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									                                                                              CONTENTS                                                                     January 2010

I.     EXECUTIVE ORDER
       BJ 09-20 Bond Allocation―Jefferson Parish Finance Authority―Amend Executive Order BJ 09-18 ............................. 1
       BJ 09-21 Executive Branch―Expenditure Reduction ..................................................................................................... 1
       BJ 10-01 Rescinding Executive Orders BJ 08-48 and BJ 08-52..................................................................................... 2

II.    EMERGENCY RULES
       Health and Hospital
             Bureau of Health Services Financing―Disproportionate Share Hospital Payments―Low Income
                    and Needy Care Collaboration (LAC 50.V.2503 and 2713) ............................................................................. 4
                Disproportionate Share Hospital Payments―Non-Rural Community Hospitals (LAC 50.V.2701) ........................ 5
                Inpatient Hospital Services―Non-Rural, Non-State Hospitals―Low Income and Needy Care
                    Collaboration (LAC 50:V.953) .......................................................................................................................... 7
                Inpatient Hospital Services―Non-Rural, Non-State Hospitals―Major Teaching Hospitals
                    (LAC 50:V.1333) ............................................................................................................................................. 8
                Medicaid Eligibility―Express Lane Eligibility (LAC 50:I.Chapter 11) .................................................................... 9
                Medicaid Eligibility―Medicare Savings Programs (LAC 50:III.2325, 10703 and 10705) ..................................... 11
                Nursing Facilities―Reimbursement Rate Reduction (LAC 50:VII.1305 and 1309)............................................. 12
                Outpatient Hospital Services―Non-Rural, Non-State Hospitals―Low Income and Needy Care
                    Collaboration (LAC:V.5313, 5513, 5713, 5913 and 6115) ............................................................................. 13
                Outpatient Hospital Services―Non-Rural, Non-State Hospitals―Major Teaching Hospitals
                    (LAC 50:V.6533) ............................................................................................................................................ 16
                Pharmacy Benefits Management Program―Methods of Payment (LAC 50:XXIX.915-925, 949 and 963) ........ 16
                Pharmacy Benefits Management Program―Restoration of the Dispensing Fee (LAC 50:XXIX.Chapter 9) ...... 18
                Pharmacy Program―Medication Administration―H1N1 Immunizations (LAC 50:XXIX.123 and 991)............... 22
       Public Safety and Corrections
             Corrections Services―Louisiana Sex Offender Assessment Panels (LAC 22:I.109) .............................................. 23
                Restoration of Good Time (LAC 22:I.319) ........................................................................................................... 26
       Social Services
             Office of Community Services―Residential Licensing—Disqualification (LAC 48:I.Chapter 88 and
                    LAC 67:III.Chapter 73 and V.Chapters 61-69) ............................................................................................... 27
                State Central Registry―Residential Licensing (LAC 67:V.1103, 1105, 6503, 6705, 6955 and 7107) ................. 34
             Office of Family Support―Child Care Assistance―Job Search (LAC 67:III. 5103, 5104 and 5109) ....................... 40
                Child Care Licensing―State Central Registry (LAC 67:III.7302, 7304, 7355, and 7357) ................................... 41
             Office of the Secretary―State Central Registry―Criminal Background and Risk Assessment Evaluation
                    (LAC 67:I.201, 203, 301, 303, 305, 307, and 309) ........................................................................................ 45
       Wildlife and Fisheries
             Wildlife and Fisheries Commission―2010-11 Commercial King Mackerel Season................................................. 47
                2010-11 Reef Fish Commercial Seasons............................................................................................................ 47
                2010 Recreational Reef Fish Seasons ............................................................................................................... 48
                Bucks-Only Deer Hunting: South Louisiana ........................................................................................................ 48
                Hunting Season Closure: South Louisiana ......................................................................................................... 49
                Zone 1 Shrimp Season Extension ...................................................................................................................... 49

III.   RULES
       Culture and Recreation
            Office of Tourism―Welcome Centers (LAC 25:V.501, 503, 505 and 507) ............................................................... 50
       Economic Development
            Office of Business Development―Regional Awards and Matching Grant Awards Program (LAC 13:III.1709) ....... 51
               Small and Emerging Business Development Program (LAC 19:II.105, 107, 507 and 903) ................................ 51
            Office of Business Development, Office of Entertainment Industry Development―Motion Picture Investor
                   Tax Credit Program (LAC 61:I.1601-1613) .................................................................................................... 52
            Office of the Secretary―Regional Awards and Matching Grant Awards Program (LAC 13:III.1709) ....................... 51
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                                                                                           i                          Louisiana Register Vol. 36, No. 1 January 20, 2010
      Education
            Board of Elementary and Secondary Education―Bulletin 741—Louisiana Handbook for School
                   Administrators—Carnegie Credit for Middle School Students (LAC 28:CXV.2321) ....................................... 59
               Public Comments (LAC 28:I.713) ....................................................................................................................... 59
      Environmental Quality
            Office of the Secretary―Control of Emissions of Nitrogen Oxides (LAC 33:III.2201 and 2202)(AQ305) ................ 59
      Governor
            Division of Administration―Motion Picture Investor Tax Credit Program (LAC 61:I.1601-1613) ............................. 52
      Health and Hospitals
            Board of Dentistry―General Provisions (LAC 46:XXXIII.116 and 1713) ................................................................. 63
            Board of Nursing― Registered Nurses—Peripherally Inserted Central Catheter (PICC) Insertion
                   (LAC 46:XLVII.3707) ..................................................................................................................................... 64
            Bureau of Health Services Financing―Disproportionate Share Hospital Payments―Pre-Admission
               Certification and Length of Stay Assignment (LAC 50:V.2501) ........................................................................... 65
               Home and Community Based Services Waivers—New Opportunities Waiver Resource Allocation
                   Model (LAC 50:XXI.13704) ........................................................................................................................... 65
               Inpatient Hospital Services―Pre-Admission Certification (LAC 50:V.301) ......................................................... 66
               Outpatient Hospital Services―Radiology Utilization Management (LAC 50:V.6105).......................................... 67
            Professional Services Program―Inpatient Physician Services (LAC 50:IX.501)..................................................... 68
            Office for Citizens with Developmental Disabilities―Home and Community Based Services Waivers—New
                   Opportunities Waiver Resource Allocation Model (LAC 50:XXI.13704)......................................................... 65
            Office of Public Health―Water Supplies―Fluoridation (LAC 48:V.1101, 1303-1315 and LAC 51:XII.317) ............. 68
      Public Safety and Corrections
            Board of Private Security Examiners―Training (LAC 46:LIX.409) .......................................................................... 72
      Revenue
            Policy Services Division―Individual Income Tax Filing Extensions (LAC 61:III.2501) ............................................. 72
      Social Services
            Office of Community Services―Foster Care (LAC 67:V.3501) ................................................................................ 73
            Office of Family Support―Support Enforcement (LAC 67:III.2301, 2509, and 2801) .............................................. 74
      Wildlife and Fisheries
            Wildlife and Fisheries Commission―Nuisance Wildlife Control Operator Program (LAC 76:V.127) ....................... 74
               Removal of Abandoned Crab Traps (LAC 76:VII.367) ........................................................................................ 77
               Special Bait Dealer's Permit (LAC 76:VII.329) .................................................................................................... 77

IV.   NOTICES OF INTENT
      Economic Development
           Office of Business Development―CDC Certification Program (LAC 13:I.Chapter 35) ............................................ 79
      Education
           Board of Elementary and Secondary Education―Bulletin 118—Statewide Assessment Standards and
                  Practices (LAC 28:CXI.Chapters 3, 7, 11, 13, 18, 20, 33, and 35) ................................................................ 81
      Governor
           Board of Louisiana River Pilot Review and Oversight―General Provisions
                  (LAC 46:LXX.Chapters 150 and 152) ............................................................................................................ 99
           Boxing and Wrestling Commission―Boxing and Wrestling Standards (LAC 46:XI.Chapters 1, 3, and 7) ............. 108
           Public Defender Board―Capital Defense Guidelines (LAC 22:XV.Chapter 9) ....................................................... 111
      Health and Hospitals
           Board of Examiners of Psychologists―Training and Credentials, Certificate of Prescriptive Authority,
                  Supervised Practice, Continuing Education, Licenses, Temporary Licensure, Supervision of
                  Unlicensed Assistants, Disciplinary Action (LAC 46:LXIII. Chapters 3, 4, 7, 8, 9, 10, 11, and 15) ............... 124
           Bureau of Health Services Financing―Early and Periodic Screening, Diagnosis and Treatment Program;
                  KIDMED Services; Claims Filing (LAC 50:XV.6705) ................................................................................... 128
           Board of Nursing―Alternative to Disciplinary Proceedings Revisions (LAC 46:XLVII.3419) ................................. 129
              Faculty and Faculty Organization (LAC 46:XLVII.3515) .................................................................................... 130
              Fees for Fingerprint Imprint (LAC 46:XLVII.3341) ............................................................................................. 131
      Natural Resources
           Office of Conservation―Exploration and Production Site Groundwater Evaluation and Remediation
                  (LAC 43:XIX.Chapter 8) .............................................................................................................................. 132
      Public Safety and Corrections
           Board of Private Investigator Examiners―Licensing of Journeyman (LAC 46:LVII.510) ....................................... 134
      Social Services
           Office of Community Services―State Central Registry―Residential Licensing
                  (LAC 67:V.1103, 1105, 6503, 6705, 6955 and 7107) ................................................................................... 135
           Office of Family Support―Child Care Assistance Program (LAC 67:III.5102, 5103, 5105, 5107, and 5109) ........ 137
              Child Care Licensing (LAC 67:III.7302, 7304, 7355 and 7357) ......................................................................... 141
              State Central Registry, Criminal Background and Risk Assessment Evaluation
                  (LAC 67:I.201, 203, 301, 303, 305, 307, and 309) ...................................................................................... 142

Louisiana Register Vol. 36, No. 1 January 20, 2010                                      ii
       Wildlife and Fisheries
             Office of the Secretary―Shrimp Packaging Regulations (LAC 76:VII.373) ........................................................... 143
             Wildlife and Fisheries Commission―Recreational Harvest of Silver and Bighead Carp (LAC 76:VII.199)............ 145

V.     ADMINISTRATIVE CODE UPDATE
           Cumulative―January 2009 through December 2009 ............................................................................................ 146

VI.    POLICY AND PROCEDURE MEMORANDA
       Governor
           Division of Administration, Office of State Travel—General Travel—PPM 49 (LAC 4:V.Chapter 15) ..................... 150

VII.   POTPOURRI
       Agriculture and Forestry
            Horticulture Commission—Landscape and Architect Registration Exam............................................................... 161
       Environmental Quality
            Office of the Secretary—Legal Affairs Division—Technical Review of Working Drafts of Waste Permits ............... 161
       Governor
            Board of Examiners for New Orleans and Baton Rouge Steamship Pilots for the Mississippi
                   River—Public Hearing—Substantive Changes to Proposed Rules (LAC 46:LXX.6107, 6206,
                   6209, 6308, 6310, 6312, and 6502) ............................................................................................................ 161
            Coastal Protection and Restoration Authority—Public Hearing—State Fiscal Year 2011 Draft Annual Plan .......... 164
       Health and Hospitals
            Office of Public Health—Advanced Notice of Rulemaking and Solicitation of Comments ..................................... 164
               Center for Environmental Health—Request for Public Comment on Louisiana’s Fish Consumption
                   Advisory Protocol ........................................................................................................................................ 165
       Natural Resources
            Office of Conservation—Orphaned Oilfield Sites ................................................................................................... 165
            Office of the Secretary—Fishermen’s Gear Compensation Fund—Loran Coordinates ......................................... 165

VIII. INDEX              .................................................................................................................................................................... 167




                                                                                                iii                           Louisiana Register Vol. 36, No. 1 January 20, 2010
                                          Executive Orders
              EXECUTIVE ORDER BJ 10-20                                     WHEREAS, if the most recently approved budget
                                                                      status report indicates that the total appropriation from any
   Bond Allocation—Jefferson Parish Finance Authority
                                                                      fund will exceed the official forecast for that fund, R.S.
         Amend Executive Order No. BJ 09-18
                                                                      39:75(B) requires the Committee to immediately notify the
                                                                      Governor that a projected deficit exists for that fund;
     WHEREAS, Executive Order No. BJ 2009-18, issued
                                                                           WHEREAS, by letter dated December 18, 2009, the
on November 20, 2009, granted an allocation from the 2009
                                                                      Committee notified the Governor that it approved a budget
Ceiling in the amount of $30,000,000 to the Jefferson Parish          status report at its December 18, 2009, meeting, indicating a
Finance Authority for Single Family Mortgage Revenue                  projected deficit of two hundred forty-seven million, nine
Bonds; and
                                                                      hundred eleven thousand, nine hundred ten dollars
     WHEREAS, it is necessary to amend Executive order
                                                                      ($247,911,910) exists in the State General Fund for Fiscal
No. BJ 2009-18, to extend the date of delivery of bonds to
                                                                      Year 2009-2010, based on the revised official forecast of
the initial purchasers;
                                                                      revenue available for appropriation adopted by the Revenue
     NOWTHEREFORE, I, BOBBY JINDAL, Governor of                       Estimating Conference on December 17, 2009, compared to
the state of Louisiana, by virtue of the authority vested by          total appropriations;
the Constitution and the laws of the state of Louisiana, do
                                                                           WHEREAS, once notified that a projected deficit
hereby order and direct as follows:
                                                                      exists, pursuant to Article VII, Section 10 of the Constitution
     SECTION 1: Section 3 of Executive order No. BJ
                                                                      of Louisiana and R.S. 39:75(C)(1)(a), the Governor has
2009-18, issued on November 20, 2009, is amended as                   interim budget balancing powers to adjust the budget,
follows:                                                              including the authority to reduce appropriations for the
      The allocation granted herein shall be valid and in
                                                                      Executive Branch of government for any program that is
      full force and effect through December31, 2009,
                                                                      appropriated from a fund that is in a deficit posture, not
      provided that such bonds are delivered to the
                                                                      exceeding three percent (3%) in the aggregate of the total
      initial purchasers thereof on or before December
                                                                      appropriations for each Budget Unit for the fiscal year, and
      23, 2009.                                                       if the Governor does not make necessary adjustments in the
     SECTION 2: All other sections, subsections, and                  appropriations to eliminate the projected deficit within thirty
paragraphs of Executive Order No. BJ 2009-18, issued on
                                                                      (30) days of the determination of the projected deficit in a
November 20, 2009, shall remain in full force and effect.
                                                                      fund, R.S. 39:75(D) mandates the Governor call a special
     SECTION 3: This Order is effective upon signature
                                                                      session of the Louisiana Legislature for that purpose;
and shall remain in effect until amended, modified,
                                                                           WHEREAS, as authorized by R.S. 39:75(C)(1)(a), I
terminated, or rescinded by the governor, or terminated by            am exercising my unilateral interim budget balancing
operation of law.                                                     powers to reduce the projected deficit by $247,911,910,
     IN WITNESS WHEREOF, I have set my hand
                                                                      resulting in a less than 1% reduction in the total
officially and caused to be affixed the Great Seal of
                                                                      appropriation for the State;
Louisiana, at the Capitol, in the City of Baton Rouge, on this
                                                                           WHEREAS, the allocation of the reductions are
15th day of December, 2009.
                                                                      across the board to all Budget Units within the scope of my
                                                                      unilateral interim budget balancing powers resulting in the
                           Bobby Jindal                               lesser of either a 7.56% reduction of the State General Fund
                           Governor
                                                                      or a 3% reduction of the total appropriation for each Budget
ATTEST BY
                                                                      Unit; and
THE GOVERNOR
                                                                           WHEREAS, as authorized by R.S. 39:75(C)(3), my
Jay Dardenne                                                          Executive Order may utilize all or a portion of the General
Secretary of State                                                    Fund dollar savings objective specified in Executive Order
1001#075
                                                                      BJ 2009-11.
              EXECUTIVE ORDER BJ 10-21                                     NOW THEREFORE, I, Bobby Jindal, Governor of the
                                                                      State of Louisiana, by virtue of the authority vested by the
           Executive Branch—Expenditure Reduction                     Constitution and laws of the State of Louisiana, do hereby
                                                                      order and direct as follows:
     WHEREAS, pursuant to R.S. 39:75(A)(1), the                            SECTION 1: The following departments, agencies,
Division of Administration is directed to submit a monthly            and/or Budget Units (hereafter "Unit" and/or "Units") of the
budget status report to the Joint Legislative Committee on            Executive Branch of the State of Louisiana, as described in
the Budget (hereafter "Committee") indicating the balance of          and/or funded by appropriations through Acts 10, 40, and
the budget for the State General Fund and dedicated funds             122 of the 2009 Regular Session of the Louisiana
by comparing the official forecast for these funds to the total       Legislature (hereafter "the Acts"), shall reduce expenditure
authorized appropriations from each fund; once approved by            of funds appropriated to the Unit from the State General
the Committee, the most recent budget status report becomes           Fund by the Acts, in the amounts shown below:
the official budget status of the State;

                                                                  1                 Louisiana Register Vol. 36, No. 1 January 20, 2010
       Act 10 and Act 122-General Operating Appropriations                      D. After the Commissioner has given approval of a
Act:                                                                    Unit’s mid-year budget reduction plan, any change to the
                                                                        mid-year budget reduction plan requires prior written
                                              State General Fund        approval from the Commissioner.
   Schedule 01-Executive Department                   $ 7,740,854            SECTION 3: The Commissioner of Administration is
   Schedule 03-Veterans Affairs                         $ 637,278       authorized to develop additional guidelines as necessary to
   Schedule 04-Elected Officials
                                                                        facilitate the administration of this Order.
     04-139 Secretary of State                        $ 1,632,209
     04-141 Office of Attorney General                  $ 619,232
                                                                             SECTION 4: All departments, commissions, boards,
     04-146 Lieutenant Governor                         $ 122,053       offices, entities, agencies, and officers of the State of
     04-147 State Treasurer                              $ 46,881       Louisiana, or any political subdivision thereof, are
     04-160 Agriculture and Forestry                  $ 1,554,442       authorized and directed to cooperate in the implementation
   Schedule 05-Economic Development                   $ 1,714,480       of the provisions of this Order.
   Schedule 06-Culture, Recreation and                                       SECTION 5: This Order is effective upon signature
   Tourism                                            $ 2,188,047
   Schedule 07-Transportation and
                                                                        and shall remain in effect through June 30, 2010, unless
   Development                                         $ 132,296        amended, modified, terminated, or rescinded prior to that
   Schedule 08B-Public Safety Services               $ 2,740,923        date.
   Schedule 09-Health and Hospitals                 $108,056,551             IN WITNESS WHEREOF, I have set my hand
   Schedule 10-Social Services                       $14,129,547        officially and caused to be affixed the Great Seal of
   Schedule 11-Natural Resources                       $ 375,881
                                                                        Louisiana, at the Capitol, in the city of Baton Rouge, on this
   Schedule 12-Revenue                               $ 1,060,656
   Schedule 13-Environmental Quality                   $ 321,667        22nd day of December 2009.
   Schedule 14-Workforce Commission                    $ 137,514
   Schedule 16-Wildlife and Fisheries                     $ 7,561                                  Bobby Jindal
   Schedule 17-Civil Service                                                                       Governor
     17-562 Ethics Administration                      $ 127,407        ATTEST BY
     17-563 State Police Commission                     $ 19,671        THE GOVERNOR
     17-564 Division of Administrative Law              $ 29,306
   Schedule 19A-Higher Education                     $83,961,506
                                                                        Jay Dardenne
   Schedule 19B-Special Schools and                                     Secretary of State
   Commissions and 19D-Education                     $16,077,548        1001#076
   Schedule 19E-LA Health Care Services
   Division                                           $ 2,454,084                    EXECUTIVE ORDER BJ 10-01
   Schedule 20-Other Requirements
     20-906 District Attorneys & Assistant                                  Rescinding Executive Orders BJ 08-48 and BJ 08-52
     District Attorneys                                $ 913,868
     20-909 LA Health Insurance Association             $ 60,000             WHEREAS, the limited duties and responsibilities of
     20-933 Governor’s Conferences and
     Interstate Compacts                                 $ 16,000
                                                                        the Louisiana Wild Caught Shrimp Industry Trade Action
     20-945 State Aid to Local Government                               Advisory Council, as established by Executive Order No. BJ
     Entities                                         $ 1,034,447       2008-48 dated August 22, 2008, are included within the
                                                                        broader scope and authority of the recently created
     SECTION 2:                                                         Louisiana Shrimp Task Force, which has a comprehensive
       A. No later than January 8, 2010, the head of each               mission to examine the shrimp industry, identify areas of
Unit listed in Section 1 of this Order shall submit to the              concern or problems endemic to the industry, and to develop
Commissioner          of        Administration     (hereafter           plans and propose policies which can improve the economic
"Commissioner") a mid-year budget reduction plan, on the                sustainability of the industry;
BA-7 form and questionnaire, which reflects the Unit’s                       WHEREAS, the E-Rate Oversight Committee, as
proposed allocation of the expenditure reduction ordered in             established by Executive Order No. BJ 2008-52 dated
Section 1 of this Order (hereafter "midyear budget reduction            August 22, 2008, was created in order to facilitate the
plan"), and a description of the methodology used to                    application process for the disbursement of federal E-Rate
formulate the mid-year budget reduction plan. The heads of              Hurricane Katrina Relief Funding for Louisiana schools and
each department shall exercise discretion to allocate the               libraries to access in order to rebuild their technology
aggregate reduction within the department to maximize                   infrastructures, and this federal funding has now been fully
recurring savings to the State for future fiscal years, while           utilized; and
remaining in compliance with R.S. 39:75(C)(1)(a) by                          WHEREAS, it is proper to terminate the Louisiana
ensuring that no reduction to any Budget Unit exceeds 3% of             Wild Caught Shrimp Industry Trade Action Advisory
the total appropriation of that Budget Unit.                            Council and E-Rate Oversight Committee and their
       B. In the event that positions of employment will be             respective responsibilities as they are no longer needed to
affected by the midyear budget reduction these positions                administer the tasks they were created for;
should be included in a Unit’s midyear budget reduction                      NOW THEREFORE, I, BOBBY JINDAL, Governor of
plan.                                                                   the State of Louisiana, by virtue of the authority vested by
       C. No Unit shall implement the expenditure                       the Constitution and the laws of the State of Louisiana, do
reduction mandated by Section 1 of this Order without the               hereby order and direct as follows:
Commissioner’s prior written approval of the Unit’s mid-
year budget reduction plan.

Louisiana Register Vol. 36, No. 1 January 20, 2010                  2
     SECTION 1: Executive Order No. BJ 2008-48 dated            Louisiana, at the Capitol, in the City of Baton Rouge, on this
August 22, 2008 and Executive Order No. BJ 2008-52 dated        7th day of January, 2010.
August 22, 2008 are hereby terminated and rescinded.
     SECTION 2: This Order is effective upon signature                                     Bobby Jindal
and shall continue in effect until amended, modified,                                      Governor
terminated or rescinded by the Governor, or terminated by       ATTEST BY
operation of law.                                               THE GOVERNOR
     IN WITNESS WHEREOF, I have set my hand                     Jay Dardenne
officially and caused to be affixed the Great Seal of           Secretary of State
                                                                1001#077




                                                            3                Louisiana Register Vol. 36, No. 1 January 20, 2010
                                          Emergency Rules
           DECLARATION OF EMERGENCY                                        8. effective July 1, 1994, must also have a Medicaid
                                                                       inpatient utilization rate of at least 1 percent.
           Department of Health and Hospitals                            AUTHORITY NOTE: Promulgated in accordance with R.S.
           Bureau of Health Services Financing                         36:254 and Title XIX of the Social Security Act.
                                                                         HISTORICAL NOTE: Promulgated by the Department of
         Disproportionate Share Hospital Payments                      Health and Hospitals, Office of the Secretary, Bureau of Health
         Low Income and Needy Care Collaboration                       Services Financing, LR 34:655 (April 2008), amended by the
                (LAC 50.V.2503 and 2713)                               Department of Health and Hospitals, Bureau of Health Services
                                                                       Financing, LR 36:
   The Department of Health and Hospitals, Bureau of                   Chapter 27. Qualifying Hospitals
Health Services Financing proposes to amend LAC                        §2713. Low Income and Needy Care Collaboration
50:V.2503 and adopt LAC.V.2713 in the Medical Assistance                  A. Definitions
Program as authorized by R.S. 36:254 and pursuant to Title                   Low Income and Needy Care Collaboration
XIX of the Social Security Act. This Emergency Rule is                 Agreement—an agreement between a hospital and a state or
promulgated in accordance with the provisions of the                   local governmental entity to collaborate for purposes of
Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and           providing healthcare services to low income and needy
shall be in effect for the maximum period allowed under the            patients.
Act or until adoption of the final Rule, whichever occurs                 B. In order to qualify under this DSH category in any
first.                                                                 period, a hospital must be party to a Low Income and Needy
   The Department of Health and Hospitals, Office of the               Care Collaboration Agreement with the Department of
Secretary, Bureau of Health Services Financing                         Health and Hospitals in that period.
repromulgated all of the Rules governing the                              C. DSH payments to Low Income and Needy Care
disproportionate share hospital (DSH) payment methodology              Collaborating Hospitals shall be calculated as follows.
in LAC 50:V.Chapters 25 and 27 (Louisiana Register,                          1. In each quarter, the department shall divide
Volume 34, Number 4). The department now proposes to                   hospitals qualifying under this DSH category into two pools.
amend the provisions governing disproportionate share                  The first pool shall include hospitals that, in addition to
hospital payments to provide for a supplemental payment to             qualifying under this DSH category, also qualify for DSH
hospitals that enter into an agreement with a state or local           payments under any other DSH category. Hospitals in the
governmental entity for the purpose of providing healthcare            first pool shall be eligible to receive DSH payments under
services to low income and needy patients.                             §2713.C.2 provisions. The second pool shall include all
   This action is being taken to secure new federal funding            other hospitals qualifying under this DSH category.
and to promote the public health and welfare of uninsured              Hospitals in the second pool shall be eligible to receive DSH
individuals by assuring that hospitals are adequately                  payments under §2713.C.3 provisions.
reimbursed for furnishing uncompensated care. It is                          2. In each quarter, to the extent the department
estimated that the implementation of this Emergency Rule               appropriates funding to this DSH category, hospitals that
will be budget neutral for state fiscal year 2009-10 since it is       qualify under the provisions of §2713.C.2 shall receive 100
a public-private collaboration.                                        percent of the total amount appropriated by the department
   Effective January 20, 2010, the Department of Health and            for this DSH category.
Hospitals, Bureau of Health Services Financing amends the                      a. If the net uncompensated care costs of these
provisions governing disproportionate share hospital                   hospitals exceed the amount appropriated for this pool,
payments to provide for a supplemental payment to hospitals            payment shall be made based on each hospital’s pro rata
that participate in the Low Income and Needy Care                      share of the pool.
Collaboration.                                                                   i. The pro rata share shall be calculated by
                            Title 50                                   dividing the hospital’s net uncompensated care costs by the
       PUBLIC HEALTH―MEDICAL ASSISTANCE                                total of the net uncompensated care costs for all hospitals
 Part V. Medical Assistance Program–Hospital Services                  qualifying under §2713.C.2 and multiplying by the amount
  Subpart 3. Disproportionate Share Hospital Payments                  appropriated by the department.
Chapter 25. Disproportionate Share Hospital Payment                            b. If the amount appropriated for this DSH category
                 Methodologies                                         exceeds the net uncompensated care costs of all hospitals
§2503. Disproportionate Share Hospital Qualifications                  qualifying under §2713.C.2, payment shall be made up to
   A. - A.5. ...                                                       each hospital’s net uncompensated care costs.
      6. effective September 15, 2006, be a non-rural                          c. Any amount available after all distributions are
community hospital as defined in §2701.A;                              made under §2713.C.2 provisions shall be distributed subject
      7. effective January 20, 2010, be a hospital                     to the provisions in §2713.C.3.
participating in the Low Income and Needy Care                               3. In each quarter, to the extent distributions are
Collaboration as defined in §2713.A; and                               available, and after all distributions are made under
                                                                       §2713.C.2 provisions, distributions under §2713.C.3
                                                                       provisions shall be made according to the following terms.

Louisiana Register Vol. 36, No. 1 January 20, 2010                 4
       a. If the net uncompensated care costs of all                shall not exceed the hospital’s specific DSH limit. If
hospitals qualifying for payment under §2713.C.3 provisions         payments calculated under this methodology would cause a
exceed the amount available for this pool, payment shall be         hospital’s aggregate DSH payment to exceed the limit, the
made based on each hospital’s pro rata share of the pool.           payment from this category shall be capped at the hospital’s
          i. The pro rata share shall be calculated by              specific DSH limit. The remaining payments shall be
dividing its net uncompensated care costs by the total of the       redistributed to the other hospitals in accordance with these
net uncompensated care costs for all hospitals qualifying           provisions.
under §2713.C.3.                                                       I. If the amount appropriated for this DSH category
       b. If the amount available for payments under                exceeds the specific DSH limits of all qualifying hospitals,
§2713.C.3 exceeds the net uncompensated care costs of all           payment will be made up to each hospital’s specific DSH
qualifying hospitals, payments shall be made up to each             limit and the remaining amount shall be used by the
hospital’s net uncompensated care costs and the remaining           department to make disproportionate share payments under
amount shall be used by the department to make                      this DSH category in future quarters.
disproportionate share payments under this DSH category in            AUTHORITY NOTE: Promulgated in accordance with R.S.
future quarters.                                                    36:254 and Title XIX of the Social Security Act.
   D. In the event it is necessary to reduce the amount of            HISTORICAL NOTE: Promulgated by the Department of
disproportionate share payments under this DSH category to          Health and Hospitals, Bureau of Health Services Financing, LR 36:
remain within the federal disproportionate share allotment in          Implementation of the provisions of this Rule may be
any quarter, the department shall calculate a pro rata              contingent upon the approval of the U.S. Department of
decrease for each hospital qualifying under the provisions of       Health and Human Services, Center for Medicare and
§2713.C.3.                                                          Medicaid Services (CMS) if it is determined that submission
     1. The pro rata decrease shall be based on a ratio             to CMS for review and approval is required.
determined by:                                                         Interested persons may submit written comments to Jerry
       a. dividing that hospital’s DSH payments by the              Phillips, Bureau of Health Services Financing, P.O. Box
total DSH payments for all hospitals qualifying under               91030, Baton Rouge, LA 70821-9030. He is responsible for
§2713.C.3 in that quarter; and                                      responding to all inquiries regarding this Emergency Rule. A
       b. multiplying the amount of DSH payments                    copy of this Emergency Rule is available for review by
calculated in excess of the federal disproportionate share          interested parties at parish Medicaid offices.
allotment.
     2. If necessary in any quarter, the department will                                        Alan Levine
reduce Medicaid DSH payments under these provisions to                                          Secretary
                                                                    1001#023
zero for all applicable hospitals.
   E. After the reduction in §2713.D has been applied, if it                    DECLARATION OF EMERGENCY
is necessary to further reduce the amount of DSH payments
under this DSH category to remain within the federal                            Department of Health and Hospitals
disproportionate share allotment in any quarter, the                            Bureau of Health Services Financing
department shall calculate a pro rata decrease for each
hospital qualifying under §2713.C.2.                                           Disproportionate Share Hospital Payments
     1. The pro rata decrease shall be based on a ratio                            Non-Rural Community Hospitals
determined by:                                                                             (LAC 50.V.2701)
       a. dividing that hospital’s DSH payments by the
total DSH payments for all hospitals qualifying under                 The Department of Health and Hospitals, Bureau of
§2713.C.2 in that quarter; and                                      Health Services Financing amends LAC 50:V.2701 in the
       b. multiplying the amount of DSH payments                    Medical Assistance Program as authorized by R.S. 36:254
calculated in excess of the federal disproportionate share          and pursuant to Title XIX of the Social Security Act. This
allotment.                                                          Emergency Rule is promulgated in accordance with the
     2. If necessary in any quarter, the department shall           provisions of the Administrative Procedure Act, R.S.
reduce Medicaid DSH payments under these provisions to              49:953(B)(1) et seq., and shall be in effect for the maximum
zero for all applicable hospitals.                                  period allowed under the Act or until adoption of the final
   E. Qualifying hospitals must submit costs and patient            Rule, whichever occurs first.
specific data in a format specified by the department. Costs          The Department of Health and Hospitals, Office of the
and lengths of stay will be reviewed for reasonableness             Secretary, Bureau of Health Services Financing amended the
before payments are made.                                           provisions governing disproportionate share hospital (DSH)
   F. Payments shall be made on a quarterly basis,                  payments to revise the provisions governing non-rural
however, each hospital’s eligibility for DSH and net                community hospitals and federally mandated statutory
uncompensated care costs shall be determined on an annual           hospitals to clarify that hospitals qualifying as a non-rural
basis.                                                              community hospital in state fiscal year 2007-08 may also
   G. Payments to hospitals qualifying under this DSH               qualify in the federally mandated statutory hospital category,
category shall be made subsequent to any DSH payments for           and to revise the definition of a non-rural community
which a hospital is eligible under another DSH category.            hospital (Louisiana Register, Volume 34, Number 11). In
   H. Aggregate DSH payments for hospitals that receive             compliance with Act 228 of the 2009 Regular Session of the
payment from this category, and any other DSH category,             Louisiana Legislature, the department promulgated an

                                                                5                  Louisiana Register Vol. 36, No. 1 January 20, 2010
Emergency Rule to amend the provisions governing                          1. If the hospital’s qualifying uninsured cost is less
disproportionate share hospital payments to reallocate any           than 3.5 percent of total hospital cost, no payment shall be
remaining funds from the fiscal year 2009 DSH                        made.
appropriation to non-rural community hospitals and issue a                2. If the hospital’s qualifying uninsured cost is equal
supplemental payment to these hospitals for their                    to or greater than 3.5 percent of total hospital cost, but less
uncompensated care costs (Louisiana Register, Volume 35,             than 6.5 percent, the payment shall be 50 percent of an
Number 7).                                                           amount equal to the difference between the total qualifying
   Act 10 of the 2009 Regular Session of the Louisiana               uninsured cost as a percent of total hospital cost and 3.5
Legislature directed the department to amend the DSH                 percent of total hospital cost.
qualifying criteria and payment methodologies for non-rural               3. If the hospital’s qualifying uninsured cost is equal
community hospitals. In compliance with Act 10, the                  to or greater than 6.5 percent of total hospital cost, but less
department now proposes to amend the provisions of the               than or equal to 8 percent, the payment shall be 80 percent of
June 26, 2009 Emergency Rule governing supplemental                  an amount equal to the difference between the total
DSH payments to non-rural community hospitals. This                  qualifying uninsured cost as a percent of total hospital cost
action is being taken to promote the public health and               and 3.5 percent of total hospital cost.
welfare of uninsured individuals and to ensure their                      4. If the hospital’s qualifying uninsured cost is greater
continued access to health care by assuring that hospitals are       than 8 percent of total hospital cost, the payment shall be 90
adequately reimbursed for furnishing uncompensated care. It          percent of qualifying uninsured cost for the portion in excess
is estimated that the implementation of this Emergency Rule          of 8 percent of total hospital cost and 80 percent of an
will increase expenditures in the Medicaid Program by                amount equal to 4.5 percent of total hospital cost.
$69,000,000 for state fiscal year 2009-10.                              C.5. - E. …
   Effective January 20, 2010, the Department of Health and             F. In the event that the total payments calculated for all
Hospitals, Bureau of Health Services Financing amends the            recipient hospitals are anticipated to exceed the total amount
provisions of the June 26, 2009 Emergency Rule governing             appropriated, the department shall reduce payments on a pro
disproportionate share hospital payments to non-rural                rata basis in order to achieve a total cost that is not in excess
community hospitals.                                                 of the amounts appropriated for this purpose. The
                            Title 50                                 $35,000,000 appropriation for the non-rural community
     PUBLIC HEALTH—MEDICAL ASSISTANCE                                hospital pool shall be effective only for state fiscal year 2010
 Part V. Medical Assistance Program—Hospital Services                and distributions from the pool shall be considered
  Subpart 3. Disproportionate Share Hospital Payments                nonrecurring.
Chapter 27. Qualifying Hospitals                                        G. Of the total appropriation for the non-rural
§2701. Non-Rural Community Hospitals                                 community hospital pool, $12,000,000 shall be allocated to
   A. …                                                              public and private non-rural community hospitals with a
   B. DSH payments to a public, non-rural community                  distinct part psychiatric unit and freestanding psychiatric
hospital shall be calculated as follows.                             hospitals.
     1. Each qualifying public, non-rural community                       1. To qualify for this payment hospitals must have
hospital shall certify to the Department of Health and               uninsured cost as defined in §2701.C.5 equal to or greater
Hospitals its uncompensated care costs. The basis of the             than 3.5 percent of total hospital cost and:
certification shall be 100 percent of the hospital’s allowable               a. be a public or private non-rural community
costs for these services, as determined by the most recently         hospital, as defined in §2701.A. that has a Medicaid enrolled
filed Medicare/Medicaid cost report. The certification shall         distinct part psychiatric unit; or
be submitted in a form satisfactory to the department no later               b. enrolled in Medicaid as a freestanding psychiatric
than October 1 of each fiscal year. The department will              hospital that pursuant to 42 CFR 441.151 is accredited by
claim the federal share for these certified public                   the Joint Commission on the Accreditation of Healthcare
expenditures. The department’s subsequent reimbursement              Organizations.
to the hospital shall be in accordance with the qualifying                2. Payment shall be calculated by:
criteria and payment methodology for non-rural community                     a. dividing each qualifying hospital’s distinct part
hospitals included in Act 10 of the 2009 Regular Session of          psychiatric unit’s uninsured days by the sum of all qualifying
the Louisiana Legislature, and may be more or less than the          psychiatric unit qualifying uninsured days and multiplying
federal share so claimed. Qualifying public, non-rural               by $7,000,000;
community hospitals that fail to make such certifications by                 b. dividing each qualifying freestanding psychiatric
October 1 may not receive Title XIX claim payments or any            hospital’s uninsured days by the sum of all qualifying
disproportionate share payments until the department                 freestanding psychiatric hospital qualifying uninsured days
receives the required certifications.                                and multiplying by $5,000,000.
   C. Repealed.                                                         H. - I. …
     1. Repealed.                                                      AUTHORITY NOTE: Promulgated in accordance with R.S.
     2. Repealed.                                                    36:254 and Title XIX of the Social Security Act.
     3. Repealed.                                                      HISTORICAL NOTE: Promulgated by the Department of
                                                                     Health and Hospitals, Office of the Secretary, Bureau of Health
   C. Private, non-rural community hospitals (other than
                                                                     Services Financing, LR 34:655 (April 2008), amended LR 34:2402
freestanding psychiatric hospitals) shall be reimbursed as           (November 2008), amended by the Department of Health and
follows:                                                             Hospitals, Bureau of Health Services Financing, LR 36:


Louisiana Register Vol. 36, No. 1 January 20, 2010               6
   Implementation of the provisions of this Rule may be            hospitals that enter into an agreement with a state or local
contingent upon the approval of the U.S. Department of             governmental entity for the purpose of providing healthcare
Health and Human Services, Center for Medicaid Services            services to low income and needy patients.
(CMS) if it is determined that submission to CMS for review           This action is being taken to secure new federal funding
and approval is required.                                          and to promote the health and welfare of Medicaid recipients
   Interested persons may submit written comments to Jerry         by ensuring sufficient provider participation in the Hospital
Phillips, Bureau of Health Services Financing, P.O. Box            Services Program. It is estimated that the implementation of
91030, Baton Rouge, LA 70821-9030. He is responsible for           this Emergency Rule will be budget neutral for state fiscal
responding to all inquiries regarding this Emergency Rule. A       year 2009-10 since it is a public-private collaboration.
copy of this Emergency Rule is available for review by                Effective January 1, 2010, the Department of Health and
interested parties at parish Medicaid offices.                     Hospitals, Bureau of Health Services Financing amends the
                                                                   provisions governing the reimbursement methodology for
                           Alan Levine                             inpatient hospital services rendered by non-rural, non-state
                           Secretary                               hospitals.
1001#024                                                                                       Title 50
                                                                        PUBLIC HEALTH—MEDICAL ASSISTANCE
            DECLARATION OF EMERGENCY                                                 Part V. Hospital Services
             Department of Health and Hospitals                                   Subpart 1. Inpatient Hospitals
             Bureau of Health Services Financing                   Chapter 9.       Non-Rural, Non-State Hospitals
                                                                   Subchapter B. Reimbursement Methodology
                  Inpatient Hospital Services                      §953. Acute Care Hospitals
                Non-Rural, Non-State Hospitals                        A. - J.2. …
           Low Income and Needy Care Collaboration                    K. Hospitals Impacted by Hurricane Katrina (Region 1).
                       (LAC 50:V.953)                              Effective for dates of service on or after July 1, 2009, a
                                                                   quarterly supplemental payment will be issued to qualifying
   The Department of Health and Hospitals, Bureau of               non-rural, non-state acute care hospitals for services
Health Services Financing amends LAC 50:V.953 in the               rendered from July 1, 2009 through December 31, 2010.
Medical Assistance Program as authorized by R.S. 36:254            Maximum aggregate payments to all qualifying hospitals in
and pursuant to Title XIX of the Social Security Act. This         this group (along with those in §963.A and outpatient
Emergency Rule is promulgated in accordance with the               supplemental payments) will not exceed $170,000,000.
provisions of the Administrative Procedure Act, R.S.                    1. Qualifying Criteria. In order to qualify for the
49:953(B)(1) et seq., and shall be in effect for the maximum       supplemental payment, the non-rural, non-state acute care
period allowed under the Act or until adoption of the final        hospital must be located in DHH Administrative Region 1
Rule, whichever occurs first.                                      (New Orleans) and identified in the July 17, 2008 United
   The Department of Health and Hospitals, Office of the           States Government Accountability Office report as a hospital
Secretary, Bureau of Health Services Financing adopted             that has demonstrated substantial financial and operational
provisions which established the prospective reimbursement         challenges in the aftermath of Hurricane Katrina.
methodology for inpatient hospital services rendered in                 2. Each eligible hospital shall receive quarterly
private (non-state) acute care general hospitals (Louisiana        supplemental payments which in total do not exceed a
Register, Volume 20, Number 6).                                    specified individualized hospital limit. Payments will be
   In compliance with Act 228 of the 2009 Regular Session          distributed based on Medicaid paid claims data from state
of the Louisiana Legislature, the department promulgated an        fiscal year 2008 service dates. Payments will end on
Emergency Rule to amend the provisions governing the               December 31, 2010 or when the hospital specific cap is
reimbursement methodology for inpatient hospital services          reached, whichever occurs first.
to provide a supplemental Medicaid payment to non-rural,              L. Other Hospitals Impacted by Hurricanes Katrina and
non-state hospitals that demonstrated substantial financial        Rita. Effective for dates of service on or after July 1, 2009, a
and operational challenges in the aftermath of Hurricanes          quarterly supplemental payment will be issued to qualifying
Katrina, Rita, Gustav and Ike (Louisiana Register, Volume          non-rural, non-state acute care hospitals for services
35, Number 7). The July 1, 2009 Emergency Rule was                 rendered from July 1, 2009 through December 31, 2010.
amended in order to reorganize the provisions in the               Maximum aggregate payments to all qualifying hospitals in
appropriate place in LAC 50:V.953 of the Louisiana                 this group (along with those in §959.C and §963.B
Administrative Code as a result of August 4, 2009                  payments) will not exceed $10,000,000.
Emergency Rules which amended the reimbursement                         1. Qualifying Criteria. Non-rural, non-state acute care
methodology for inpatient hospital services (Louisiana             hospitals that do not qualify for payment under §953.E
Register, Volume 35, Number 10).                                   provisions may receive a supplemental payment if the
   The department now proposes to amend the provisions             hospital is located in either the New Orleans or Lake Charles
governing the reimbursement methodology for inpatient              metropolitan statistical area (MSA), had at least 1,000 paid
hospital services to establish a Medicaid upper payment            Medicaid days for state fiscal year 2008 service dates and is
limit financing mechanism to provide supplemental                  currently operational.
payments to acute care general hospitals. This initiative,              2. Each eligible hospital shall receive quarterly
known as the Low Income and Needy Care Collaboration,              supplemental payments which in total do not exceed
will provide supplemental payments to non-rural, non-state         $1,200,000 per hospital for the 18 month period.

                                                               7                 Louisiana Register Vol. 36, No. 1 January 20, 2010
        a. Payments will be distributed as follows using             through a Low Income and Needy Care Collaboration
Medicaid paid days for state fiscal year 2008 service dates.         Agreement.
           i. Qualifying hospitals with greater than 7,500                   a. A non-state hospital is defined as a hospital
paid Medicaid days for state fiscal year 2008 service dates          which is owned or operated by a private entity.
will be paid $60 per Medicaid paid day.                                      b. A Low Income and Needy Care Collaboration
          ii. Qualifying hospitals with greater than 1,000,          Agreement is defined as an agreement between a hospital
but less than or equal to 7,500 paid Medicaid days for state         and a state or local governmental entity to collaborate for
fiscal year 2008 service dates will be paid $130 per                 purposes of providing healthcare services to low income and
Medicaid paid day.                                                   needy patients.
        b. Payments will end on December 31, 2010 or                      2. Each qualifying hospital shall receive quarterly
when the $1,200,000 limit is reached, whichever occurs first.        supplemental payments for the inpatient services rendered
   M. Hospitals Impacted by Hurricanes Gustav and Ike.               during the quarter. Quarterly payment distribution shall be
Effective for dates of service on or after July 1, 2009, a           limited to one-fourth of the lesser of:
quarterly supplemental payment will be issued to qualifying                  a. the difference between each qualifying hospital’s
non-rural, non-state acute care hospitals for services               inpatient Medicaid billed charges and Medicaid payments
rendered from July 1, 2009 through December 31, 2010.                the hospital receives for covered inpatient services provided
Maximum aggregate payments to all qualifying hospitals in            to Medicaid recipients. Medicaid billed charges and
this group (along with §959.D and §963.C payments) will              payments will be based on a 12 consecutive month period
not exceed $7,500,000.                                               for claims data selected by the department; or
     1. Qualifying Criteria. Non-rural, non-state acute care                 b. for hospitals participating in the Medicaid
hospitals that do not qualify for payment under §953.E or            Disproportionate Share Hospital (DSH) Program, the
§953.F may receive a supplemental payment if the hospital            difference between the hospital’s specific DSH limit and the
is located in either DHH Administrative Region 2 (Baton              hospital’s DSH payments for the applicable payment period.
Rouge) or 3 (Thibodaux), had at least 1,000 paid Medicaid              AUTHORITY NOTE: Promulgated in accordance with R.S.
days for state fiscal year 2008 service dates and is currently       36:254 and Title XIX of the Social Security Act.
operational.                                                           HISTORICAL NOTE: Promulgated by the Department of
     2. Each eligible hospital shall receive quarterly               Health and Hospitals, Office of the Secretary, Bureau of Health
                                                                     Services Financing, LR 34:876 (May 2008), amended LR 34:877
supplemental payments which in total do not exceed                   (May 2008), amended by the Department of Health and Hospitals,
$1,200,000 per hospital for the 18 month period.                     Bureau of Health Services Financing, LR 35:1896 (September
        a. Payments will be distributed as follows using             2009), repromulgated LR 35:2182 (October 2009), amended LR
Medicaid paid days for state fiscal year 2008 service dates.         36:
           i. Qualifying hospitals with greater than 20,000             Implementation of the provisions of this Rule may be
paid Medicaid days for state fiscal year 2008 service dates          contingent upon the approval of the U.S. Department of
will be paid $60 per Medicaid paid day.                              Health and Human Services, Center for Medicaid Services
          ii. Qualifying hospitals with greater than 2,500,          (CMS) if it is determined that submission to CMS for review
but less than or equal to 20,000 paid Medicaid days for state        and approval is required.
fiscal year 2008 service dates will be paid $105 per                    Interested persons may submit written comments to Jerry
Medicaid paid day.                                                   Phillips, Bureau of Health Services Financing, P.O. Box
         iii. Qualifying hospitals with greater than 1,000,          91030, Baton Rouge, LA 70821-9030. He is responsible for
but less than or equal to 2,500 paid Medicaid days for state         responding to all inquiries regarding this Emergency Rule. A
fiscal year 2008 service dates will be paid $225 per                 copy of this Emergency Rule is available for review by
Medicaid paid day.                                                   interested parties at parish Medicaid offices.
        b. Payments will end on December 31, 2010 or
when the $1,200,000 limit is reached, whichever occurs first.                                   Alan Levine
   N. Effective for dates of service on or after August 4,                                      Secretary
2009, the prospective per diem rate paid to acute care               1001#018
hospitals shall be reduced by 6.3 percent of the per diem rate
on file as of August 3, 2009.                                                   DECLARATION OF EMERGENCY
     1. Payments to small rural hospitals as defined in R.R.
                                                                                Department of Health and Hospitals
40:1300 shall be exempt from this reduction.
                                                                                Bureau of Health Services Financing
     2. - 2.b. Repealed.
   O. Low Income and Needy Care Collaboration. Effective
                                                                                     Inpatient Hospital Services
for dates of service on or after January 1, 2010, quarterly
                                                                                   Non-Rural, Non-State Hospitals
supplemental payments will be issued to qualifying non-
                                                                                      Major Teaching Hospitals
rural, non-state acute care hospitals for inpatient services
                                                                                         (LAC 50:V.1333)
rendered during the quarter. Maximum aggregate payments
to all qualifying hospitals in this group shall not exceed the
                                                                       The Department of Health and Hospitals, Bureau of
available upper payment limit per state fiscal year.
                                                                     Health Services Financing adopts LAC 50:V.1333 in the
     1. Qualifying Criteria. In order to qualify for the
                                                                     Medical Assistance Program as authorized by R.S. 36:254
supplemental payment, the non-rural, non-state hospital
                                                                     and pursuant to Title XIX of the Social Security Act. This
must be affiliated with a state or local governmental entity
                                                                     Emergency Rule is promulgated in accordance with the
                                                                     provisions of the Administrative Procedure Act, R.S.
Louisiana Register Vol. 36, No. 1 January 20, 2010               8
49:953(B)(1) et seq., and shall be in effect for the maximum               2. Payments shall be distributed quarterly and shall be
period allowed under the Act or until adoption of the final           calculated using the Medicaid paid days for service dates in
Rule, whichever occurs first.                                         state fiscal year 2008 serving as a proxy for SFYs 2010 and
   The Department of Health and Hospitals, Office of the              2011 service dates.
Secretary, Bureau of Health Services Financing amended the                 3. Payments are applicable to Medicaid service dates
provisions governing the reimbursement methodology for                provided during each quarter and shall be discontinued for
inpatient hospital services to provide for a supplemental             the remainder of the state fiscal year in the event that the
Medicaid payment to non-rural, non-state acute care                   maximum payment cap is reached or by June 30, 2011,
hospitals for having a Medicaid inpatient utilization greater         whichever occurs first.
than 30 percent and teaching hospitals for furnishing                   AUTHORITY NOTE: Promulgated in accordance with R.S.
additional graduate medical education services as a result of         36:254 and Title XIX of the Social Security Act.
the suspension of training programs at the Medical Center of            HISTORICAL NOTE: Promulgated by the Department of
Louisiana at New Orleans due to the impact of Hurricane               Health and Hospitals, Bureau of Health Services Financing, LR 36:
Katrina (Louisiana Register, Volume 34, Number 5). The                   Implementation of the provisions of this Rule may be
Department of Health and Hospitals, Bureau of Health                  contingent upon the approval of the U.S. Department of
Services Financing promulgated an Emergency Rule to                   Health and Human Services, Centers for Medicare and
amend the provisions governing the reimbursement                      Medicaid Services (CMS) if it is determined that submission
methodology for inpatient hospital services to provide a              to CMS for review and approval is required.
supplemental Medicaid payment to acute care hospitals                    Interested persons may submit written comments to Jerry
designated as major teaching hospitals to facilitate the              Phillips, Bureau of Health Services Financing, P.O. Box
development of public-private collaborations in order to              91030, Baton Rouge, LA 70821-9030. He is responsible for
preserve access to medically necessary services for Medicaid          responding to all inquiries regarding this Emergency Rule. A
recipients (Louisiana Register, Volume 35, Number 10).                copy of this Emergency Rule is available for review by
This Emergency Rule is being promulgated to continue the              interested parties at parish Medicaid offices.
provisions of the October 1, 2009 Emergency Rule.
   This action is being taken to promote the health and                                           Alan Levine
welfare of Medicaid recipients by encouraging provider                                            Secretary
participation in the Medicaid Program so as to assure                 1001#026
sufficient access to hospital services.
   Effective for dates of service on or after January 30, 2010,                  DECLARATION OF EMERGENCY
the Department of Health and Hospitals, Bureau of Health                         Department of Health and Hospitals
Services Financing amends the provisions governing the                           Bureau of Health Services Financing
reimbursement methodology for inpatient hospital services
rendered by non-rural, non-state hospitals designated as                     Medicaid Eligibility―Express Lane Eligibility
major teaching hospitals.                                                               (LAC 50:I.Chapter 11)
                            Title 50
      PUBLIC HEALTH─MEDICAL ASSISTANCE                                   The Department of Health and Hospitals, Bureau of
                  Part V. Hospital Services                           Health Services Financing adopts LAC 50:III.Chapter 11 in
               Subpart 1. Inpatient Hospitals                         the Medical Assistance Program as authorized by R.S.
Chapter 13. Teaching Hospitals                                        36:254 and pursuant to Title XIX of the Social Security Act.
Subchapter B. Reimbursement Methodology                               This Emergency Rule is promulgated in accordance with the
§1333. Major Teaching Hospitals                                       provisions of the Administrative Procedure Act, R.S.
   A. Effective for dates of service on or after October 1,           49:953(B)(1) et seq., and shall be in effect for the maximum
2009, a quarterly supplemental payment shall be issued to             period allowed under the Act or until adoption of the final
qualifying non-rural, non-state acute care hospitals for              Rule, whichever occurs first.
inpatient services rendered during the quarter. These                    Act 407 of the 2007 Regular Session of the Louisiana
payments shall be used to facilitate the development of               Legislature directed the Department of Health and Hospitals
public-private collaborations to preserve access to medically         to utilize income determinations made by the Food Stamp
necessary services for Medicaid recipients. Aggregate                 Program, Women, Infants and Children (WIC) Program or
payments to qualifying hospitals shall not exceed the                 the National School Lunch Program to determine income
maximum allowable cap for the state fiscal year.                      eligibility for the Medicaid Program or the Louisiana
     1. Qualifying Criteria. In order to qualify for the              Children’s Health Insurance Program (LaCHIP) as soon as
supplemental payment, the non-rural, non-state acute care             federal legislation allowing the same was enacted.
hospital must:                                                           Federal regulations in the Children’s Health Insurance
       a. be designated as a major teaching hospital by the           Program Reauthorization Act (CHIPRA) of 2009 established
department in state fiscal year 2009;                                 provisions to allow states to rely on a finding from an
       b. have provided at least 25,000 Medicaid acute                Express Lane agency to more effectively reach out and
care paid days for state fiscal year 2008 dates of service; and       enroll eligible, but uninsured, children in the Medicaid
       c. have provided at least 4,000 Medicaid distinct              Program. Express Lane eligibility is an administrative
part psychiatric unit paid days for state fiscal year 2008            streamlining option that uses data from other government
dates of service.                                                     agencies to identify, enroll and retain children who are

                                                                  9                 Louisiana Register Vol. 36, No. 1 January 20, 2010
eligible for Medicaid or the Children’s Health Insurance                   C. Verification requirements for citizenship or
Program (CHIP).                                                          nationality status are applicable to Express Lane eligibility
   In compliance with Act 407 and CHIPRA of 2009, the                    determinations.
Department of Health and Hospitals, Bureau of Health                       D. If a finding from an Express Lane agency results in a
Services Financing promulgated an Emergency Rule that                    determination that a child does not satisfy an eligibility
adopted provisions which established Express Lane                        requirement for Medicaid or CHIP, the department shall
eligibility in order to expedite identification and enrollment           determine eligibility for assistance using its regular
of uninsured children in the Medicaid/LaCHIP Program                     procedures.
(Louisiana Register, Volume 35, Number 10). The                            AUTHORITY NOTE: Promulgated in accordance with R.S.
department now proposes to amend the October 10, 2009                    36:254 and Title XIX of the Social Security Act.
Emergency Rule to revise the list of agencies that will                    HISTORICAL NOTE: Promulgated by the Department of
provide data for Express Lane eligibility determinations.                Health and Hospitals, Bureau of Health Services Financing, LR 36:
This action is being taken to promote the health and well-               §1105. Automatic Enrollment
being of children by increasing access to health care                       A. The department may initiate and determine Medicaid
coverage.                                                                eligibility based on data from sources other than the child (or
   Effective January 20, 2010, the Department of Health and              the child’s family) without an application form; however, a
Hospitals, Bureau of Health Services Financing amends the                child can only be automatically enrolled for coverage if the:
provisions of the October 10, 2009 Emergency Rule                             1. child or family consents to being enrolled through
governing Express Lane eligibility determinations.                       affirmation and signature on an Express Lane agency
                            Title 50                                     application; and
     PUBLIC HEALTH—MEDICAL ASSISTANCE                                         2. department has informed the parent, guardian or
                      Part III. Eligibility                              custodial relative of the:
         Subpart 3. Eligibility Groups and Factors                               a. services that will be covered;
Chapter 11.       Express Lane Eligibility                                       b. appropriate methods for using such services;
§1101. General Provisions                                                        c. premium or other cost-sharing charges that apply
   A. The       Children’s    Health     Insurance    Program            (if applicable);
Reauthorization Act (CHIPRA) of 2009, Public Law No.                             d. medical support obligations created by
111-3, established provisions which allowed states to rely on            enrollment (if applicable); and
a finding from an Express Lane agency to more effectively                        e. actions the parent, guardian or relative must take
reach out and enroll eligible but uninsured children in the              to maintain enrollment and renew coverage.
                                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
Medicaid Program or the Children’s Health Insurance                      36:254 and Title XIX of the Social Security Act.
Program (CHIP).                                                            HISTORICAL NOTE: Promulgated by the Department of
   B. Express Lane eligibility is an administrative                      Health and Hospitals, Bureau of Health Services Financing, LR 36:
streamlining option that uses data from other government                 §1107. Disclosure of Eligibility Data
agencies to identify, enroll and retain children who are                    A. Notwithstanding any other provisions of law, Express
eligible for Medicaid or CHIP.                                           Lane agencies in possession of data directly relevant to
   C. Express Lane eligibility shall be utilized for                     Express Lane eligibility determinations shall convey such
enrollment of uninsured children under the age of 19.                    data to the department and shall ensure that the individual
   D. These provisions shall not apply to eligibility                    (or his parent, guardian, caretaker relative, authorized
determinations made after September 30, 2013.                            representative) whose circumstances are described in the
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    data has either provided consent to disclosure, or has not
36:254 and Title XIX of the Social Security Act.
                                                                         objected to disclosure.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Bureau of Health Services Financing, LR 36:             1. Such individuals shall be provided with advance
§1103. Eligibility Determinations                                        notice of disclosure and a reasonable opportunity to object to
  A. The department shall rely on the findings from an                   the disclosure of their information.
Express Lane agency to satisfy one or more of the eligibility               B. Express Lane agency sources of data shall include,
components (regardless of any differences in the income                  but is not limited to, the following:
budget unit, disregards, deeming of income or other                           1. eligibility files;
methodologies) required to make an eligibility                                2. unemployment compensation benefits;
determination.                                                                3. wages and income information;
     1. An Express Lane agency is a public agency that is                     4. Social Security Administration and Internal
determined by the department to be capable of making the                 Revenue Service information;
determinations of one or more of the eligibility requirements                 5. employer wage reports to a state agency;
defined in the Medicaid State Plan. Express Lane agencies                     6. vital records information about births in any state;
are need-based programs/agencies.                                        or
  B. The department shall utilize eligibility findings from                   7. third party health insurance information.
Express Lane agencies that administer the:                                  C. Improper Disclosure Penalties
     1. Food and Nutrition Act of 2008 (Supplemental                          1. Civil Monetary Penalty. A private entity that
Nutrition Assistance Program/SNAP, also known as the                     publishes, discloses, or makes known in any manner or to
Food Stamp Program); or                                                  any extent not authorized by the department any information
     2. Richard B. Russell National School Lunch Act                     obtained for the purposes of Express Lane eligibility may be
(Free Lunch program).                                                    subject to civil monetary penalties for each unauthorized
Louisiana Register Vol. 36, No. 1 January 20, 2010                  10
publication or disclosure, pursuant to §1942 of Title XIX of             limited to payment of Medicare premiums, and may pay
the Social Security Act.                                                 deductibles and co-insurance. Under Section 1902(r)(2) of
     2. Criminal Penalty. A private entity that willfully                the Social Security Act, states are allowed to use less
publishes, discloses, or makes known in any manner or to                 restrictive resource methodologies in determining eligibility
any extent not authorized by the department any information              for most Medicaid eligibility groups than are used by the
under this section shall be fined not more than $10,000 or               related cash assistance programs. The applicant’s resources
imprisoned not more than 1 year, or both, for each                       are currently considered in the determination of Medicaid
unauthorized publication or disclosure.                                  eligibility. Resources are defined as cash assets or assets that
     3. The limitations and requirements that apply to                   can be converted to cash, such as bank accounts, stocks,
Express Lane eligibility data disclosure shall not be                    bonds, automobiles and property.
construed to prohibit the conveyance or disclosure of data or               The Medicare Improvement for Patients and Providers Act
information otherwise permitted under federal law.                       (MIPPA) of 2008 modified the provisions of the Medicare
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    Savings Programs in order to increase enrollment and reduce
36:254 and Title XIX of the Social Security Act.                         barriers to enrollment. In order to reduce the administrative
  HISTORICAL NOTE: Promulgated by the Department of                      burden for the Medicaid Program, to align Medicare Savings
Health and Hospitals, Bureau of Health Services Financing, LR 36:        Program eligibility more closely with the Medicare Part D
   Implementation of the provisions of this Rule may be                  Low Income Subsidy eligibility and to eliminate financial
contingent upon the approval of the U.S. Department of                   hardship for individuals, the Department of Health and
Health and Human Services, Centers for Medicare and                      Hospitals, Bureau of Health Services Financing proposes to
Medicaid Services (CMS), if it is determined that                        amend the provisions governing the Medicare Savings
submission to CMS for review and approval is required.                   Programs to incorporate provisions regarding the submittal
   Interested persons may submit written comments to Jerry               of low income subsidy data and to disregard certain assets in
Phillips, Bureau of Health Services Financing, P.O. Box                  the eligibility determination process.
91030, Baton Rouge, LA 70821-9030. He is responsible for                    This action is being taken to promote the health and
responding to inquiries regarding this Emergency Rule. A                 welfare of elderly and disabled citizens who could derive
copy of this Emergency Rule is available for review by                   benefits through the Medicare Savings Programs and to
interested parties at parish Medicaid offices.                           avoid federal sanctions. It is anticipated that implementation
                                                                         of this Emergency Rule will increase expenditures in the
                            Alan Levine                                  Medicaid Program by approximately $1,183,455 for state
                            Secretary                                    fiscal year 2009-2010.
1001#025
                                                                            Effective January 1, 2010, the Department of Health and
           DECLARATION OF EMERGENCY                                      Hospitals, Bureau of Health Services Financing amends the
                                                                         provisions governing the Medicare Savings Programs.
           Department of Health and Hospitals                                                        Title 50
           Bureau of Health Services Financing                                PUBLIC HEALTH—MEDICAL ASSISTANCE
                                                                                               Part III. Eligibility
                   Medicaid Eligibility                                           Subpart 3. Eligibility Groups and Factors
               Medicare Savings Programs                                 Chapter 23. Eligibility Groups and Medicaid
            (LAC 50:III.2325, 10703 and 10705)                                             Programs
                                                                         §2325. Medicare Savings Programs
   The Department of Health and Hospitals, Bureau of                        A. Medical assistance furnished to Qualified Medicare
Health Services Financing adopts LAC 50:III.2325 and                     Beneficiaries (QMB), Specified Low Income Beneficiaries
§10703 and amends §10705 in the Medical Assistance                       (SLMB) and Qualified Individuals (QI) is commonly
Program as authorized by R.S. 36:254 and pursuant to Title               referred to as the Medicare Savings Programs (MSP).
XIX of the Social Security Act. This Emergency Rule is                   Medicaid coverage under these programs is limited to
promulgated in accordance with the Administrative                        payment of Medicare premiums, and may pay deductibles
Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in                and co-insurance.
effect for the maximum period allowed under the Act or until                  1. Effective January 1, 2010, with the consent of an
adoption of the final Rule, whichever occurs first.                      individual completing an application for Low Income
   The Department of Health and Hospitals, Office of the                 Subsidy (LIS) benefits, the Social Security Administration
Secretary, Bureau of Health Services Financing adopted the               will transmit LIS data to Medicaid.
state and federal requirements governing the determination                    2. Medicaid shall use the data to initiate an application
of eligibility of persons applying for coverage under the                for the individual for benefits under the Medicare Savings
Qualified Medicare Beneficiary, Qualified Disabled and                   Program.
Working Individuals, Specified Low Income Medicare                            3. The date that the LIS application is filed with the
Beneficiary and the Qualified Individual-1 Programs as                   Social Security Administration will be used as the date of
identified under Title XIX of the Social Security Act. These             application for MSP and for determining the effective date of
are commonly referred to as the Medicare Savings                         MSP eligibility.
Programs. Medicaid coverage under these programs is                        AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         36:254 and Title XIX of the Social Security Act.




                                                                    11                 Louisiana Register Vol. 36, No. 1 January 20, 2010
  HISTORICAL NOTE: Promulgated by the Department of                                DECLARATION OF EMERGENCY
Health and Hospitals, Bureau of Health Services Financing, LR 36:
              Subpart 5. Financial Eligibility                                      Department of Health and Hospitals
Chapter 107. Resources                                                              Bureau of Health Services Financing
§10703. General Provisions
                                                                                            Nursing Facilities
   A. Medicaid utilizes the income and asset methodologies
                                                                                       Reimbursement Rate Reduction
of the Supplemental Security Income (SSI) Program to
                                                                                        (LAC 50:VII.1305 and 1309)
determine Medicaid eligibility for aged, blind and disabled
individuals.                                                                The Department of Health and Hospitals, Bureau of
   B. Under Section 1902(r)(2) of the Social Security Act,               Health Services Financing amends LAC 50:VII.1305 and
states are allowed to use less restrictive income and asset              1309 in the Medical Assistance Program as authorized by
methodologies in determining eligibility for most Medicaid               R.S. 36:254 and pursuant to Title XIX of the Social Security
eligibility groups than are used by the cash assistance                  Act. In the event the department projects that expenditures in
program.                                                                 the Medical Vendor Program may exceed the funding
   C. Medicare Savings Programs                                          allocated in the General Appropriations Act, the secretary
     1. The following individual’s resources shall be                    shall, subject to the review and approval of the Joint
considered in determining eligibility for the Medicare                   Legislative Committee on the Budget, implement reductions
Savings Programs:                                                        in the Medicaid Program as necessary to control
        a. the applicant/recipient; and                                  expenditures to the level of funding appropriated by the
        b. the spouse living in the home with the                        legislature. Notwithstanding any law to the contrary, the
applicant/recipient.                                                     secretary may utilize various cost-containment measures to
     2. Resource Assessment. The assets test for full Low                accomplish these reductions, including but not limited to
Income Subsidy (LIS) eligibility is set at three times the SSI           precertification, preadmission screening, diversion, fraud
asset standard, indexed annually by the increase in the                  control, utilization review and management, prior
consumer price index.                                                    authorization, service limitations and other measures as
        a. Effective January 1, 2010, the asset limit for all            allowed by federal law. This Emergency Rule is promulgated
Medicare Savings Programs will be the same as the asset                  in accordance with the provisions of the Administrative
limit for Medicare’s Part D full benefit LIS.                            Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in
  AUTHORITY NOTE: Promulgated in accordance with R.S.
36:254 and Title XIX of the Social Security Act.
                                                                         effect for the maximum period allowed under the Act or until
  HISTORICAL NOTE: Promulgated by the Department of                      adoption of the final Rule, whichever occurs first.
Health and Hospitals, Bureau of Health Services Financing, LR 36:           The Department of Health and Hospitals, Office of the
§10705. Resource Disregards                                              Secretary, Bureau of Health Services Financing amended the
  A. - B.1. …                                                            provisions governing the reimbursement methodology for
  C. Effective January 1, 2010, the following assets shall               nursing facilities by increasing the reimbursement paid to
be disregarded in eligibility determinations for all Medicare            providers to implement a wage enhancement for direct care
Savings Programs:                                                        staff employed with the nursing facility (Louisiana Register,
    1. the cash surrender value of life insurance,                       Volume 33, Number 10).
regardless of face value; and                                               In anticipation of projected expenditures in the Medical
    2. the value of all vehicles owned by the applicant or               Vendor Program exceeding the funding allocated in the
spouse.                                                                  General Appropriations Act, the department published an
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    Emergency Rule to reduce the reimbursement rates paid to
36:254 and Title XIX of the Social Security Act.                         non-state nursing facilities (Louisiana Register, Volume 35,
  HISTORICAL NOTE: Promulgated by the Department of                      Number 7). The department published an Emergency Rule to
Health and Hospitals, Bureau of Health Services Financing and the        amend the reduction to the per diem rates of non-state
Office of Aging and Adult Services, LR 35:1899 (September 2009),         nursing facilities (Louisiana Register, Volume 35, Number
amended LR 36:                                                           10). This action is being taken to promote the health and
   Implementation of the provisions of this Rule may be                  welfare of Medicaid recipients by encouraging the continued
contingent upon the approval of the U.S. Department of                   participation of non-state nursing facilities in the Medicaid
Health and Human Services, Centers for Medicare and                      Program.
Medicaid Services (CMS) if it is determined that submission                 Effective February 18, 2010, the Department of Health
to CMS for review and approval is required.                              and Hospitals, Bureau of Health Services Financing amends
   Interested persons may submit written comments to Jerry               the provisions governing the reimbursement methodology
Phillips, Department of Health and Hospitals, Bureau of                  for non-state nursing facilities.
Health Services Financing, P.O. Box 91030, Baton Rouge,                                              Title 50
LA 70821-9030. He is responsible for responding to                            PUBLIC HEALTH―MEDICAL ASSISTANCE
inquiries regarding this Emergency Rule. A copy of this                               Part VII. Long Term Care Services
Emergency Rule is available for review by interested parties                             Subpart 1. Nursing Facilities
at parish Medicaid offices.                                              Chapter 13. Reimbursement
                                                                         §1305. Rate Determination
                            Alan Levine                                     A. - D.1.h.Example …
                            Secretary
1001#019


Louisiana Register Vol. 36, No. 1 January 20, 2010                  12
        i. For dates of service on or after July 3, 2009, the                    DECLARATION OF EMERGENCY
facility-specific direct care rate will be adjusted in order to
                                                                                 Department of Health and Hospitals
reduce the wage enhancement from $4.70 to a $1.30 wage
                                                                                 Bureau of Health Services Financing
enhancement prior to the case-mix adjustment for direct care
staff. The $1.30 wage enhancement will be included in the
                                                                                     Outpatient Hospital Services
direct care component of the floor calculations. It is the
                                                                                    Non-Rural, Non-State Hospitals
intent that this wage enhancement be paid to the direct care
                                                                               Low Income and Needy Care Collaboration
staff.
                                                                               LAC:V.5313, 5513, 5713, 5913 and 6115)
           i. Effective with the next rebase, on or after July
1, 2010, the wage enhancement will be eliminated.
   D.2. - 4.b. …                                                          The Department of Health and Hospitals, Bureau of
     5. Adjustment to the Rate. Adjustments to the                     Health Services Financing amends LAC 50:V.5313, §5513,
Medicaid daily rate may be made when changes occur that                §5713, §5913 and §6115 in the Medical Assistance Program
will eventually be recognized in updated cost report data              as authorized by R.S. 36:254 and pursuant to Title XIX of
(such as a change in the minimum wage, a change in FICA                the Social Security Act. This Emergency Rule is
or a utility rate change). These adjustments would be                  promulgated in accordance with the provisions of the
effective until the next rebasing of cost report data or until         Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and
such time as the cost reports fully reflect the change.                shall be in effect for the maximum period allowed under the
     6. Budget Shortfall. In the event the department is               Act or until adoption of the final Rule, whichever occurs
required to implement reductions in the nursing facility               first.
program as a result of a budget shortfall, a budget reduction             The Department of Health and Hospitals, Office of the
category shall be created. Without changing the parameters             Secretary, Bureau of Health Services Financing adopted a
established in these provisions, this category shall reduce the        Rule which established the reimbursement methodology for
statewide average Medicaid rate by reducing the                        outpatient hospital services (Louisiana Register, Volume 22,
reimbursement rate paid to each nursing facility using an              Number 1). In compliance with Act 228 of the 2009 Regular
equal amount per patient day.                                          Session of the Louisiana Legislature, the department
        a. Repealed.                                                   promulgated an Emergency Rule to amend the provisions
   E. …                                                                governing the reimbursement methodology for outpatient
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  hospital services to provide a supplemental Medicaid
36:254 and Title XIX of the Social Security Act.                       payment to non-rural, non-state public hospitals that
  HISTORICAL NOTE: Promulgated by the Department of                    demonstrated substantial financial and operational
Health and Hospitals, Office of the Secretary, Bureau of Health        challenges in the aftermath of Hurricanes Katrina, Rita,
Services Financing, LR 28:1791 (August 2002), LR 31:1596 (July         Gustav and Ike (Louisiana Register, Volume 35, Number 7).
2005), LR 32:2263 (December 2006), LR 33:2203 (October 2007),             The department now proposes to amend the provisions
amended by the Department of Health and Hospitals, Bureau of           governing the reimbursement methodology for outpatient
Health Services Financing, LR 36:                                      hospital services to establish a Medicaid upper payment
§1309. State-Owned or Operated and Non-State,                          limit financing mechanism to provide supplemental
         Government-Owned or Operated Facilities                       payments to acute care general hospitals. This initiative,
  A. - B.2. …                                                          known as the Low Income and Needy Care Collaboration,
  C. Repealed.                                                         will provide supplemental payments to non-rural, non-state
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       hospitals that enter into an agreement with a state or local
36:254, R.S. 46:2742, and Title XIX of the Social Security Act.
   HISTORICAL NOTE: Promulgated by the Department of
                                                                       governmental entity for the purpose of providing healthcare
Health and Hospitals, Office of the Secretary, Bureau of Health        services to low income and needy patients.
Services Financing, LR 28:1793 (August 2002), amended LR 30:53            This action is being taken to secure new federal funding
(January 2004), LR 31:1596 (July 2005), LR 32:2265 (December           and to promote the health and welfare of Medicaid recipients
2006), amended by the Department of Health and Hospitals,              by ensuring sufficient provider participation in the Hospital
Bureau of Health Services Financing, LR 36:                            Services Program. It is estimated that the implementation of
   Implementation of the provisions of this Rule may be                this Emergency Rule will be budget neutral for state fiscal
contingent upon the approval of the U.S. Department of                 year 2009-10 since it is a public-private collaboration.
Health and Human Services, Centers for Medicare and                       Effective January 1, 2010, the Department of Health and
Medicaid Services (CMS), if it is determined that                      Hospitals, Bureau of Health Services Financing amends the
submission to CMS for review and approval is required.                 provisions governing the reimbursement methodology for
   Interested persons may submit written comments to Jerry             outpatient hospital services rendered by non-rural, non-state
Phillips, Bureau of Health Services Financing, P.O. Box                hospitals.
91030, Baton Rouge, LA 70821-9030. He is responsible for                                           Title 50
responding to inquiries regarding this Emergency Rule. A                      PULIC HEALTH―MEDICAL ASSISTANCE
copy of this Emergency Rule is available for review by                                        Part V. Hospitals
interested parties at parish Medicaid offices.                                       Subpart 5. Outpatient Hospitals
                                                                       Chapter 53. Outpatient Surgery
                           Alan Levine                                 Subchapter B. Reimbursement Methodology
                           Secretary                                   §5313. Non-Rural, Non-State Hospitals
1001#027                                                                  A. …

                                                                  13                Louisiana Register Vol. 36, No. 1 January 20, 2010
   B. Effective for dates of service on or after August 4,            through a low income and needy care collaboration
2009, the reimbursement paid to non-rural, non-state                  agreement.
hospitals for outpatient surgery shall be reduced by 5.65                    a. A non-state hospital is defined as a hospital
percent of the fee schedule on file as of August 3, 2009.             which is owned or operated by a private entity.
   C. Low Income and Needy Care Collaboration. Effective                     b. A low income and needy care collaboration
for dates of service on or after January 1, 2010, quarterly           agreement is defined as an agreement between a hospital and
supplemental payments will be issued to qualifying non-               a state or local governmental entity to collaborate for
rural, non-state hospitals for outpatient surgery services            purposes of providing healthcare services to low income and
rendered during the quarter. Maximum aggregate payments               needy patients.
to all qualifying hospitals in this group shall not exceed the             2. Each qualifying hospital shall receive quarterly
available upper payment limit per state fiscal year.                  supplemental payments for the outpatient services rendered
     1. Qualifying Criteria. In order to qualify for the              during the quarter. Quarterly payment distribution shall be
supplemental payment, the non-rural, non-state hospital               limited to one-fourth of the lesser of:
must be affiliated with a state or local governmental entity                 a. the difference between each qualifying hospital’s
through a low income and needy care collaboration                     outpatient Medicaid billed charges and Medicaid payments
agreement.                                                            the hospital receives for covered outpatient services
        a. A non-state hospital is defined as a hospital              provided to Medicaid recipients. Medicaid billed charges
which is owned or operated by a private entity.                       and payments will be based on a 12 consecutive month
        b. A low income and needy care collaboration                  period for claims data selected by the department; or
agreement is defined as an agreement between a hospital and                  b. for hospitals participating in the Medicaid
a state or local governmental entity to collaborate for               Disproportionate Share Hospital (DSH) Program, the
purposes of providing healthcare services to low income and           difference between the hospital’s specific DSH limit and the
needy patients.                                                       hospital’s DSH payments for the applicable payment period.
     2. Each qualifying hospital shall receive quarterly                AUTHORITY NOTE: Promulgated in accordance with R.S.
supplemental payments for the outpatient services rendered            46:153 and Title XIX of the Social Security Act.
during the quarter. Quarterly payment distribution shall be             HISTORICAL NOTE: Promulgated by the Department of
limited to one-fourth of the lesser of:                               Health and Hospitals, Bureau of Health Service Financing, LR
                                                                      35:1900 (September 2009), amended LR 36:
        a. the difference between each qualifying hospital’s
                                                                      Chapter 57. Laboratory Services
outpatient Medicaid billed charges and Medicaid payments
                                                                      Subchapter B. Reimbursement Methodology
the hospital receives for covered outpatient services
                                                                      §5713. Non-Rural, Non-State Hospitals
provided to Medicaid recipients. Medicaid billed charges
                                                                         A. …
and payments will be based on a 12 consecutive month
                                                                         B. Effective for dates of service on or after August 4,
period for claims data selected by the department; or
                                                                      2009, the reimbursement paid to non-rural, non-state
        b. for hospitals participating in the Medicaid
                                                                      hospitals for outpatient laboratory services shall be reduced
Disproportionate Share Hospital (DSH) Program, the
                                                                      by 5.65 percent of the fee schedule on file as of August 3,
difference between the hospital’s specific DSH limit and the
                                                                      2009.
hospital’s DSH payments for the applicable payment period.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    C. Low Income and Needy Care Collaboration. Effective
46:153 and Title XIX of the Social Security Act.                      for dates of service on or after January 1, 2010, quarterly
  HISTORICAL NOTE: Promulgated by the Department of                   supplemental payments will be issued to qualifying non-
Health and Hospitals, Bureau of Health Service Financing, LR          rural, non-state hospitals for laboratory services rendered
35:1900 (September 2009), amended LR 36:                              during the quarter. Maximum aggregate payments to all
Chapter 55. Clinic Services                                           qualifying hospitals in this group shall not exceed the
Subchapter B. Reimbursement Methodology                               available upper payment limit per state fiscal year.
§5513. Non-Rural, Non-State Hospitals                                      1. Qualifying Criteria. In order to qualify for the
  A. …                                                                supplemental payment, the non-rural, non-state hospital
  B. Effective for dates of service on or after August 4,             must be affiliated with a state or local governmental entity
2009, the reimbursement paid to non-rural, non-state                  through a low income and needy care collaboration
hospitals for outpatient clinic services shall be reduced by          agreement.
5.65 percent of the fee schedule on file as of August 3, 2009.               a. A non-state hospital is defined as a hospital
  C. Low Income and Needy Care Collaboration. Effective               which is owned or operated by a private entity.
for dates of service on or after January 1, 2010, quarterly                  b. A low income and needy care collaboration
supplemental payments will be issued to qualifying non-               agreement is defined as an agreement between a hospital and
rural, non-state hospitals for clinic services rendered during        a state or local governmental entity to collaborate for
the quarter. Maximum aggregate payments to all qualifying             purposes of providing healthcare services to low income and
hospitals in this group shall not exceed the available upper          needy patients.
payment limit per state fiscal year.                                       2. Each qualifying hospital shall receive quarterly
     1. Qualifying Criteria. In order to qualify for the              supplemental payments for the outpatient services rendered
supplemental payment, the non-rural, non-state hospital               during the quarter. Quarterly payment distribution shall be
must be affiliated with a state or local governmental entity          limited to one-fourth of the lesser of:




Louisiana Register Vol. 36, No. 1 January 20, 2010               14
       a. the difference between each qualifying hospital’s            Chapter 61. Other Outpatient Hospital Services
outpatient Medicaid billed charges and Medicaid payments               Subchapter B. Reimbursement Methodology
the hospital receives for covered outpatient services                  §6115. Non-Rural, Non-State Hospitals
provided to Medicaid recipients. Medicaid billed charges                  A. …
and payments will be based on a 12 consecutive month                      B. Effective for dates of service on or after August 4,
period for claims data selected by the department; or                  2009, the reimbursement paid to non-rural, non-state
       b. for hospitals participating in the Medicaid                  hospitals for outpatient hospital services other than clinical
Disproportionate Share Hospital (DSH) Program, the                     diagnostic laboratory services, outpatient surgeries,
difference between the hospital’s specific DSH limit and the           rehabilitation services and outpatient hospital facility fees
hospital’s DSH payments for the applicable payment period.             shall be reduced by 5.65 percent of the rates effective as of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  August 3, 2009. Final reimbursement shall be at 78.48
46:153 and Title XIX of the Social Security Act.                       percent of allowable cost through the cost settlement
  HISTORICAL NOTE: Promulgated by the Department of                    process.
Health and Hospitals, Bureau of Health Service Financing, LR
                                                                          C. Low Income and Needy Care Collaboration. Effective
36:1900 (September 2009), amended LR 36:
                                                                       for dates of service on or after January 1, 2010, quarterly
Chapter 59. Rehabilitation Services
                                                                       supplemental payments will be issued to qualifying non-
Subchapter B. Reimbursement Methodology
                                                                       rural, non-state hospitals for outpatient hospital services
§5913. Non-Rural, Non-State Hospitals
                                                                       other than clinical diagnostic laboratory services, outpatient
   A. …
                                                                       surgeries and rehabilitation services rendered during the
   B. Effective for dates of service on or after August 4,
                                                                       quarter. Maximum aggregate payments to all qualifying
2009, the reimbursement paid to non-rural, non-state
                                                                       hospitals in this group shall not exceed the available upper
hospitals for outpatient rehabilitation services provided to
                                                                       payment limit per state fiscal year.
recipients over the age of three years shall be reduced by
                                                                            1. Qualifying Criteria. In order to qualify for the
5.65 percent of the fee schedule on file as of August 3, 2009.
                                                                       supplemental payment, the non-rural, non-state hospital
   C. Low Income and Needy Care Collaboration. Effective
                                                                       must be affiliated with a state or local governmental entity
for dates of service on or after January 1, 2010, quarterly
                                                                       through a low income and needy care collaboration
supplemental payments will be issued to qualifying non-
                                                                       agreement.
rural, non-state hospitals for rehabilitation services rendered
                                                                              a. A non-state hospital is defined as a hospital
during the quarter. Maximum aggregate payments to all
                                                                       which is owned or operated by a private entity.
qualifying hospitals in this group shall not exceed the
                                                                              b. A low income and needy care collaboration
available upper payment limit per state fiscal year.
                                                                       agreement is defined as an agreement between a hospital and
     1. Qualifying Criteria. In order to qualify for the
                                                                       a state or local governmental entity to collaborate for
supplemental payment, the non-rural, non-state hospital
                                                                       purposes of providing healthcare services to low income and
must be affiliated with a state or local governmental entity
                                                                       needy patients.
through a low income and needy care collaboration
                                                                            2. Each qualifying hospital shall receive quarterly
agreement.
                                                                       supplemental payments for the outpatient services rendered
        a. A non-state hospital is defined as a hospital
                                                                       during the quarter. Quarterly payment distribution shall be
which is owned or operated by a private entity.
                                                                       limited to one-fourth of the lesser of:
        b. A low income and needy care collaboration
                                                                              a. the difference between each qualifying hospital’s
agreement is defined as an agreement between a hospital and
                                                                       outpatient Medicaid billed charges and Medicaid payments
a state or local governmental entity to collaborate for
                                                                       the hospital receives for covered outpatient services
purposes of providing healthcare services to low income and
                                                                       provided to Medicaid recipients. Medicaid billed charges
needy patients.
                                                                       and payments will be based on a 12 consecutive month
     2. Each qualifying hospital shall receive quarterly
                                                                       period for claims data selected by the department; or
supplemental payments for the outpatient services rendered
                                                                              b. for hospitals participating in the Medicaid
during the quarter. Quarterly payment distribution shall be
                                                                       Disproportionate Share Hospital (DSH) Program, the
limited to one-fourth of the lesser of:
                                                                       difference between the hospital’s specific DSH limit and the
        a. the difference between each qualifying hospital’s
                                                                       hospital’s DSH payments for the applicable payment period.
outpatient Medicaid billed charges and Medicaid payments                 AUTHORITY NOTE: Promulgated in accordance with R.S.
the hospital receives for covered outpatient services                  46:153 and Title XIX of the Social Security Act.
provided to Medicaid recipients. Medicaid billed charges                 HISTORICAL NOTE: Promulgated by the Department of
and payments will be based on a 12 consecutive month                   Health and Hospitals, Bureau of Health Service Financing, LR
period for claims data selected by the department; or                  35:1900 (September 2009), amended LR 36:
        b. for hospitals participating in the Medicaid                   Implementation of the provisions of this Rule may be
Disproportionate Share Hospital (DSH) Program, the                     contingent upon the approval of the U.S. Department of
difference between the hospital’s specific DSH limit and the           Health and Human Services, Centers for Medicare and
hospital’s DSH payments for the applicable payment period.             Medicaid Services (CMS), if it is determined that
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  submission to CMS for review and approval is required.
46:153 and Title XIX of the Social Security Act.                         Interested persons may submit written comments to Jerry
  HISTORICAL NOTE: Promulgated by the Department of                    Phillips, Bureau of Health Services Financing, P.O. Box
Health and Hospitals, Bureau of Health Service Financing, LR           91030, Baton Rouge, LA 70821-9030. He is responsible for
35:1900 (September 2009), amended LR 36:
                                                                       responding to inquiries regarding this Emergency Rule. A

                                                                  15                Louisiana Register Vol. 36, No. 1 January 20, 2010
copy of this Emergency Rule is available for review by                 outpatient services rendered during the quarter. These
interested parties at parish Medicaid offices.                         payments shall be used to facilitate the development of
                                                                       public-private collaborations to preserve access to medically
                            Alan Levine                                necessary services for Medicaid recipients. Aggregate
                            Secretary                                  payments to qualifying hospitals shall not exceed the
1001#020                                                               maximum allowable cap for the state fiscal year.
                                                                            1. Qualifying Criteria. In order to qualify for the
           DECLARATION OF EMERGENCY                                    supplemental payment, the non-rural, non-state acute care
           Department of Health and Hospitals                          hospital must:
           Bureau of Health Services Financing                                 a. be designated as a major teaching hospital by the
                                                                       department in state fiscal year 2009;
                Outpatient Hospital Services                                   b. have provided at least 25,000 Medicaid acute
               Non-Rural, Non-State Hospitals                          care paid days for state fiscal year 2008 dates of service;
                 Major Teaching Hospitals                                      c. have provided at least 4,000 Medicaid distinct
                    (LAC 50:V.6533)                                    part psychiatric unit paid days for state fiscal year 2008
                                                                       dates of service; and
   The Department of Health and Hospitals, Bureau of                           d. provided at least 20,000 Medicaid outpatient paid
Health Services Financing adopts LAC 50:V.6533 in the                  visits for state fiscal year 2008 dates of service.
Medical Assistance Program as authorized by R.S. 36:254                     2. Payments shall be distributed quarterly based on
and pursuant to Title XIX of the Social Security Act. This             Medicaid paid claims data from service dates in state fiscal
Emergency Rule is promulgated in accordance with the                   year 2008.
provisions of the Administrative Procedure Act, R.S.                        3. Payments are applicable to Medicaid service dates
49:953(B)(1) et seq., and shall be in effect for the maximum           provided during each quarter and shall be discontinued for
period allowed under the Act or until adoption of the final            the remainder of the state fiscal year in the event that the
Rule, whichever occurs first.                                          maximum payment cap is reached or by June 30, 2011,
   The Department of Health and Hospitals, Office of the               whichever occurs first.
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
Secretary, Bureau of Health Services Financing adopted                 36:254 and Title XIX of the Social Security Act.
provisions governing the reimbursement methodology for                   HISTORICAL NOTE: Promulgated by the Department of
outpatient hospital services rendered by acute care hospitals          Health and Hospitals, Bureau of Health Services Financing, LR 36:
(Louisiana Register, Volume 22, Number 1). The                            Implementation of the provisions of this Rule may be
Department of Health and Hospitals, Bureau of Health                   contingent upon the approval of the U.S. Department of
Services Financing promulgated an Emergency Rule to                    Health and Human Services, Centers for Medicare and
amend the provisions governing the reimbursement                       Medicaid Services (CMS) if it is determined that submission
methodology for outpatient hospital services to provide a              to CMS for review and approval is required.
supplemental Medicaid payment to non-rural, non-state                     Interested persons may submit written comments to Jerry
acute care hospitals designated as major teaching hospitals            Phillips, Bureau of Health Services Financing, P.O. Box
to facilitate the development of public-private collaborations         91030, Baton Rouge, LA 70821-9030. He is responsible for
in order to preserve access to medically necessary services            responding to all inquiries regarding this Emergency Rule. A
for Medicaid recipients (Louisiana Register, Volume 35,                copy of this Emergency Rule is available for review by
Number 10). This Emergency Rule is being promulgated to                interested parties at parish Medicaid offices.
continue the provisions of the October 1, 2009 Emergency
Rule.                                                                                              Alan Levine
   This action is being taken to promote the health and                                            Secretary
welfare of Medicaid recipients by encouraging provider                 1001#028
participation in the Medicaid Program so as to assure
sufficient access to hospital services.                                           DECLARATION OF EMERGENCY
   Effective for dates of service on or after January 30, 2010,
                                                                                   Department of Health and Hospitals
the Department of Health and Hospitals, Bureau of Health
                                                                                   Bureau of Health Services Financing
Services Financing amends the provisions governing the
reimbursement methodology for outpatient hospital services
                                                                                  Pharmacy Benefits Management Program
rendered by non-rural, non-state hospitals designated as
                                                                                           Methods of Payment
major teaching hospitals.
                                                                                   (LAC 50:XXIX.915-925, 949 and 963)
                            Title 50
      PUBLIC HEALTH─MEDICAL ASSISTANCE
                   Part V. Hospital Services                             The Department of Health and Hospitals, Bureau of
               Subpart 5. Outpatient Hospitals                         Health Services Financing proposes to amend LAC
Chapter 65. Teaching Hospitals                                         50:XXIX.915-925, 949 and 963 in the Medical Assistance
Subchapter B. Reimbursement Methodology                                Program as authorized by R.S. 36:254 and pursuant to Title
                                                                       XIX of the Social Security Act. This Emergency Rule is
§6533. Major Teaching Hospitals
                                                                       promulgated in accordance with the provisions of the
   A. Effective for dates of service on or after October 1,
                                                                       Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and
2009, a quarterly supplemental payment shall be issued to
                                                                       shall be in effect for the maximum period allowed under the
qualifying non-rural, non-state acute care hospitals for
Louisiana Register Vol. 36, No. 1 January 20, 2010                16
Act or until adoption of the final Rule, whichever occurs                 HISTORICAL NOTE: Promulgated by the Department of
first.                                                                 Health and Hospitals, Office of the Secretary, Bureau of Health
   The Department of Health and Hospitals, Office of the               Services Financing, LR 32:1062 (June 2006), repealed LR 34:87
Secretary, Bureau of Health Services Financing                         (January 2008), repromulgated LR 36:
repromulgated all of the Rules governing the Pharmacy                  §919. Parameters and Limitations
Benefits Management Program in a codified format in Title                Repealed.
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
50 of the Louisiana Administrative Code (Louisiana
                                                                       46:153 and Title XIX of the Social Security Act.
Register, Volume 32, Number 6). The department later                      HISTORICAL NOTE: Promulgated by the Department of
promulgated a Rule (Louisiana Register, Volume 34,                     Health and Hospitals, Office of the Secretary, Bureau of Health
Number 1) amending the provisions of the June 20, 2006                 Services Financing, LR 32:1063 (June 2006), repealed LR 34:87
Rule governing methods of payments in order to comply                  (January 2008), repromulgated LR 36:
with the directives of Act 801 of the 2006 Regular Session of          §921. Interim Adjustment to Overhead Cost
the Louisiana Legislature, which directed the department to              Repealed.
submit a Medicaid State Plan amendment to the Centers for                 AUTHORITY NOTE: Promulgated in accordance with R.S.
Medicare and Medicaid Services (CMS) to increase the                   36:254 and Title XIX of the Social Security Act.
Medicaid dispensing fee on prescription drugs, contingent                 HISTORICAL NOTE: Promulgated by the Department of
upon CMS’ approval of the proposed amendment. CMS                      Health and Hospitals, Office of the Secretary, Bureau of Health
subsequently disapproved the proposed amendment to the                 Services Financing, LR 32:1063 (June 2006), repealed LR 34:87
                                                                       (January 2008), repromulgated LR 36:
Medicaid State Plan that had been submitted in compliance
                                                                       §923. Cost Survey
with Act 801. An Emergency Rule was later promulgated to
                                                                         Repealed.
repeal the January 20, 2008 Rule and restore the repealed
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
provisions of the June 20, 2006 Rule in the Administrative             36:254 and Title XIX of the Social Security Act.
Code (Louisiana Register, Volume 36, Number 1).                           HISTORICAL NOTE: Promulgated by the Department of
   Act 10 of the 2009 Regular Session of the Louisiana                 Health and Hospitals, Office of the Secretary, Bureau of Health
Legislature provided that the department may redefine the              Services Financing, LR 32:1063 (June 2006), repealed LR 34:87
reimbursement methodology for multiple source drugs in                 (January 2008), repromulgated LR 36:
establishing the state maximum allowable cost (MAC) in                 §925. Dispensing Fee
order to control expenditures to the level of appropriations              A. The dispensing fee for drugs with a state maximum
for the Medicaid Program. In accordance with the provisions            allowable cost will be up to $9.29 per prescription. This
of Act 10, the department now proposes to amend the                    includes the provider fee assessed for each prescription filled
provisions governing the reimbursement methodology for                 in the state or shipped into the state, as mandated by R.S.
prescription drugs to redefine the Louisiana maximum                   46:2625.
allowable cost (LMAC). In addition, the department                          1. - 2. Repealed.
proposes to increase the dispensing fee for drugs with an                 B. The dispensing fee for other drugs not subject to a
LMAC.                                                                  state maximum allowable cost will be up to $5.77 per
   This action is being taken to control expenditures in the           prescription. This includes the provider fee assessed for each
Medical Assistance Program and to avoid a budget deficit. It           prescription filled in the state or shipped into the state.
is estimated that implementation of this Emergency Rule                   C. The dispensing fee for drugs obtained through the
will decrease expenditures in the Pharmacy Benefits                    Public Health Service 340B Program will be up to $9.29 per
Management Program by $16,577,771 for fiscal year 2009-                prescription. This includes the provider fee assessed for each
2010.                                                                  prescription filled in the state or shipped into the state.
   Effective for dates of service on or after January 1, 2010,            AUTHORITY NOTE: Promulgated in accordance with R.S.
the Department of Health and Hospitals, Bureau of Health               36:254 and Title XIX of the Social Security Act.
Services Financing amends the provisions governing the                    HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Office of the Secretary, Bureau of Health
methods of payment for prescriptions covered under the
                                                                       Services Financing, LR 32:1064 (June 2006), amended LR 34:88
Pharmacy Benefits Management Program.                                  (January 2008), amended by the Department of Health and
                            Title 50                                   Hospitals, Bureau of Health Services Financing, LR 36:
       PUBLIC HEALTH—MEDICAL ASSISTANCE                                Subchapter D. Maximum Allowable Costs
                   Part XXIX. Pharmacy                                 §949. Cost Limits
Chapter 9.       Methods of Payment                                      A. - B. …
§915. Cost Determination                                                    1. Louisiana Maximum Allowable Cost (LMAC) is
   Repealed.                                                           the average actual acquisition cost of a drug, defined as the
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 pharmacist’s payment made to purchase a drug product,
36:254 and Title XIX of the Social Security Act.
                                                                       adjusted by a multiplier of 1.69.
   HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Office of the Secretary, Bureau of Health             2. LMAC reimbursement will apply to certain
Services Financing, LR 32:1062 (June 2006), repealed LR 34:87          multiple source drug products that meet therapeutic
(January 2008), repromulgated LR 36:                                   equivalency, market availability, and other criteria deemed
§917. Maximum Allowable Overhead Cost Calculation                      appropriate by the Louisiana Medicaid Agency. Drugs are
  Repealed.                                                            subject to LMAC if there are at least two non-innovator
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  multiple source alternative products available that are
36:254 and Title XIX of the Social Security Act.                       classified by the FDA as Category "A" in the Approved Drug
                                                                       Products with Therapeutic Equivalence Evaluations.
                                                                  17                 Louisiana Register Vol. 36, No. 1 January 20, 2010
     3. LMAC rates are based on the average actual                        Interested persons may submit written comments to Jerry
acquisition cost per drug, adjusted by a multiplier of 1.69,           Phillips, Bureau of Health Services Financing, P.O. Box
which assures that each rate is sufficient to allow reasonable         91030, Baton Rouge, LA 70821-9030. He is responsible for
access by providers to the drug at or below the established            responding to all inquiries regarding this Emergency Rule. A
LMAC rate. The LMAC rate will apply to all versions of a               copy of this Emergency Rule is available for review by
drug that share the same active ingredient combination,                interested parties at parish Medicaid offices.
strength, dosage form, and route of administration.
     4. Average actual acquisition cost will be determined                                        Alan Levine
through a semi-annual collection and review of pharmacy                                           Secretary
invoices and other information deemed necessary by the                 1001#021
Louisiana Medicaid Agency and in accordance with
applicable State and Federal law.                                                 DECLARATION OF EMERGENCY
     5. In addition to the semi-annual review, the Louisiana                       Department of Health and Hospitals
Medicaid Agency will evaluate on an ongoing basis                                  Bureau of Health Services Financing
throughout the year and adjust the rates as necessary to
reflect prevailing market conditions and to assure that                           Pharmacy Benefits Management Program
pharmacies have reasonable access to drugs at or below the                           Restoration of the Dispensing Fee
applicable LMAC rate. Providers shall be given advance                                  (LAC 50:XXIX.Chapter 9)
notice of any additions, deletions, or adjustments in price. A
complete LMAC rate listing will be available to providers                 The Department of Health and Hospitals, Bureau of
and updated periodically.                                              Health Services Financing proposes to amend LAC
     6. In no case shall a recipient be required to provide            50:XXIX.Chapter 9 in the Medical Assistance Program as
payment for any difference in a prescription price that may            authorized by R.S. 36:254 and pursuant to Title XIX of the
occur with implementation of the LMAC limit, nor may                   Social Security Act. This Emergency Rule is promulgated in
BHSF use a cost which exceeds the established maximums                 accordance with the provisions of the Administrative
except for physician certification for brand name drugs.               Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in
   C. - E.2. …                                                         effect for the maximum period allowed under the Act or until
   AUTHORITY NOTE: Promulgated in accordance with R.S.
36:254 and Title XIX of the Social Security Act.
                                                                       adoption of the final Rule, whichever occurs first.
   HISTORICAL NOTE: Promulgated by the Department of                      The Department of Health and Hospitals, Office of the
Health and Hospitals, Office of the Secretary, Bureau of Health        Secretary, Bureau of Health Services Financing
Services Financing, LR 32:1065 (June 2006), amended LR 34:88           repromulgated all of the Rules governing the Pharmacy
(January 2008), amended by the Department of Health and                Benefits Management Program in a codified format in Title
Hospitals, Bureau of Health Services Financing, LR 36:                 50 of the Louisiana Administrative Code (Louisiana
Subchapter E. 340B Program                                             Register, Volume 32, Number 6). Act 801 of the 2006
§963. Reimbursement                                                    Regular Session of the Louisiana Legislature directed the
   A. - B. …                                                           department to submit a Medicaid State Plan amendment to
   C. Dispensing Fees. The covered entity shall be paid a              the Centers for Medicare and Medicaid Services (CMS) to
dispensing fee for each prescription dispensed to a Medicaid           increase the Medicaid dispensing fee on prescription drugs,
patient, unless the covered entity has implemented the carve-          contingent upon CMS’ approval of the proposed amendment.
out option, in which case the covered entity shall be paid the         In order to comply with the directives of Act 801, the
state’s existing maximum allowable overhead cost. With                 department promulgated a Rule amending the provisions of
respect to contract pharmacy arrangements in which the                 the June 20, 2006 rule governing methods of payments to
contract pharmacy also serves as the covered entity’s billing          increase the dispensing fee on prescription drugs (Louisiana
agent, the contract pharmacy shall be paid the dispensing fee          Register, Volume 34, Number 1). CMS subsequently
on behalf of the covered entity, unless the covered entity             disapproved the proposed amendment to the Medicaid State
elects the Medicaid carve-out, in which case the contract              Plan that had been submitted in compliance with Act 801.
pharmacy shall be paid the state’s existing maximum                    The department now proposes to repeal the January 20, 2008
allowable overhead cost.                                               Rule and restore the repealed provisions of the June 20, 2006
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 Rule in the Administrative Code.
36:254 and Title XIX of the Social Security Act.                          This action is being taken to assure that the administrative
   HISTORICAL NOTE: Promulgated by the Department of                   rules governing the Pharmacy Benefits Management
Health and Hospitals, Office of the Secretary, Bureau of Health
                                                                       Program are in compliance with the Medicaid State Plan. It
Services Financing, LR 32:1066 (June 2006), amended LR 34:88
(January 2008), amended by the Department of Health and                is anticipated that the implementation of this Emergency
Hospitals, Bureau of Health Services Financing, LR 36:                 Rule will not have a fiscal impact.
   Implementation of the provisions of this Rule may be                   Effective December 21, 2009, the Department of Health
contingent upon the approval of the U.S. Department of                 and Hospitals, Bureau of Health Services Financing repeals
Health and Human Services, Centers for Medicare and                    the January 20, 2008 Rule and reinstates the repealed
Medicaid Services (CMS) if it is determined that submission            provisions of the June 20, 2006 Rule governing the methods
to CMS for review and approval is required.                            of payment for the Pharmacy Benefits Management
                                                                       Program.



Louisiana Register Vol. 36, No. 1 January 20, 2010                18
                       Title 50                                        line of Table 12) as published by the United States
    PUBLIC HEALTH—MEDICAL ASSISTANCE                                   Department of Labor.
                Part XXIX. Pharmacy                                            c. Wage. The average annual wage for production
Chapter 9.    Methods of Payment                                       or nonsupervisory service workers as furnished by the Dallas
Subchapter A. General Provisions                                       Regional Office of the Bureau of Labor Statistics of the U.S.
§901. Definitions                                                      Department of Labor. This figure will be obtained by
                        ***                                            telephone in May and will be utilized to calculate the
  Dispensing Fee─Repealed.                                             adjustment factor based upon the change which has occurred
                        ***                                            since December of the preceding year.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                         d. ROI. Interest Rates―Money and Capital
36:254 and Title XIX of the Social Security Act.                       Markets. The average percent per year for one year U.S.
   HISTORICAL NOTE: Promulgated by the Department of                   Treasury bills taken from the Federal Reserve Bulletin report
Health and Hospitals, Office of the Secretary, Bureau of Health        on Money Market Rates (line 17) for the preceding calendar
Services Financing, LR 32:1061 (June 2006), amended LR 34:87
                                                                       year.
(January 2008), amended by the Department of Health and
Hospitals, Bureau of Health Services Financing, LR 36:                      Maximum Allowable Overhead Cost―overhead cost is
Subchapter B. Maximum Allowable Overhead Cost                          determined through use of cost survey results adjusted by
§915. Cost Determination                                               various indices to assure recognition of costs which must be
   A. Definitions                                                      incurred by efficiently and economically operated providers.
     Adjustment Factors―                                               The cost determined is referred to as a maximum allowable
        a. CPI―all item factor;                                        to reflect application of the "lesser of" methodology for
        b. CPI―medical care factor;                                    determining total reimbursement.
        c. Wage Factor. Each of the above adjustment                        Overhead Year―the one-year period from July 1 - June
factors is computed by dividing the value of the                       30 of the next calendar year during which a particular rate is
corresponding index for December of the year preceding the             in effect. It corresponds to a state fiscal year.
overhead year and by the value of the index one year earlier              B. Determination of Limits. Limits on overhead cost are
(December of the second preceding year).                               established through the overhead cost survey process which
        d. ROI. One year treasury bill rate applied to a               classifies cost in accordance with generally accepted
portion of prescription drug cost (17 percent) in recognition          accounting principles and Medicare principles regarding the
of inventories maintained for the purpose of filling                   allowability of cost.
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
prescriptions.
                                                                       36:254 and Title XIX of the Social Security Act.
     Base Rate―the rate calculated in accordance with                     HISTORICAL NOTE: Promulgated by the Department of
§917.A.2, plus any base rate adjustments which are in effect           Health and Hospitals, Office of the Secretary, Bureau of Health
at the time of calculation of new rates or adjustments. The            Services Financing, LR 32:1062 (June 2006), repealed LR 34:87
base rate was initially calculated using the 1990/91 fee               (January 2008), promulgated by the Department of Health and
survey findings of average cost for pharmacies                         Hospitals, Bureau of Health Services Financing, LR 36:
representative of the average pharmacy participating in                §917. Maximum Allowable Overhead Cost Calculation
Medicaid reimbursement (15,000 - 50,000 Rx volume). This                  A. The most recent cost survey results will be utilized to
rate was then inflated forward to December 1990 to establish           establish base cost for professional salaries; other salaries;
the first overhead cost maximum.                                       other routine costs; and fixed cost. Claims processing data
     Base Rate Components―the base rate is the summation               for claims paid in the current overhead period will be
of the components shown below. Each component is                       utilized to determine average drug cost. Seventeen percent of
intended to set the maximum allowable for the costs                    this cost will be utilized as base prescription inventory. The
indicated by its name.                                                 base prescription inventory amount shall not be added to the
                                                                       overhead cost maximum allowable. Base prescription
      Base Rate Component              Adjustment Factor               inventory is recognized as an allowable investment subject
Pharmacist Salaries             CPI-Medical Care                       to a return on investment only. Calculation of maximum
Other Salaries                  WAGE                                   allowable overhead cost per prescription shall be performed
Other Routine Services          CPI-All Items                          as follows:
Inventory Cost                  ROI(1)
Fixed Cost                      None(2)
                                                                            1. NORC = ORC x CPIF:
Return on Equity                None(3)                                        a. NORC is the new other routine cost component;
                                 (1)No return on equity allowed                b. ORC is the current (base) routine cost
                                 (2)No Inflation allowed               component;
                                 (3)Adjusted by ROE Factor                     c. CPIAI is the CPI - All items Economic
                                 (4)Indices
                                                                       Adjustment Factor.
                                                                            2. NPS = PS x CPIMC:
       a. CPI―All Items. The Consumer Price Index for                          a. NPS is the new pharmacist salaries cost
all Urban Consumers - Southern Region (All items line of               component;
   Table 12) as published by the United States Department of                   b. PS is the current (base) pharmacist salaries cost
Labor.                                                                 component;
       b. CPI―Medical Care. The Consumer Price Index                           c. CPIMC is the CPI - Medical Care Economic
for all Urban Consumers - Southern Region (Medical Care                Adjustment Factor.

                                                                  19                 Louisiana Register Vol. 36, No. 1 January 20, 2010
    3.   NOS = OS x W:                                                 the index, i.e., after the December preceding the limit
         a.NOS is the new other salaries cost component;               calculation. Temporary adjustments are effective only until
         b.OS is the current (base) salaries cost component;           the next overhead cost limit calculation which uses
         c.W is the Wage Economic Adjustment Factor.                   economic adjustment factors based on index values
     4. NROI = ROI x IR:                                               computed after the change causing the adjustment.
       a. NROI is the new return on investment                            AUTHORITY NOTE: Promulgated in accordance with R.S.
component;                                                             36:254 and Title XIX of the Social Security Act.
       b. ROI is 17 percent of the current average drug                   HISTORICAL NOTE: Promulgated by the Department of
cost;                                                                  Health and Hospitals, Office of the Secretary, Bureau of Health
                                                                       Services Financing, LR 32:1063 (June 2006), repealed LR 34:88
       c. IR is the Interest Rate - Money and Capital                  (January 2008), promulgated by the Department of Health and
Markets                                                                Hospitals, Bureau of Health Services Financing, LR 36:
     5. Rate = (NORC + NPS + NOS + FCC) x ROEF +                       §923. Cost Survey
NROI where:                                                               A. Every three years a cost survey shall be conducted
       a. NORC, NPS, NOS, and NROI are computed by                     which includes cost data for all enrolled pharmacy providers.
formulae in Paragraphs 1-4 above;                                      Participation shall be mandatory for continued enrollment as
       b. FCC is the fixed cost component which does not               a pharmacy provider. Cost data from providers who have
include prescription drug inventory;                                   less than 12 months of operating data shall not be utilized in
       c. ROEF is the return on equity factor of 1.05                  determining average overhead cost or grouping providers by
applied to all cost components except return on investment             prescription volume. Pre-desk reviews shall be performed on
which is calculated separately.                                        all cost surveys to determine an average provider profile
  B. After formal adoption of the new maximum allowable                based upon total prescription volume. Through statistical
overhead cost, the components computed above will become               analysis, minimum and maximum volume ranges shall be
the base components used in calculating the next year's                established which represent the majority of providers
overhead maximum allowable, unless they are adjusted as                participating in Medicaid reimbursement. Cost surveys of
provided in §911 below.                                                providers whose prescription volumes are above or below
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       the volume range established, shall not be utilized in
36:254 and Title XIX of the Social Security Act.
   HISTORICAL NOTE: Promulgated by the Department of                   calculating average overhead cost. Information submitted by
Health and Hospitals, Office of the Secretary, Bureau of Health        participants shall be desk reviewed for accuracy and
Services Financing, LR 32:1062 (June 2006), repealed LR 34:87          completeness. Field examination of a representative sample
(January 2008), promulgated by the Department of Health and            of participants shall be primarily random, but geographic
Hospitals, Bureau of Health Services Financing, LR 36:                 location and type of operation shall be taken into
§919. Parameters and Limitations                                       consideration in order to ensure examination of pharmacies
   A. Method of Calculation. All calculations described                in various areas of the state and representative of various
herein shall be carried out algebraically.                             types of operations.
   B. Rounding in all calculations the base maximum                       B. Cost Finding Procedures. The basic analytical
allowable and the base components will be rounded to the               rationale used for cost finding procedures shall be that of full
nearest one cent (two decimal places) and the Economic                 costing. Under full costing, all costs associated with a
Adjustment Factors will be rounded to four decimal places.             particular operation are summed to find the total cost. The
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 objective of cost finding shall be to estimate the cost of
36:254 and Title XIX of the Social Security Act.                       dispensing prescriptions through generally accepted
   HISTORICAL NOTE: Promulgated by the Department of                   accounting principles.
Health and Hospitals, Office of the Secretary, Bureau of Health           C. Inflation Adjustment. Where data collected from
Services Financing, LR 32:1063 (June 2006), repealed LR 34:87
(January 2008), promulgated by the Department of Health and
                                                                       participating pharmacies represents varying periods of time,
Hospitals, Bureau of Health Services Financing, LR 36:                 cost and price data may be adjusted for the inflation that
§921. Interim Adjustment to Overhead Cost                              occurred over the relevant period. The appropriate Consumer
   A. If an unanticipated change in conditions occurs which            Price Index Indicator (Table 12, Southern Region, Urban
affects the overhead costs of at least 50 percent of the               Consumer) and wage indicator produced by the U.S.
enrolled providers by an average of five percent or more, the          Department of Labor Statistics shall be utilized.
maximum allowable overhead cost may be adjusted.                          D. In addition to cost finding procedures, a usual and
Medicaid of Louisiana will determine whether or not the                customary survey shall be included in the survey instrument.
maximum allowable overhead cost limit should be changed                This instrument shall be used to determine the following:
when requested to do so by 10 percent of the enrolled                       1. an average usual and customary charge, or gross
pharmacies. The burden of proof as to the extent and cost              margin for each pharmacy;
effect of the unanticipated charge will rest with the entities              2. the computation of the net margin per prescription
requesting the change. Medicaid of Louisiana, however, may             (gross margin less computed dispensing cost per
initiate an adjustment without a request to do so.                     prescription) in order to approximate the average profit per
     1. Temporary Adjustments. Temporary adjustments do                prescription;
not affect the base cost used to calculate a new maximum                    3. computation of the average percentage of markup
allowable overhead cost limit. Temporary adjustments may               per prescription; and
be made in the rate when changes which will eventually be                   4. the computation of average usual and customary
reflected in the economic indices, such as a change in the             charges shall include adjustments to allow comparability
minimum wage, occur after the end of the period covered by
Louisiana Register Vol. 36, No. 1 January 20, 2010                20
with upper limits for prescription reimbursement utilized by              HISTORICAL NOTE: Promulgated by the Department of
Medicaid of Louisiana.                                                 Health and Hospitals, Office of the Secretary, Bureau of Health
   E. Statistical Analysis. Statistical analysis shall be              Services Financing, LR 32:1064 (June 2006), amended LR 34:88
undertaken to estimate the cost to pharmacies of dispensing            (January 2008), amended by the Department of Health and
                                                                       Hospitals, Bureau of Health Services Financing, LR 36:
prescriptions. Such analysis shall include, but not be limited
                                                                       Subchapter C. Average Wholesale Price
to:
                                                                       §935. Estimated Acquisition Cost Formula
     1. an average dispensing cost for pharmacies;
                                                                         A. - B.1.c. ...
     2. analysis of the correlations among overhead costs
                                                                           2. Louisiana's maximum allowable cost limitation plus
and parameters deemed relevant to pharmacy costs;
                                                                       the maximum allowable overhead cost;
     3. the statistical relationship between independent
                                                                           3. federal upper limits plus the maximum allowable
variables and dispensing cost shall be analyzed using the
                                                                       overhead cost; or
techniques of simple linear and stepwise multiple regression.
                                                                           4. - c. ...
Independent variables may include annual volume of
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
prescriptions filled, pharmacy location, type of ownership,            36:254 and Title XIX of the Social Security Act.
and number of Medicaid claims paid:                                       HISTORICAL NOTE: Promulgated by the Department of
       a. before regression analysis is performed, efforts             Health and Hospitals, Office of the Secretary, Bureau of Health
shall be made to insure that the data collected during the             Services Financing, LR 32:1064 (June 2006), amended LR 34:88
surveys was accurate and representative, and that errors               (January 2008), amended by the Department of Health and
made during data entry are corrected. Efforts should include           Hospitals, Bureau of Health Services Financing, LR 36:
tabulations, cross tabulations, data plotting, and visual data         Subchapter D. Maximum Allowable Costs
inspection.                                                            §945. Reimbursement Methodology
   F. Survey Results                                                     A. ...
     1. Medicaid of Louisiana shall consider survey results                 1. The maximum payment by the agency for a
in determining whether the maximum allowable overhead                  prescription shall be no more than the cost of the drug
cost should be rebased. Where the overhead cost survey                 established by the state plus the established dispensing fee.
findings demonstrate the current maximum allowable is                       2. Each pharmacy's records shall establish that
below average cost or above the eightieth percentile of cost,          theestablished dispensing fee paid by the Medical Assistance
rebasing shall be required.                                            Program for prescription does not exceed the dispensing fee
     2. Medicaid of Louisiana may review the survey data               paid by others. This also applies to the payment for insulin
and establish a new cost base utilizing the cost survey                and diabetic testing agency and indwelling catheters and
findings and any other pertinent factors, including, but not           catheterization trays for which the dispensing fee may not
limited to:                                                            exceed 50 percent of the wholesale price.
       a. inflation adjustment;                                             3. Repealed.
       b. application of return on equity;                               B. - F. ...
       c. recognition of inventory investment.                            AUTHORITY NOTE: Promulgated in accordance with R.S.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 36:254 and Title XIX of the Social Security Act.
36:254 and Title XIX of the Social Security Act.                          HISTORICAL NOTE: Promulgated by the Department of
   HISTORICAL NOTE: Promulgated by the Department of                   Health and Hospitals, Office of the Secretary, Bureau of Health
Health and Hospitals, Office of the Secretary, Bureau of Health        Services Financing, LR 32:1064 (June 2006), amended LR 34:88
Services Financing, LR 32:1063 (June 2006), repealed LR 34:88          (January 2008), amended by the Department of Health and
(January 2008), promulgated by the Department of Health and            Hospitals, Bureau of Health Services Financing, LR 36:
Hospitals, Bureau of Health Services Financing, LR 36:                 §949. Cost Limits
§925. Dispensing Fee                                                      A. - A.1.a. ...
   A. Maximum Allowable Overhead Cost                                          b. At least three suppliers list the drug (which has
     1. The maximum allowable overhead cost will remain                been classified by the FDA as category "A" in the
at the level established for state fiscal year 1994-95. This           aforementioned publication based on listings contained in
maximum allowable overhead cost will remain in effect until            current editions (or updates) of published compendia of cost
the dispensing survey is completed and an alternate                    information for drugs available for sale nationally.
methodology is determined.                                                  2. ...
     2. No inflation indices or any interim adjustments will                3. The Medical Assistance Program shall provide
be applied to the maximum allowable overhead costs.                    pharmacists who participate in Title XIX reimbursement
   B. Provider participation in the Louisiana Dispensing               with updated lists reflecting:
Fee Survey shall be mandatory. Failure to cooperate in the                A.3.a. - B.1. ...
Louisiana Dispensing Fee Survey by a provider shall result                  2. The agency shall make determinations of which
in removal from participation as a provider of pharmacy                multiple source drugs are to be subject to LMAC regulation
services under Title XIX. Any provider removed from                    based on the availability of drugs in the Louisiana Medical
participation shall not be allowed to re-enroll until a                Assistance Program. The availability of a drug product will
dispensing fee survey document is properly completed and               be determined by review of provider claim data. Providers
submitted to the bureau.                                               shall be given advanced notice of any additions, deletions, or
   C. Repealed.                                                        adjustments in price. Any provider may request and receive
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  at no charge, one complete listing annually.
36:254 and Title XIX of the Social Security Act.                          B.3. - D. ...

                                                                  21                 Louisiana Register Vol. 36, No. 1 January 20, 2010
     1. Limits on payments for multiple source drugs shall             seq., and shall be in effect for the maximum period allowed
not be applicable when the prescriber certifies in his own             under the Act or until adoption of the final Rule, whichever
handwriting that a specified brand name drug is medically              occurs first.
necessary for the care and treatment of a recipient. Such                 The U.S. Department of Health and Human Services
certification may be written directly on the prescription or on        (DHHS) renewed the declaration of a public health
a separate sheet which is attached to the prescription. A              emergency involving novel influenza A (2009 H1N1) on
standard phrase in the prescriber's handwriting, such as               July 24, 2009. The Centers for Medicare and Medicaid
"brand necessary" will be acceptable.                                  Services (CMS) subsequently provided guidance and
   D.2. - E.2. ...                                                     technical assistance regarding coverage of vaccine
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 administration and the provision of vaccinations at non-
36:254 and Title XIX of the Social Security Act.                       traditional care sites. In response to the renewed declaration
   HISTORICAL NOTE: Promulgated by the Department of                   and CMS guidance, the Louisiana State Health Officer
Health and Hospitals, Office of the Secretary, Bureau of Health        issued an Emergency Order and Protocol to allow eligible
Services Financing, LR 32:1065 (June 2006), amended LR 34:88
(January 2008), amended by the Department of Health and
                                                                       pharmacists to administer influenza vaccinations. The
Hospitals, Bureau of Health Services Financing, LR 36:                 Department of Health and Hospitals, Bureau of Health
Subchapter E. 340B Program                                             Services Financing promulgated an Emergency Rule to
§963. Reimbursement                                                    amend the provisions governing the Pharmacy Program to
  A. - B. ...                                                          incorporate provisions to allow payment for the
  C. Dispensing Fees. The covered entity shall be paid a               administration of H1N1 vaccine by qualified Medicaid
dispensing fee of $8.10 for each prescription dispensed to a           enrolled pharmacists (Louisiana Register, Volume 35,
Medicaid patient, unless the covered entity has implemented            Number 10). This Emergency Rule is being promulgated to
the carve-out option, in which case the covered entity shall           continue the provisions of the October 10, 2009 Emergency
be paid the state's existing maximum allowable overhead                Rule.
cost. With respect to contract pharmacy arrangements in                   This action is being taken to promote the health and
which the contract pharmacy also serves as the covered                 welfare of Medicaid recipients by facilitating access to the
entity's billing agent, the contract pharmacy shall be paid the        H1N1 vaccine.
$8.10 dispensing fee on behalf of the covered entity, unless              Effective February 8, 2010, the Department of Health and
the covered entity elects the Medicaid carve-out, in which             Hospitals, Bureau of Health Services Financing amends the
case the contract pharmacy shall be paid the state's existing          provisions governing the Pharmacy Program to allow
maximum allowable overhead cost.                                       payment to pharmacies for administration of the H1N1
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 vaccine by qualified pharmacists.
36:254 and Title XIX of the Social Security Act.                                                    Title 50
   HISTORICAL NOTE: Promulgated by the Department of                        PUBLIC HEALTH—MEDICAL ASSISTANCE
Health and Hospitals, Office of the Secretary, Bureau of Health                            Part XXIX. Pharmacy
Services Financing, LR 32:1066 (June 2006), amended LR 34:88           Chapter 1.       General Provisions
(January 2008), amended by the Department of Health and                §123. Medication Administration
Hospitals, Bureau of Health Services Financing, LR 36:                    A. H1N1 Vaccine Administration. The department shall
   Interested persons may submit written comments to Jerry             provide coverage for administration of the H1N1 vaccine by
Phillips, Bureau of Health Services Financing, P.O. Box                a qualified pharmacist when:
91030, Baton Rouge, LA 70821-9030. He is responsible for                    1. the pharmacist has been credentialed by the
responding to all inquiries regarding this Emergency Rule. A           Louisiana Board of Pharmacy to administer medications;
copy of this Emergency Rule is available for review by                 and
interested parties at parish Medicaid offices.                              2. the pharmacist is Medicaid enrolled.
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                            Alan Levine                                36:254 and Title XIX of the Social Security Act.
                            Secretary                                    HISTORICAL NOTE: Promulgated by the Department of
1001#022                                                               Health and Hospitals, Bureau of Health Services Financing, LR 36:
                                                                       Chapter 9.      Methods of Payment
           DECLARATION OF EMERGENCY                                    Subchapter H. Medication Administration Payments
           Department of Health and Hospitals                          §991. Vaccine Administration Fees
           Bureau of Health Services Financing                           A. Effective for dates of service on and after October 10,
                                                                       2009, the reimbursement to pharmacies for immunization
      Pharmacy Program―Medication Administration                       administration (intramuscular or intranasal) performed by
                  H1N1 Immunizations                                   qualified pharmacists, is a maximum of $15.22. This fee
              (LAC 50:XXIX.123 and 991)                                includes counseling, when performed.
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       36:254 and Title XIX of the Social Security Act.
  The Department of Health and Hospitals, Bureau of                      HISTORICAL NOTE: Promulgated by the Department of
Health Services Financing adopts LAC 50:XXIX.123 and                   Health and Hospitals, Bureau of Health Services Financing, LR 36:
§991 in the Medical Assistance Program as authorized by                  Interested persons may submit written comments to Jerry
R.S. 36:254 and pursuant to Title XIX of the Social Security           Phillips, Bureau of Health Services Financing, P.O. Box
Act. This Emergency Rule is promulgated in accordance                  91030, Baton Rouge, LA 70821-9030. He is responsible for
with the Administrative Procedure Act, R.S. 49:953(B)(1) et            responding to inquiries regarding this Emergency Rule. A
Louisiana Register Vol. 36, No. 1 January 20, 2010                22
copy of this Emergency Rule is available for review by                concerned with the imminent peril to the public health,
interested parties at parish Medicaid offices.                        safety and welfare of the department and the general public
                                                                      and desires to adopt the Louisiana Sex Offender Assessment
                           Alan Levine                                Panels process as an emergency rule. The panels must
                           Secretary                                  immediately continue reviewing information on released
1001#029                                                              offenders, as well as sex offenders and child predators who
                                                                      are pending release and the department desires to proceed at
            DECLARATION OF EMERGENCY                                  once.
      Department of Public Safety and Corrections                        For the foregoing reasons, the Department of Public
                Corrections Services                                  Safety and Corrections, Corrections Services, has
                                                                      determined that the adoption of an emergency rule for
           Louisiana Sex Offender Assessment Panels                   implementation of the Louisiana Sex Offender Assessment
                        (LAC 22:I.109)                                Panels is necessary and hereby provides notice of its
                                                                      declaration of emergency effective on January 10, 2010, in
   In accordance with the provisions R.S. 49:953, the                 accordance with R.S. 49:953. This Emergency Rule shall be
Department of Public Safety and Corrections, Corrections              in effect for 120 days or until adoption of the final Rule,
Services, hereby determines that adoption of an Emergency             whichever occurs first.
Rule for the Louisiana Sex Offender Assessment Panels                                              Title 22
mandated by Act No. 205 of the 2009 Regular Session is                  CORRECTIONS, CRIMINAL JUSTICE AND LAW
necessary and that for the following reasons failure to adopt                               ENFORCEMENT
the rule on an emergency basis will result in imminent peril                                Part I. Corrections
to the public health, safety and welfare.                             Chapter 1.       Secretary's Office
   Act No. 186 of the 2006 Regular Session created the                §109. Louisiana Sex Offender Assessment Panels
Louisiana Sex Offender Assessment Panels within the                      A. Purpose―to facilitate the identification and
Department of Public Safety and Corrections. The Act                  management of those offenders who may be sexually violent
mandated membership and duties for the panels. The panels             predators and/or child sexual predators and to develop
were to evaluate each offender convicted of a sex offense as          written policy and procedures for the sex offender
defined in R.S. 15:541 who were to be released from the               assessment panels consistent with statutory requirements,
custody of the department by any means, to determine if the           public safety and administrative efficiency. The provisions
offender may be a child sexual predator or sexually violent           of this regulation shall apply to all sex offenders and child
predator.                                                             predators in accordance with Act No. 205 of the 2009
   Act No. 126 of the 2007 Regular Session amended R.S.               Regular Session who are released by any means from the
15:560 et seq. and reduced the panel membership from six to           department’s custody on or after August 15, 2006.
three members. A psychologist or a psychiatrist in the                   B. Applicability―deputy secretary, undersecretary, chief
employment or under contract to the Department of Public              of operations, assistant secretary, regional wardens, wardens,
Safety and Corrections was required to be a member.                   director of probation and parole, chairman of the board of
   Act No. 205 of the 2009 Regular Session amended R.S.               pardons, chairman of the board of parole and the sheriff or
15:560 et seq. to provide that the psychologist who is a              administrator of local jail facilities. Each unit head is
member of the panel may be employed by the Department of              responsible for ensuring that appropriate unit written policy
Public Safety and Corrections or the Department of Health             and procedures are in place to comply with the provisions of
and Hospitals. This panel member may also be a physician              this regulation.
employed by the Department of Public Safety and                          C. Policy. It is the secretary’s policy to identify those
Corrections or the Department of Health and Hospitals.                offenders who meet the statutory requirements of a sexually
   In addition to evaluating offenders convicted of a sex             violent predator and/or child sexual predator through the Sex
offense as defined in R.S. 15:541, child predators who are            Offender Assessment Panel review process. The panels shall
required to register pursuant to the provisions of R.S. 15:542        evaluate all sex offenders and child predators in accordance
were added to the list of offenders who must be evaluated by          with the provisions of this regulation prior to their release
a risk review panel.                                                  from incarceration.
   Act No. 205 added a provision that requires the sentencing            D. Definitions
court to make a judicial determination whether the offender                Child Predator―a person who has been convicted of a
is deemed a sexually violent predator or a child sexual               criminal offense against a victim who is a minor as defined
predator based upon a recommendation of a Louisiana Sex               in R.S. 15:541 (25) (see Attachment A.).
Offender Panel. The Act also added sanctions for offenders                 Child Sexual Predator―a judicial determination as
who fail to comply with the requirements of R.S. 15:560 et            provided for in R.S. 15:560 et seq. for an offender who has
seq. and provided an appeal mechanism for those offenders             been convicted of an offense as defined in R.S. 15:541(24)
determined to be a sexually violent predator or a child sexual        and/or (25) (see Attachments A and B) and who is likely to
predator.                                                             engage in additional sex offenses against children because he
   The department has maintained a list of all sex offenders          has a mental abnormality or condition which can be verified,
that were convicted of a sex offense as defined in R.S.               or because he has a history of committing crimes, wrongs, or
15:541 or who were released from the custody of the                   acts involving sexually assaultive behavior or acts which
department by any means, on or after August 15, 2006. This            indicate a lustful disposition toward children.
list contains over 700 sex offenders. The department is
                                                                 23                Louisiana Register Vol. 36, No. 1 January 20, 2010
     Court―the judicial district court where the offender                          i. A probation and parole officer with a minimum
was sentenced.                                                          of 10 years experience or a retired law enforcement officer
     Judicial Determination―a decision by the court that an             with at least five years of experience in investigating sex
offender is or continues to be a child sexual predator or a             offenses may also serve as the third panel member at the
sexually violent predator.                                              discretion of the secretary.
     Mental Abnormality―a congenital or acquired                              2. All official actions of a panel shall require an
condition of a person that affects the emotional or volitional          affirmative vote of a majority of the members of the panel.
capacity of the person in a manner that predisposes that                      3. Each panel shall meet at least once quarterly and
person to the commission of criminal sexual acts to a degree            upon the call of the chairman or upon the request of any two
that makes the person a menace to the health and safety of              members.
others. Nothing in this definition is intended to supersede or                4. Notwithstanding the provisions of R.S. 15:574.12,
apply to the definitions found in R.S. 14:10 or 14 in                   each panel shall review presentence reports, prison records,
reference to criminal intent or insanity.                               medical and psychological records, information and data
     Regional Facility―a state correctional facility located            gathered by the staffs of the Board of Pardons, the Board of
within one of nine regions of the state, as designated by the           Parole, the Division of Probation and Parole, the District
secretary. Each regional facility shall be responsible for              Attorney from the judicial district which prosecuted the case
certain requirements pursuant to the provisions of this                 and information provided by or obtained from the victim(s)
regulation for offenders housed in their state correctional             and the offender (which may include a personal interview),
facility, as well as DPS and C offenders housed in local jails          and any other information obtained by the boards or the
within their respective region.                                         department.
     Sex Offender―a person who has been convicted of a                        5. Panels shall have the duty to evaluate every
criminal offense as defined in R.S. 15:541(24) (See                     offender who has been convicted of a sex offense as defined
Attachment B.)                                                          in R.S. 15:541 (24) (See Attachment B) and child predator as
     Sexually Violent Predator―a judicial determination as              defined in R.S. 15:541 (25) (See Attachment A) and who is
provided for in R.S. 15:560 et seq. for an offender who has             to be released from the custody of the department or a local
been convicted of an offense as defined in R.S. 15:541(24)              jail facility, by any means, to determine if the offender may
and/or (25) (see Attachments A and B) and who has a mental              be a child sexual predator and/or a sexually violent predator
abnormality or anti-social personality disorder that makes              in accordance with the provisions of R.S. 15:560 et seq.
the person likely to engage in predatory sexually violent                  F. Procedures
offenses.                                                                     1. Each panel shall evaluate every sex offender and
   E. Panel Composition and Guidelines                                  child predator as defined by this regulation at least six
     1. A total of three sex offender assessment panels are             months prior to the release date of the offender.
hereby created in the north, central and south regions of the                 2. A panel’s evaluation shall primarily be conducted
state. An executive management officer of the secretary’s               by file review of all relevant information available to the
office shall serve as the administrator for all panels. Three           department, including the information specified in Paragraph
executive staff officers, employees of the department (one              E.4. Information and/or recommendations received from
for each region: north, central and south), shall serve as              individuals other than those employed by the department or
coordinator for an assigned panel. Each panel shall consist             the local jail facility where the offender is housed shall be
of three members as follows:                                            made in writing. Interview, telephone or video conferencing
        a. one member shall be the secretary or designee                may be conducted at the discretion of the panel.
who shall be chairman;                                                        3. Panel decisions shall be recorded by individual
        b. one member shall be a psychologist licensed by               vote. Official results shall be maintained by the respective
the Louisiana State Board of Examiners of Psychologists                 panel coordinator. Each panel coordinator is responsible for
who has been engaged in the practice of clinical or                     maintaining a separate file on each offender reviewed by the
counseling psychology for not less than three consecutive               panel.
years who is employed by the Department of Public Safety                      4. If a panel affirmatively votes that an offender is a
and Corrections or the Department of Health and Hospitals               sexually violent predator and/or a child sexual predator, the
or a physician in the employ of the Department of Public                panel shall forward the recommendation to the sentencing
Safety and Corrections or the Department of Health and                  court. The recommendation shall include the factual basis
Hospitals or under contract to the Department of Public                 upon which the recommendation was based and shall
Safety and Corrections whose credentials and experience are             include a copy of all information that was available to the
compatible with the evaluation of the potential threat to               panel during the evaluation process.
public safety that may be posed by a child sexual predator or                 5. Upon receiving a recommendation from a panel,
a sexually violent predator;                                            the sentencing court will review the recommendation that an
           i. if the psychologist or physician is an employee           offender is a sexually violent predator and/or a child
of the Department of Health and Hospitals, the secretary of             predator.
both departments shall consult and jointly select the                         6. If, after a contradictory hearing the sentencing court
member;                                                                 finds by clear and convincing evidence and renders a judicial
        c. the warden (or deputy) at the state facility where           determination that the offender is a sexually violent predator
the offender is housed or the warden (or deputy) of the                 or a child sexual predator, the offender shall be ordered to
regional facility for offenders housed in local jail facilities.        comply with the following:


Louisiana Register Vol. 36, No. 1 January 20, 2010                 24
        a. supervision by the Division of Probation and                receiving treatment from a court or treatment provider
Parole, upon release from incarceration, for the duration of           approved by the department, and good cause for such
his natural life;                                                      reconsideration is shown by the offender.
        b. registration as a sex offender in accordance with                2. If the court grants the petition for review, the court
the provisions of R.S. 15:542 et seq. for the duration of his          shall refer the case to the sex offender assessment panel for
natural life;                                                          review in accordance with the provisions of Section E., and
        c. provide community notification in accordance                a recommendation to the court for a judicial determination as
with the provisions of R.S. 15:542 et seq. for the duration of         to whether or not the offender continues to be a sexually
his natural life;                                                      violent predator and/or a child sexual predator. After
        d. submit to electronic monitoring pursuant to the             receiving the recommendation of the panel, the court shall
provisions of R.S. 15:560.4 for the duration of his natural            schedule a hearing and provide notice of the hearing in
life; and                                                              accordance with the provisions of Section F.4.
        e. abide by the supervised release conditions                     J. Rights of Action. Any employee who participates in
enumerated in R.S. 15:560.3A.(4) through (14), which may               the Louisiana Sex Offender Assessment Panels review
include treatment for persons convicted of sex offenses when           process pursuant to this regulation shall be immune from
deemed appropriate or ordered to do so by the offender's               civil or criminal liability when the actions taken are in good
probation and parole officer as stated in R.S. 15:560.3A(10).          faith in a reasonable manner in accordance with generally
      7. If a judicial determination is rendered that an               accepted medical or other professional practices.
offender is a sexually violent predator or a child sexual                   1. Attachment A
predator, the panel administrator shall notify the warden of
the state facility where the offender is housed or the warden                               List of Child Predator Offenses
of the regional facility for offenders housed in local jail                                         R.S. 15:541 (25)
facilities.                                                                    (Criminal offense against a victim who is a minor under the
                                                                              age of 18 when the defendant is not the parent of the victim)
      8. Upon receipt of notification from the panel                     14:44                   Aggravated Kidnapping
administrator, the warden of the state facility where the                14:44.1                 Second Degree Kidnapping
offender is housed or the warden of the regional facility for            14:44.2                 Aggravated Kidnapping of a Child
offenders housed in local jail facilities shall ensure that the          14:45                   Simple Kidnapping
sex offender pre-registration process is initiated.                      14:45.1                 Interference with the Custody of a Child
   G. Electronic Monitoring of Child Sexual Predators or                 14:46                   False Imprisonment
                                                                         14:46.1                 False Imprisonment; Offender Armed With A
Sexually Violent Predators                                                                       Dangerous Weapon
      1. Each offender determined by the court to be a child             14:46.2                 Human Trafficking
sexual predator and/or a sexually violent predator pursuant              14:82.1                 Prostitution; Persons Under Seventeen
to the provisions of this regulation shall be required to be             14:84(1)(3)(5)(6)       Pandering
electronically monitored by the Division of Probation and                14:86                   Enticing Persons into Prostitution
Parole in a fashion that provides for electronic location                23:251(A)(4)            Minors under 16, prohibits employment for
                                                                                                 exhibition use
tracking.
      2. Unless it is determined that an offender is unable to
pay all or any portion of the costs for electronic monitoring,                a. A conviction for the perpetration, attempted
each offender to be electronically monitored shall pay the             perpetration or conspiracy to commit the offenses stated
cost of such monitoring.                                               above shall be considered a child predator.
      3. The costs attributable to the electronic monitoring               2. Attachment B
of an offender who has been determined unable to pay shall
be borne by the department if, and only to the degree that                                        List of Sex Offenses
                                                                                                    R.S. 15:541 (24)
sufficient funds are made available for such purpose whether             14:41                  Rape
by appropriation of state funds or from any other source.                14:42                  Aggravated Rape
      4. Only in the case that an offender determined to be a            14:42.1                Forcible Rape
child sexual predator and/or a sexual violent predator is                14:43                  Simple Rape
unable to pay his own electronic monitoring costs, and there             14:43.1                Sexual Battery
are no funds available to the department to pay for such                 14:43.2                Second Degree Sexual Battery
                                                                         14:43.3                Oral Sexual Battery
monitoring, may the requirements of electronic monitoring                14:43.5                Intentional Exposure of Aids Virus
be waived.                                                               14:78                  Incest
   H. Notification of Release. The department shall notify               14:78.1                Aggravated Incest
the Office of State Police when a child sexual predator                  14:80                  Felony Carnal Knowledge of a Juvenile
and/or sexually violent predator has been released from                  14:81                  Indecent Behavior with Juveniles
imprisonment. The Office of State Police shall then send out             14:81.1                Pornography Involving Juveniles
                                                                         14:81.2                Molestation of a Juvenile
an alert by means of a predator alert system to local law
                                                                         14:81.3                Computer Aided Solicitation of a Juvenile
enforcement officials to inform them of such releases.                   14:81.4                Prohibited Sexual Conduct Between an
   I. Appeal of Decision                                                                        Educator and Student
      1. An offender determined to be a sexually violent                 14:89                  Crime Against Nature
predator and/or a child sexual predator may petition the                 14:89.1                Aggravated Crime Against Nature
court for a review of this determination not more than once              14:92(A) (7)           Contributing to the Delinquency of Juveniles
                                                                                                (Perform any sexually immoral act)
every three years, provided that the sex offender is currently           14:93.5                Sexual Battery of the Infirm

                                                                  25                    Louisiana Register Vol. 36, No. 1 January 20, 2010
                        List of Sex Offenses                                                               Title 22
                          R.S. 15:541 (24)                                      CORRECTIONS, CRIMINAL JUSTICE AND LAW
  14:106(A)(5)        Obscenity by Solicitation (of a person under the                               ENFORCEMENT
                      age of 17)
  14:283              Video Voyeurism
                                                                                                    Part I. Corrections
  14:283.1            Voyeurism, Second or Subsequent Offense                 Chapter 3.        Adult Services
                                                                              §319. Restoration of Good Time
       a. A conviction for the perpetration, attempted                           A. Purpose―to establish the secretary’s policy regarding
perpetration or conspiracy to commit the offenses stated                      the restoration of previously forfeited good time for
above shall be considered a sex offense.                                      disciplinary violations for offenders who have demonstrated
  AUTHORITY NOTE: Promulgated in accordance with R.S.                         satisfactory progress in faithfully observing the Disciplinary
15:560 et seq.                                                                Rules and Procedures for Adult Offenders.
  HISTORICAL NOTE: Promulgated by the Department of                              B. Applicability―deputy secretary, undersecretary, chief
Public Safety and Corrections, Corrections Services, LR 34:1631               of operations, assistant secretary, regional wardens, wardens,
(August 2008), amended LR 36:                                                 the sheriff or administrator of local jail facilities and the
                                                                              director of the Office of Information Services. Each unit
                            James M. Le Blanc                                 head is responsible for ensuring that appropriate unit written
                            Secretary                                         policy and procedures are in place to comply with the
1001#058
                                                                              provisions of this regulation.
                                                                                 C. Policy. It is the secretary’s policy to strengthen the
             DECLARATION OF EMERGENCY
                                                                              department’s commitment to an offender’s successful reentry
      Department of Public Safety and Corrections                             efforts by implementing positive rewards for offenders who
                Corrections Services                                          have demonstrated improved institutional behavior.
                                                                                 D. Definition
                  Restoration of Good Time                                         Regional Facility―a state correctional facility located
                       (LAC 22:I.319)                                         within one of nine regions of the state, as designated by the
                                                                              secretary. Each warden of a regional facility shall be
   In accordance with the provisions of R.S. 49:953, the                      responsible for certain requirements pursuant to the
Department of Public Safety and Corrections, Corrections                      provisions of this regulation for offenders housed in their
Services, hereby determines that adoption of an emergency                     state correctional facility, as well as DPS and C offenders
rule for the implementation of Department Regulation No.                      housed in local jail facilities within their respective region.
B-04-006 Restoration of Good Time is necessary and that for                      E. General Procedures
the following reasons failure to adopt the Rule on an                              1. As of the effective date of this regulation, offenders
emergency basis will result in imminent peril to the public's                 who have previously forfeited good time as a result of
safety, health and welfare.                                                   disciplinary action and have remained disciplinary report
   The department's goals and priorities are centered around                  free for a consecutive 24 month period may be eligible for
and focus on the opportunities created by reentry initiatives.                restoration of the previously forfeited good time. Restoration
   It is the secretary's policy to strengthen the department's                of previously forfeited good time shall not exceed 540 days
commitment to promoting initiatives for an offender's                         during an offender's instant term of incarceration.
successful reentry into society. To accomplish this goal, the                      2. Forfeiture of good time resulting from any
department is implementing positive rewards for offenders                     Schedule A or Schedule B rule violation may be restored in
demonstrating improved institutional behavior by complying                    accordance with the provisions of this regulation, with the
with institutional rules and policies.                                        exception of Rule #8, Escape or Attempt to Escape, or any
   Louisiana's incarceration rate ranks first in the nation.                  rule violation that was a result of battery of an employee,
Under this rule, offenders that have successfully adjusted to                 visitor, guest or their families. All Rule #21 offenses shall be
incarceration and who have exhibited improved behavior for                    carefully reviewed for consideration of restoration of good
a two year period could have previously taken good time                       time.
credits restored. Thereby, release from physical custody and                       3. For offenders released on parole or good time
commencement of parole supervision could occur at an                          parole supervision and returned to custody as a parole
earlier date. This would result in significant cost savings for               violator, the availability of forfeited good time is limited to
the state. Implementation of this rule could result in a                      the amount earned during the instant term of incarceration.
reduction in the total number of incarcerated offenders.                      Time spent in custody prior to release on parole or good time
   For the foregoing reasons, the Department of Public                        parole supervision shall not apply toward the 24 consecutive
Safety and Corrections, Corrections Services, has                             month period required for review.
determined that the adoption of an emergency rule is                               4. Even though an offender may receive approval for
necessary for the adoption and implementation of                              restoration of goodtime, the department shall retain authority
Department Regulation No. B-04-005 and hereby provides                        to void or adjust the amount of the restoration at any time
notice of its declaration of emergency effective on January                   during the offender’s incarceration if a review of the record
10, 2010, in accordance with R.S. 49:953. This Emergency                      reveals the restoration calculation was erroneous.
Rule shall be in effect for 120 days or until adoption of the                      5. Under no circumstances shall an offender's
final Rule, whichever occurs first.                                           restoration of previously forfeited good time under the
                                                                              provisions of this regulation cause him to be considered
                                                                              overdue for release at the time of approval.

Louisiana Register Vol. 36, No. 1 January 20, 2010                       26
  F.    Review and Outcome Process                                            9. If an offender's request for restoration of good time
     1. Offenders housed in state correctional facilities who            is denied or good time is partially restored, the offender may
have not been found guilty of a disciplinary violation for a             reapply for reconsideration in six months from the date of
consecutive 24 month period, except as noted in Paragraph                the original application.
E.2, shall complete an application for restoration of good                    10. The warden's decision regarding restoration of good
time (Form B-04-006-A) and submit the application to the                 time is final and shall not be appealed through the
institution’s records office.                                            administrative remedy procedure.
     2. The appropriate regional facility shall provide an                    11. In addition to the current CAJUN procedures in
application for restoration of good time (Form B-04-006-A)               place regarding the maintenance of the amount of good time
to the sheriff or administrator of each local jail facility              forfeited per offender, the Office of Information Services
within their region. Offenders housed in local jail facilities           shall implement a program to also track the restoration of
who meet the eligibility requirements stated in Paragraph F.1            good time pursuant to this regulation and Act No. 17 of the
shall complete the application and submit it to the sheriff or           2009 Regular Session. The amount of good time restored
administrator, who shall forward all completed applications              shall be displayed on the CAJUN master prison record
to the records office of the appropriate regional facility               screen.
within which the local jail facility is located.                           AUTHORITY NOTE: Promulgated in accordance with R.S.
     3. The records supervisor/manager or designee shall                 49:953.
review the application and disciplinary record to verify the               HISTORICAL NOTE: Promulgated by the Department of
offender’s eligibility for restoration of forfeited good time. If        Public Safety and Corrections, Corrections Services, LR 36:
the offender is eligible for restoration of forfeited good time,
                                                                                                    James M. Le Blanc
the records supervisor/manager shall indicate the number of
                                                                                                    Secretary
days eligible for restoration on the application for restoration         1001#057
of good time (Form B-04-06-A.)
     4. The warden shall develop a screening and review                             DECLARATION OF EMERGENCY
process for consideration of restoration of forfeited good
time. This process shall include a recommendation for the                              Department of Social Services
number of days to be restored. The number of days to be                                Office of Community Services
restored shall include consideration of participation or
failure to participate in rehabilitative programs. Upon                           Residential Licensing—Disqualification
completion, the reviewer shall forward the offender’s                                   (LAC 48:I.Chapter 88 and
application to the warden of the state facility or the warden                   LAC 67:III.Chapter 73 and V.Chapters 61-69)
of the appropriate regional facility for review and
consideration.                                                             The Department of Social Services (DSS), Office of
     5. If the offender is ineligible for restoration of                 Family Support (OFS) and Office of Community Services
forfeited good time, the records supervisor/manager shall                (OCS), have exercised the emergency provisions of the
indicate the reason for ineligibility on the application form            Administrative Procedure Act, R.S. 49:953(B), to adopt this
and return a copy to the offender. The original application              second Emergency Rule relative to the LAC 48:I. Subpart 3,
shall be filed in the offender’s master prison record.                   Licensing and Certification, LAC 67:III, Subpart 21, Child
     6. The warden of the state facility or the warden of the            Care Licensing, and LAC 67:V, Subpart 8, Residential
regional facility shall review the offender’s application and            Licensing.
verification of eligibility and shall approve or disapprove the            This second Emergency Rule, effective January 1, 2010,
recommendation.                                                          will remain in effect for a period of 120 days. This
     7. If approved, the records supervisor/manager or                   declaration is necessary to extend the original Emergency
designee shall restore the amount of good time approved by               Rule effective September 4, 2009, since it is effective for a
the warden. Only that amount which was actually forfeited                maximum of 120 days and will expire on December 31,
can be restored. A copy of the approved application, as well             2009, before the final Rule takes effect. (The final Rule will
as the revised master prison record shall be sent to the                 be published in the February 20, 2010 Louisiana Register.)
offender. For offenders housed in local jail facilities, a copy                                    Title 48
of the approved application and the revised master prison                              PUBLIC HEALTH—GENERAL
record shall be returned to the sheriff or administrator of the                          Part I. General Information
local jail facility who shall notify the offender. The originals                    Subpart 3. Licensing and Certification
shall be filed in the offender's master prison record.                   Chapter 88. Adult Residential Care Home
     8. If denied, the warden of the state facility shall                §8807. Denial, Revocation or Nonrenewal of License,
provide a written reason on the application for restoration of                    Appeal Procedure
good time (Form B-04-006-A) and provide a copy to the                      A. - D.3. ….
offender. For offenders housed in local jail facilities, a copy            E. Disqualification From Application
of the application (including the justification for denial) shall             1. Definitions, as used in this Section:
be returned to the sheriff or administrator of the local jail                   Affiliate—
facility who shall notify the offender. The original                               i. with respect to a partnership, each partner
application shall be filed in the offender’s master prison               thereof;
record.


                                                                    27                Louisiana Register Vol. 36, No. 1 January 20, 2010
           ii. with respect to a corporation, each officer,                    b. Any voluntary surrender of a license by a facility
director and stockholder thereof;                                       facing the possibility of adverse action against its license
         iii. with respect to a natural person:                         (revocation or non-renewal) shall be deemed to be a
              (a). that person and any individual related by            revocation for purposes of this rule, and shall trigger the
blood, marriage, or adoption within the third degree of                 same disqualification period as if the license had actually
kinship to that person;                                                 been revoked.
              (b). any partnership, together with any or all its               c. In addition, if the applicant has had a substantial
partners, in which that person is a partner; and                        history of non-compliance, including but not limited to
              (c). any corporation in which that person an              revocation of a previous license, operation without a license,
officer, director or stockholder, or holds, directly or                 or denial of one or more previous applications for licensure,
indirectly, a controlling interest;                                     the department may refuse to accept a subsequent
          iv. with respect to any of the above, any                     application from that applicant for a minimum period of two
mandatory, agent, or representative or any other person,                years after the effective date of denial.
natural or juridical acting at the direction of or on behalf of                d. The disqualification period provided in this
the licensee or applicant; or                                           Section shall include any affiliate of the provider.
           v. director of any such adult residential care                  AUTHORITY NOTE: Promulgated in accordance with R.S.
home.                                                                   40:2151-2161.
        Department―the Department of Social Services.                      HISTORICAL NOTE: Promulgated by the Department of
        Disqualification Period―the prescriptive period                 Health and Human Resources, Office of the Secretary, Division of
                                                                        Licensing and Certification, LR 14:27 (January 1988), amended by
during which the department shall not accept an application             the Department of Social Services, Office of the Secretary, Bureau
from a provider. Any unlicensed operation during the                    of Licensing, LR 24:2328 (December 1998), amended by the
disqualification period shall interrupt running of prescription         Department of Social Services, Office of Community Services and
until the department has verified that the unlicensed                   Office of Family Support, LR 36:
operation has ceased.                                                                                Title 67
        Effective Date―a revocation, denial, or non-renewal                                   SOCIAL SERVICES
of a license shall be the last day for applying to appeal the                              Part III. Family Support
action, if the action is not appealed.                                                Subpart 21. Child Care Licensing
        Facility―any place, program, facility or agency                 Chapter 73. Day Care Centers
operated or required by law to operate under a license,                 Subchapter A. Licensing Class "A" Regulations for
including facilities owned or operated by any governmental,                                Child Care Centers
profit, nonprofit, private, or church agency.                           §7303. Procedures
        License―                                                           A. - F.7. …
            i. any license issued by the department to operate             G. Disqualification From Application
any child care facility or child-placing agency as defined in                1. Definitions, as used in this Section:
R.S. 46:1403;                                                                   Affiliate—
           ii. any license issued by the department to operate                     i. with respect to a partnership, each partner
any adult residential care facility as defined in R.S. 40:2153;         thereof;
or                                                                                ii. with respect to a corporation, each officer,
         iii. any license issued by the department to operate           director and stockholder thereof;
any transitional youth residence as defined in R.S. 46:1453.                     iii. with respect to a natural person:
        Provider―all owners or operators of a facility,                              (a). that person and any individual related by
including the director of such facility. If the owner is a              blood, marriage, or adoption within the third degree of
corporate entity, the owners are the officers, directors, and           kinship to that person;
shareholders of the facility.                                                        (b). any partnership, together with any or all its
        Unlicensed Operation―operation of any child care                partners, in which that person is a partner; and
facility or child-placing agency, adult residential care                             (c). any corporation in which that person an
facility, or transitional youth residence, at any location,             officer, director or stockholder, or holds, directly or
without a valid, current license issued by the department.              indirectly, a controlling interest;
     2. Disqualification of Facility and Provider                                iv. with respect to any of the above, any
        a. If a facility’s license is revoked or not renewed            mandatory, agent, or representative or any other person,
due to failure to comply with state statutes and licensing              natural or juridical acting at the direction of or on behalf of
rules, the department shall not accept a subsequent                     the licensee or applicant; or
application from the provider for that facility or any new                        v. director of any such day care center.
facility for a minimum period of two years after the effective                  Department―the Department of Social Services.
date of revocation or non-renewal or a minimum period of                        Disqualification Period―the prescriptive period
two years after all appeal rights have been exhausted,                  during which the department shall not accept an application
whichever is later (the disqualification period). Any                   from a provider. Any unlicensed operation during the
subsequent application for a license shall be reviewed by the           disqualification period shall interrupt running of prescription
secretary or their designee prior to a decision being made to           until the department has verified that the unlicensed
grant a license. The department reserves the right to                   operation has ceased.
determine, at its sole discretion, whether to issue any
subsequent license.

Louisiana Register Vol. 36, No. 1 January 20, 2010                 28
        Effective Date―a revocation, denial, or non-renewal               Office of Community Services and Office of Family Support, LR
of a license shall be the last day for applying to appeal the             36:
action, if the action is not appealed.                                    Subchapter B. Licensing Class "B" Regulations for Day
        Facility―any place, program, facility or agency                                       Care Centers
operated or required by law to operate under a license,                   §7359. Procedures
including facilities owned or operated by any governmental,                  A. - H. …
profit, nonprofit, private, or church agency.                                I. Disqualification from Application
        License―                                                               1. Definitions, as used in this Section:
           i. any license issued by the department to operate                     Affiliate—
any child care facility or child-placing agency as defined in                         i. with respect to a partnership, each partner
R.S. 46:1403;                                                             thereof;
          ii. any license issued by the department to operate                        ii. with respect to a corporation, each officer,
any adult residential care facility as defined in R.S. 40:2153;           director and stockholder thereof;
or                                                                                 iii. with respect to a natural person:
         iii. any license issued by the department to operate                           (a). that person and any individual related by
any transitional youth residence as defined in R.S. 46:1453.              blood, marriage, or adoption within the third degree of
        Provider―all owners or operators of a facility,                   kinship to that person;
including the director of such facility. If the owner is a                              (b). any partnership, together with any or all its
corporate entity, the owners are the officers, directors, and             partners, in which that person is a partner; and
shareholders of the facility.                                                           (c). any corporation in which that person an
        Unlicensed Operation― operation of any child care                 officer, director or stockholder, or holds, directly or
facility or child-placing agency, adult residential care                  indirectly, a controlling interest;
facility, or transitional youth residence, at any location,                         iv. with respect to any of the above, any
without a valid, current license issued by the department.                mandatory, agent, or representative or any other person,
     2. Disqualification of Facility and Provider                         natural or juridical acting at the direction of or on behalf of
        a. If a facility’s license is revoked or not renewed              the licensee or applicant; or
due to failure to comply with state statutes and licensing                           v. director of any such day care center.
rules, the department shall not accept a subsequent                               Department―the Department of Social Services.
application from the provider for that facility or any new                        Disqualification Period―the prescriptive period
facility for a minimum period of two years after the effective            during which the department shall not accept an application
date of revocation or non-renewal or a minimum period of                  from a provider. Any unlicensed operation during the
two years after all appeal rights have been exhausted,                    disqualification period shall interrupt running of prescription
whichever is later (the disqualification period). Any                     until the department has verified that the unlicensed
subsequent application for a license shall be reviewed by the             operation has ceased.
secretary or their designee prior to a decision being made to                     Effective Date―a revocation, denial, or non-renewal
grant a license. The department reserves the right to                     of a license shall be the last day for applying to appeal the
determine, at its sole discretion, whether to issue any                   action, if the action is not appealed.
subsequent license.                                                               Facility―any place, program, facility or agency
        b. Any voluntary surrender of a license by a facility             operated or required by law to operate under a license,
facing the possibility of adverse action against its license              including facilities owned or operated by any governmental,
(revocation or non-renewal) shall be deemed to be a                       profit, nonprofit, private, or church agency.
revocation for purposes of this rule, and shall trigger the                       License―
same disqualification period as if the license had actually                           i. any license issued by the department to operate
been revoked.                                                             any child care facility or child-placing agency as defined in
        c. In addition, if the applicant has had a substantial            R.S. 46:1403;
history of non-compliance, including but not limited to                              ii. any license issued by the department to operate
revocation of a previous license, operation without a license,            any adult residential care facility as defined in R.S. 40:2153;
or denial of one or more previous applications for licensure,             or
the department may refuse to accept a subsequent                                   iii. any license issued by the department to operate
application from that applicant for a minimum period of two               any transitional youth residence as defined in R.S. 46:1453.
years after the effective date of denial.                                         Provider―all owners or operators of a facility,
        d. The disqualification period provided in this                   including the director of such facility. If the owner is a
Section shall include any affiliate of the provider.                      corporate entity, the owners are the officers, directors, and
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    shareholders of the facility.
46:1401 et seq.                                                                   Unlicensed Operation―operation of any child care
   HISTORICAL NOTE: Promulgated by the Department of                      facility or child-placing agency, adult residential care
Health and Human Resources, Office of the Secretary, Division of          facility, or transitional youth residence, at any location,
Licensing and Certification, LR 13:246 (April 1987), amended by           without a valid, current license issued by the department.
the Department of Social Services, Office of the Secretary, Bureau
                                                                               2. Disqualification of Facility and Provider
of Licensing, LR 20:450 (April 1994), LR 24:2345 (December
1998), LR 29:1108 (July 2003), repromulgated by the Department                    a. If a facility’s license is revoked or not renewed
of Social Services, Office of Family Support, LR 33:2756                  due to failure to comply with state statutes and licensing
(December 2007), amended by the Department of Social Services,            rules, the department shall not accept a subsequent

                                                                     29                 Louisiana Register Vol. 36, No. 1 January 20, 2010
application from the provider for that facility or any new                      Department―the Department of Social Services.
facility for a minimum period of two years after the effective                  Disqualification Period―the prescriptive period
date of revocation or non-renewal or a minimum period of                during which the department shall not accept an application
two years after all appeal rights have been exhausted,                  from a provider. Any unlicensed operation during the
whichever is later (the disqualification period). Any                   disqualification period shall interrupt running of prescription
subsequent application for a license shall be reviewed by the           until the department has verified that the unlicensed
secretary or their designee prior to a decision being made to           operation has ceased.
grant a license. The department reserves the right to                           Effective Date―a revocation, denial, or non-renewal
determine, at its sole discretion, whether to issue any                 of a license shall be the last day for applying to appeal the
subsequent license.                                                     action, if the action is not appealed.
        b. Any voluntary surrender of a license by a facility                   Facility―any place, program, facility or agency
facing the possibility of adverse action against its license            operated or required by law to operate under a license,
(revocation or non-renewal) shall be deemed to be a                     including facilities owned or operated by any governmental,
revocation for purposes of this rule, and shall trigger the             profit, nonprofit, private, or church agency.
same disqualification period as if the license had actually                     License―
been revoked.                                                                      i. any license issued by the department to operate
        c. In addition, if the applicant has had a substantial          any child care facility or child-placing agency as defined in
history of non-compliance, including but not limited to                 R.S. 46:1403;
revocation of a previous license, operation without a license,                    ii. any license issued by the department to operate
or denial of one or more previous applications for licensure,           any adult residential care facility as defined in R.S. 40:2153;
the department may refuse to accept a subsequent                        or
application from that applicant for a minimum period of two                      iii. any license issued by the department to operate
years after the effective date of denial.                               any transitional youth residence as defined in R.S. 46:1453.
        d. The disqualification period provided in this                         Provider―all owners or operators of a facility,
Section shall include any affiliate of the provider.                    including the director of such facility. If the owner is a
   AUTHORITY NOTE: Promulgated in accordance with R.S.                  corporate entity, the owners are the officers, directors, and
46:1401 et seq.                                                         shareholders of the facility.
   HISTORICAL NOTE: Promulgated by the Department of                            Unlicensed Operation―operation of any child care
Health and Human Resources, Office of the Secretary, Division of        facility or child-placing agency, adult residential care
Licensing and Certification, LR 13:246 (April 1987), amended by
the Department of Social Services, Office of the Secretary, LR
                                                                        facility, or transitional youth residence, at any location,
18:970 September 1992, LR 26:1636 (August 2000),                        without a valid, current license issued by the department.
repromulgated by the Office of Family Support, LR 33:2771                    2. Disqualification of Facility and Provider
(December 2007), amended by the Department of Social Services,                  a. If a facility’s license is revoked or not renewed
Office of Community Services and Office of Family Support, LR           due to failure to comply with state statutes and licensing
36:                                                                     rules, the department shall not accept a subsequent
                 Part V. Community Services                             application from the provider for that facility or any new
                 Subpart 8. Residential Living                          facility for a minimum period of two years after the effective
Chapter 61. Emergency Shelter                                           date of revocation or non-renewal or a minimum period of
§6103. Organization and Administration                                  two years after all appeal rights have been exhausted,
  A. - C. 3.a. …                                                        whichever is later (the disqualification period). Any
  D. Disqualification from Application                                  subsequent application for a license shall be reviewed by the
     1. Definitions, as used in this Section:                           secretary or their designee prior to a decision being made to
        Affiliate—                                                      grant a license. The department reserves the right to
           i. with respect to a partnership, each partner               determine, at its sole discretion, whether to issue any
thereof;                                                                subsequent license.
          ii. with respect to a corporation, each officer,                      b. Any voluntary surrender of a license by a facility
director and stockholder thereof;                                       facing the possibility of adverse action against its license
         iii. with respect to a natural person:                         (revocation or non-renewal) shall be deemed to be a
             (a). that person and any individual related by             revocation for purposes of this rule, and shall trigger the
blood, marriage, or adoption within the third degree of                 same disqualification period as if the license had actually
kinship to that person;                                                 been revoked.
             (b). any partnership, together with any or all its                 c. In addition, if the applicant has had a substantial
partners, in which that person is a partner; and                        history of non-compliance, including but not limited to
             (c). any corporation in which that person an               revocation of a previous license, operation without a license,
officer, director or stockholder, or holds, directly or                 or denial of one or more previous applications for licensure,
indirectly, a controlling interest;                                     the department may refuse to accept a subsequent
         iv. with respect to any of the above, any                      application from that applicant for a minimum period of two
mandatory, agent, or representative or any other person,                years after the effective date of denial.
natural or juridical acting at the direction of or on behalf of                 d. The disqualification period provided in this
the licensee or applicant; or                                           Section shall include any affiliate of the provider.
          v. director of any such emergency shelter.                      AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        46:1401 et seq.

Louisiana Register Vol. 36, No. 1 January 20, 2010                 30
   HISTORICAL NOTE: Promulgated by the Department of                     facility, or transitional youth residence, at any location,
Health and Human Resources, Office of the Secretary, Division of         without a valid, current license issued by the department.
Licensing and Certification, LR 13:246 (April 1987),                          2. Disqualification of Facility and Provider
repromulgated by the Department of Social Services, Office of the                a. If a facility’s license is revoked or not renewed
Secretary, Bureau of Residential Licensing, LR 33:2669 (December
2007), repromulgated by the Department of Social Services, Office
                                                                         due to failure to comply with state statutes and licensing
of Community Services, LR 35:1544 (August 2009), amended by              rules, the department shall not accept a subsequent
the Department of Social Services, Office of Community Services          application from the provider for that facility or any new
and Office of Family Support, LR 36:                                     facility for a minimum period of two years after the effective
Chapter 65. Transitional Living                                          date of revocation or non-renewal or a minimum period of
§6507. Application for Licensure                                         two years after all appeal rights have been exhausted,
   A. - E. …                                                             whichever is later (the disqualification period). Any
   F. Disqualification from Application                                  subsequent application for a license shall be reviewed by the
     1. Definitions, as used in this Section:                            secretary or their designee prior to a decision being made to
        Affiliate—                                                       grant a license. The department reserves the right to
           i. with respect to a partnership, each partner                determine, at its sole discretion, whether to issue any
thereof;                                                                 subsequent license.
          ii. with respect to a corporation, each officer,                       b. Any voluntary surrender of a license by a facility
director and stockholder thereof;                                        facing the possibility of adverse action against its license
         iii. with respect to a natural person:                          (revocation or non-renewal) shall be deemed to be a
             (a). that person and any individual related by              revocation for purposes of this rule, and shall trigger the
blood, marriage, or adoption within the third degree of                  same disqualification period as if the license had actually
kinship to that person;                                                  been revoked.
             (b). any partnership, together with any or all its                  c. In addition, if the applicant has had a substantial
partners, in which that person is a partner; and                         history of non-compliance, including but not limited to
             (c). any corporation in which that person an                revocation of a previous license, operation without a license,
officer, director or stockholder, or holds, directly or                  or denial of one or more previous applications for licensure,
indirectly, a controlling interest;                                      the department may refuse to accept a subsequent
         iv. with respect to any of the above, any                       application from that applicant for a minimum period of two
mandatory, agent, or representative or any other person,                 years after the effective date of denial.
natural or juridical acting at the direction of or on behalf of                  d. The disqualification period provided in this
the licensee or applicant; or                                            Section shall include any affiliate of the provider.
          v. director of any such transitional living facility.             AUTHORITY NOTE: Promulgated in accordance with R.S.
        Department―the Department of Social Services.                    46:1451-1455.
                                                                            HISTORICAL NOTE: Promulgated by the Department of
        Disqualification Period―the prescriptive period
                                                                         Health and Human Resources, Office of the Secretary, Bureau of
during which the department shall not accept an application              Licensing, LR 30:93 (January 2004), repromulgated by the
from a provider. Any unlicensed operation during the                     Department of Social Services, Office of Community Services,
disqualification period shall interrupt running of prescription          Bureau of Residential Licensing, LR 33:2686 (December 2007),
until the department has verified that the unlicensed                    repromulgated by the LR 35:1544 (August 2009), amended by the
operation has ceased.                                                    Department of Social Services, Office of Community Services, LR
        Effective Date―a revocation, denial, or non-renewal              35:1561 (August 2009), amended by the Department of Social
of a license shall be the last day for applying to appeal the            Services, Office of Community Services and Office of Family
action, if the action is not appealed.                                   Support, LR 36:
        Facility―any place, program, facility or agency                  Chapter 67. Maternity Homes
operated or required by law to operate under a license,                  §6703. Definitions
including facilities owned or operated by any governmental,                A. …
profit, nonprofit, private, or church agency.                              B. Disqualification from Application
        License―                                                              1. Definitions, as used in this Section:
           i. any license issued by the department to operate                    Affiliate—
any child care facility or child-placing agency as defined in                       i. with respect to a partnership, each partner
R.S. 46:1403;                                                            thereof;
          ii. any license issued by the department to operate                      ii. with respect to a corporation, each officer,
any adult residential care facility as defined in R.S. 40:2153;          director and stockholder thereof;
or                                                                                iii. with respect to a natural person:
         iii. any license issued by the department to operate                         (a). that person and any individual related by
any transitional youth residence as defined in R.S. 46:1453.             blood, marriage, or adoption within the third degree of
        Provider―all owners or operators of a facility,                  kinship to that person;
including the director of such facility. If the owner is a                            (b). any partnership, together with any or all its
corporate entity, the owners are the officers, directors, and            partners, in which that person is a partner; and
shareholders of the facility.                                                         (c). any corporation in which that person an
        Unlicensed Operation―operation of any child care                 officer, director or stockholder, or holds, directly or
facility or child-placing agency, adult residential care                 indirectly, a controlling interest;


                                                                    31                 Louisiana Register Vol. 36, No. 1 January 20, 2010
          iv. with respect to any of the above, any                    application from that applicant for a minimum period of two
mandatory, agent, or representative or any other person,               years after the effective date of denial.
natural or juridical acting at the direction of or on behalf of               d. The disqualification period provided in this
the licensee or applicant; or                                          Section shall include any affiliate of the provider.
           v. director of any such maternity home.                        AUTHORITY NOTE: Promulgated in accordance with R.S.
        Department―the Department of Social Services.                  36:477 and R.S. 46:1401-1427.
        Disqualification Period―the prescriptive period                   HISTORICAL NOTE: Promulgated by the Department of
during which the department shall not accept an application            Health and Human Resources, Office of the Secretary, Division of
                                                                       Licensing and Certification, LR 13:246 (April 1987),
from a provider. Any unlicensed operation during the                   repromulgated by the Department of Social Services, Office of the
disqualification period shall interrupt running of prescription        Secretary, Bureau of Residential Licensing, LR 33:2694 (December
until the department has verified that the unlicensed                  2007), repromulgated by the Department of Social Services, Office
operation has ceased.                                                  of Community Services, LR 35:1570 (August 2009), amended by
        Effective Date―a revocation, denial, or non-renewal            the Department of Social Services, Office of Community Services
of a license shall be the last day for applying to appeal the          and Office of Family Support, LR 36:
action, if the action is not appealed.                                 Chapter 69. Child Residential Care
        Facility―any place, program, facility or agency                §6905. Procedures
operated or required by law to operate under a license,                   A. - E.5. ….
including facilities owned or operated by any governmental,               F. Disqualification from Application
profit, nonprofit, private, or church agency.                               1. Definitions, as used in this Section:
        License―                                                               Affiliate—
            i. any license issued by the department to operate                    i. with respect to a partnership, each partner
any child care facility or child-placing agency as defined in          thereof;
R.S. 46:1403;                                                                    ii. with respect to a corporation, each officer,
           ii. any license issued by the department to operate         director and stockholder thereof;
any adult residential care facility as defined in R.S. 40:2153;                 iii. with respect to a natural person:
or                                                                                  (a). that person and any individual related by
         iii. any license issued by the department to operate          blood, marriage, or adoption within the third degree of
any transitional youth residence as defined in R.S. 46:1453.           kinship to that person;
        Provider― all owners or operators of a facility,                            (b). any partnership, together with any or all its
including the director of such facility. If the owner is a             partners, in which that person is a partner; and
corporate entity, the owners are the officers, directors, and                       (c). any corporation in which that person an
shareholders of the facility.                                          officer, director or stockholder, or holds, directly or
        Unlicensed Operation― operation of any child care              indirectly, a controlling interest;
facility or child-placing agency, adult residential care                        iv. with respect to any of the above, any
facility, or transitional youth residence, at any location,            mandatory, agent, or representative or any other person,
without a valid, current license issued by the department.             natural or juridical acting at the direction of or on behalf of
     2. Disqualification of Facility and Provider                      the licensee or applicant; or
        a. If a facility’s license is revoked or not renewed                     v. director of any such child residential care
due to failure to comply with state statutes and licensing             home.
rules, the department shall not accept a subsequent                            Department―the Department of Social Services.
application from the provider for that facility or any new                     Disqualification Period―the prescriptive period
facility for a minimum period of two years after the effective         during which the department shall not accept an application
date of revocation or non-renewal or a minimum period of               from a provider. Any unlicensed operation during the
two years after all appeal rights have been exhausted,                 disqualification period shall interrupt running of prescription
whichever is later (the disqualification period). Any                  until the department has verified that the unlicensed
subsequent application for a license shall be reviewed by the          operation has ceased.
secretary or their designee prior to a decision being made to                  Effective Date―a revocation, denial, or non-renewal
grant a license. The department reserves the right to                  of a license shall be the last day for applying to appeal the
determine, at its sole discretion, whether to issue any                action, if the action is not appealed.
subsequent license.                                                            Facility―any place, program, facility or agency
        b. Any voluntary surrender of a license by a facility          operated or required by law to operate under a license,
facing the possibility of adverse action against its license           including facilities owned or operated by any governmental,
(revocation or non-renewal) shall be deemed to be a                    profit, nonprofit, private, or church agency.
revocation for purposes of this rule, and shall trigger the                    License―
same disqualification period as if the license had actually                       i. any license issued by the department to operate
been revoked.                                                          any child care facility or child-placing agency as defined in
        c. In addition, if the applicant has had a substantial         R.S. 46:1403;
history of non-compliance, including but not limited to                          ii. any license issued by the department to operate
revocation of a previous license, operation without a license,         any adult residential care facility as defined in R.S. 40:2153;
or denial of one or more previous applications for licensure,          or
the department may refuse to accept a subsequent                                iii. any license issued by the department to operate
                                                                       any transitional youth residence as defined in R.S. 46:1453.

Louisiana Register Vol. 36, No. 1 January 20, 2010                32
        Provider―all owners or operators of a facility,                                 (b). any partnership, together with any or all its
including the director of such facility. If the owner is a                partners, in which that person is a partner; and
corporate entity, the owners are the officers, directors, and                           (c). any corporation in which that person an
shareholders of the facility.                                             officer, director or stockholder, or holds, directly or
        Unlicensed Operation― operation of any child care                 indirectly, a controlling interest;
facility or child-placing agency, adult residential care                            iv. with respect to any of the above, any
facility, or transitional youth residence, at any location,               mandatory, agent, or representative or any other person,
without a valid, current license issued by the department.                natural or juridical acting at the direction of or on behalf of
     2. Disqualification of Facility and Provider                         the licensee or applicant; or
        a. If a facility’s license is revoked or not renewed                         v. director of any such child residential care
due to failure to comply with state statutes and licensing                home.
rules, the department shall not accept a subsequent                               Department―the Department of Social Services.
application from the provider for that facility or any new                        Disqualification Period―the prescriptive period
facility for a minimum period of two years after the effective            during which the department shall not accept an application
date of revocation or non-renewal or a minimum period of                  from a provider. Any unlicensed operation during the
two years after all appeal rights have been exhausted,                    disqualification period shall interrupt running of prescription
whichever is later (the disqualification period). Any                     until the department has verified that the unlicensed
subsequent application for a license shall be reviewed by the             operation has ceased.
secretary or their designee prior to a decision being made to                     Effective Date―a revocation, denial, or non-renewal
grant a license. The department reserves the right to                     of a license shall be the last day for applying to appeal the
determine, at its sole discretion, whether to issue any                   action, if the action is not appealed.
subsequent license.                                                               Facility―any place, program, facility or agency
        b. Any voluntary surrender of a license by a facility             operated or required by law to operate under a license,
facing the possibility of adverse action against its license              including facilities owned or operated by any governmental,
(revocation or non-renewal) shall be deemed to be a                       profit, nonprofit, private, or church agency.
revocation for purposes of this rule, and shall trigger the                       License―
same disqualification period as if the license had actually                           i. any license issued by the department to operate
been revoked.                                                             any child care facility or child-placing agency as defined in
        c. In addition, if the applicant has had a substantial            R.S. 46:1403;
history of non-compliance, including but not limited to                              ii. any license issued by the department to operate
revocation of a previous license, operation without a license,            any adult residential care facility as defined in R.S. 40:2153;
or denial of one or more previous applications for licensure,             or
the department may refuse to accept a subsequent                                   iii. any license issued by the department to operate
application from that applicant for a minimum period of two               any transitional youth residence as defined in R.S. 46:1453.
years after the effective date of denial.                                         Provider―all owners or operators of a facility,
        d. The disqualification period provided in this                   including the director of such facility. If the owner is a
Section shall include any affiliate of the provider.                      corporate entity, the owners are the officers, directors, and
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    shareholders of the facility.
36:477 and R.S. 46:1401-1426.                                                     Unlicensed Operation―operation of any child care
   HISTORICAL NOTE: Promulgated by the Department of                      facility or child-placing agency, adult residential care
Health and Human Resources, Office of the Secretary, Division of          facility, or transitional youth residence, at any location,
Licensing and Certification, LR 13:246 (April 1987), amended by
the Department of Social Services, Office of the Secretary, Bureau
                                                                          without a valid, current license issued by the department.
of Licensing, LR 24:2130 (November 1998), repromulgated by the                 2. Disqualification of Facility and Provider
Department of Social Services, Office of the Secretary, Bureau of                 a. If a facility’s license is revoked or not renewed
Residential Licensing, LR 33:2699 (December 2007),                        due to failure to comply with state statutes and licensing
repromulgated by the Department of Social Services, Office of             rules, the department shall not accept a subsequent
Community Services, LR 35:1575 (August 2009), amended by the              application from the provider for that facility or any new
Department of Social Services, Office of Community Services and           facility for a minimum period of two years after the effective
Office of Family Support, LR 36:                                          date of revocation or non-renewal or a minimum period of
§6955. Procedures                                                         two years after all appeal rights have been exhausted,
  A. - E. 5. ….                                                           whichever is later (the disqualification period). Any
  F. Disqualification from Application                                    subsequent application for a license shall be reviewed by the
     1. Definitions, as used in this Section:                             secretary or their designee prior to a decision being made to
       Affiliate—                                                         grant a license. The department reserves the right to
           i. with respect to a partnership, each partner                 determine, at its sole discretion, whether to issue any
thereof;                                                                  subsequent license.
          ii. with respect to a corporation, each officer,                        b. Any voluntary surrender of a license by a facility
director and stockholder thereof;                                         facing the possibility of adverse action against its license
         iii. with respect to a natural person:                           (revocation or non-renewal) shall be deemed to be a
             (a). that person and any individual related by               revocation for purposes of this Rule, and shall trigger the
blood, marriage, or adoption within the third degree of                   same disqualification period as if the license had actually
kinship to that person;                                                   been revoked.

                                                                     33                 Louisiana Register Vol. 36, No. 1 January 20, 2010
       c. In addition, if the applicant has had a substantial            individual does not pose a risk to children or as permitted as
history of non-compliance, including but not limited to                  a result of the appeal process.
revocation of a previous license, operation without a license,                                        Title 67
or denial of one or more previous applications for licensure,                                 SOCIAL SERVICES
the department may refuse to accept a subsequent                                     Part V. Office of Community Services
application from that applicant for a minimum period of two                           Subpart 3. Child Protective Services
years after the effective date of denial.                                Chapter 11.       Administration and Authority
       d. The disqualification period provided in this                   §1103. State Central Registry
Section shall include any affiliate of the provider.                        A. The Department of Social Services, Office of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    Community Services, establishes and will maintain a state
46:1401 et seq.                                                          central registry (SCR) of all reported cases of child abuse
  HISTORICAL NOTE: Promulgated by the Department of                      and neglect. The purpose of the SCR is to compile
Social Services, Office of the Secretary, Bureau of Licensing, LR
                                                                         information of past reports of child abuse or neglect thus
27:1565 (September 2001), repromulgated by the Department of
Social Services, Office of the Secretary, Bureau of Residential          enabling child protection investigation staff to conduct a
Licensing, LR 33:2740 (December 2007), repromulgated by the              more complete evaluation of current reports of suspected
Department of Social Services, Office of Community Services, LR          abuse or neglect of children which may include a pattern of
35:1617 (August 2009), amended by the Department of Social               incidents. All records of reports of child abuse or neglect are
Services, Office of Community Services and Office of Family              confidential in accordance with R. S. 46:56.
Support, LR 36:                                                             B. The Louisiana Children’s Code Article 616, requires
                                                                         the maintenance of a SCR of all reported cases. This
                            Kristy H. Nichols                            includes records of investigations with justified/valid
                            Secretary                                    findings; unjustified/invalid findings in accordance with
1001#003                                                                 Children’s Code Article 615 E(1); and, inconclusive findings
                                                                         for evaluating Court Appointed Special Advocates (CASA)
           DECLARATION OF EMERGENCY                                      volunteers in accordance with Children’s Code Article 616 F.
               Department of Social Services                             As part of the investigation, the Office of Community
               Office of Community Services                              services child protection investigation staff shall provide to
                                                                         caretakers written notice of the SCR and the rules governing
      State Central Registry―Residential Licensing                       maintenance and expungement of SCR records.
    (LAC 67:V.1103, 1105, 6503, 6705, 6955 and 7107)                          1. Records of reports of non-fatality child abuse or
                                                                         neglect in families with determinations that the reports
   The Department of Social Services, Office of Community                appear to be justified/valid will be maintained until the
Services, has exercised the emergency provisions of the                  youngest child in the victim's family at the time of the
Administrative Procedure Code, R.S. 49:953(B) to amend                   investigation reaches the age of 18 or 10 years from the
the Louisiana Administrative Code 67:V., Subpart 3, Child                determination, whichever is longer, unless there is a
Protective Services, Chapter 11; and, Subpart 8, Residential             subsequent report and investigation or alternative response
Licensing, Chapters 65, 67, 69 and 71 effective January 1,               family assessment involving the same perpetrator. In those
2010 pursuant to Act 903 of the 1997 Regular Session of the              cases, the justified/valid records will be maintained until the
Louisiana Legislature; Act 593 of the 1999 Regular Session               longest retention period for all the justified/valid
of the Louisiana Legislature; Act 567 of the 2003 Regular                determinations and assessments has elapsed. When after an
Session of the Louisiana Legislature; Acts 394 and 580 of                investigation, the determination is made by the department
the 2006 Regular Session of the Louisiana Legislature; and,              that the report does appear to be justified/valid, any
Acts 47 and 388 of the 2009 Regular Session of the                       subsequent adjudication by a court exercising juvenile
Louisiana Legislature. This Emergency Rule is necessary to               jurisdiction which dismisses the child in need of care
ensure the safety of children in child care centers and                  petition involving the report shall be added to the state
residential facilities licensed by the department; and,                  registry.
children receiving services from the department by certain                    2. Records of reports of child fatalities in families and
employees.                                                               out of home settings determined to have been caused by
   The content of Subpart 3, Child Protective Services,                  child abuse or neglect will be maintained indefinitely. If
Chapter 11, is substantially amended and reorganized. It                 there are subsequent investigations involving the same
affects the maintenance and release of records on                        perpetrator, the justified/valid records will be maintained
investigations with justified/valid findings and in limited              indefinitely.
circumstances, inconclusive determinations on the state                       3. Records of reports involving caretakers in
central registry; and, the maintenance of records for other              restrictive care facilities, day care centers and registered
investigation determinations by the Office of Community                  family child day care homes that appear to be justified/valid
Services. The amendments to Subpart 8, Residential                       will be maintained for 10 years, unless there is a subsequent
Licensing, Chapters 65, 67, 69 and 71 prohibits any owner,               report and investigation or alternative response family
operator, current or prospective employee, or volunteer of a             assessment involving the same perpetrator. In those cases,
child care facility licensed by the department from working              the justified/valid determinations will be maintained until the
in the facility if the individual’s name is recorded on the              longest retention period for all the justified/valid
state central registry for a justified/valid finding of abuse or         determinations and assessments has elapsed.
neglect, unless the Risk Evaluation Panel determines that the
Louisiana Register Vol. 36, No. 1 January 20, 2010                  34
     4. Records on justified/valid determinations on foster             employee. The information that will be disclosed will
families, when the child victim is a foster child, will be              include whether or not a record of a justified/valid finding of
maintained indefinitely.                                                abuse or neglect was found which identifies the employee or
     5. Information on reports that appear to be not                    prospective employee as a perpetrator. The information will
justified/invalid or inconclusive used as a part of the basis of        be disclosed to the employer or prospective employer.
a later, related and justified/valid report shall become part of             4. The Office of Community Services will disclose
the file for the justified/valid report and will be maintained          information in records of reports of child abuse or neglect
for the length of the time for the justified/valid report.              when requested in writing from persons cited in R.S.
     6. For the limited purpose of evaluating applicants for            46:56(F)(10)(a). The information to be disclosed is limited
CASA volunteers, information on reports with inconclusive               to whether or not the department has a report that is
determinations are maintained on the SCR for the time                   currently open and under investigation or has been
prescribed in Louisiana Administrative Code 67:V.1105.                  determined to be justified/valid, the status of the
     7. Any person whose name is included on the SCR                    investigation, the determination made by the department and
with a justified/valid determination may file a rule to show            any action taken by the department. Action taken by the
cause against the Department of Social Services in the court            department will include the following: case under
exercising juvenile jurisdiction in the parish in which the             investigation, case closed, referred for services, continued
investigation was conducted to show why the information on              services post investigation, and child taken into custody.
file should not be expunged. The Office of Community                         5. The Office of Community Services will disclose
Services will expunge the petitioner's name and other                   information regarding justified/valid reports in foster homes,
identifying information upon receipt of a court order to do             day care centers, restrictive care facilities and registered
so. Any expungement order issued by a court shall not take              family child day care homes to the agency or sponsoring
effect as to non-identifying statistical information on file            agency responsible for the licensure or registration of the
until the three-year record retention period required by                facility.
federal law for audit purposes has expired, counting from the                6. The Office of Community Services will disclose
month and year of the determination. During the three-year              information regarding justified/valid reports when requested
record retention period, such records bearing the non-                  pursuant to R.S. 46:56 (F)(1) and Children’s Code Article
identifying statistical information shall be sealed and                 616 C. with a written request from a judge of a court
accessible only to the financial auditors.                              exercising juvenile jurisdiction for a CASA applicant, with
   C. The Office of Community Services is authorized to                 the applicant’s written consent.
release information maintained on the SCR in limited                         7. The Office of Community Services will provide
circumstances. This information will be released according              SCR records checks for independent adoptions in
to the following provisions.                                            accordance with the Louisiana Children's Code.
     1. The Office of Community Services will disclose                       8. The Office of Community Services will disclose
information maintained on the SCR regarding cases of child              information regarding justified/valid reports when requested
abuse or neglect to other states' child welfare agencies upon           pursuant to R.S. 46:51.2(A) for potential or current
formal inquiry by that agency, when the inquiry is made                 employees of the Department of Social Services when that
pursuant to an ongoing child protection investigation, child            individual’s name is listed on the SCR as a perpetrator. If
protection alternative response, foster care home study,                the individual requests a risk assessment evaluation, this
adoptive home study, or family services case following a                information will also be disclosed to the Risk Evaluation
child protection investigation in the requesting state, in              Panel. Information disclosed shall be limited to those names
accordance with R.S. 46:56(F)(4)(a). This information may               recorded on the SCR subsequent to January 1, 2010.
also be released to private licensed child placing agencies                  9. The Office of Community Services will disclose
located in Louisiana and in other states upon formal inquiry            information on justified/valid findings in accordance with
and verification of licensure. Information released to such             R.S. 46:1414.1. This information will be released according
agencies is confidential and shall not be released to sources           to the following provisions.
outside the agency.                                                             a. The Office of Community Services will disclose
     2. The Office of Community Services will conduct a                 information on justified/valid findings involving any owner,
search of the SCR for foster, adoptive and other home                   operator, current or prospective employee or volunteer of a
studies for the purpose of placement of children who are in             child care facility licensed by the Department of Social
the custody of the department or receiving services from the            Services when requested in writing by law enforcement to
Office of Community Services.                                           prosecute under R.S. 46:1441.1.
     3. The Office of Community Services will disclose                          b. The Office of Community Services will disclose
limited information on a SCR records check when requested               information on justified/valid findings involving any owner,
by an employer or prospective employer of a person who                  operator, volunteer, current or prospective employee of a
will be exercising supervisory authority over that employer's           child care facility licensed by the Department of Social
minor children or other dependent person as part of that                Services when requested in writing by the department’s
person's direct employment and supervision as a caregiver               Child Care and Residential Licensing and Regulatory
by the parent or person with the dependent. The written                 Sections when they have reasonable suspicion or are
request for the information will be a signed and notarized              provided facts that indicate reasonable suspicion the
request form that must be signed by the employee and                    individual’s name is currently maintained on the SCR as a
employer. The form will be provided upon request from the               perpetrator. Reasonable suspicion is defined as licensing
employer, prospective employer, employee, or prospective                having or acquiring information containing specific and

                                                                   35                 Louisiana Register Vol. 36, No. 1 January 20, 2010
articulable facts that indicate that an owner, operator, current          justified/invalid or inconclusive, the information will be
or potential employee or volunteer has been investigated and              maintained until the youngest child in the alleged victim’s
determined to be the perpetrator of abuse or neglect against a            family at the time of the investigation reaches the age of
minor in an investigation with a justified/valid finding                  eighteen or seven years from the date of the latest
currently recorded on the SCR. Upon receipt of the SCR                    determination, whichever is longer. When there are
clearance information that the individual is currently listed             subsequent investigations determined to be justified/valid
as a perpetrator, the appropriate child care or residential               and information from the inconclusive investigation is used
licensing and regulatory personnel shall immediately report               as a part of the basis for a later, related justified/valid
the false information on the disclosure form and the SCR                  determination, the inconclusive report shall become part of
listing to the local district attorney.                                   the file of such justified/valid report and shall cease to be a
        c. If the owner, operator, current or prospective                 separate report. All the information is maintained until the
employee or volunteer of a child care facility licensed by the            longest retention period for the determinations has elapsed.
Department of Social Services discloses, or it becomes                         1. Information regarding a report and investigation
known, that their name is listed on the SCR as a perpetrator              determined to be inconclusive for an adult with an alleged
and requests a risk assessment evaluation, the Office of                  involvement in the abuse/neglect may be released, with the
Community Services will disclose the information on the                   client's written permission when they are applying to be a
SCR to the Risk Evaluation Panel.                                         CASA volunteer, foster parent, adoptive parent, or caregiver
  AUTHORITY NOTE: Promulgated in accordance with the                      pursuant to R.S. 46:56(F)(11).
Louisiana Children’s Code, Title VI, Child in Need of Care,                    2. Information regarding a report and investigation
Chapter 5, Articles 615 and 616, and Title XII, Adoption of               determined to be inconclusive may be released to law
Children, Chapter 2, Article 1173, R.S. 14:403(H), R.S. 46:51.2(A)        enforcement without a client’s consent with a current
R.S 46:56 and R.S. 46:1414.1.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                          criminal investigation involving acts against children.
Social Services, Office of Community Services, LR 18:79 (January             C. The Office of Community Services will maintain
1992), amended LR 20:198 (February 1994), LR 21:583 (June                 information on reports and investigations of child
1995), LR 23:590 (May 1997), LR 26:790 (April 2000), LR                   abuse/neglect in foster homes, restrictive care facilities, day
31:1609 (July 2005), LR 36:                                               care centers, and registered family child day care homes
§1105. Maintenance of Information on Reports and                          determined to be not justified/invalid or inconclusive. These
          Investigations                                                  records will be maintained for seven years unless there is a
   A. The Office of Community Services will maintain                      subsequent report and investigation involving the same
records of investigations on reports of child abuse and/or                alleged perpetrator. In that case, all records will be
neglect in families determined to be not justified/invalid for            maintained an additional seven years for the not
seven years after the determination of the finding. The                   justified/invalid or inconclusive determination.
records will be maintained for the exclusive use of child                    D. Information on investigations determined to be client
protection services to assist in future risk and safety                   non-cooperation will be maintained for seven years unless
assessments and shall not become part of the SCR. The                     there is a subsequent investigation involving the same
information shall be confidential and will not be released to             perpetrator, in which case all records will be maintained
other persons or agencies outside of the Office of                        until the retention period for the subsequent determination
Community Services.                                                       has elapsed.
     1. At the end of seven years from the date of the                       E. Information on investigations determined to be unable
determination, the information will be expunged unless there              to locate will be maintained for three years unless there is a
have been subsequent reports and investigations involving                 subsequent investigation or alternative response family
the same perpetrator.           When there are subsequent                 assessment involving the same perpetrator, in which case all
investigations with determinations of not justified/invalid or            records will be maintained until the retention period for the
inconclusive, all records will be maintained until the                    subsequent determination or assessment has elapsed.
youngest child in the victim’s family at the time of the                     F. Information on intake cases on families and out-of-
investigation reaches the age of eighteen or seven years from             home settings closed as not accepted for an investigation or
the date of the latest determination, whichever is longer.                an alternative response family assessment with current or
     2. When there are subsequent investigations involving                previous Office of Community Services involvement are
the same perpetrator determined to be justified/valid and the             maintained for 18 months or the record retention period for
information from the not justified/invalid report is used as a            the closed or active case, whichever is longer. If a
part of the basis for a later, related justified/valid report, the        subsequent not accepted report involving the same
earlier not justified/invalid report shall become part of the             perpetrator is received within the 18 month retention period,
file of such justified/valid report and shall cease to be a               all intake cases are maintained until the most recent not
separate report, and thus becomes part of the SCR. All the                accepted report has been maintained for 18 months. If there
information is maintained until the retention period for the              are subsequent reports involving the same perpetrator
justified/valid finding has elapsed.                                      accepted for investigation or alternative response family
   B. The Office of Community Services will maintain                      assessment, all not accepted reports are maintained until the
records on reports of child abuse and/or neglect in families              longest retention period for the justified/valid determinations
determined to be inconclusive for seven years after the                   or assessments has elapsed.
determination of the finding unless there is a subsequent                    G. Protective Service Alerts from other states are
report and investigation involving the same perpetrator. If               retained for one year from the month the information is
there is a subsequent investigation determined to be not                  entered into the agency computer tracking and management

Louisiana Register Vol. 36, No. 1 January 20, 2010                   36
system when the protective service alert is not associated               of abuse or neglect, will have 10 calendar days of the date of
with an Office of Community Services case. Protective                    disclosure to request a risk assessment evaluation in
Service Alerts associated with an Office of Community                    accordance with LAC 67:I.305, or must be immediately
Services case are retained for the retention period for the              terminated. As a condition of continued employment the
associated agency case.                                                  employee shall be directly supervised by another staff
   H. Alternative Response Family Assessment records are                 person, who has not disclosed that their name appears with a
retained for seven years from the date of closure. If there are          justified/valid finding on the SCR. Under no circumstances
subsequent investigations or alternative response family                 may the staff person with the justified/valid finding be left
assessments involving the same perpetrator, all information              alone and unsupervised with the residents pending the
will be maintained until the retention period for the                    disposition of the Risk Evaluation Panel that they do not
subsequent determination has elapsed, however in no                      pose a risk to children. When these conditions are met, the
circumstance will the original assessment be maintained for              staff member may be counted in child staff ratio. If the Risk
less than seven years.                                                   Evaluation Panel finds the individual does pose a risk to
  AUTHORITY NOTE: Promulgated in accordance with Act                     children and the individual chooses to appeal the finding, the
593 of 1999 and Act 457 of 2004.                                         employee must continue to have direct supervision by a staff
  HISTORICAL NOTE: Promulgated by the Department of                      person who has not disclosed that they have a justified/valid
Social Services, Office of Community Services, LR 26:96 (January         finding on the SCR at all times until a ruling by the Division
2000), amended LR 31:1608 (July 2005), LR 36:
                                                                         of Administrative Law that they do not pose a risk to
              Subpart 8. Residential Licensing
                                                                         children. Supervision may end effective with such a ruling
Chapter 65. Transitional Living
                                                                         from the Division of Administrative Law. If the Division of
§6503. Authority
                                                                         Administrative Law upholds the Risk Evaluation Panel
   A. …
                                                                         finding that they do pose a risk to children, they shall be
   B. Conditions for Owners, Operators, Employees, and
                                                                         immediately terminated.
Volunteers. Any owner, operator, current or prospective
                                                                                 d. Individuals currently providing volunteer
employee, or volunteer of a transitional living facility
                                                                         services on January 1, 2010 who disclose, or as the result of
licensed by the Department of Social Services is prohibited
                                                                         information known or received by the Department of Social
from working in a transitional living facility if the individual
                                                                         Services, their name is currently recorded on the SCR with a
discloses, or as the result of information known or received
                                                                         justified/valid finding of abuse or neglect must be
by the Department of Social Services, that individual’s name
                                                                         immediately discharged from volunteer duties at the
is recorded on the SCR as a perpetrator for a justified/valid
                                                                         transitional living facility until a Risk Evaluation Panel
finding of abuse or neglect of a child, unless there is a
                                                                         disposition or a Division of Administrative Law ruling that
finding by the Risk Evaluation Panel or a ruling by the
                                                                         the individual does not pose a risk to children.
Division of Administrative Law that the individual does not
                                                                                 e. SCR disclosure forms, documentation of any
pose a risk to children.
                                                                         disposition of the Risk Evaluation Panel and, when
     1. An individual owning, operating, employed by, or
                                                                         applicable, the Division of Administrative Law ruling shall
volunteering in a transitional living facility licensed by the
                                                                         be maintained in accordance with current department
department prior to January 1, 2010 shall be required to
                                                                         licensing requirements and be available for review by Office
complete a SCR disclosure form on or before February 1,
                                                                         of Community Services Residential Licensing and
2010. This information must be reported at the time of
                                                                         Regulatory personnel during the facility’s hours of
application, annually, at any time upon the request of the
                                                                         operation. They shall be kept on file a minimum of one year
department, and within three working days of any such
                                                                         from termination of the employee or volunteer from the
individual receiving notice of a justified/valid determination
                                                                         facility.
of child abuse/neglect.
                                                                              2. Any information received or knowledge acquired
        a. The owner, operator, current or prospective
                                                                         that a current owner, operator, volunteer, employee or
employee, or volunteer of the licensed transitional living
                                                                         prospective employee or volunteer has falsified a SCR
facility shall complete, sign and date the SCR disclosure
                                                                         disclosure form stating that they are not currently recorded
form. The current or prospective employee or volunteer shall
                                                                         as a perpetrator with a justified/valid determination of abuse
submit the disclosure form to the owner or operator of the
                                                                         or neglect shall be reported in writing to the child residential
facility. The owner or operator shall also be required to
                                                                         licensing program manager at the Department of Social
provide documentation of his or her SCR disclosure form.
                                                                         Services, Office of Community Services, Residential
        b. If a prospective employee or volunteer discloses,
                                                                         Licensing and Regulatory Section as soon as possible, but no
that his or her name is currently recorded as a perpetrator on
                                                                         later than the close of business on the next working day.
the       SCR,      the     transitional      living     facility
                                                                              3. Any SCR disclosure form, Risk Evaluation Panel
representative/prospective employer shall inform the
                                                                         finding, and Division of Administrative Law ruling that is
applicant they will not be considered for employment or
                                                                         maintained in a transition living facility licensing file, shall
volunteer duties at the time due to the SCR disclosure and
                                                                         be confidential and subject to the confidentiality provisions
the transitional living facility representative/prospective
                                                                         of R.S. 46:56(F) pertaining to the investigations of abuse and
employer will provide the prospective employee/volunteer,
                                                                         neglect.
with the request for risk panel evaluation form.
                                                                              4. Violations of any of the provisions of this section
        c. Any current employee hired before January 1,
                                                                         will result in licensing enforcement actions up to and
2010, that discloses, or as the result of information known or
                                                                         including revocation of the license to operate.
received by the Department of Social Services, their name is
currently recorded on the SCR with a justified/valid finding
                                                                    37                 Louisiana Register Vol. 36, No. 1 January 20, 2010
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   pose a risk to children. When these conditions are met, the
36:477, R.S. 46:1451 et seq. and Act 726 of the 2001 Legislative         staff member may be counted in child staff ratio. If the Risk
Session.                                                                 Evaluation Panel finds the individual does pose a risk to
   HISTORICAL NOTE: Promulgated by the Department of                     children and the individual chooses to appeal the finding, the
Social Services, Office of the Secretary, Bureau of Licensing, LR
30:92 (January 2004), repromulgated by the Department of Social
                                                                         employee must continue to have direct supervision by a staff
Services, Office of Family Support, LR 33:2686 (December 2007),          person who has not disclosed that they have a justified/valid
repromulgated by the Department of Social Services, Office of            finding on the SCR at all times until a ruling by the Division
Community Services, LR 35:1561 (August 2009), amended LR 36:             of Administrative Law that they do not pose a risk to
Chapter 67. Maternity Home                                               children. Supervision may end effective with such a ruling
§6705. Application                                                       from the Division of Administrative Law. If the Division of
   A. …                                                                  Administrative Law upholds the Risk Evaluation Panel
   B. Conditions for Owners, Operators, Employees, and                   finding that they do pose a risk to children, they shall be
Volunteers. Any owner, operator, current or prospective                  immediately terminated.
employee, or volunteer of a maternity home facility licensed                     d. Individuals currently providing volunteer
by the Department of Social Services is prohibited from                  services on January 1, 2010 who disclose, or as the result of
working in a maternity home facility if the individual                   information known or received by the Department of Social
discloses, or as the result of information known or received             Services, their name is currently recorded on the SCR with a
by the Department of Social Services, that individual’s name             justified/valid finding of abuse or neglect must be
is recorded on the SCR as a perpetrator for a justified/valid            immediately discharged from volunteer duties at the
finding of abuse or neglect of a child, unless there is a                maternity home facility until a Risk Evaluation Panel
finding by the Risk Evaluation Panel or a ruling by the                  disposition or a Division of Administrative Law ruling that
Division of Administrative Law that the individual does not              the individual does not pose a risk to children.
pose a risk to children.                                                         e. State central registry disclosure forms,
     1. An individual owning, operating, employed by or                  documentation of any disposition of the Risk Evaluation
volunteering in a maternity home facility licensed by the                Panel and, when applicable, the Division of Administrative
department prior to January 1, 2010 shall be required to                 Law ruling shall be maintained in accordance with current
complete a SCR disclosure form on or before February 1,                  department licensing requirements and be available for
2010. This information must be reported at the time of                   review by Office of Community Services Residential
application, annually, at any time upon the request of the               Licensing and Regulatory personnel during the facility’s
department, and within three working days of any such                    hours of operation. They shall be kept on file a minimum of
individual receiving notice of a justified/valid determination           one year from termination of the employee or volunteer from
of child abuse/neglect.                                                  the facility.
        a. The owner, operator, current or prospective                        2. Any information received or knowledge acquired
employee, or volunteer of a maternity home facility shall                that a current owner, operator, volunteer, employee or
complete, sign and date the SCR disclosure form. The                     prospective employee or volunteer has falsified a SCR
current or prospective employee or volunteer shall submit                disclosure form stating that they are not currently recorded
the disclosure form to the owner or operator of the facility.            as a perpetrator with a justified/valid determination of abuse
The owner or operator shall also be required to provide                  or neglect shall be reported in writing to the Child
documentation of his or her SCR disclosure form.                         Residential Licensing Program Manager at the Department
        b. If a prospective employee or volunteer discloses              of Social Services, Office of Community Services,
that his or her name is currently recorded as a perpetrator on           Residential Licensing and Regulatory Section as soon as
the       SCR,       the      maternity       home      facility         possible, but no later than the close of business on the next
representative/prospective employer shall inform the                     working day.
applicant they will not be considered for employment or                       3. Any SCR disclosure form, Risk Evaluation Panel
volunteer duties at the time due to the SCR disclosure and               finding and Division of Administrative Law ruling that is
the maternity home facility representative/prospective                   maintained in a maternity home facility licensing file shall
employer will provide the prospective employee/volunteer,                be confidential and subject to the confidentiality provisions
with the request for risk panel evaluation form.                         of R.S. 46:56(F) pertaining to the investigations of abuse and
        c. Any current employee hired before January 1,                  neglect.
2010, that discloses, or as the result of information known or                4. Violations of any of the provisions of this section
received by the Department of Social Services, their name is             will result in licensing enforcement actions up to and
currently recorded on the SCR with a justified/valid finding             including revocation of the license to operate.
of abuse or neglect will have 10 calendar days of the date of               AUTHORITY NOTE: Promulgated in accordance with R.S.
disclosure to request a risk assessment evaluation in                    36:477 and R.S. 46:1401-11.
                                                                            HISTORICAL NOTE: Promulgated by the Department of
accordance with LAC 67:I.305 or must be immediately
                                                                         Health and Human Resources, Office of the Secretary, Division of
terminated. As a condition of continued employment the                   Licensing and Certification, LR 13:246 (April 1987),
employee shall be directly supervised by another staff                   repromulgated by the Department of Social Services, Office of the
person, who has not disclosed that their name appears with a             Secretary, Bureau of Residential Licensing, LR 33:2694 (December
justified/valid finding on the SCR. Under no circumstances               2007), repromulgated by the Department of Social Services, Office
may the staff person with the justified/valid finding be left            of Community Services, LR 35:1570 (August 2009), amended LR
alone and unsupervised with the residents pending the                    36:
disposition of the Risk Evaluation Panel that they do not

Louisiana Register Vol. 36, No. 1 January 20, 2010                  38
Chapter 69. Child Residential Care―Class B                               children. Supervision may end effective with such a ruling
§6955. Procedures                                                        from the Division of Administrative Law. If the Division of
   A. - E.5. …                                                           Administrative Law upholds the Risk Evaluation Panel
   F. Conditions for Owners, Operators, Employees, and                   finding that they do pose a risk to children, they shall be
Volunteers. Any owner, operator, current or prospective                  immediately terminated.
employee, or volunteer of a child residential facility licensed                  d. Individuals currently providing volunteer
by the Department of Social Services is prohibited from                  services on January 1, 2010 who disclose, or as the result of
working in a child residential facility if the individual                information known or received by the Department of Social
discloses, or as the result of information known or received             Services, their name is currently recorded on the SCR with a
by the Department of Social Services, that individual’s name             justified/valid finding of abuse or neglect must be
is recorded on the SCR as a perpetrator for a justified/valid            immediately discharged from volunteer duties at the child
finding of abuse or neglect of a child, unless there is a                residential facility until a Risk Evaluation Panel disposition
finding by the Risk Evaluation Panel or a ruling by the                  or a Division of Administrative Law ruling that the
Division of Administrative Law that the individual does not              individual does not pose a risk to children.
pose a risk to children.                                                         e. SCR disclosure forms, documentation of any
     1. An individual owning, operating, employed by, or                 disposition of the Risk Evaluation Panel and, when
volunteering in a child residential facility licensed by the             applicable, the Division of Administrative Law ruling shall
department prior to January 1, 2010 shall be required to                 be maintained in accordance with current department
complete a SCR disclosure form on or before February 1,                  licensing requirements and be available for review by Office
2010. This information must be reported at the time of                   of Community Services Residential Licensing and
application, annually, at any time upon the request of the               Regulatory personnel during the facility’s hours of
department, and within three working days of any such                    operation. They shall be kept on file a minimum of one year
individual receiving notice of a justified/valid determination           from termination of the employee or volunteer from the
of child abuse/neglect.                                                  facility.
        a. The owner, operator, current or prospective                        2. Any information received or knowledge acquired
employee, or volunteer of a child residential facility shall             that a current owner, operator, volunteer, employee or
complete, sign and date the SCR disclosure form. The                     prospective employee or volunteer has falsified a SCR
current or prospective employee or volunteer shall submit                disclosure form stating that they are not currently recorded
the disclosure form to the owner or operator of the facility.            as a perpetrator with a justified/valid determination of abuse
The owner or operator shall also be required to provide                  or neglect shall be reported in writing to the child residential
documentation of his or her SCR disclosure form.                         licensing program manager at the Department of Social
        b. If a prospective employee or volunteer discloses              Services, Office of Community Services, Residential
that his or her name is currently recorded as a perpetrator on           Licensing and Regulatory Section as soon as possible, but no
the       SCR,       the     child       residential     facility        later than the close of business on the next working day.
representative/prospective employer shall inform the                          3. Any SCR disclosure form, Risk Evaluation Panel
applicant they will not be considered for employment or                  finding and Division of Administrative Law ruling that is
volunteer duties at the time due to the SCR disclosure and               maintained in a child residential facility licensing file shall
the child residential facility representative/prospective                be confidential and subject to the confidentiality provisions
employer will provide the prospective employee/volunteer,                of R.S. 46:56(F) pertaining to the investigations of abuse and
with the request for risk panel evaluation form.                         neglect.
        c. Any current employee hired before January 1,                       4. Violations of any of the provisions of this section
2010, that discloses, or as the result of information known or           will result in licensing enforcement actions up to and
received by the Department of Social Services, their name is             including revocation of the license to operate.
currently recorded on the SCR with a justified/valid finding               AUTHORITY NOTE: Promulgated in accordance with R.S.
of abuse or neglect will have 10 calendar days of the date of            36:477 and R.S. 46:1410 et seq.
disclosure to request a risk assessment evaluation in                      HISTORICAL NOTE: Promulgated by the Department of
                                                                         Social Services, Office of the Secretary, Bureau of Licensing, LR
accordance with LAC 67:I.305 or must be immediately
                                                                         27:1565 (September 2001), repromulgated by the Department of
terminated. As a condition of continued employment the                   Social Services, Office of the Secretary, Bureau of Residential
employee shall be directly supervised by another staff                   Licensing, LR 33:2740 (December 2007), repromulgated by the
person, who has not disclosed that their name appears with a             Department of Social Services, Office of Community Services, LR
justified/valid finding on the SCR. Under no circumstances               35:1617 (August 2009), amended LR 36:
may the staff person with the justified/valid finding be left            Chapter 71. Child Residential Care―Class A
alone and unsupervised with the residents pending the                    §7107. Licensing Requirements
disposition of the Risk Evaluation Panel that they do not                   A. - J.6. Reserved.
pose a risk to children. When these conditions are met, the                 K. Conditions for Owners, Operators, Employees, and
staff member may be counted in child staff ratio. If the Risk            Volunteers. Any owner, operator, current or prospective
Evaluation Panel finds the individual does pose a risk to                employee, or volunteer of a child residential facility licensed
children and the individual chooses to appeal the finding, the           by the Department of Social Services is prohibited from
employee must continue to have direct supervision by a staff             working in a child residential facility if the individual
person who has not disclosed that they have a justified/valid            discloses, or as the result of information known or received
finding on the SCR at all times until a ruling by the Division           by the Department of Social Services, that individual’s name
of Administrative Law that they do not pose a risk to                    is recorded on the SCR as a perpetrator for a justified/valid
                                                                    39                 Louisiana Register Vol. 36, No. 1 January 20, 2010
finding of abuse or neglect of a child, unless there is a               residential facility until a Risk Evaluation Panel disposition
finding by the Risk Evaluation Panel or a ruling by the                 or a Division of Administrative Law ruling that the
Division of Administrative Law that the individual does not             individual does not pose a risk to children.
pose a risk to children.                                                        e. SCR disclosure forms, documentation of any
     1. An individual owning, operating, employed by, or                disposition of the Risk Evaluation Panel and, when
volunteering in a child residential facility licensed by the            applicable, the Division of Administrative Law ruling shall
department prior to January 1, 2010 shall be required to                be maintained in accordance with current department
complete a SCR disclosure form on or before February 1,                 licensing requirements and be available for review by Office
2010. This information must be reported at the time of                  of Community Services Residential Licensing and
application, annually, at any time upon the request of the              Regulatory personnel during the facility’s hours of
department, and within three working days of any such                   operation. They shall be kept on file a minimum of one year
individual receiving notice of a justified/valid determination          from termination of the employee or volunteer from the
of child abuse/neglect.                                                 facility.
        a. The owner, operator, current or prospective                       2. Any information received or knowledge acquired
employee, or volunteer of the licensed child residential                that a current owner, operator, volunteer, employee or
facility shall complete, sign and date the SCR disclosure               prospective employee or volunteer has falsified a SCR
form. The current or prospective employee or volunteer shall            disclosure form stating that they are not currently recorded
submit the disclosure form to the owner or operator of the              as a perpetrator with a justified/valid determination of abuse
facility. The owner or operator shall also be required to               or neglect shall be reported in writing to the Child
provide documentation of his or her SCR disclosure form.                Residential Licensing Program Manager at the Department
        b. If a prospective employee or volunteer discloses             of Social Services, Office of Community Services,
that his or her name is currently recorded as a perpetrator on          Residential Licensing and Regulatory Section as soon as
the       SCR,       the     child       residential    facility        possible, but no later than the close of business on the next
representative/prospective employer shall inform the                    working day.
applicant they will not be considered for employment or                      3. Any SCR disclosure form, Risk Evaluation Panel
volunteer duties at the time due to the SCR disclosure and              finding and Division of Administrative Law ruling that is
the child residential facility representative/prospective               maintained in a child residential facility licensing file shall
employer will provide the prospective employee/volunteer,               be confidential and subject to the confidentiality provisions
with the request for risk panel evaluation form.                        of R.S. 46:56(F) pertaining to the investigations of abuse and
        c. Any current employee hired before January 1,                 neglect.
2010, that discloses, or as the result of information known or               4. Violations of any of the provisions of this section
received by the Department of Social Services, their name is            will result in licensing enforcement actions up to and
currently recorded on the SCR with a justified/valid finding            including revocation of the license to operate.
of abuse or neglect will have 10 calendar days of the date of             AUTHORITY NOTE: Promulgated in accordance with R.S.
disclosure to request a risk assessment evaluation in                   36:477, R.S.46:1401-1424 and R.S. 46:1414.1.
accordance with LAC 67:I.305 or must be immediately                       HISTORICAL NOTE: Promulgated by the Department of
terminated. As a condition of continued employment the                  Social Services, Office of Community Services, LR 36:
employee shall be directly supervised by another staff
person, who has not disclosed that their name appears with a                                       Kristy H. Nichols
justified/valid finding on the SCR. Under no circumstances                                         Secretary
                                                                        1001#011
may the staff person with the justified/valid finding be left
alone and unsupervised with the residents pending the                              DECLARATION OF EMERGENCY
disposition of the Risk Evaluation Panel that they do not
pose a risk to children. When these conditions are met, the                            Department of Social Services
staff member may be counted in child staff ratio. If the Risk                            Office of Family Support
Evaluation Panel finds the individual does pose a risk to
children and the individual chooses to appeal the finding, the                       Child Care Assistance―Job Search
employee must continue to have direct supervision by a staff                         (LAC 67:III. 5103, 5104 and 5109)
person who has not disclosed that they have a justified/valid
finding on the SCR at all times until a ruling by the Division             The Department of Social Services (DSS), Office of
of Administrative Law that they do not pose a risk to                   Family Support (OFS), has exercised the emergency
children. Supervision may end effective with such a ruling              provision in accordance with R.S. 49:953(B), the
from the Division of Administrative Law. If the Division of             Administrative Procedure Act, to amend LAC 67:III,
Administrative Law upholds the Risk Evaluation Panel                    Subpart 12, Chapter 51, §§5103, 5104, and 5109, Child Care
finding that they do pose a risk to children, they shall be             Assistance Program. This Emergency Rule effective January
immediately terminated.                                                 1, 2010, will remain in effect for a period of 120 days.
        d. Individuals currently providing volunteer                       Due to the necessity of operating the Child Care
services on January 1, 2010 who disclose, or as the result of           Assistance Program (CCAP) with available funding, the
information known or received by the Department of Social               agency feels it is necessary to discontinue Job Search as a
Services, their name is currently recorded on the SCR with a            countable Employment and Training (E&T) activity. Due to
justified/valid finding of abuse or neglect must be                     budget constraints, this will align with the department's
immediately discharged from volunteer duties at the child               requirement to ensure core services are provided to assist

Louisiana Register Vol. 36, No. 1 January 20, 2010                 40
needy families during difficult economic times. This Rule               §5104. Reporting Requirements Effective February 1,
should result in a reduction of CCAP cases and will allow                         2004
the department to address the child care needs of participants             A. - B.1. ...
who are currently employed or in an approved educational                     2. an interruption of at least three weeks or
activity.                                                               termination of any TEMP’s employment or training; or
                            Title 67                                         3. a child receiving CCAP services leaves the home.
                     SOCIAL SERVICES                                      AUTHORITY NOTE: Promulgated in accordance with 45 CFR
              Part III. Office of Family Support                        Parts 98 and 99, P.L. 104-193, 7 CFR Part 273, ACF Guidance:
              Subpart 12. Child Care Assistance                         ACYF-IM-CC-05-03.
Chapter 51. Child Care Assistance Program                                 HISTORICAL NOTE: Promulgated by the Department of Social
Subchapter A. Administration, Conditions of Eligibility,                Services, Office of Family Support, LR 30:1487 (July 2004),
                                                                        amended LR 31:2263 (September 2005), LR 32:1464 (August
                  and Funding
                                                                        2006), LR 36:
§5103. Conditions of Eligibility                                                      Subpart 12. Child Care Assistance
   A. - B.3. ...
                                                                        Chapter 51. Child Care Assistance Program
     4.      Effective September 1, 2002, unless disabled as
                                                                        Subchapter B. Child Care Providers
established by receipt of Social Security Administration
                                                                        §5109. Payment
Disability benefits, Supplemental Security Income, Veterans’
                                                                           A. - B.3.a. ...
Administration Disability benefits for a disability of at least
                                                                                b. the number of hours the head of household, the
70 percent, or unless disabled and unable to care for his/her
                                                                        head of household’s spouse or non-legal spouse, or the
child(ren) as verified by a doctor's statement or by worker
                                                                        minor unmarried parent is working and/or attending a job
determination, the TEMP must be:
                                                                        training or educational program each week, plus one hour
        a. employed for a minimum average of 25 hours per
                                                                        per day for travel to and from such activity; or
week and all countable employment hours must be paid at
                                                                           B.3.c. - F. ...
least at the federal minimum hourly wage; or                               AUTHORITY NOTE: Promulgated in accordance with 45
        b. attending a job training or educational program              CFR Parts 98 and 99, and P.L. 104-193, ACF Guidance: ACYF-IM-
for a minimum average of, effective April 1, 2003, 25 hours             CC-05-03.
per week (attendance at a job training or educational                      HISTORICAL NOTE: Promulgated by the Department of
program must be verified, including the expected date of                Social Services, Office of Family Support, LR 24:357 (February
completion); or                                                         1998), amended LR 25:2445(December 1999), LR 26:2828
        c. engaged in some combination of employment                    (December 2000), LR 27:1933 (November 2001), LR 28:1491
which is paid at least at the federal minimum hourly wage,              (June 2002), LR 29:1834 (September 2003), LR 30:1485 (July
                                                                        2004), repromulgated LR 30:2078 (September 2004), amended LR
or job training, or education as defined in Subparagraph
                                                                        31:2265 (September 2005), LR 32:1465 (August 2006), LR
B.4.b of this Section that averages, effective April 1, 2003, at        32:2097 (November 2006), LR 33:507 (March 2007), LR 34:692
least 25 hours per week.                                                (April 2008), LR 36:
        d. Exception: a household in which all of the
members described in Paragraph B.4 of this section meet the                                        Kristy H. Nichols
disability criteria is not eligible for child care assistance                                      Secretary
unless one of those members meets, effective April 1, 2003,             1001#001
the required minimum average of 25 activity hours per
week.                                                                              DECLARATION OF EMERGENCY
   B.5. - B.6. ...
     7. The family requests child care services, provides                             Department of Social Services
the information and verification necessary for determining                              Office of Family Support
eligibility and benefit amount, and meets appropriate
application requirements established by the state. Required                    Child Care Licensing―State Central Registry
verification includes birth verification for all children under                  (LAC 67:III 7302,7304,7355, and 7357)
18 years of age, proof of all countable household income,
proof of the hours of all employment or education/training,                The Department of Social Services (DSS), Office of
and effective October 1, 2004, proof of immunization for                Family Support (OFS), has exercised the emergency
each child in need of care.                                             provisions of the Administrative Procedure Act, R.S.
   B.8 - D. ...                                                         49:953(B) to adopt the Louisiana Administrative Code
   AUTHORITY NOTE: Promulgated in accordance with 45                    (LAC) Title 67, Part III, Subpart 21, Chapter 73, Sections
CFR Parts 98 and 99, P.L.104-193, Act 58 2003 Reg. Session, ACF         7302, 7304, 7355 and 7357. This Emergency Rule shall
Guidance: ACYF-IM-CC-05-03.                                             remain in effect for a period of 120 days and becomes
   HISTORICAL NOTE: Promulgated by the Department of                    effective January 1, 2010.
Social Services, Office of Family Support, LR 24:356 (February             The department finds it necessary to adopt this emergency
1998), amended LR 25:2444 (December 1999), LR 26:2827                   rule, finding that an imminent threat to the safety and
(December 2000), LR 27:1932 (November 2001), LR 28:1490                 welfare of children in child care facilities licensed by the
(June 2002), LR 29:43 (January 2003), LR 29:1106 (July 2003),
                                                                        Department of Social Services exists. Pursuant to Act 388 of
LR 29:1833 (September 2003), LR 30:496 (March 2004), LR
30:1487 (July2004), LR 31:101 (January 2005), LR 31:2263                the 2009 Regular Session of the Louisiana Legislature, the
(September 2005), LR 32:1464 (August 2006), LR 33:506 (March            Department of Social Services finds it necessary to adopt
2007), LR 34:692 (April 2008), LR 36:                                   this Rule which prohibits any owner, operator, current or

                                                                   41                Louisiana Register Vol. 36, No. 1 January 20, 2010
prospective employee, or volunteer of a child care facility              pending the disposition of the Risk Evaluation Panel that
licensed by the department from working in the facility if the           they do not pose a risk to children. When these conditions
individual’s name is recorded on the state central registry for          are met, the employee/volunteer may be counted in child
a justified (valid) finding of abuse or neglect, unless the Risk         staff ratio. If the Risk Evaluation Panel finds the individual
Evaluation Panel determines that the individual does not                 does pose a risk to children and the individual chooses not to
pose a risk to children or as permitted as a result of the               appeal the finding, the employee/volunteer shall be
appeal process. This Rule is necessary to ensure the safety of           terminated immediately. If the Risk Evaluation Panel finds
children in child care centers licensed by the department.               the individual does pose a risk to children and the individual
                             Title 67                                    appeals the finding within the required timeframe, the
                      SOCIAL SERVICES                                    employee/volunteer shall continue to have direct supervision
              Part III. Office of Family Support                         at all times by another paid employee of the facility who has
              Subpart 21. Child Care Licensing                           not disclosed that they have a justified finding on the state
Chapter 73. Day Care Centers                                             central registry until a ruling by the Division of
Subchapter A. Licensing Class "A" Regulations for                        Administrative Law that they do not pose a risk to children.
                  Child Care Centers                                     Supervision may end effective with such a ruling from the
§7302. Authority                                                         Division of Administrative Law. If the Division of
   A. - E. ...                                                           Administrative Law upholds the Risk Evaluation Panel
   F. Conditions for Owners, Operators, Employees and                    finding that they do pose a risk to children, they shall be
Volunteers. Any owner, operator, current or prospective                  terminated immediately.
employee, or volunteer of a child care facility requesting                    2. After January 1, 2010, any prospective owner,
licensure by the department and/or a child care facility                 operator, or prospective employee/volunteer of a child care
licensed by the Department of Social Services is prohibited              facility requesting licensure by the department and/or the
from working in a child care facility if the individual                  child care facility licensed by the department shall be
discloses, or as the result of information known or received             required to complete a state central registry disclosure form.
by the Department of Social Services, that individual’s name             This information shall be reported at the time of application,
is recorded on the state central registry (SCR) as a                     annually, at any time upon the request of the department, and
perpetrator for a justified (valid) finding of abuse or neglect          within three working days of any such individual receiving
of a child, unless there is a finding by the Risk Evaluation             notice of a justified (valid) determination of child abuse or
Panel or a ruling by the Division of Administrative Law that             neglect.
the individual does not pose a risk to children.                                  a. The prospective employee/volunteer of a child
     1. An individual owning, operating, employed by or                  care facility requesting licensure by the department and/or
volunteering in a child care facility prior to January 1, 2010,          licensed child care facility shall complete, sign and date the
licensed by the department shall be required to complete a               state central registry disclosure form. The prospective
state central registry disclosure form on or before February             employee/volunteer shall submit the disclosure form to the
1, 2010. This information shall be reported at the time of               owner or operator of the facility. The owner or operator shall
application, annually, at any time upon the request of the               also be required to provide documentation of his or her state
department, and within three working days of any such                    central registry disclosure form.
individual receiving notice of a justified (valid)                                b. If a prospective operator, employee/volunteer
determination of child abuse or neglect.                                 discloses that his or her name is currently recorded as a
        a. The         owner,      operator,     and      current        perpetrator on the state central registry, the child care facility
employee/volunteer of the licensed child care facility shall             representative/prospective employer shall inform the
complete, sign and date the state central registry disclosure            applicant they will not be considered for employment or
form. The current or prospective employee/volunteer shall                volunteer duties at the time due to the state central registry
submit the disclosure form to the owner or operator of the               disclosure        and     the      child        care      facility
facility. The owner or operator shall also be required to                representative/prospective employer will provide the
provide documentation of his or her state central registry               prospective employee/volunteer with the request for risk
disclosure form.                                                         panel evaluation form.
        b. Any current employee/volunteer hired before                        3. SCR disclosure forms, documentation of any
January 1, 2010, who discloses that their name is recorded               disposition of the Risk Evaluation Panel and, when
on the state central registry with a justified (valid) finding of        applicable, the Division of Administrative Law ruling shall
abuse or neglect, or through reasonable suspicion, or as the             be maintained in accordance with current department
result of information known or received by the Department                licensing requirements and be available for review by Child
of Social Services will have 10 calendar days from                       Care Licensing and Regulatory personnel during the
completion of the state central registry disclosure form to              facility’s hours of operation. They shall be kept on file a
request a risk assessment evaluation in accordance with                  minimum of one year from termination of the employee or
LAC 67:I.305 or shall be terminated immediately. As a                    volunteer from the center.
condition of continued employment the employee/volunteer                      4. Any information received or knowledge acquired
shall be directly supervised by another paid employee of the             that a current or prospective owner, operator, volunteer,
facility, who has not disclosed that their name appears with a           employee or prospective employee or volunteer has falsified
justified (valid) finding on the state central registry. Under           a state central registry disclosure form stating that they are
no circumstances may the staff person with the justified                 not currently recorded as a perpetrator with a justified (valid)
finding be left alone and unsupervised with the children                 determination of abuse or neglect shall be reported in writing

Louisiana Register Vol. 36, No. 1 January 20, 2010                  42
to a Child Care Licensing manager at the Department of                       AUTHORITY NOTE: Promulgated in accordance with R.S.
Social Services, Office of Family Support, Child Care                     46:1401 et seq.
Licensing and Regulatory Section as soon as possible, but no                 HISTORICAL NOTE: Promulgated by the Department of
later than the close of business on the next working day.                 Health and Human Resources, Office of the Secretary, Division of
                                                                          Licensing and Certification, LR 13:246 (April 1987), amended by
     5. Any state central registry disclosure form, Risk                  the Department of Social Services, Office of the Secretary, Bureau
Evaluation Panel finding and Division of Administrative                   of Licensing, LR 20:450 (April 1994), LR 24:2345 (December
Law ruling that is maintained in a child care facility                    1998), LR 29:1111 (July 2003), repromulgated by the Department
licensing file shall be confidential and subject to the                   of Social Services, Office of Family Support, LR 33:2758
confidentiality provisions of R.S. 46:56(F) pertaining to the             (December 2007) amended by the Department of Social Services,
investigations of abuse and neglect.                                      Office of Family Support, LR 36
     6. Violations of any of the provisions of this section                            Subpart 21. Child Care Licensing
shall result in licensing enforcement actions up to and                   Chapter 73. Day Care Centers
including revocation of the license to operate.                           Subchapter B. Licensing Class "B" Regulations for
   AUTHORITY NOTE: Promulgated in accordance with R.S.                                      Child Care Centers
46:1401 et seq.                                                           §7355. Authority
   HISTORICAL NOTE: Promulgated by the Department of                         A. - E. ...
Health and Human Resources, Office of the Secretary, Division of             F. Conditions for Owners, Operators, Employees and
Licensing and Certification, LR 13:246 (April 1987), amended by
                                                                          Volunteers. Any owner, operator, current or prospective
the Department of Social Services, Office of the Secretary, Bureau
of Licensing, LR 20:450 (April 1994), LR 24:2345 (December                employee, or volunteer of a child care facility requesting
1998), LR 29:1107 (July 2003), repromulgated by the Department            licensure by the department and/or a child care facility
of Social Services, Office of Family Support, LR 33:2755                  licensed by the Department of Social Services is prohibited
(December 2007), amended by the Department of Social Services,            from working in a child care facility if the individual
Office of Family Support, LR 36:                                          discloses, or as the result of information known or received
§7304. Definitions                                                        by the Department of Social Services, that individual’s name
                               ***                                        is recorded on the SCR as a perpetrator for a justified (valid)
   Department―the Department of Social Services in                        finding of abuse or neglect of a child, unless there is a
Louisiana.                                                                finding by the Risk Evaluation Panel or a ruling by the
                               ***                                        Division of Administrative Law that the individual does not
   Director―refers to executive director, center director,                pose a risk to children.
and/or director designee.                                                      1. An individual owning, operating, employed by or
                               ***                                        volunteering in a child care facility prior to January 1, 2010,
   Child Care Staff―all full or part-time paid or non-paid                licensed by the department shall be required to complete a
staff who perform routine services for the child care center              state central registry disclosure form on or before February
and have direct or indirect contact with children at the                  1, 2010. This information shall be reported at the time of
center. Staff includes the director, child care staff, and any            application, annually, at any time upon the request of the
other employees of the center such as the cook, housekeeper,              department, and within three working days of any such
driver, substitutes, and foster grandparents excluding extra-             individual receiving notice of a justified (valid)
curricular personnel.                                                     determination of child abuse or neglect.
                               ***                                                a. The owner, operator, current employee, and
   Employee―all full or part-time paid center staff who                   current employee/volunteer of the licensed child care facility
perform services for the child care center and have direct or             shall complete, sign and date the state central registry
indirect contact with children at the center.                             disclosure form. The current employee/volunteer shall
                               ***                                        submit the disclosure form to the owner or operator of the
   Reasonable Suspicion―Child Care Licensing and                          facility. The owner or operator shall also be required to
                                                                          provide documentation of his or her state central registry
Regulatory personnel has or acquires information containing
                                                                          disclosure form.
specific and articulable facts indicating that an owner,
                                                                                  b. Any current employee/volunteer hired before
operator, current or potential employee or volunteer has been
                                                                          January 1, 2010, who discloses that their name is recorded
investigated and determined to be the perpetrator of abuse or             on the state central registry with a justified (valid) finding of
neglect against a minor in an investigation with a justified              abuse or neglect, or through reasonable suspicion, or as the
(valid) finding currently recorded on the state central                   result of information known or received by the Department
registry.                                                                 of Social Services will have 10 calendar days to request a
                               ***                                        risk assessment evaluation in accordance with LAC 67:I.305
   State Central Registry―repository that identifies any                  or shall be terminated immediately. As a condition of
individual reported to have a justified (valid) finding of                continued employment, the employee/volunteer shall be
abuse or neglect of a child or children by the Office of                  directly supervised by another paid employee of the facility,
Community Services.                                                       who has not disclosed that their name appears with a
                               ***                                        justified (valid) finding on the SCR. Under no circumstances
   Volunteer―full or part-time non-paid center staff who                  may the staff person with the justified finding be left alone
perform services for the child care center and have direct or             and unsupervised with the children pending the disposition
indirect contact with children at the center.                             of the Risk Evaluation Panel that they do not pose a risk to
                               ***
                                                                     43                 Louisiana Register Vol. 36, No. 1 January 20, 2010
children. When these conditions are met, the                              recorded as a perpetrator with a justified (valid)
employee/volunteer may be counted in child staff ratio. If                determination of abuse or neglect shall be reported in writing
the Risk Evaluation Panel finds the individual does pose a                to a Child Care Licensing manager at the Department of
risk to children and the individual chooses not to appeal the             Social Services, Office of Family Support, Child Care
finding, the employee/volunteer shall be terminated                       Licensing and Regulatory Section as soon as possible, but no
immediately. If the Risk Evaluation Panel finds the                       later than the close of business on the next working day.
individual does pose a risk to children and the individual                     5. Any state central registry disclosure form, Risk
appeals the finding within the required timeframe, the                    Evaluation Panel finding and Division of Administrative
employee/volunteer shall continue to have direct supervision              Law ruling that is maintained in a child care facility
at all times by another paid employee of the facility who has             licensing file shall be confidential and subject to the
not disclosed that they have a justified finding on the state             confidentiality provisions of R.S. 46:56(F) pertaining to the
central registry until a ruling by the Division of                        investigations of abuse and neglect.
Administrative Law that they do not pose a risk to children.                   6. Violations of any of the provisions of this section
Supervision may end effective with such a ruling from the                 shall result in licensing enforcement actions up to and
Division of Administrative Law. If the Division of                        including revocation of the license to operate.
Administrative Law upholds the Risk Evaluation Panel                         AUTHORITY NOTE: Promulgated in accordance with R.S.
finding that they do pose a risk to children, they shall be               46:1401 et seq.
terminated immediately.                                                      HISTORICAL NOTE: Promulgated by the Department of
     2. After January 1, 2010, any prospective owner,                     Health and Human Resources, Office of the Secretary, Division of
                                                                          Licensing and Certification, LR 13:246 (April 1987), amended by
operator, or prospective employee/volunteer of the child care             the Department of Social Services, Office of the Secretary, LR
facility requesting/licensure by the department and/or the                18:970 (September 1992), LR 26:1635 (August 2000),
child care licensed by the department shall be required to                repromulgated by the Department of Social Services, Office of
complete a state central registry disclosure form. This                   Family Support, LR 33:2770 (December 2007), amended by the
information shall be reported at the time of application,                 Department of Social Services, Office of Family Support, LR 36:
annually, at any time upon the request of the department, and             §7357. Definitions
within three working days of any such individual receiving                   A. The following are definitions of terms used in these
notice of a justified (valid) determination of child abuse or             minimum standards.
neglect.                                                                                                 ***
         a. The prospective employee/volunteer of a child                      Child Care Staff―all full or part-time paid or non-paid
care facility requesting licensure by the department and/or               staff who perform routine services for the child care center
licensed child care facility shall complete, sign and date the            and have direct or indirect contact with children at the
state central registry disclosure form. The prospective                   center. Staff includes the director, child care staff, and any
employee/volunteer shall submit the disclosure form to the                other employees of the center such as the cook, housekeeper,
owner or operator of the facility. The owner or operator shall            driver, substitutes, and foster grandparents excluding extra-
also be required to provide documentation of his or her state             curricular personnel.
central registry disclosure form.                                                                        ***
         b. If a prospective operator, employee/volunteer                      Department―the Department of Social Services in
discloses that his or her name is currently recorded as a                 Louisiana.
perpetrator on the state central registry, the child care facility                                       ***
representative/prospective employer shall inform the                           Employee―all full or part-time paid child care staff
applicant they will not be considered for employment or                   who perform services for the child care center and have
volunteer duties at the time due to the state central registry            direct or indirect contact with children at the center.
disclosure       and       the      child       care      facility                                       ***
representative/prospective employer will provide the                           Reasonable Suspicion―Child Care Licensing and
prospective employee/volunteer with the request for a risk                Regulatory personnel has or acquires information containing
panel evaluation form.                                                    specific and articulable facts indicating that an owner,
     3. State      central     registry     disclosure     forms,         operator, current or potential employee or volunteer has been
documentation of any disposition of the Risk Evaluation                   investigated and determined to be the perpetrator of abuse or
Panel and, when applicable, the Division of Administrative                neglect against a minor in an investigation with a justified
Law ruling shall be maintained in accordance with current                 (valid) finding currently recorded on the state central
department licensing requirements and be available for                    registry..
review by Child Care Licensing and Regulatory personnel                                                  ***
during the facility’s hours of operation. They shall be kept                   State Central Registry―repository that identifies any
on file a minimum of one year from termination of the                     individual reported to have a justified (valid) finding of
employee or volunteer from the center.                                    abuse or neglect of a child or children by the Office of
     4. Any information received or knowledge acquired                    Community Services.
that a current or prospective owner, operator, volunteer,                                                ***
employee or prospective employee or volunteer has falsified                    Volunteer―full or part-time non-paid child care staff
a SCR disclosure form stating that they are not currently                 who performs services for the child care center and have
                                                                          direct or indirect contact with children at the center.



Louisiana Register Vol. 36, No. 1 January 20, 2010                   44
   AUTHORITY NOTE: Promulgated in accordance with R.S.                                              Title 67
46:1401 et seq.                                                                              SOCIAL SERVICES
   HISTORICAL NOTE: Promulgated by the Department of                                    Part I. Office of the Secretary
Health and Human Resources, Office of the Secretary, Division of                     Subpart 1. General Administration
Licensing and Certification, LR 13:246 (April 1987), amended by
the Department of Social Services, Office of the Secretary, LR
                                                                        Chapter 2.        Criminal Background and State Central
18:970 (September 1992), LR 26:1636 (August 2000),                                        Registry Checks
repromulgated by the Department of Social Services, Office of           §201. Introduction and Purpose
Family Support, LR 33:2770 (December 2007), amended by the                 A. The Department of Social Services has a fervent
Department of Social Services, Office of Family Support, LR 36:         commitment to protect children by preventing the
                                                                        employment of an individual by the department who has
                            Kristy H. Nichols                           specific past criminal convictions, in certain positions that
                            Secretary                                   provide access to children and/or has been determined to be
1001#002                                                                a perpetrator of abuse or neglect of a child.
                                                                           B. In order to enhance the state’s ability to protect
           DECLARATION OF EMERGENCY                                     children, the Louisiana Legislature enacted laws which
               Department of Social Services                            provide for state and federal criminal background checks
                  Office of the Secretary                               and a state central registry check for certain DSS employees
                                                                        and potential employees.
       State Central Registry―Criminal Background                          C. The department will utilize the state central registry of
              and Risk Assessment Evaluation                            justified (valid) reports of abuse or neglect for clearances of
     (LAC 67:I.201, 203, 301, 303, 305, 307, and 309)                   certain current and potential department employees, and will
                                                                        prohibit these individuals from being employed when their
   The Department of Social Services, Office of the                     name is recorded on the state central registry, unless a risk
Secretary, has exercised the emergency provisions of the                evaluation panel determines that the individual does not pose
Administrative Procedure Act, R.S. 49:953(A) to adopt the               a risk to children.
Louisiana Administrative Code (LAC) 67:I.Chapter 2.                       AUTHORITY NOTE: Promulgated in accordance with Act 47
                                                                        and Act 221 of the 2009 Regular Session of the Louisiana
Criminal Background and State Central Registry Checks and
                                                                        Legislature.
Chapter 3. Risk Assessment Evaluation, effective January 1,               HISTORICAL NOTE: Promulgated by the Department of
2010 pursuant to Acts 47 and 388 of the 2009 Regular                    Social Services, Office of the Secretary, LR 36:
Session of the Louisiana Legislature. This Emergency Rule               §203. Conditions of Employment
is necessary to ensure the safety of children receiving                    A. No individual shall be hired by the department whose
services from employees of the department.                              duties include the investigation of child abuse or neglect,
   This Rule regulates conditions of employment for                     supervisory or disciplinary authority over children, direct
employees and potential employees with job duties within                care of a child, or performance of licensing surveys, until the
the Department of Social Services (DSS). The adoption of                following conditions are met.
this Rule provides an increased measure of protection and                    1. The individual submits his fingerprints to the
safety for minor children receiving services from the                   Louisiana Bureau of Criminal Identification and Information
department by identifying specific individuals with certain             to facilitate a state and national criminal records check and it
past criminal convictions. The Rule expands the authority of            is determined that the person has not been convicted of or
DSS to require federal criminal background checks for                   pled nolo contendere to a crime listed in R.S. 15:587.1(C).
certain prospective (new hire or transferring) DSS                           2. The department has conducted a search of the state
employees.                                                              central registry and determined that the individual's name
   The Rule also establishes a risk evaluation panel, its duties        has not been recorded subsequent to January 1, 2010.
and procedures and an appeals process for the panel’s                        3. If the individual’s name is recorded on the state
decision. The Rule prohibits the employment of employees                central registry subsequent to January 1, 2010, a risk
and potential employees whose duties include investigation              evaluation panel has determined in writing that the
of child abuse or neglect, the supervisory or disciplinary              individual does not pose a risk to children.
authority over children, direct care of a child or performance             B. Any current employee of the department whose duties
of licensing surveys if the individual’s name is recorded on            include the investigation of child abuse or neglect,
the state central registry, unless a risk evaluation panel              supervisory or disciplinary authority over children, direct
determines that the individual does not pose a risk to                  care of a child, or performance of licensing surveys and
children. The risk assessment evaluation process will also be           whose name is recorded subsequent to January 1, 2010, shall
made available to any owner, operator, current or                       be terminated by the department unless a risk evaluation
prospective employee, or volunteer of a child care facility             panel has determined in writing that the individual does not
licensed by the department who discloses that he is currently           pose a risk to children.
recorded on the state central registry for a justified (valid)            AUTHORITY NOTE: Promulgated in accordance with Act 47
finding of abuse or neglect.                                            and Act 221 of the 2009 Regular Session of the Louisiana
   This Emergency Rule shall remain in effect for a period of           Legislature.
120 days.                                                                 HISTORICAL NOTE: Promulgated by the Department of
                                                                        Social Services, Office of the Secretary, LR 36:



                                                                   45                 Louisiana Register Vol. 36, No. 1 January 20, 2010
Chapter 3.       Risk Assessment Evaluation                              children based on the information available in the OCS case
§301. Introduction                                                       record, and any supplemental information provided by the
   A. The Office of Community Services (OCS) maintains                   employee.
a central registry of all justified (valid) reported cases of              B. The individual requesting the risk assessment
child abuse and neglect.                                                 evaluation will not be present for the evaluation.
   B. In accordance with R.S. 46:51.2, no person shall be                  C. The prospective or current employee is responsible
hired, promoted, or transferred by the department to a                   for providing the following documentation to the Risk
position for which duties include the investigation of child             Evaluation Panel to be used in conjunction with the
abuse or neglect, supervisory or disciplinary authority over             information in the case record in making a risk
children, direct care of a child, or performance of licensing            determination:
surveys until:                                                                1. evidence of a rehabilitation effort since the justified
     1. the department has conducted a search of the state               (valid) incident of abuse or neglect such as but not limited to
central registry of justified (valid) abuse or neglect and has           employment, education, or counseling;
determined that the individual's name is not recorded therein                 2. information about the individual’s anticipated job
subsequent to January 1, 2010; or                                        responsibilities or current responsibilities; and
     2. if an individual's name is recorded on the state                      3. evidence of the individual’s present fitness to work
central registry subsequent to January 1, 2010, a risk                   with children, including three letters of recommendation,
evaluation panel has determined in writing that the                      one of which must be from a former employer.
individual does not pose a risk to children.                               D. The prospective employee must submit the
   C. In accordance with R.S. 46:1414.1(D), any owner,                   information within 10 days of the request for a risk
operator, current or prospective employee, or volunteer of a             evaluation by mailing to:
child care facility licensed by the department who discloses                    Louisiana Department of Social Services
that he is currently recorded on the state central registry for                 Attention: Risk Evaluation Panel
a justified (valid) finding of abuse or neglect shall be                        627 N. Fourth St. Third Floor
entitled to a risk evaluation provided by the department to                     Baton Rouge LA 70802
determine whether the individual poses a risk to children.                 AUTHORITY NOTE: Promulgated in accordance with Act 47
  AUTHORITY NOTE: Promulgated in accordance with the                     and Act 221 of the 2009 Regular Session of the Louisiana
Louisiana Children's Code, Article 616, and Act 47, Act 221, and         Legislature.
Act 388 of the 2009 Regular Session of the Louisiana Legislature.          HISTORICAL NOTE: Promulgated by the Department of
  HISTORICAL NOTE: Promulgated by the Department of                      Social Services, Office of the Secretary, LR 36:
Social Services, Office of the Secretary, LR 36:                         §307. Risk Determination Criteria
§303. Risk Evaluation Panel                                                 A. A person determined to be a perpetrator of an incident
   A. A Risk Evaluation Panel (panel) is established to                  of abuse or neglect may not automatically be denied a
conduct risk assessment evaluations for an individual as                 position or be allowed to retain a position which allows
listed in LAC 67:I.301.B and C whose name appears on the                 access to children.
state central registry to determine if that individual poses a              B. The panel shall determine if an individual poses a risk
risk to children.                                                        to children based on the information available in the OCS
   B.1. The panel shall consist of:                                      case record, and any supplemental information provided by
        a. Division of Field Services Director or OCS                    the prospective employee.
Deputy Assistant Secretary;                                                   1. The following information shall be used by the
        b. Division of Prevention and Protective Services                panel to make its determination including, but not limited to:
Director;                                                                        a. the nature of the abuse or neglect with which the
        c. Division of Foster Care Services Director;                    individual was identified, including whether the abuse or
        d. risk evaluation panel coordinator; and                        neglect resulted in serious injury or death to a child or
        e. any others designated by the DSS Deputy                       children;
Secretary as appropriate designees of those listed above or as                   b. the circumstances surrounding the commission of
deemed necessary to convene an appropriate panel.                        the abuse or neglect, including the age of the perpetrator and
   C. The duties of the panel shall include:                             the children, that would demonstrate unlikelihood of
     1. conducting an assessment of an individual listed in              repetition;
LAC 67:I.301.B and C whose name appears on the State                             c. the period of time that has elapsed since the
Central Registry and has requested a risk evaluation to                  abuse or neglect occurred and whether prior incidents of
determine whether that individual poses a risk to children;              child abuse or child neglect have been indicated against the
     2. providing written notification of the decision to the            individual;
individual; and                                                                  d. whether the abuse or neglect involved single or
     3. retaining all records of decisions.                              multiple child victims or whether there were more multiple
  AUTHORITY NOTE: Promulgated in accordance with Act 47                  allegations over a period of time;
and Act 221 of the 2009 Regular Session of the Louisiana                         e. the relationship of the incident of child abuse or
Legislature.                                                             neglect to the individual’s current or conditional job
  HISTORICAL NOTE: Promulgated by the Department of                      responsibilities within the department or facility;
Social Services, Office of the Secretary, LR 36:
                                                                                 f. evidence of rehabilitation such as employment,
§305. Risk Assessment Evaluation Process                                 education, or counseling since the indicated incident of
  A. The risk evaluation panel will determine if the
                                                                         abuse or neglect; and
individual listed in LAC 67:I.301.B and C poses a risk to
Louisiana Register Vol. 36, No. 1 January 20, 2010                  46
       g. letters of recommendation one of which must be                  The commission grants authority to the Secretary of the
from a former employer.                                                Department of Wildlife and Fisheries to close the
   C. An individual determined to be a risk to children is             commercial king mackerel season in Louisiana state waters
prohibited from requesting a risk assessment evaluation for            when he is informed by the National Marine Fisheries
24 months from the date of the original notice of decision             Service (NMFS) that the commercial king mackerel quota
issued by the risk evaluation panel.                                   for the western Gulf of Mexico has been harvested or is
  AUTHORITY NOTE: Promulgated in accordance with Act 47                projected to be harvested, such closure order shall close the
and Act 221 of the 2009 Regular Session of the Louisiana               season until 12:01 a.m., July 1, 2011, which is the date
Legislature.                                                           expected to be set for the re-opening of the 2011-12
  HISTORICAL NOTE: Promulgated by the Department of                    commercial king mackerel season in Federal waters.
Social Services, Office of the Secretary, LR 36:
                                                                          The commission also authorizes the secretary to open
§309. Appeals Process
                                                                       additional commercial king mackerel seasons in Louisiana
   A. The risk evaluation panel shall provide the individual
                                                                       state waters if he is informed that NMFS has opened such
who is the subject of the evaluation the decision of the panel
                                                                       additional seasons and to close such seasons when he is
in writing.
                                                                       informed that the commercial king mackerel quota for the
   B. The notice of decision shall contain information
                                                                       western Gulf of Mexico has been filled, or is projected to be
regarding the individual’s right to appeal and request for a
                                                                       filled.
fair hearing.
                                                                          Effective with seasonal closures under this Emergency
   C. The individual may file a request for an
                                                                       Rule, no person shall commercially harvest, possess,
administrative appeal within 30 days of the mailing of the
                                                                       purchase, exchange, barter, trade, sell, or attempt to
notice of the determination with the DSS Bureau of Appeals.
                                                                       purchase, exchange, barter, trade, or sell king mackerel,
   D. All decisions rendered by the administrative law
                                                                       whether taken from within or without Louisiana territorial
judge within the Bureau of Appeals are final and such
                                                                       waters. Also effective with this closure, no person shall
decisions shall exhaust the individual's administrative appeal
                                                                       possess king mackerel in excess of a daily bag limit, which
rights.
                                                                       may only be in possession during the open recreational
   E. Within 30 days after the mailing date listed on the
                                                                       season by legally licensed recreational fishermen. Nothing
notice of the final decision by the Bureau of Appeals, or if a
                                                                       shall prohibit the possession or sale of fish by a commercial
rehearing is requested, within 30 days after the date of the
                                                                       dealer if legally taken prior to the closure providing that all
decision thereon, the individual may obtain judicial review
                                                                       commercial dealers possessing such fish taken legally prior
by filing a petition for review of the decision in the
                                                                       to the closure shall maintain appropriate records in
Nineteenth Judicial District Court or the district court of the
                                                                       accordance with R.S. 56:306.5 and R.S. 56:306.6.
domicile of the individual.
  AUTHORITY NOTE: Promulgated in accordance with Act 47
and Act 221 of the 2009 Regular Session of the Louisiana                                          Stephen J. Oats
Legislature.                                                                                      Vice-Chairman
  HISTORICAL NOTE: Promulgated by the Department of                    1001#049
Social Services, Office of the Secretary, LR 36:
                                                                                  DECLARATION OF EMERGENCY
                           Kristy Nichols                                         Department of Wildlife and Fisheries
                           Secretary                                               Wildlife and Fisheries Commission
1001#004

                                                                                  2010-11 Reef Fish Commercial Seasons
             DECLARATION OF EMERGENCY
             Department of Wildlife and Fisheries                         In accordance with the emergency provisions of R.S.
              Wildlife and Fisheries Commission                        49:953(B), the Administrative Procedure Act, R.S. 49:967
                                                                       which allows the Department of Wildlife and Fisheries and
           2010-11 Commercial King Mackerel Season                     the Wildlife and Fisheries Commission to use emergency
                                                                       procedures to set finfish seasons, and R.S. 56:326.3 which
   In accordance with the emergency provisions of R.S.                 provides that the Wildlife and Fisheries Commission may set
49:953(B), the Administrative Procedure Act, R.S. 49:967               seasons for saltwater finfish, the Wildlife and Fisheries
which allows the Wildlife and Fisheries Commission to use              Commission hereby declares:
emergency procedures to set finfish seasons and all rules and             The commercial fishing seasons for reef fish as listed in
regulations pursuant thereto by emergency rule, and R.S.               LAC 76:VII.335, Reef Fish – Harvest Regulations continue
56:6(25)(a) and 56:326.3 which provide that the Wildlife and           to remain open as of January 1 of each year unless otherwise
Fisheries Commission may set seasons for saltwater finfish;            provided for in LAC 76:VII.335 and LAC 76:VII.337, or as
the Wildlife and Fisheries Commission hereby sets the                  a result of actions by the secretary as authorized below.
following season for the commercial harvest of king                    These commercial fishing seasons include closed seasons for
mackerel in Louisiana state waters:                                    some species and species groups as listed in LAC
   The commercial season for king mackerel in Louisiana                76:VII.335 and in LAC 76:VII.337, including prohibition on
state waters will open at 12:01 a.m., July 1, 2010 and remain          harvest of goliath and Nassau groupers.
open until the allotted portion of the commercial king                    In addition, the Secretary of the Department of Wildlife
mackerel quota for the western Gulf of Mexico has been                 and Fisheries is hereby authorized to close the season for the
harvested or projected to be harvested.                                commercial harvest of any species or group of species of the
                                                                  47                 Louisiana Register Vol. 36, No. 1 January 20, 2010
fishes listed in LAC 76:VII.335, Reef Fish – Harvest                      In accordance with the emergency provisions of R.S.
Regulations, in Louisiana state waters if he is informed by            49:953(B), the Administrative Procedure Act, R.S. 49:967
the Regional Administrator of NMFS that the applicable                 which allows the Department of Wildlife and Fisheries and
commercial quota has been harvested in the Gulf of Mexico,             the Wildlife and Fisheries Commission to use emergency
and if he is requested by the Regional Administrator of                procedures to set finfish seasons, and R.S. 56:326.3 which
NMFS that the State of Louisiana enact compatible                      provides that the Wildlife and Fisheries Commission may set
regulations in Louisiana state waters.                                 seasons for saltwater finfish, the Wildlife and Fisheries
   The commission also hereby grants authority to the                  Commission hereby declares:
Secretary of the Department of Wildlife and Fisheries to                  The Secretary of the Department of Wildlife and Fisheries
modify the commercial seasons described here in Louisiana              is hereby authorized to close the season for the recreational
state waters if he is informed by NMFS that the season dates           harvest of red snapper or greater amberjack in Louisiana
for the commercial harvest of these fish species in the                state waters if he is informed by the Regional Administrator
federal waters of the Gulf of Mexico as set out herein have            of NMFS that the applicable recreational quota has been
been modified, and that NMFS requests that the season be               harvested in the Gulf of Mexico and the recreational season
modified in Louisiana state waters. Such authority shall               closed in federal waters of the Gulf of Mexico, and if he is
extend through January 31, 2011.                                       requested by the Regional Administrator of NMFS that the
   Effective with seasonal closures under this Emergency               State of Louisiana enact compatible regulations in Louisiana
Rule, no person shall commercially harvest, possess,                   state waters.
purchase, exchange, barter, trade, sell, or attempt to                    The commission also hereby grants authority to the
purchase, exchange, barter, trade, or sell the affected species        Secretary of the Department of Wildlife and Fisheries to
of fish, whether taken from within or without Louisiana                modify the recreational season currently established in
territorial waters. Also effective with these closures, no             Louisiana state waters if he is informed by NMFS that the
person shall possess the affected species of fish in excess of         season dates for the recreational harvest of red snapper or
a daily bag limit, which may only be in possession during              greater amberjack in the federal waters of the Gulf of
the open recreational season by legally licensed recreational          Mexico as set out herein have been modified, and that
fishermen. Nothing shall prohibit the possession or sale of            NMFS requests that the season be modified in Louisiana
fish by a commercial dealer if legally taken prior to the              state waters. Such authority shall extend through January 31,
closure providing that all commercial dealers possessing               2011.
such fish taken legally prior to the closure shall maintain
appropriate records in accordance with R.S. 56:306.5 and                                          Stephen J. Oats
R.S. 56:306.6.                                                                                    Vice-Chairman

                            Stephen J. Oats                            1001#048
                            Vice-Chairman
1001#048                                                                           DECLARATION OF EMERGENCY
                                                                                   Department of Wildlife and Fisheries
           DECLARATION OF EMERGENCY
                                                                                    Wildlife and Fisheries Commission
           Department of Wildlife and Fisheries
            Wildlife and Fisheries Commission                                     Bucks-Only Deer Hunting: South Louisiana

            2010 Recreational Reef Fish Seasons                           Due to excessive high water from extraordinary rainfall in
                                                                       south Louisiana, portions of St. Mary, Assumption,
  The reef fish fishery in the Gulf of Mexico is                       Ascension, Lower St. Martin, Lafourche, Terrebonne, St.
cooperatively managed by the Louisiana Department of                   James, St. John, and St. Charles Parishes are experiencing
Wildlife and Fisheries (LDWF), the Wildlife and Fisheries              flooding, causing a concentration of deer into what little
Commission (LWFC) and the National Marine Fisheries                    high ground remains. Continued unrestricted hunting under
Service (NMFS) with advice from the Gulf of Mexico                     these circumstances poses a potential risk of overharvest of
Fishery Management Council (Gulf Council). Regulations                 the deer resource, eliminates fair chase, and may pose a
promulgated by NMFS are applicable in waters of the                    significant safety risk to the hunting public because of the
Exclusive Economic Zone (EEZ) of the U.S., which in                    concomitant concentration of hunters in the areas where deer
Louisiana is generally three miles offshore. Rules were                and other wildlife are located. Therefore, until the high water
promulgated by NMFS to enact provisions of the red                     recedes, it is necessary to restrict deer hunting in the below
snapper rebuilding plan (Reef Fish Amendment 27 / Shrimp               described area to bucks only. The restricted area shall be that
Amendment 14). These Rules included establishing a                     area which is more specifically described as follows: South
recreational season of June 1 through September 30 of each             of Interstate 10, West of Interstate 310, North and West of
year. A compatible season was established for Louisiana                Highway 90, East of Highway 70, and East of Highway 22.
waters by the Wildlife and Fisheries Commission at their               It shall include the entirety of Elm Hall Wildlife
March 6, 2008 meeting. NMFS typically requests consistent              Management Area. In accordance with the provisions of R.S.
regulations in order to enhance the effectiveness and                  56:6.1, hunting in the above described area shall be as
enforceability of regulations for EEZ waters.



Louisiana Register Vol. 36, No. 1 January 20, 2010                48
follows: Deer Hunting - Bucks Only. All other hunting is              Administrative Procedure Act or until rescinded by the
open. This Declaration of Emergency shall become effective            secretary.
December 22, 2009 and shall remain in effect for the                                          Robert J. Barham
maximum period allowed under the Administrative                                               Secretary
Procedure Act or until rescinded by the secretary.                    1001#008


                           Robert J. Barham                                      DECLARATION OF EMERGENCY
                           Secretary                                             Department of Wildlife and Fisheries
1001#007
                                                                                  Wildlife and Fisheries Commission
           DECLARATION OF EMERGENCY
                                                                                    Zone 1 Shrimp Season Extension
            Department of Wildlife and Fisheries
             Wildlife and Fisheries Commission                           In accordance with the emergency provisions of R.S.
                                                                      49:953(B) and R.S. 49:967 of the Administrative Procedure
           Hunting Season Closure: South Louisiana                    Act which allows the Wildlife and Fisheries Commission to
                                                                      use emergency procedures to set shrimp seasons and R.S.
   Due to excessive high water from extraordinary rainfall in         56:497 which allows the Wildlife and Fisheries Commission
south Louisiana, portions of St. Mary, Assumption,                    to delegate to the secretary of the department the powers,
Ascension, Lower St. Martin, Lafourche, Terrebonne, St.               duties, and authority to set seasons, and in accordance with a
James, St. John, and St. Charles Parishes are experiencing            resolution adopted by the Wildlife and Fisheries
flooding, causing a concentration of deer and other wildlife          Commission on August 6, 2009 which authorized the
into what little high ground remains. Continued hunting               Secretary of the Department of Wildlife and Fisheries to
under these circumstances poses a potential risk of                   change the closing dates of the 2009 Fall Shrimp Season if
overharvest of the wildlife resource, eliminates fair chase,          biological and technical data indicate the need to do so or if
and may pose a significant safety risk to the hunting public          enforcement problems develop and to close all or parts of
because of the concomitant concentration of hunters in the            state inside and outside waters if significant numbers of
areas where deer and other wildlife are located. Therefore it         small white shrimp are found in these waters, and to re-open
is necessary to close the below described area to all hunting,        these waters if significant numbers of marketable size
except waterfowl hunting, until the high water recedes. The           shrimp are available for harvest, the Secretary of the
closed area shall be that area which is more specifically             Department of Wildlife and Fisheries does hereby declare
described as follows: South of Interstate 10, West of                 that the 2009 Fall inshore shrimp season in that portion of
Interstate 310, North and West of Highway 90, East of                 Shrimp Management Zone 1, extending north of the south
Highway 70, and East of Highway 22. It shall include the              shore of the Mississippi River Gulf Outlet, including Lake
entirety of Elm Hall Wildlife Management Area. In                     Pontchartrain and Lake Borgne, shall be extended until
accordance with the provisions of R.S. 56:6.1, the above              further notice. This action became effective on December
described area is hereby closed to all hunting, except                15, 2009. The open waters of Breton and Chandeleur
waterfowl hunting. This Declaration of Emergency shall                Sounds, as described by the double-rig line [LA
become effective December 18, 2009 and shall remain in                R.S.56:495.1(A)(2)] shall remain open until 6 a.m., March
effect for the maximum period allowed under the                       31, 2010.

                                                                                                 Robert J. Barham
                                                                                                 Secretary
                                                                      1001#006




                                                                 49                Louisiana Register Vol. 36, No. 1 January 20, 2010
                                                         Rules
                            RULE                                       C. Approval of the Request
                                                                          1. A request for reserved exclusive use is considered
    Department of Culture, Recreation and Tourism
                                                                     approved only when the individual receives the written
                  Office of Tourism
                                                                     agreement which has been signed and approved in
                                                                     accordance with the policies and procedures of the Louisiana
   Welcome Centers (LAC 25:V:501, 503, 505 and 507)
                                                                     Office of Tourism. The written, signed agreement will
                                                                     specify all terms of the use, the effective date of the
   The Louisiana Department of Culture, Recreation and
                                                                     approval, all costs and fees, arrangement requirements, and
Tourism, Office of Tourism, in accordance with R.S.                  the specific space authorized for use.
51:1255 and in accordance with the Administrative                         2. A request for reserved exclusive use is subject to
Procedure Act, R.S. 49:950 et seq., hereby promulgates LAC
                                                                     availability and will only be approved if the proposed use
25:V:501-507 to provide for the reserved exclusive use of
                                                                     will not, in the opinion of the Office of Tourism, negatively
welcome centers by the public to the extent and in order to
                                                                     impact the buildings, patios, facilities, furnishings, exhibits,
ensure that such use does not conflict with the primary
                                                                     or grounds within or associated with the welcome center,
mission of welcome centers and in order to offset the costs          and will not materially interfere with the fulfillment of the
associated with providing this service to the public.                welcome center's primary mission.
                           Title 25                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
                CULTURAL RESOURCES                                   51:1255.
                 Part V. Office of Tourism                              HISTORICAL NOTE: Promulgated by the Department of
Chapter 5.       Welcome Centers                                     Culture, Recreation and Tourism, Office of Tourism, LR 36:50
§501. Welcome Centers                                                (January 2010).
   A. The Louisiana Office of Tourism operates a system of           §505. Standard Fees
welcome centers whose primary mission is to provide a safe,            A. Standard fees for reserved exclusive use of the
friendly environment to welcome visitors, provide visitors           Capitol Park Welcome Center facilities shall be assessed as
information about tourist attractions and resources, and to          follows.
encourage visitors to spend more time in the state.
   B. Welcome center facilities are available for reserved                                             Full Day    Half Day    Evening
exclusive use by the public to the extent such use does not                                              Rate        Rate         Rate
                                                                             Space       Capacity
                                                                                                       (3 hours   (Less than     (after
conflict with the primary mission of the welcome center and                                            or more)    3 hours)    4:30 pm)
such use is consistent with these rules as well as all other         Entire Building   350 seated;
laws, regulations, and policies applicable to such use.              and Patio         600 reception    $700        $500       $550/hour
   AUTHORITY NOTE: Promulgated in accordance with R.S.                                 175 seated;
51:1255.                                                             Entire Building   400 reception    $600        $400       $250/hour
   HISTORICAL NOTE: Promulgated by the Department of                 Margaret Taylor   115 seated
Culture, Recreation and Tourism, Office of Tourism, LR 36:50         Theater           (lecture) 80
                                                                     (includes         seated
(January 2010).                                                      audio/visual      (classroom)
§503. Reservations                                                   capabilities)     200 reception    $425        $275       $150/hour
   A. Requests to reserve a room or an area within a                                   75 seated
welcome center may be submitted for approval to the                  Fishbowl          (lecture)        $175        $125       $100/hour
supervisor of that welcome center.                                                     200 seated;
                                                                     Patio             300 reception    $200        $150       $100/hour
   B. Requests to reserve a welcome center facility for
exclusive use must:
     1. be in writing on the form provided by the Louisiana            B. Additional Fees
Office of Tourism. The request form will include the                      1. Additional charges may be assessed based the
Louisiana Office of Tourism’s Usage Policies, the terms of           nature of the requested function and/or additional
which will be incorporated into the final written agreement          requirements as agreed upon. Any additional charges will be
for use;                                                             included in the written agreement.
     2. provide the name, age, and contact information of                 2. Additional charges will be assessed for damages
the individual responsible for all obligations related to the        incurred and clean-up. These charges are in addition to all
use. That person shall serve as the liaison for all                  other fees and charges and are payable upon notification.
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
communications and shall be responsible for ensuring
                                                                     51:1255.
compliance with all terms of use and payment, if the request            HISTORICAL NOTE: Promulgated by the Department of
is approved; and                                                     Culture, Recreation and Tourism, Office of Tourism, LR 36:50
     3. describe the nature of the event, dates and hours of         (January 2010).
the event including time required for set-up and take-down,          §507. Discounts; Fee Waivers
the number of anticipated attendees, the space requested, any          A. No fees shall be assessed for reserved exclusive use
special requirements or requests.                                    of welcome center facilities by agencies of the Office of the
                                                                     Lieutenant Governor, the Department of Culture, Recreation

Louisiana Register Vol. 36, No. 1 January 20, 2010              50
and Tourism, or any entity hosting a program in cooperation            LED regional representatives. Subject to Subsection E
with the agencies of the Office of the Lieutenant Governor             below, each region shall receive such portion of the available
or the Department of Culture, Recreation and Tourism.                  amount in accordance with its percentage of population of
   B. The Assistant Secretary of the Office of Tourism or              the state as established by the most recent census of the
his designee may grant other state agencies a $25 discount             state. The secretary of LED shall determine the association
off of the standard fees.                                              of the EDOs for each region with which the department will
   C. From time to time, as the Assistant Secretary of the             enter into a CEA through which deliverables reflective of the
Office of Tourism or his designee deems necessary or                   goals and objectives of this program shall be established.
appropriate, variations in occupancy requirements, fees, and           The EDO identified by the regional association and
discounts may be allowed to encourage use of the welcome               approved by LED as the fiduciary agent for the region shall
center facilities.                                                     be responsible for coordination within the region to provide
   D. No fees will be charged to the general public whether            for the delivery of certain administrative documents. The
they enter as tour group participants or individuals during            costs related to the production of these documents are to be
regular operating hours at any Louisiana welcome center.               paid for using funds provided by Louisiana Economic
However, adult and school age groups should advise the                 Development (LED).
welcome center supervisor if a welcome center visit is                    B. - D. …
planned, to ensure adequate preparation and attention as well             E. Notwithstanding population percentages for each
as a quality experience and a proper visitor count.                    region, the minimum funding for any region is $150,000
   E. At this time, only the Capitol Park Welcome Center in            provided that the appropriation for the Regional Awards
Baton Rouge has an established fee schedule for reserved               Program is $1,800,000 or greater. In the event that the
exclusive use of its facilities. All other welcome center              appropriation for the Regional Awards Program is less than
facilities may be reserved for exclusive use by the public at          $1,800,000, the secretary of LED is empowered to establish
the cost, if any, incurred by the Louisiana Office of Tourism          a funding distribution for the eight regional groups so as to
to accommodate said use.                                               ensure an appropriate distribution of resources. The secretary
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 of LED is empowered to place caps on the maximum
51:1255.                                                               amount of funding a regional EDO shall receive so as to
   HISTORICAL NOTE: Promulgated by the Department of                   ensure an appropriate distribution of resources.
Culture, Recreation and Tourism, Office of Tourism, LR 36:50              F. - I. …
(January 2010).
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       36:104 and 36:108.
                           James "Jim" Hutchison                         HISTORICAL NOTE: Promulgated by the Department of
                           Assistant Secretary                         Economic Development, Office of the Secretary and Office of
                                                                       Business Development, LR 33:41 (January 2007), amended LR
1001#013                                                               35:635 (April 2009), LR 36:51 January 2010).

                           RULE                                                                   Kristy Mc Kearn
           Department of Economic Development                                                     Undersecretary
                                                                       1001039
                  Office of the Secretary
                            and                                                                   RULE
              Office of Business Development
                                                                                 Department of Economic Development
  Regional Awards and Matching Grant Awards Program                                 Office of Business Development
                   (LAC 13:III.1709)
                                                                          Small and Emerging Business Development Program
   The Department of Economic Development, Office of the                          (LAC 19:II.105, 107, 507 and 903)
Secretary and Office of Business Development, as
authorized by and pursuant to the provisions of the                      In accordance with R.S. 49:950 et seq., the Administrative
Administrative Procedure Act, R.S. 49:950 et seq., and in              Procedure Act, the Department of Economic Development,
accordance with R.S. 36:104 and 36:108 hereby amends the               Office of Business Development, hereby amends the
following rules of the Regional Awards and Matching Grant              following rules and regulations relative to the Small and
Awards Program.                                                        Emerging Business Development Program. This action
                            Title 13                                   complies with the statutory law administered by the agency,
              ECONOMIC DEVELOPMENT                                     as authorized by R.S. 51:941 et seq.
Part III. Financial Assistance Programs                                                          Title 19
Chapter 17. Regional Awards and Matching Grant                                    CORPORATIONS AND BUSINESS
                 Program                                                  Part II. Small And Emerging Business Development
§1709. Regional Awards ("Tier 1")                                                                Program
   A. Regional awards shall be in an amount appropriated               Chapter 1.      General Provisions
by the Louisiana Legislature to this program and shall be              §105. Definitions
allocated to the eight regions of this state in accordance with          A. When used in these regulations, the following terms
the map to be provided by LED. The regions will closely                shall have meanings as set forth below.
approximate the regions of the state presently served by                                           ***

                                                                  51                Louisiana Register Vol. 36, No. 1 January 20, 2010
     Small and Emerging Business (SEB)—a small business                 Chapter 9.      Small Business Bonding Program
organized for profit and performing a commercially useful               §903. Direct Bonding Assistance
function which is at least 51 percent owned and controlled                A. Direct Bonding Assistance. All certified active small
by one or more small and emerging business persons and for              and emerging construction businesses, and all other certified
which the principal business operations of the business are             SEBs (non-construction) may be eligible for surety bond
located in Louisiana including Louisiana as the primary                 guarantee assistance not to exceed the lesser of 25 percent of
place of employment for the employees of the business. A                contract or $200,000 on any single project. Small and
nonprofit organization is not a small and emerging business             emerging construction businesses with the status of certified
for purposes of this Chapter.                                           active or graduated may be eligible for surety bond
     Small and Emerging Business Person—a citizen or legal              guarantee assistance until June 30, 2012. After June 30,
resident of the United States who has resided in Louisiana              2012, only certified active small and emerging businesses
for at least 12 consecutive months and whose ability to                 may be eligible for surety bond guarantee assistance. All
compete in the free enterprise system has been impaired due             obligations, whether contractual or financial, will require the
to diminished capital and credit opportunities as compared to           approval of the undersecretary.
others in the same or similar line of business, and whose                 B. - C.2.    …
diminished opportunities have precluded, or are likely to                 AUTHORITY NOTE: Promulgated in accordance with R.S.
preclude, such individual from successfully competing in the            51-942.
open market.                                                              HISTORICAL NOTE: Promulgated by the Department of
                             ***                                        Economic Development, Office of the Secretary, Division of
                                                                        Economically Disadvantaged Business Development, LR 24:430
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        (March 1998), amended by the Department of Economic
51:942.
                                                                        Development, Office of Business Development, LR 29:547 (April
   HISTORICAL NOTE: Promulgated by the Department of
                                                                        2003), LR 30:758 (April 2004), LR 36:52 (January 2010).
Economic Development, Office of the Secretary, Division of
Economically Disadvantaged Business Development, LR 23:50
(January 1997), amended LR 24:430 (March 1998), amended by                                          Kristy Mc Kearn
the Department of Economic Development, Office of Business                                          Undersecretary
Development, LR 29:542 (April 2003), LR 30:753 (April 2004),            1001#040
LR 33:2030 (October 2007), LR 36:51(January 2010).
§107. Eligibility Requirements for Certification                                                    RULE
  A. - B.2. …                                                                    Department of Economic Development
     3. Net Worth. The person's net worth may not exceed                             Office of Business Development
$400,000. The market value of the assets of the person's                     Office of Entertainment Industry Development
small and emerging business, personal residence, 401K,                                              and
IRA, and other legal retirement funds will be excluded from                              Office of the Governor
the net worth calculation.                                                              Division of Administration
  C. - D.     …
   AUTHORITY NOTE: Promulgated in accordance with R.S.                             Motion Picture Investor Tax Credit Program
51:942.                                                                                      (LAC 61:I.1601-1613)
   HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Office of the Secretary, Division of
Economically Disadvantaged Business Development, LR 23:50                  In accordance with the Administrative Procedure Act, R.S.
(January 1997), amended LR 24:430 (March 1998), LR 25:1084              49:950 et seq. and R.S. 47:6007, the Department of
(June 1999), LR 26:1572 (August 2000), amended by the                   Economic Development and the Division of Administration
Department of Economic Development, Office of Business                  hereby adopts the following Rules.
Development, LR 29:542 (April 2003), LR 30:754 (April 2004),                                        Title 61
LR 33:2030 (October 2007), LR 36:52 (January 2010).                                    REVENUE AND TAXATION
Chapter 5.      Mentor-Protégé Credit Program                                Part I. Taxes Collected and Administered by the
§507. Internal Controls and Monitoring                                                      Secretary of Revenue
  A. - C.1. …                                                           Chapter 16. Louisiana Entertainment Industry Tax
    2. reviewing quarterly progress reports submitted by                                 Credit Programs
mentors and protégés on protégé development to measure                  Subchapter A. Motion Picture Investor Tax Credit
protégé progress against the approved agreement, and a final                             Program
report within 30 days following the completion of the                   §1601. Purpose
agreement, or by July 31 each year, whichever comes first.                 A. The purpose of this Chapter is to implement the
  C.3. - 4. …                                                           Motion Picture Investor Tax Credit Program as established
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   by R.S. 47:6007.
51.942.                                                                    B. This Chapter shall be administered to achieve the
  HISTORICAL NOTE: Promulgated by the Department of
                                                                        following:
Economic Development, Office of the Secretary, Division of Small
and Emerging Business Development, LR 26:1574 (August 2000),                 1. to encourage development of a strong capital and
amended by the Department of Economic Development, Office of            infrastructure base within the state for the motion picture and
Business Development, LR 29:546 (April 2003), LR 30:757 (April          related industries;
2004), LR 34:603 (April 2008), LR 36:52 (January 2010).                      2. to achieve a self-supporting, independent,
                                                                        indigenous industry; and

Louisiana Register Vol. 36, No. 1 January 20, 2010                 52
     3. to encourage development of state of the art motion                   2. Credits become transferable only after final
picture production and post-production facilities:                       certification of expenditures.
       a. in the short-term, to attract private investors in               AUTHORITY NOTE: Promulgated in accordance with R.S.
state-certified productions and state-certified infrastructure           47:1125.1.
projects;                                                                  HISTORICAL NOTE: Promulgated by the Department of
       b. in the long-term, to encourage the development                 Economic Development, Office of Business Development, Office
                                                                         of Entertainment Industry Development and the Office of the
of a skilled state workforce trained in the film and video               Governor, Division of Administration, LR 36:53 (January 2010).
industry.
                                                                         §1605. Definitions
   C. This Chapter shall apply to any person:
                                                                            A. Terms not otherwise defined in this Chapter shall
     1. claiming a credit;
                                                                         have the same meaning given to them in R.S. 47:6007,
     2. transferring or selling a credit; or
                                                                         unless the context clearly requires otherwise.
     3. acquiring a credit under this program.
                                                                            B. In this Chapter, the following terms shall have the
  AUTHORITY NOTE: Promulgated in accordance with R.S.
47:1125.1.                                                               meanings provided herein, unless the context clearly
  HISTORICAL NOTE: Promulgated by the Department of                      indicates otherwise.
Economic Development, Office of Business Development, Office                  Allocatee—an individual or entity that received an
of Entertainment Industry Development and the Office of the              allocation of investment tax credits.
Governor, Division of Administration, LR 36:52 (January 2010).                Allocator—an individual or entity that makes an
§1603. General Description                                               allocation of investment tax credits.
   A. The program offers two distinctive incentives:                          Base Investment—cash or cash equivalent investment
production and infrastructure.                                           made and used for:
     1. Production                                                               a. production expenditures in the state for a state-
        a. If the total base investment exceeds $300,000,                certified production;
each investor shall be allowed a tax credit based upon their                     b. infrastructure expenditures in the state for the
investment as follows:                                                   development of a state-certified infrastructure project.
           i. for state-certified productions initially certified        Infrastructure Expenditures shall include, but are not limited
on or after January 1, 2004, but before January 1, 2006:                 to, expenditures for infrastructure project development, film
             (a). a 10 percent tax credit, if the total base             and television production spaces, post-production
investment is more than $300,000 and less than $8,000,000;               equipment, facilities, equipment for distribution companies
             (b). a 15 percent tax credit, if the total base             domiciled within Louisiana, transportation equipment, land
investment is more than $8,000,000.                                      acquisition and closing costs, construction costs, design and
          ii. a 25 percent tax credit for state-certified                professional consulting fees associated with the state-
productions initially certified on or after January 1, 2006, but         certified infrastructure project, furniture, fixtures,
before July 1, 2009;                                                     equipment, and financing costs. Infrastructure expenditures
         iii. a 30 percent tax credit for state-certified                shall not include indirect costs, any amounts that are later
productions initially certified on or after July 1, 2009.                reimbursed by a third party, any costs related to the
        b. An additional payroll tax credit shall be allowed             allocation or transfer of tax credits, any amounts that are
for any base investment expended on behalf of employing                  paid to persons or entities as a result of their participation in
Louisiana residents on state-certified productions as follows:           profits from the exploitation of the state-certified
           i. a 10 percent tax credit for state-certified                Infrastructure Project.
productions initially certified before July 1, 2009; or                       Begin Construction―for projects with applications filed
          ii. a 5 percent payroll tax credit for state-certified         after August 1, 2007, construction of an infrastructure
productions initially certified on or after July 1, 2009.                project shall begin when:
     2. Infrastructure                                                           a. in the case of a new building, either:
        a. If the total base investment exceeds $300,000,                           i. materials to be used in the project, worth more
each investor shall be allowed a tax credit based upon their             than 5 percent of the construction budget, are placed at the
investment as follows:                                                   project site; or
           i. a 40 percent tax credit for state-certified                          ii. other work is performed on the site which is
infrastructure projects, for which applications for initial              visible from a simple inspection and reasonably indicates
certification were received by the office and the department             that the work has begun, such as substantial land fill, soil
prior to January 1, 2009:                                                reinforcement or pouring of a foundation. The following are
             (a). for applications received before August 1,             examples of services which do not indicate that work has
2007, there shall be no per project cap on tax credits, except           begun; services of surveyors or engineers; cutting or
as otherwise provided by the terms of the initial certification;         removal of trees; demolition of existing structures or
             (b).    for applications received after August 1,           clearing of the land surface;
2007, the total tax credit allowed for a state-certified                         b. in the case of a retrofit project to an existing
infrastructure project shall not exceed $25,000,000 per                  structure:
project.                                                                            i. materials to be used in the project, worth more
   B. Investor tax credits shall be transferable under the               than 10 percent of the construction budget, are placed at the
following conditions.                                                    project site; or
     1. Tax credit shall be earned by investors at the time                        ii. equipment to be used in the project, worth
expenditures are made in a state-certified production or                 more than 20 percent of the construction budget, is placed
state-certified infrastructure project.                                  and operational at the project site.
                                                                    53                 Louisiana Register Vol. 36, No. 1 January 20, 2010
     Commencement of Production―beginning principal                       portion of an individual salary in excess of one-million
photography or equivalent process.                                        dollars.
     Commissioner―Commissioner of Administration.                              Person―there are two kinds of persons; natural and
     Department―Louisiana Department of Economic                          juridical.
Development, or its successor.                                                    a. A natural person is a human being.
     Developer―a person responsible for the development                           b. A juridical person is an entity to which the law
of a state-certification infrastructure project.                          attributes personality, such as a corporation, partnership or
     Director―Director of the Office of Entertainment                     limited liability company.
Industry Development (the office).                                             Production Expenditures―preproduction, production
     Division―Division of Administration.                                 and postproduction expenditures directly incurred in this
     Expended in the State―                                               state that are directly used in a state-certified production,
        a. an expenditure to lease immovable property                     whether the production company directly contracts or
located in the state;                                                     subcontracts such work, including without limitation the
        b. an expenditure as compensation for services                    following:
performed in the state; or                                                        a. set construction and operation;
        c. an expenditure to purchase or lease tangible                           b. wardrobes, make-up, accessories, and related
personal property within the state where the transaction is               services;
subject to the state sales or lease tax provisions of Title 47 of                 c. costs associated with photography and sound
the Louisiana Revised Statutes of 1950:                                   synchronization, lighting, and related services and materials;
           i. a transaction that is subject to the states sales or                d. editing and related services;
lease tax provision of Title 47 of the Louisiana Revised                          e. rental of facilities and equipment;
Statutes of 1950 shall include transactions that are also                         f. leasing of vehicles;
subject to statutory exclusion or exemption.                                      g. costs of food and lodging;
     Expenditure―actual payment of cash or cash                                   h. digital or tape editing, film processing, transfer of
equivalent, paid by or on behalf of a state certified                     film to tape or digital format, sound mixing, special and
production or state-certified infrastructure project,                     visual effects (if services are performed in Louisiana);
exchanged for goods or services, as evidenced by an invoice,                      i. total aggregate payroll (limited to the amount of
receipt or other such document.                                           total payroll expended in Louisiana and which is taxable to
     Indirect Costs—costs of operation that are not directly              the recipient in Louisiana. A Louisiana tax return is required
associated with a specific production or infrastructure                   to be filed reflecting the amount of compensation paid while
project, such as clerical salaries, general administrative costs          the recipient is located in Louisiana. If the recipient is not a
and other overhead charges.                                               Louisiana resident, then a non-resident income tax return
     Louisiana Resident, Resident, or Resident of                         should be filed);
Louisiana―a natural person domiciled in the state of                              j. music, if performed, composed or recorded by a
Louisiana. Domicile may be established:                                   Louisiana resident , or released or published by a Louisiana-
        a. by maintaining a permanent place of abode                      domiciled and headquartered company;
within the state and spending in the aggregate more than six                      k. airfare, if purchased through a;
months of each year in the state; or                                              l. insurance costs or bonding, if purchased through
        b. by agreeing in writing to file a Form IT 540 or                a Louisiana company;
Form IT 540B as applicable, for the taxable year employed                         m. payments to a loan-out or personal services
by the motion picture production company, provided the                    corporation for the services of an out-of-state hire are
person subsequently files the form and pays any Louisiana                 allowed as long as the services are performed in Louisiana
income tax due.                                                           on a state certified production;
     Non-Applicable          Production       Expenditures―the                    n. cost of the independent audit.
following expenses are not eligible to earn tax credits:                       Production Facility―a physical facility that provides
        a. expenditures for marketing and distribution;                   the goods or services necessary for completing the major
        b. non-production related overhead;                               activities of motion picture production.
        c. amounts reimbursed by the state or any other                        Secretary―Secretary of the Department of Economic
governmental entity;                                                      Development.
        d. costs related to the transfer of tax credits;                       Source within the State―a physical facility in
        e. amounts that are paid to persons or entities as a              Louisiana, operating with posted business hours and
result of their participation in profits from the exploitation of         employing at least one full-time equivalent employee.
the production;                                                                State-Certified Infrastructure Project―shall mean a
        f. the application fee;                                           film, video, television, and digital production and
        g. state or local taxes;                                          postproduction facility, and movable and immovable
        h. any other expenditure not allowed by law or                    property and equipment related thereto, or any other facility
regulation.                                                               which supports and is a necessary component of such
     Office―Office of Entertainment Industry Development.                 proposed state-certified infrastructure project, all as
     Payroll―all salary, wages and other compensation,                    determined and approved by the office, the Secretary of the
including benefits paid to an employee and taxable in this                Department of Economic Development, and the Division of
state. However, payroll for purposes of the additional tax                Administration under such terms and conditions as are
credit for Louisiana-resident payroll shall exclude any                   authorized by this Section. The term infrastructure project

Louisiana Register Vol. 36, No. 1 January 20, 2010                   54
shall not include movie theaters or other commercial                  a signed distribution agreement with either a major theatrical
exhibition facilities.                                                exhibitor, television network or cable television programmer
     State-Certified Production―a production approved by              for distribution of the production.
the office and the secretary which is produced by a motion                      ii. Infrastructure:
picture production company domiciled and headquartered in                          (a) working name of the infrastructure project;
Louisiana and which has a viable multi-market commercial                           (b) name of the requesting infrastructure
distribution plan.                                                    company;
     Transferee―an individual or entity that receives a                            (c) name, telephone number, e-mail address and
transfer of investor tax credits.                                     attesting signature of the requesting infrastructure
     Transferor―an individual or entity that makes a transfer         company’s contact person;
of an investor tax credit.                                                         (d) approximate beginning and ending date of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 construction in Louisiana;
47:1125.1.                                                                         (e) Louisiana office address;
  HISTORICAL NOTE: Promulgated by the Department of                                (f) telephone number of requesting company’s
Economic Development, Office of Business Development, Office          Louisiana office address;
of Entertainment Industry Development and the Office of the
                                                                                   (g) estimated total project-related costs or total
Governor, Division of Administration, LR 36:53 (January 2010).
                                                                      costs associated with the infrastructure project;
§1607. Certification Procedures
                                                                                   (h). a preliminary operating budget including the
   A. Application
                                                                      estimated Louisiana payroll and estimated in-state
      1. An application for initial certification shall be
                                                                      investment;
submitted with an application fee payable to the Office, as
                                                                                   (i) a detailed business plan outlining the exact
required by R.S. 47:6007.D(2)(b).
                                                                      proposed costs;
        a. All applications shall include information as
                                                                                   (j) total number of jobs to be created by the
required by R.S. 47:6007.D(2)(a).
                                                                      infrastructure project.
        b. In addition, the following program specific
                                                                         B. Qualification. The office and the secretary, and in the
information is required.
                                                                      case of infrastructure projects, the division, shall determine
          i. Production:
                                                                      whether a production or infrastructure project qualifies for
            (a) working title of the production. Should the
                                                                      certification, by meeting all requirements of R.S. 47:6007
title change, the state-certified production needs to inform
                                                                      and these regulations, and taking the following factors into
the office as soon as that change is made;
                                                                      consideration:
            (b) name of the requesting production company;
                                                                           1. the impact of the production or infrastructure
            (c) name, telephone number, e-mail address and
                                                                      project on the immediate and long-term objectives of R.S.
attesting signature of the requesting production company's
                                                                      47:6007;
contact person;
                                                                           2. the impact of the production or infrastructure
            (d) approximate beginning and ending date of
                                                                      project on the employment of Louisiana residents;
production in Louisiana;
                                                                           3. the impact of the production or infrastructure
            (e) Louisiana office address;
                                                                      project on the overall economy of the state.
            (f) telephone number of requesting company’s
                                                                         C. Initial Certification
Louisiana office address;
                                                                           1. After review and upon a determination of
            (g) estimated total production-related costs of
                                                                      qualification, initial certification will be issued as follows.
production;
                                                                              a. Production
            (h) estimated total amount of production-related
                                                                                 i. The office and the department shall issue an
costs to be expended in Louisiana;
                                                                      initial certification letter to the applicant, verifying the status
            (i) estimated total payroll to be paid by the
                                                                      of the production as a state certified production.
requesting production company to Louisiana residents
                                                                              b. Infrastructure
employed by the requesting production company in
                                                                                 i. The office, the department and the division
connection with the production;
                                                                      shall issue an initial certification letter to the applicant,
            (j) a preliminary budget including the estimated
                                                                      verifying the status of the project as a state certified
Louisiana payroll and estimated in-state investment;
                                                                      infrastructure project.
            (k) a copy of script (including synopsis) will be
                                                                           2. Additional information may be requested by the
made available to OEID and subsequently returned to the
                                                                      office, the department and/or the division in order to make a
applicant;
                                                                      determination of eligibility for the program.
            (l) list of principal creative elements such as
                                                                           3. Initial certifications shall be issued in the amount
principal cast, producer, and director; and
                                                                      determined to be eligible, and:
            (m) facts sufficient for the office and the
                                                                              a. shall contain a unique identifying number for
department to determine each of the following:
                                                                      each production or project;
                 (i) that      the   requesting   production
                                                                              b. may require state-certified productions to display
company is a motion picture production company as defined
                                                                      an animated state brand or logo as a condition for receiving
in R.S. 47:6007(B)(6);
                                                                      tax credits.
                (ii) that      the   requesting   production
                                                                           4. Duration of Effect
company is domiciled and headquartered in Louisiana; and
                                                                              a. Once an initial certificate is issued by the office,
               (iii) that      the   requesting   production
                                                                      the department (and the division where appropriate), the
company has either a viable multi market distribution plan or
                                                                 55                  Louisiana Register Vol. 36, No. 1 January 20, 2010
applicant or official representative must countersign and                       b. the appeal is made by delivery of a written
return an original to the office, within 30 business days,               objection, with supporting documentation to the secretary
acknowledging initial certification status.                              and also in the case of infrastructure projects to the
        b. For productions, initial certification shall be               commissioner;
effective for a period 12 months prior to and 12 months after                   c. within 30 days of receipt of a timely appeal, the
the date of initial certification, unless the production has             secretary (or his designee) and the commissioner, where
commenced, in which case the initial certification shall be              applicable, will review the appeal, and issue a joint written
valid until the production is completed.                                 determination. The secretary and the commissioner may
   D. Final Certification; Audit Requirements                            extend the time for the determination for an additional 30
     1. Prior to any final certification of credits, the motion          days. In the event the secretary and the commissioner do not
picture production company applicant shall submit to the                 agree, or fail to issue a determination within the required
office a notarized statement demonstrating conformity with               time, the appeal is deemed denied;
and agreeing to the following:                                                  d. the written determination shall be the final
        a. to pay all undisputed legal obligations incurred in           agency decision of the department, and the division where
the state;                                                               applicable;
        b. to publish upon completion of principal                              e. the applicant may appeal an adverse decision to
photography a notice at least once a week for three                      the Nineteenth Judicial District Court.
consecutive weeks in local newspapers in regions where                     AUTHORITY NOTE: Promulgated in accordance with
filming has taken place, notifying creditors to file any claims          R.S. 47:1125.1.
within a specific date;                                                    HISTORICAL NOTE: Promulgated by the Department of
        c. that the outstanding obligations are not waived               Economic Development, Office of Business Development, Office
should a creditor fail to file by the specific date;                     of Entertainment Industry Development and the Office of the
        d. to delay any claims for credits until the office              Governor, Division of Administration, LR 36:55 (January 2010).
delivers written notice to the Secretary of the Department of            §1609 Additional Program Provisions - Production
Revenue that the production company has fulfilled all                       A. Payroll Tax Credit
requirements for the credit.                                                  1. To the extent base investment is expended on
     2. When requesting final certification of credits, the              payroll for Louisiana residents employed in connection with
motion picture production company or infrastructure project              a state-certified production:
applicant shall submit to the office the following:                              a. for state-certified productions initially certified
        a. a cost report, certified by a state licensed,                 before July 1, 2009, each investor shall be allowed an
independent certified public accountant and complying with               additional tax credit of 10 percent of such payroll;
the minimum standards as required by R.S. 47:6007.D(2)(d).                       b. for state-certified productions initially certified
The cost report may be subject to additional audit by the                after July 1, 2009, each investor shall be allowed an
department, the division, or the Department of Revenue, at               additional tax credit of 5 percent of such payroll.
the applicants expense;                                                       2. However, if the payroll to any one person exceeds
        b. additional information as may be requested.                   $1,000,000, this additional credit shall exclude any salary for
     3. After review and upon a determination of                         that person in excess of $1,000,000.
                                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
qualification, a final tax credit certification letter indicating
                                                                         47:1125.1.
the amount of tax credits certified for the production or                  HISTORICAL NOTE: Promulgated by the Department of
infrastructure project will be issued by the director, the               Economic Development, Office of Business Development, Office
secretary (or his designee) and also in the case of                      of Entertainment Industry Development and the Office of the
infrastructure projects, the commissioner.                               Governor, Division of Administration, LR 36:56 (January 2010).
     4. Multiple requests for final certification may be                 §1611. Additional Program Provisions―Infrastructure
submitted.                                                                 A. Tax credits may be granted only for infrastructure
        a. Each submission must be accompanied by an                     projects directly related to the acquisition and construction
audited cost report indicating expenditures.                             of a film, video, television, or video production or
        b. Two submissions shall be certified at no                      postproduction facility and shall not apply to any
additional fee by the office.                                            infrastructure project such as a hotel or lodging facility, golf
        c. Additional charges may apply for three or more                course, or retail shopping facility or other facility which the
certification requests.                                                  department and the division deem unrelated to such
   E. Appeal Process. In the event that an application for               purposes.
initial or final certification is denied:                                     1. If an infrastructure project may be used for other
     1. the office shall promptly provide written notice of              purposes unrelated to the production or postproduction
such denial to the Senate Committee on Revenue and Fiscal                activities, tax credits may be granted for that portion of the
Affairs and the House Committee on Ways and Means;                       project that is deemed by the department and the division to
     2. the applicant may appeal as follows:                             be necessary to support or secure production or
        a. an applicant may appeal within 30 days from                   postproduction activities.
receipt of a denial. Receipt will be conclusively presumed                    2. In the case of immovable assets deemed related, an
from the sending of the denial by electronic mail to an                  applicant must provide assurances that:
address provided by the applicant or by a return receipt
evidencing delivery by U.S. Postal Service or private carrier;


Louisiana Register Vol. 36, No. 1 January 20, 2010                  56
        a. such assets will exclusively support the initially                   a. the total base investment expended in this state,
certified film infrastructure project; and                              exceeds $300,000;
        b. that the applicant will not divert the use of the                    b. the total tax credit allowed shall not exceed
assets to purposes that do not promote or provide for the               $25,000,000;
productions within the state of Louisiana.                                   2. if all or a portion of an infrastructure project is a
     3. In the case of movable assets deemed related, an                facility which may be used for other purposes unrelated to
applicant must provide assurances that:                                 production or postproduction activities, then no tax credits
        a. the moveable assets shall remain in Louisiana,               shall be earned on such multiple-use facilities until the
for as long as specified in any agreements pursuant to                  production or postproduction facility is complete;
§1611.A.4 below;                                                             3. construction of the infrastructure project shall begin
        b. be used in the production of motion pictures or              within six months of the preliminary certification;
other visual media productions within the state of Louisiana;                4. credits may not be earned until 25 percent of the
and                                                                     total base investment, provided for in the preliminary
        c. used for not less than 80 percent of the asset's             certification of an infrastructure project, has been certified as
useful life.                                                            expended;
     4. Assurances may be secured by appropriate                             5. no tax credit shall be allowed for expenditures
agreements, including, but not limited to the following terms           made for any infrastructure project after December 31, 2008,
and conditions:                                                         unless 50 percent of the total base investment provided for in
        a. a requirement of approval prior to sale of such              the initial certification of the project has been expended prior
assets;                                                                 to that date. The expenditures may be finally certified at a
        b. a requirement for a minimum number of years                  later date;
before such assets may be transferred to a different owner;                     a. transactions qualifying toward he 50 percent
        c. limitations on transferability of the tax credits for        expenditure requirement include, but are not limited to, an
current or future holders;                                              arm’s length transaction in which the obligation is secured
        d. a reserve fund that may be re-captured by the                by the subject of the transaction and the maturity date for
state; and/or                                                           such obligation occurs after December 31, 2008, if such
        e. a structured release of tax credits.                         transaction was executed on or before December 31, 2008.
     5. Any conditions to meet the requirements of this                 However, such transactions shall not qualify to earn tax
Sub-section shall be explicitly stated in the initial                   credits, or otherwise be deemed to be expenditures, until
certification issued for the project.                                   actual payments are made and the transaction meets the
        a. In the event an applicant fails to meet the                  definition of expenditure provided in §1605.B above;
conditions, as specified in the certification letter, any such               6. expenditures shall be certified by the department,
acts, omissions or failures shall constitute a default, and the         office and division and credits are not transferable until such
office shall retain all rights to modify the terms and                  certification;
conditions of the certification, and to reclaim disbursed                    7. for purposes of allowing tax credits against state
credits in an amount commensurate with the scope of the                 income tax liability and transferability of the tax credits, the
unmet performance objectives and the foregone benefits to               tax credits shall be deemed earned at the time expenditures
the state. Reclamation shall not begin unless the office has            are made, provided that all requirements of this Subsection
determined, after an analysis of the benefits of the project to         have been met and after the tax credits have been certified;
the state and the unmet performance objectives, that the state               8. the department, office and division may require the
has not satisfactorily or adequately recouped its costs                 tax credits to be taken and/or transferred in the period in
through the benefits provided by the project.                           which the credit is earned or may structure the tax credit in
   B. For infrastructure applications received prior to                 the initial certification of the project to provide that only a
August 1, 2007:                                                         portion of the tax credit be taken over the course of two or
     1. the applicant shall have 24 months from the date of             more tax years;
approval of the rules or January 1, 2008, whichever is                       9. the credit shall be allowed against the income tax
earlier, in which to qualify for the 40 percent tax credits             for the taxable period in which the credit is earned or for the
earned on expenditures;                                                 taxable period in which initial certification authorizes the
     3. a minimum of 20 percent or $10,000,000 of the                   credit to be taken.
total base investment (as provided for in the initial                     AUTHORITY NOTE: Promulgated in accordance with R.S.
certification) that is unique to film production infrastructure         47:1125.1.
shall be expended before any infrastructure tax credits can               HISTORICAL NOTE: Promulgated by the Department of
be earned.                                                              Economic Development, Office of Business Development, Office
                                                                        of Entertainment Industry Development and the Office of the
     4. payment of tax credits earned may be structured                 Governor, Division of Administration, LR 36:56 (January 2010).
over the course of two or more tax years, and may be made
                                                                        §1613. Application of the Tax Credit
after the year expenditures are made, as provided for in the
                                                                           A. Prior to claiming a tax credit on any tax return, or
initial certification.
                                                                        transferring any tax credit, a person must apply for and
   C. For infrastructure applications received after August
                                                                        obtain a final certification. The investor tax credit may be
1, 2007 and before January 1, 2009:
                                                                        earned, transferred, allocated, and claimed as follows.
     1. the tax credit shall be 40 percent of the base
                                                                             1. Earn. Individuals or entities may earn investor tax
investment expended in this state on projects, provided that:
                                                                        credits pursuant to R.S. 47:6007(C)(1).

                                                                   57                 Louisiana Register Vol. 36, No. 1 January 20, 2010
        a. Once tax credits are earned by an individual or                through, cannot be used to eliminate any penalties and
entity, such individual or entity and any subsequent                      interest on overdue income taxes from prior tax years:
transferee, may transfer or allocate the investor tax credits.                       i. however, an investor tax credit that is
     2. Transfer. Any motion picture investor tax credits                 purchased is treated as property and can be applied to
not previously claimed by any taxpayer against its income                 penalties and interest on overdue income taxes from prior
tax may be transferred or sold to another Louisiana taxpayer              tax years pursuant to R.S. 47:1675(H)(1)(c):
or to the office, pursuant to R.S. 47:6007(C)(4).                                      (a) penalties and interest will continue to accrue
        a. If the investor tax credits (evidenced by a                    until the taxes on which such penalties and interest are
certification letter) are transferred to the office:                      accruing are paid;
        i. on and after January 1, 2007 and prior to                                   (b) the date of payment is the date that the
December 31, 2008 the state shall make payment to the                     Louisiana Department of Revenue receives a return from a
investor at a value of 72 percent of the face-value of the                taxpayer on which the investor tax credits are claimed.
credits;                                                                     B. If the investor tax credits (evidenced by a tax credit
           ii. on January 1, 2009 and every second year                   certification letter) are transferred or allocated as provided
thereafter, the percent of the value of the tax credits paid by           herein.
the state shall increase 2 percent until the percentage reaches                1. The transferor shall submit to the office the original
80 percent;                                                               certificate of ownership, evidencing the investor tax credits
          iii. for state-certified productions which receive              being transferred or allocated, as required by R.S.
initial certification on or after July 1, 2009, the state shall           47:6007(C)(5).
make payment to the investor at a value of 85 percent of the                   2. After receipt, the office may issue to each
face-value of the credits.                                                transferee or allocatee, a certificate of ownership signed by
     3. Allocate. If the investor tax credits are earned by, or           the director reflecting:
allocated or transferred to, an entity not taxed as a                             a. such transferee’s or allocatee's name;
corporation, the entity may allocate the credit by issuing                        b. the dollar amount of investor tax credits
ownership interests to any individuals or other entities on               transferred or allocated;
such terms that are agreed to by the relevant parties and in                      c. the calendar year in which the investor tax credits
accordance with the terms of the allocating entity’s operating            were originally earned;
agreement or partnership agreement. These terms may result                        d. the state-certified infrastructure project or the
in the allocation of up to 100 percent of the investor tax                state-certified production with respect to which such investor
credits to any individual or entity regardless of the federal             earned the investor tax credits; and
tax treatment of the allocation:                                                  e. the identifying number assigned to such state-
        a. the allocating entity:                                         certified infrastructure project or state-certified production.
            i. may be treated as a partnership for federal or                  3. If the certificate of ownership submitted evidences
state tax purposes; or                                                    more investor tax credits than actually transferred or
           ii. may be treated as an entity that is disregarded            allocated, then the office may issue an additional certificate
as an entity separate from its owners for federal or state tax            of ownership, reflecting any remaining investor tax credit
purposes, and in which case, each holder may agree that it                balance.
will not treat the allocating entity as a partnership or itself as             4. Any person or entity engaged in the business of
a partner or the ownership interest in the allocating entity as           buying and reselling tax credits may elect to maintain its
a partnership interest for federal tax or state tax purposes.             certificate of ownership on file with the office, such that it
     4. Claim. Tax credits may be claimed as follows:                     need not surrender, and have reissued, its certificate of
        a. an owner of tax credits may apply the credits to               ownership each time it sells a tax credit.
offset an outstanding Louisiana income tax liability for any                      a. In such cases, the office may issue comporting
tax year beginning in the year that the investor initially                certificates of ownership to transferees or allocates,
earned the tax credit or in any year thereafter within the 10             designated by the transferor or allocator in writing, until
year carry forward period;                                                such time as the tax credits represented in the original
        b. in the case of tax credits owned (held) by an                  certificate have been exhausted.
entity not taxed as a corporation, the credits shall be deemed                 5. Any taxpayer claiming investor tax credits against
to flow through or be allocated to partners or members at the             its Louisiana income tax liability shall submit to the
end of the tax year in which the entity acquired the credits              Department of Revenue, with its Louisiana income tax
unless the partnership or membership agreement provides                   return for the year in which the taxpayer is claiming the
otherwise;                                                                investor tax credits, an original certificate of ownership
        c. any individual or entity shall be allowed to claim             issued by the office or the transfer notice pursuant to this
the investor tax credit against its Louisiana income tax                  rule, evidencing the dollar amount of the investor tax credits
liability:                                                                being claimed.
            i. whether or not any such individual is a                         6. The failure of the office to timely issue a certificate
Louisiana resident; and                                                   of ownership in accordance with this rule shall not:
           ii. whether or not any such entity is domiciled in                     a. void or otherwise affect, in any way, the legality
Louisiana, organized under Louisiana law, or headquartered                or validity of any transfer of investor tax credits;
in Louisiana;                                                                     b. prohibit any Louisiana taxpayer from claiming
        d. an investor tax credit, in the hands of the                    investor tax credits against its Louisiana income tax liability,
taxpayer that earned the credit or received it by flow-

Louisiana Register Vol. 36, No. 1 January 20, 2010                   58
if the investor tax credits are otherwise transferred or                                              RULE
claimed in accordance with R.S. 47: 6007 and these rules; or
                                                                               Board of Elementary and Secondary Education
       c. result in any recapture, forfeiture or other
disallowance of investor tax credits under R.S. 47:6007(E)
or (F) or otherwise.                                                                    Public Comments (LAC 28:I.713)
  AUTHORITY NOTE: Promulgated in accordance with R.S.
47:6007.                                                                     In accordance with R.S. 49:950 et seq., the Administrative
  HISTORICAL NOTE: Promulgated by the Department of                       Procedure Act, the Board of Elementary and Secondary
Economic Development, Office of Business Development, Office              Education has amended the Louisiana Administrative Code,
of Entertainment Industry Development and the Office of the               Title 28, Part I, §713.Public Comments. BESE is removing
Governor, Division of Administration, LR 36:57 (January 2010).            the following notation in Section 713: "NOTE: It should be
                                                                          noted that BESE meetings, while open to the public, are not
                               Kristy Mc Kearn                            public hearing forums; therefore, public comments shall be
                               Undersecretary                             allowed at the discretion of the presiding officer or chair,
1001#037
                                                                          subject to the provisions provided herein".
                                                                                                     Title 28
                               RULE
                                                                                                  EDUCATION
     Board of Elementary and Secondary Education                          Chapter 7. Operations
                                                                           Part I. Board of Elementary and Secondary Education
      Bulletin 741—Louisiana Handbook for School                          §713. Public Comments
    Administrators—Carnegie Credit for Middle School                           NOTE: Repealed.
              Students (LAC 28:CXV.2321)                                    A. - A.9.    ...
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
     Editor's Note: This Rule is being repromulgated to correct a         17:6(A)(10) and R.S. 42:5(D).
     citation. The original Rule may be viewed on page 2319 in the          HISTORICAL NOTE: Promulgated by the Board of
     November 20, 2009 issue of the Louisiana Register.                   Elementary and Secondary Education, LR 34:422 (March 2008).,
                                                                          amended LR 36:59 (January 2010).
  In accordance with R.S. 49:950 et seq., the Administrative
Procedure Act, the Board of Elementary and Secondary                                                 Jeanette B. Vosburg
Education has amended Bulletin 741—Louisiana Handbook                                                Executive Director
for School Administrators: §2321. Carnegie Credit for                     1001#056
Middle School Students. This policy revision adds
Introduction to Business Computer Applications to the list of                                         RULE
courses which middle school students may take for high                               Department of Environmental Quality
school Carnegie credit. This policy revision is being revised                              Office of the Secretary
so that middle school students can take this course for high                                Legal Affairs Division
school credit. This course is a prerequisite for many
career/tech courses.                                                                 Control of Emissions of Nitrogen Oxides
                           Title 28                                                   (LAC 33:III.2201 and 2202)(AQ305)
                        EDUCATION
    Part CXV. Bulletin 741—Louisiana Handbook for                            Under the authority of the Environmental Quality Act,
                   School Administrators                                  R.S. 30:2001 et seq., and in accordance with the provisions
Chapter 23. Curriculum and Instruction                                    of the Administrative Procedure Act, R.S. 49:950 et seq., the
§2321. Carnegie Credit for Middle School Students                         secretary has amended the Air regulations, LAC 33:III.2201
  A. Students in grades five through eight are eligible to                and 2202 (Log #AQ305).
receive Carnegie credit for courses in the high school                       This Rule provides a new contingency plan to further
program of studies in mathematics, science, social studies,               control emissions of nitrogen oxides (NOx) from facilities
English, foreign language, keyboarding/keyboarding                        located in the Baton Rouge area (i.e., the parishes of
applications, introduction to business computer applications,             Ascension, East Baton Rouge, Iberville, Livingston, and
or computer/technology literacy.                                          West Baton Rouge) and the Region of Influence (i.e., the
  B. - F. …                                                               parishes of East Feliciana, Pointe Coupee, St. Helena, and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     West Feliciana) in the event that EPA notifies the department
17:7; R.S. 17:24.4.                                                       that the Baton Rouge area has exceeded the 1997 8-hour
  HISTORICAL NOTE: Promulgated by the Board of
Elementary and Secondary Education, LR 31:1293 (June 2005),
                                                                          National Ambient Air Quality Standard (NAAQS) for ozone
amended LR 33:430 (March 2007), LR 33:2601 (December 2007),               and contingency has been triggered. This Rule amends the
LR 34:609 (April 2008), LR 34:2031 (October 2008), LR 35:443              contingency plan to extend the applicability of the
(March 2009), LR 35:2319 (November 2009), repromulgated LR                regulations by two months. There is evidence that many of
36:59 (January 2010).                                                     the past violations of the ozone standard have occurred
                                                                          outside the ozone season defined in LAC 33:III.Chapter 22
                               Jeanette B. Vosburg                        (i.e., before May 1 and after September 31). It is expected
                               Executive Director                         that extending the use of NOx controls beyond the ozone
1001#078                                                                  season may prevent some of these violations. This Rule also
                                                                          modifies definitions and makes revisions to clarify the
                                                                     59                 Louisiana Register Vol. 36, No. 1 January 20, 2010
regulations. This Rule is also a revision to the Louisiana              the first and second days for day two, and so on until the
State Implementation Plan for air quality. The basis and                first full 30-day average falling entirely within the ozone
rationale for this Rule are to provide a necessary element in           season is reached;
the State Implementation Plan revisions that will occur when                    b. calculate and record a 30-day rolling average for
the Baton Rouge Nonattainment Area is redesignated to                   day one of the ozone season using the hourly readings from
attainment and to continue to provide protection of human               that day and the previous 29 calendar days, for the second
health and welfare. This Rule meets an exception listed in              day of the ozone season using the readings from the first two
R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no                 ozone season days and the preceding 28 calendar days, and
report regarding environmental/health benefits and                      so on until the first full 30-day average falling entirely
social/economic costs is required.                                      within the current ozone season is reached; or
                            Title 33                                            c. calculate and record a 30-day rolling average for
              ENVIRONMENTAL QUALITY                                     day one of the ozone season using the hourly readings from
                          Part III. Air                                 that day and the last 29 days of the previous ozone season,
Chapter 22. Control of Emissions of Nitrogen Oxides                     for the second day of the ozone season using the readings
                 (NOx)                                                  from the first two current ozone season days and the last 28
§2201. Affected Facilities in the Baton Rouge                           days of the previous ozone season, and so on until the first
          Nonattainment Area and the Region of Influence                full 30-day average falling entirely within the current ozone
   A. - A.1. …                                                          season is reached.
     2. The provisions of this Chapter shall apply during                                             ***
the ozone season, as defined in Subsection B of this Section,              C. Exemptions. The following categories of equipment
of each year.                                                           or processes located at an affected facility within the Baton
     3. …                                                               Rouge Nonattainment Area or the Region of Influence are
   B. Definitions. Unless specifically defined in this                  exempted from the provisions of this Chapter:
Subsection or in LAC 33:III.111 or 502, the words, terms,                    1. - 3.b. …
and abbreviations in this Chapter shall have the meanings                    4. low ozone season capacity factor boilers and
commonly used in the field of air pollution control. For                process heater/furnaces, as defined in Subsection B of this
purposes of this Chapter only, the following definitions shall          Section, in accordance with Paragraph H.11 of this Section;
supersede any definitions in LAC 33:III.111 or 502.                          5. - 5.g. …
                               ***                                           6. any point source, in accordance with Paragraph
     Affected Facility―any facility within the Baton Rouge              H.12 of this Section, that operates less than 3 hours per day,
Nonattainment Area with one or more affected point sources              using a 30-day rolling average, during the ozone season;
that collectively emit or have the potential to emit 25 tons or              7. - 14. …
more per year of NOx, unless exempted in Subsection C of                     15. any affected point source that is required to meet a
this Section, or any facility within the Region of Influence            more stringent state or federal NOx emission limitation,
with one or more affected point sources that collectively               whether by regulation or permit. In this case, the monitoring,
emit or have the potential to emit 50 tons or more per year of          reporting, and recordkeeping requirements shall be in
NOx, unless exempted in Subsection C of this Section.                   accordance with the more stringent regulation or permit and
Exempt sources in a facility shall not be included in the               not this Chapter. If the applicable regulation or permit does
determination of whether it is an affected facility.                    not specify monitoring, reporting and recordkeeping
                               ***                                      requirements, the provisions of Subsections H and I of this
     Low Ozone Season Capacity Factor Boiler or Process                 Section shall apply;
Heater/Furnace―a boiler or process heater/furnace in the                     16. - 17. …
Baton Rouge Nonattainment Area with a maximum rated                          18. any affected point source firing fuel oil during a
capacity greater than or equal to 40 MMBtu/hour and an                  period of emergency and approved by the administrative
ozone season average heat input less than or equal to 12.5              authority;
MMBtu/hour, using a 30-day rolling average; or in the                        19. - 20. …
Region of Influence with a maximum rated capacity greater                  D. Emission Factors
than or equal to 80 MMBtu/hour and an ozone season                           1. The following tables list NOx emission factors that
average heat input less than or equal to 25 MMBtu/hour,                 shall apply to affected point sources located at affected
using a 30-day rolling average.                                         facilities in the Baton Rouge Nonattainment Area or the
                               ***                                      Region of Influence.
     Ozone Season―except as provided in LAC 33:III.2202,
the period May 1 to September 30, inclusive, of each year.                                             Table D-1A
                                                                                        NOx Emission Factors for Sources in the
                               ***                                                        Baton Rouge Nonattainment Area
     Thirty-Day (30-Day) Rolling Average―an average,                                                                         NOx Emission
calculated daily, of all hourly data for the last 30 days for an           Category       Maximum Rated Capacity
                                                                                                                                Factor a
affected point source. At the beginning of each ozone                   Electric Power Generating System Boilers:
season, use one of the following methods to calculate the               Coal-fired        >/= 40 to <80 MMBtu/Hour     0.50 pound/MMBtu
initial 30-day averages:                                                                  >/= 80 MMBtu/Hour            0.21 pound/MMBtu
                                                                        Number 6 Fuel
        a. calculate and record the average of all hourly               Oil-fired
                                                                                          >/= 40 to <80 MMBtu/Hour     0.30 pound/MMBtu
readings taken during the first day of the ozone season for                               >/= 80 MMBtu/Hour            0.18 pound/MMBtu
day one, then the average of all hourly readings taken during
Louisiana Register Vol. 36, No. 1 January 20, 2010                 60
                             Table D-1A                                           approval of the administrative authority. If a facility has
                NOx Emission Factors for Sources in the                           received approval from the administrative authority for a
                  Baton Rouge Nonattainment Area
                                                                                  plan to use Number 6 fuel oil, this is considered prior
                                                     NOx Emission
  Category        Maximum Rated Capacity
                                                        Factor a                  approval for purposes of this Paragraph.
All Others                                                                           E. - E.1.c.ii. …
(gaseous or       >/= 40 to <80 MMBtu/Hour        0.20 pound/MMBtu                        d. An owner or operator that chooses to use the
liquid)                                                                           provisions of Clause E.1.b.i or E.1.c.i of this Section to
                     >/= 80 MMBtu/Hour              0.10 pound/MMBtu
                                                                                  demonstrate compliance in an averaging plan shall include
Industrial Boilers:
All Fuels            >/= 40 to <80 MMBtu/Hour       0.20 pound/MMBtu
                                                                                  in the submitted plan a description of the actions that will be
                     >/= 80 MMBtu/Hour              0.10 pound/MMBtu              taken if any under-controlled unit is operated at more than
Process Heater/Furnaces:                                                          10 percent above its averaging capacity (HIi in Subparagraph
Ammonia
                     >/= 40 to <80 MMBtu/Hour       0.30 pound/MMBtu
                                                                                  E.1.a of this Section). Such actions may include a
Reformers                                                                         comparison of the total current emissions from all units in
                     >/= 80 MMBtu/Hour              0.23 pound/MMBtu
                                                                                  the averaging plan to the total emissions that would result if
All Others           >/= 40 to <80 MMBtu/Hour       0.18 pound/MMBtu
                     >/= 80 MMBtu/Hour              0.08 pound/MMBtu
                                                                                  the units in the plan were operated in accordance with
Stationary Gas Turbines:                                                          Subsection D of this Section, other reviews, reporting,
Peaking                                                                           and/or mitigation actions. If the department determines that
Service, Fuel        >/= 5 to <10 MW                0.37 pound/MMBtu              the actions are not adequate to prevent an increase of
Oil-fired                                                                         emissions over the total emissions that would result if the
                     >/= 10 MW                        0.30 pound/MMBtu
Peaking
                                                                                  units were operated in accordance with Subsection D of this
Service, Gas-        >/= 5 to <10 MW                0.27 pound/MMBtu              Section, the department shall require that the averaging plan
fired                                                                             and/or the action plan be revised or shall disallow the use of
                     >/= 10 MW                        0.20 pound/MMBtu            the averaging plan.
All Others           >/= 5 to <10 MW                0.24 pound/MMBtub                     e. …
                     >/= 10 MW                      0.16 pound/MMBtuc
                                                                                          f. NOx reductions accomplished after 1997 through
Stationary Internal Combustion Engines:
Lean-burn            >/= 150 to <320 Hp             10 g/Hp-hour                  curtailments in capacity of a point source with a permit
                     >/= 320 Hp                     4 g/Hp-hour                   revision or by permanently shutting down the point source
Rich-burn            >/= 150 to <300 Hp             2 g/Hp-hour                   may be included in the averaging plan. In order to include a
                     >/= 300 Hp                     2 g/Hp-hour                   unit with curtailed capacity or that has been permanently
    a
    b
      based on the higher heating value of the fuel                               shut down in the averaging plan, the old averaging capacity,
      equivalent to 65 ppmv (15 percent O2, dry basis) with an F factor of        determined from the average of the two ozone seasons prior
8710 dscf/MMBtu
    c
      equivalent to 43 ppmv (15 percent O2, dry basis) with an F factor of        to the capacity curtailment or shutdown, or such other two-
8710 dscf/MMBtu                                                                   year period as the department may approve, shall be used to
                                                                                  calculate the unit’s contribution to the term FL. The new
                                  Table D-1B                                      averaging capacity, determined from the enforceable permit
       NOx Emission Factors for Sources in the Region of Influence                revision, shall be multiplied by the owner-assigned limit to
                             Maximum Rated                  NOx Emission
     Category
                                  Capacity                      Factor a
                                                                                  calculate the contribution of the curtailed unit to the
Electric Power Generating System Boilers:                                         cumulative emission factor for the averaging group. For a
Coal-fired               >/= 80 MMBtu/Hour              0.21 pound/MMBtu          shut down source, the contribution to the cumulative
Number 6 Fuel
                         >/= 80 MMBtu/Hour              0.18 pound/MMBtu
                                                                                  emission factor shall be zero.
Oil-fired                                                                                 g. NOx reductions from post 1997 modifications to
All Others                                                                        exempted point sources, as defined in Subsection C of this
                         >/= 80 MMBtu/Hour              0.10 pound/MMBtu
(gaseous or liquid)
Industrial Boilers:                                                               Section, may be used in a facility-wide averaging plan. If a
All Fuels                >/= 80 MMBtu/Hour              0.10 pound/MMBtu          unit exempted in Subsection C of this Section is included in
Process Heater/Furnaces:                                                          an averaging plan, the term Rli in Equation E-1 shall be
Ammonia
                         >/= 80 MMBtu/Hour              0.23 pound/MMBtu          established, in accordance with Subsection G of this Section,
Reformers                                                                         from a stack test or other determination of emissions
All Others               >/= 80 MMBtu/Hour              0.08 pound/MMBtu
                                                                                  approved by the department that was performed before the
Stationary Gas Turbines:
Peaking Service,                                                                  NOx reduction project was implemented, and the term R ai
                         >/= 10 MW                      0.30 pound/MMBtu          shall be established from the owner-assigned emission factor
Fuel Oil-fired
Peaking Service,
                         >/= 10 MW                      0.20 pound/MMBtu
                                                                                  in accordance with Subparagraph E.1.a of this Section. For
Gas-fired                                                                         the case of a point source exempted by Paragraph C.15 of
All Others               >/= 10 MW                      0.16 pound/MMBtub
                                                                                  this Section, if the permit limits were established after 1997
Stationary Internal Combustion Engines:
Lean-burn                >/= 1500 Hp                    4 g/Hp-hour
                                                                                  and were not required by a state or federal regulation, the
Rich-burn                >/= 300 Hp                     2 g/Hp-hour               source may be included in an averaging plan, with the term
   a
     all factors are based on the higher heating value of the fuel                Rli taken from Table D-1A or D-1B in Paragraph D.1 of this
   b
     equivalent to 43 ppmv (15 percent O2, dry basis) with an F factor of         Section.
8710 dscf/MMBtu                                                                      E.1.h. - G.4. …
    2. - 8. …                                                                           5. Compliance with the emission specifications of
    9. On a day that is designated as an Ozone Action Day                         Subsection D or E of this Section for affected point sources
by the department, a facility shall not fire an affected point                    operating without CEMS or PEMS shall be demonstrated
source with Number 6 fuel oil or perform testing of                               while operating at the maximum rated capacity, or as near
emergency and training combustion units without prior
                                                                             61                 Louisiana Register Vol. 36, No. 1 January 20, 2010
thereto as practicable. The stack tests shall be performed              season-hour limit is exceeded, the owner or operator of any
according to emissions testing guidelines located on the                boiler or process heater/furnace covered under this
department website under Air Quality Assessment/Emission                exemption shall include the noncompliance in the written
Testing Program. Three minimum 1-hour tests, or three                   report that is due in accordance with Paragraph I.2 of this
minimum 20-minute tests for turbines, shall be performed                Section. If the average Btu-per-ozone season-hour limit is
and the following methods from 40 CFR Part 60, Appendix                 exceeded, the exemption shall be permanently withdrawn.
A shall be used:                                                        Within 90 days after receipt of notification from the
   G.5.a. - H.1.b.v. …                                                  administrative authority of the loss of the exemption, the
          vi. alternatively to Clauses H.1.b.ii-iv of this              owner or operator shall submit a permit modification
Section, the owner or operator may request approval from                detailing how the facility will meet the applicable emission
the administrator for an alternative monitoring plan that uses          factor as soon as possible, but no later than 24 months, after
a fuel-oxygen operating window to demonstrate continuous                exceeding the ozone season limit. Included with this permit
compliance of NOx and CO. In order to continuously                      modification, the owner or operator shall submit a schedule
demonstrate compliance with the NOx limits of Subsection                of increments of progress for the installation of the required
D or E of this Section, the owner or operator shall                     control equipment. This schedule shall be subject to the
implement procedures to operate the boiler on or inside the             review and approval of the department.
fuel and oxygen lines that define the operating window. The                  12. The owner or operator of any affected point source
corners of the window shall be established during the initial           that is granted an exemption in accordance with Paragraph
compliance test required by Subsection G of this Section or             C.6 of this Section shall install, calibrate, and maintain a
similar testing at another time. The details for use of an              nonresettable, elapsed run-time meter to record the operating
alternative monitoring plan shall be submitted in the permit            time in order to demonstrate compliance during the ozone
application or in the optional compliance plan described in             season. If the average operating hours-per-day limit is
Paragraph F.7 of this Section. The plan shall become part of            exceeded the owner or operator shall include the
the facility permit and shall be federally enforceable.                 noncompliance in the written report that is due in accordance
     2. - 2.b.v. …                                                      with Paragraph I.2 of this Section. If the average operating
          vi. alternatively to Clauses H.2.b.ii-iv of this              hours-per-day limit is exceeded, the exemption shall be
Section, the owner or operator may request approval from                permanently withdrawn. Within 90 days after receipt of
the department for an alternative monitoring plan that uses a           notification from the administrative authority of the loss of
fuel-oxygen operating window, or other system, to                       the exemption, the owner or operator shall submit a permit
demonstrate continuous compliance of NOx and CO. In                     modification detailing how the facility will meet the
order to continuously demonstrate compliance with the NO x              applicable emission factor as soon as possible, but no later
limits of Subsection D or E of this Section, the owner or               than 24 months, after exceeding the limit. Included with this
operator shall implement procedures to operate the process              permit modification, the owner or operator shall submit a
heater/furnace on or inside the fuel and oxygen lines that              schedule of increments of progress for the installation and
define the operating window. The corners of the window                  operation of the required control equipment. This schedule
shall be established during the initial compliance test                 shall be subject to the review and approval of the
required by Subsection G of this Section or similar testing at          department.
another time. The details for use of an alternative monitoring               13. Elapsed run-time and fuel meters, oxygen, diluents,
plan shall be submitted in the permit application or in the             and CO monitors, and other such instrumentation required
optional compliance plan described in Paragraph F.7 of this             by this Section shall be calibrated according to the
Section. The plan shall become part of the facility permit              manufacturer’s recommendations, but not less frequently
and shall be federally enforceable.                                     than once per year. Records shall be maintained according to
     3. - 9.b. …                                                        Paragraph I.3 of this Section.
     10. All affected point sources that rely on periodic                    14. Any unit with a permit requirement or applicable
stack testing to demonstrate continuous compliance and use              regulation that requires more stringent testing than this
a catalyst to control NOx emissions shall be tested to show             Chapter requires shall comply with the permit requirements
compliance with the emission factors of Subsection D or E               or applicable regulation rather than this Chapter.
of this Section after each occurrence of catalyst replacement.               15. Continuous demonstration of compliance with fuel,
Portable analyzers shall be acceptable for this check.                  oxygen concentration, and other parameter limits shall be on
Documentation shall be maintained on-site, if practical, of             a 30-day rolling average basis.
the date, the person doing the test, and the test results.                 I. Notification,     Recordkeeping,       and    Reporting
Documentation shall be made available for inspection upon               Requirements
request.                                                                     1. …
     11. The owner or operator of any low ozone season                       2. The owner or operator of an affected point source
capacity factor boiler or process heater/furnace, as defined            granted an exemption in accordance with any part of
in Subsection B of this Section, for which an exemption is              Subsection C of this Section or required to demonstrate
granted shall install, calibrate, and maintain a totalizing fuel        continuous compliance in accordance with Subsection H of
meter, with instrumentation approved by the department, and             this Section shall submit a written report within 90 days of
keep a record of the fuel input for each affected point source          the end of each ozone season to the administrative authority
during each ozone season. If the average Btu-per-ozone                  of any noncompliance of the applicable limitations of



Louisiana Register Vol. 36, No. 1 January 20, 2010                 62
Subsection D or E of this Section. The required information                                           RULE
may be included in reports provided to the administrative
                                                                                     Department of Health and Hospitals
authority to meet other requirements, so long as the report
                                                                                            Board of Dentistry
meets the deadlines and content requirements of this
Paragraph. The report shall include the following
                                                                                              General Provisions
information:
                                                                                         (LAC 46:XXXIII.116 and 1713)
        a. a description of the noncompliance;
        b. a statement of the cause of the noncompliance;
        c. the anticipated time that the noncompliance is                   In accordance with the applicable provisions of the
expected to continue or, if it has been corrected, the duration           Administrative Procedure Act, R.S. 49:950 et seq., the
of the period of noncompliance; and                                       Dental Practice Act, R.S. 37:751 et seq., and particularly
        d. the steps taken to prevent recurrence of the                   R.S. 37:760(8), notice is hereby given that the Department
noncompliance.                                                            of Health and Hospitals, Board of Dentistry hereby amends
  I.3. - J.1. …                                                           LAC 46:XXXIII.116 and 1713. No preamble has been
     2. The owner or operator shall complete all initial                  prepared.
compliance testing, specified by Subsection G of this                                                Title 46
Section, for equipment modified with NOx reduction                                PROFESSIONAL AND OCCUPATIONAL
controls or a NOx monitoring system to meet the provisions                                       STANDARDS
of this Chapter within 60 days of achieving normal                                  Part XXXIII. Dental Health Profession
production rate or after the end of the shake down period,                Chapter 1.      General Provisions
but in no event later than 180 days after initial start-up.               §116. Reconsideration of Adverse Sanctions
Required testing to demonstrate the performance of existing,                A. - H. ...
unmodified equipment shall be completed in a timely                         I. A licensee may request a reconsideration of adverse
manner, but by no later than November 1, 2005.                            sanctions a maximum of three times for the same
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    disciplinary matter. Any applications beyond this limit will
30:2054.                                                                  be considered at the discretion of the board.
   HISTORICAL NOTE: Promulgated by the Department of                        AUTHORITY NOTE: Promulgated in accordance with R.S.
Environmental Quality, Office of Environmental Assessment,                37:760(8).
Environmental Planning Division, LR 28:290 (February 2002),                 HISTORICAL NOTE: Promulgated by the Department of
repromulgated LR 28:451 (March 2002), amended LR 28:1578                  Health and Hospitals, Board of Dentistry, LR 24:1113 (June 1998),
(July 2002), LR 30:748 (April 2004), LR 30:1170 (June 2004),              amended LR 26:1612 (August 2000), repromulgated LR 27:1890
amended by the Office of the Secretary, Legal Affairs Division, LR        (November 2001), amended LR 27:1893 (November 2001), LR
31:2441 (October 2005), LR 33:2088 (October 2007), LR 34:71               36:63 (January 2010).
(January 2008), LR 36:60 (January 2010).                                  Chapter 17. Licensure Examinations
§2202. Contingency Plan                                                   §1713. Board Approved Regional or National
   A. This Section shall become effective only in the event                         Independent Third Party Clinical Examinations
that the United States Environmental Protection Agency                       A. The board shall accept passing scores from board
(EPA) determines and notifies the department in accordance                approved testing agencies which administer reliable,
with Section 175A(d) of the Clean Air Act as amended [42                  accurate, and valid examinations and in which the board has
USC 7511(b)(2)] that the Baton Rouge area has violated the                the option of representation on both the board of directors
8-hour ozone National Ambient Air Quality Standard                        and the examination review committee or equivalent
(NAAQS), and that the department must put this                            committees and allow for the board’s input into the
contingency plan into effect.                                             examination development and administration.
   B. Definition of Ozone Season. In the event of                            B.1. The clinical examination shall be substantially
notification from EPA in accordance with Subsection A of                  equivalent to the clinical licensure examination most
this Section, the definition of ozone season in LAC                       recently administered by the board and include procedures
33:III.2201.B will be the period April 1 to October 31,                   performed on human subjects as part of the assessment of
inclusive, of each year.                                                  restorative and periodontal clinical competencies and shall
   C. Effective Dates. An owner or operator of a source                   have included evaluations in at least four of the following
subject to this Chapter shall comply with this Section as                 subject matter areas:
expeditiously as possible, but not later than the first day of                   a. periodontics, clinical abilities testing;
the next ozone season after determination and notification by                    b. endodontics, clinical abilities testing;
the EPA in accordance with Subsection A of this Section.                         c. amalgam preparation and restoration;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                            d. anterior composite preparation and restoration;
30:2054.                                                                         e. posterior ceramic or composite preparation and
  HISTORICAL NOTE: Promulgated by the Department of                       restoration;
Environmental Quality, Office of Environmental Assessment,
                                                                                 f. cast gold, clinical abilities testing;
Environmental Planning Division, LR 30:1170 (June 2004),
amended by the Office of the Secretary, Legal Affairs Division, LR               g. prosthetics, written or clinical abilities testing;
36:63 (January 2010).                                                            h. oral diagnosis, written or clinical abilities testing;
                                                                          or
                             Herman Robinson, CPM
                             Executive Counsel
1001#017

                                                                     63                 Louisiana Register Vol. 36, No. 1 January 20, 2010
        i. oral surgery, written or clinical abilities testing.           instructional program and verification of employment in a
     2. In addition to the foregoing requirements, the                    supervised clinical practice on file with the employer;
examination shall include:                                                     2. catheter placement is pursuant to a physician or
        a. anonymity between candidates and examination                   other qualified prescriber’s order for the procedure;
raters;                                                                        3. the procedure is performed according to
        b. standardization and calibration of raters; and                 appropriately established policy and procedure of the health
        c. a mechanism for post examination analysis.                     care facility, employing agency and/or physician’s office;
     3. The board shall accept scores upon such                                4. in view of the proliferation of various catheter
examination for a period of three years following the date of             products available for placement, the registered nurse must
such examinations. Each applicant shall arrange for and                   be knowledgeable about the manufacturer’s suggestions and
ensure the submission to the board office the applicant’s                 precautions concerning the specific catheter product utilized,
scores.                                                                   and should review product information on a frequent basis;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     and
37:760 (8).                                                                    5. catheter tip placement must be determined by a
  HISTORICAL NOTE: Promulgated by the Department of                       physician prior to initiation of therapy.
Health and Hospitals, Board of Dentistry, LR 36:63 (January 2010).          C. In order for a registered nurse to be authorized by the
                                                                          board under this Section, the instructional program shall
                             C. Barry Ogden                               include the following courses of study:
                             Executive Director                                1. for nurses performing duties to include insertion of
1001#043
                                                                          PICC lines:
                             RULE                                                a. anatomy and physiology of circulation and fluid
                                                                          balance;
            Department of Health and Hospitals                                   b. indications and contradictions for PICC
                   Board of Nursing                                       placement;
                                                                                 c. complications and management techniques to
 Registered Nurses—Peripherally Inserted Central Catheter                 include potential adverse reactions;
          (PICC) Insertion (LAC 46:XLVII.3707)                                   d. techniques for placement of PICC lines may
                                                                          include ultrasound techniques;
   The Louisiana State Board of Nursing has added LAC                            e. techniques for placement of PICC line placement
46:XLVII.3707, in accordance with R.S. 37:918 and in                      and removal; and
accordance with the provisions of the Administrative Act,                        f. nursing responsibilities;
R.S. 49:950 et seq.                                                            2. for nurses performing duties that would include
   The rule, LAC 46:XLVII.3707, defines peripherally                      management and monitoring of PICC lines:
inserted central catheter (PICC) lines and provides that                         a. anatomy and physiology of circulation and fluid
registered nurses may insert, secure and remove PICC lines                balance;
provided certain conditions, including specified training are                    b. indications and contraindications for PICC
satisfied. The rule provides that catheter tip placement must             placement;
be verified by a physician prior to the initiation of therapy.                   c. complications and management techniques to
                           Title 46                                       include potential adverse reactions; and
           PROFESSIONAL STANDARDS AND                                            d. nursing responsibilities;
              OCCUPATIONAL STANDARDS                                           3. for nursing performing the duties of PICC line
  Part XLVII. Nurses: Practical Nurses and Registered                     removal:
                           Nurses                                                a. techniques for PICC line removal;
               Subpart 2. Registered Nurses                                      b. complications and management techniques to
Chapter 37. Nursing Practice                                              include potential adverse reactions; and
§3707. Peripherally Inserted Central Catheter (PICC)                             c. nursing responsibilities.
          Insertion and Removal                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
   A. Definition                                                          37:918.
     PICC Line—peripherally inserted central catheters                      HISTORICAL NOTE: Promulgated by the Department of
(PICCs) are venous devices used to administer all types of                Health and Hospitals, Board of Nursing, LR 36:64 (January 2010).
intravenous medications and solutions. PICCs are soft,
flexible catheters.                                                                                   Barbara L. Morvant, MN, RN
   B. Registered nurses may insert, secure and remove                                                 Executive Director
central catheters through peripheral venous sites provided
that the following conditions are met:                                    1001#015
     1. documentation of satisfactory completion of a
minimum of four hours of study in an appropriate




Louisiana Register Vol. 36, No. 1 January 20, 2010                   64
                           RULE                                                                    Title 50
                                                                             PUBLIC HEALTH―MEDICAL ASSISTANCE
           Department of Health and Hospitals
                                                                             Part XXI. Home and Community Based Services
           Bureau of Health Services Financing
                                                                                                  Waivers
                                                                                 Subpart 11. New Opportunities Waiver
       Disproportionate Share Hospital Payments
                                                                       Chapter 137. General Provisions
Pre-Admission Certification and Length of Stay Assignment
                                                                       §13704. Resource Allocation Model
                    (LAC 50.V.2501)
                                                                          A. Effective February 1, 2009, uniform needs-based
                                                                       assessments and a resource allocation model will be
   The Department of Health and Hospitals, Bureau of
                                                                       implemented in the service planning process for the
Health Services Financing has amended LAC 50:V.2501 in
                                                                       Medicaid recipients participating in the New Opportunities
the Medical Assistance Program as authorized by R.S.
                                                                       Waiver.
36:254 and pursuant to Title XIX of the Social Security Act.
                                                                            1. The uniform needs-based assessments shall be
This Rule is promulgated in accordance with the provisions
                                                                       utilized to determine the level of support needs of
of the Administrative Procedure Act, R.S. 49:950, et seq.
                                                                       individuals with developmental disabilities.
                          TITLE 50                                          2. The purpose of the resource allocation model is to
      PUBLIC HEALTH–MEDICAL ASSISTANCE                                 assign service units based on the findings of the assessments.
 Part V. Medical Assistance Program–Hospital Services                       3. Within the resource allocation model, there is a
  Subpart 3. Disproportionate Share Hospital Payments                  determination of an acuity level for individual and family
Chapter 25. Disproportionate Share Hospital Payment                    support (IFS) services.
                Methodologies                                                  a. The recipient or his/her representative may
§2501. General Provisions                                              request a reconsideration and present supporting
   A. - C. ...                                                         documentation if he/she disagrees with the amount of
   D. The uncompensated care costs associated with                     assigned IFS service units. If the recipient disagrees with the
Medicaid days that do not meet the established criteria for            reconsideration decision, he/she may request a fair hearing
pre-admission certification and length of stay assignment are          through the formal appeals process.
not allowable for disproportionate share payments.                          4. Implementation of the resource allocation model
  AUTHORITY NOTE: Promulgated in accordance with R.S.
36:254 and Title XIX of the Social Security Act.
                                                                       will be phased-in for the allocation of new waiver
  HISTORICAL NOTE: Promulgated by the Department of                    opportunities and renewal of existing waiver opportunities
Health and Hospitals, Office of the Secretary, Bureau of Health        beginning July 1, 2009.
Services Financing, LR 34:654 (April 2008), amended by the                B. The following needs-based assessment instruments
Department of Health and Hospitals, Bureau of Health Services          shall be utilized to determine the level of support needs of
Financing, LR 36:65 (January 2010).                                    NOW recipients:
  Implementation of the provisions of this Rule may be                      1. the Supports Intensity Scale (SIS); and
contingent upon the approval of the U.S. Department of                      2. Louisiana Plus (LA Plus).
Health and Human Services, Center for Medicaid Services                   C. The Supports Intensity Scale is a standardized
(CMS) if it is determined that submission to CMS for review            assessment tool designed to evaluate the practical support
and approval is required.                                              requirements of individuals with developmental disabilities
                                                                       in 85 daily living, medical and behavioral areas.
                           Alan Levine                                      1. SIS measures support needs in the areas of:
                           Secretary                                           a. home living;
1001#031                                                                       b. community living;
                                                                               c. lifelong learning;
                           RULE                                                d. employment;
           Department of Health and Hospitals                                  e. health and safety;
          Bureau of Health Services Financing                                  f. social activities; and
                           and                                                 g. protection and advocacy.
   Office for Citizens with Developmental Disabilities                      2. SIS then ranks each activity according to frequency,
                                                                       amount and type of support. A supports intensity level is
   Home and Community Based Services Waivers—New                       determined based on a compilation of scores in general
     Opportunities Waiver Resource Allocation Model                    supports, medical supports and behavior supports.
                   (LAC 50:XXI.13704)                                     D. Louisiana (LA) Plus is a locally developed
                                                                       assessment tool designed to identify support needs and
  The Department of Health and Hospitals, Bureau of                    related information not addressed by SIS. LA Plus serves as
Health Services Financing and the Office for Citizens with             a complement to SIS in the support planning process. LA
Developmental Disabilities has adopted LAC 50:XXI.13704                Plus is used to evaluate the individual’s support needs based
under the Medical Assistance Program as authorized by R.S.             on information and data obtained from four areas of the
36:254 and pursuant to Title XIX of the Social Security Act.           person’s life.
This Rule is promulgated in accordance with the provisions                  1. Support needs scale measurements including:
of the Administrative Procedure Act, R.S. 49:950 et seq.                       a. material supports;
                                                                               b. vision related supports;


                                                                  65                 Louisiana Register Vol. 36, No. 1 January 20, 2010
       c. hearing related supports;                                     to non-state and state operated acute care general hospitals.
       d. supports for communicating needs;                             Current InterQual® criteria, Thomson Reuters or Solucient
       e. positive behavior supports;                                   data and Health Care Industries Association (HCIA) data
       f. physicians supports;                                          shall be utilized by the fiscal intermediary to determine
       g. professional supports (e.g., registered nurse,                medical necessity and authorize admission, for initial length
physical therapist, occupational therapist, etc.); and                  of stay (LOS) and continued stay assignment, and concurrent
       h. stress and risk factors.                                      review.
     2. Living arrangements and program participation                        1. Medical necessity for inpatient admission,
including:                                                              concurrent review and length of stay assignment for acute
       a. people living in the home;                                    care general hospitals will be determined by utilizing age-
       b. natural supports in the home;                                 based guidelines for severity of illness and intensity of
       c. living environments; and                                      service as well as guidelines for surgery and procedures in
       d. supports and service providers.                               the inpatient setting.
     3. Medical and diagnostic information findings                          2. National and regional specific data elements such
including:                                                              as age, multiple diagnoses and/or surgeries will also be
       a. diagnoses;                                                    utilized for initial length of stay and continued stay
       b. medications and dosages; and                                  assignment.
       c. need for relief from pain or illness.                            B. Hospitals shall use current and updated InterQual®
     4. Personal satisfaction reports including:                        criteria and Thomson Reuter or Solucient data to determine
       a. agency supports provided at home;                             appropriateness of admission and continued stays.
       b. work or day programs;                                              1. Providers must have the capability to submit
       c. living environment;                                           requests and receive responses through a web-based system.
       d. family relationships; and                                        C. Registration and length of stay assignment are
       e. social relationships.                                         required for all admissions to rehabilitation hospitals.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                       1. The hospital is required to register each Medicaid
36:254 and Title XIX of the Social Security Act.                        admission no later than one business day after the date of
   HISTORICAL NOTE: Promulgated by the Department of                    admission.
Health and Hospitals, Bureau of Health Service Financing and the             2. Length of stay assignment for rehabilitation
Office for Citizens with Developmental Disabilities, LR 36:65
(January 2010).
                                                                        hospital admissions is determined by the fiscal intermediary
                                                                        staff using updated InterQual®, HCIA LOS Southern Region
   Implementation of the provisions of this Rule may be
                                                                        grand totals, and customized criteria as well as clinical
contingent upon the approval of the U.S. Department of
                                                                        information for the patient provided by the hospital.
Health and Human Services, Centers for Medicare and
                                                                             3. The initial length of stay assigned for each
Medicaid Services (CMS) if it is determined that submission             rehabilitation hospital admission is 14 days based on the
to CMS for review and approval is required.                             lowest average length of stay from the American Hospital
                                                                        Association Average Stay Study for rehabilitation conditions.
                            Alan Levine                                    D. Pre-admission certification and length of stay
                            Secretary                                   assignment are required for all admissions for inpatient
1001#032
                                                                        psychiatric services (free-standing psychiatric hospitals and
                                                                        distinct part psychiatric units in acute care general hospitals).
                            RULE
                                                                             1. The pre-admission certification criteria for
           Department of Health and Hospitals                           psychiatric admissions are formulated according to
           Bureau of Health Services Financing                          categories for adults and children and utilize the current
                                                                        revision of the Diagnostic and Statistical Manual of Mental
                 Inpatient Hospital Services                            Disorders.
                 Pre-Admission Certification                                 2. The initial length of stay assigned for all
                      (LAC 50:V.301)                                    admissions to free-standing psychiatric hospitals and distinct
                                                                        part psychiatric units is at the fiftieth percentile based on the
  The Department of Health and Hospitals, Bureau of                     admitting diagnosis.
Health Services Financing has adopted LAC 50:V.301 in the                  E. Pre-admission certification and length of stay
Medical Assistance Program as authorized by R.S. 36:254                 assignment are required for all admissions to long term
and pursuant to Title XIX of the Social Security Act. This              hospitals.
Rule is promulgated in accordance with the provisions of the                 1. Admissions to long-term hospitals for acute care,
Administrative Procedure Act, R.S. 49:950 et seq.                       psychiatric care, or rehabilitation will be assigned lengths of
                          Title 50                                      stay using the same criteria that is utilized for admissions to
     PUBLIC HEALTH―MEDICAL ASSISTANCE                                   those respective hospital settings for these patients.
                  Part V. Hospital Services                                  2. All other long-term hospital admissions will be
               Subpart 1. Inpatient Hospitals                           assigned an initial length of stay of 14 days.
Chapter 3.       Pre-Admission Certification                               F. Extensions of the initial length of stay may be
§301. General Provisions                                                requested by the hospital when appropriate care of the
  A. Pre-admission certification, concurrent review and                 recipient indicates the need for hospitalization in excess of
length of stay assignment shall be required for all admissions          the originally approved assignment.

Louisiana Register Vol. 36, No. 1 January 20, 2010                 66
     1. An extension must be requested no later than the                     1. In the case of retroactive eligibility, hospitals have
expected day of discharge. If the expected day of discharge             up to one year from the date that the recipient was added to
is on a weekend or holiday, the extension must be requested             the eligibility file to request a retrospective review.
by the next business day. Extensions are granted on a case-                  2. In the case where Medicare Part A benefits have
by-case basis and shall be based on clinical information                been exhausted, hospitals must request a retrospective
provided by the hospital.                                               review within 60 days from the date of the Medicare
     2. The initial approved extension is assigned up to the            Explanation of Benefits that verifies that Medicare Part A
75th percentile for acute care and up to the 75th percentile            benefits have been exhausted.
for inpatient psychiatric services, regardless of the hospital               3. The two-year timely filing requirement for filing
setting.                                                                claims is applicable for retrospective reviews.
       a. Subsequent approved extensions may be                           AUTHORITY NOTE: Promulgated in accordance with R.S.
submitted for consideration of up to three additional days.             36:254 and Title XIX of the Social Security Act.
     3. Initial approved extensions for acute care,                       HISTORICAL NOTE: Promulgated by the Department of
psychiatric care and rehabilitation admissions to long term             Health and Hospitals, Bureau of Health Services Financing, LR
                                                                        36:66 (January 2010).
hospitals are assigned using the same criteria as that used in
                                                                          Implementation of the provisions of this Rule may be
the other applicable hospital settings for these patients.
                                                                        contingent upon the approval of the U.S. Department of
       a. All other long term hospital initial approved
                                                                        Health and Human Services, Center for Medicaid Services
extensions may be assigned up to 14 days.
                                                                        (CMS) if it is determined that submission to CMS for review
       b. Subsequent extension requests for long-term
                                                                        and approval is required.
hospital admissions (other than admissions for acute care,
psychiatric care or rehabilitation) may be assigned up to
                                                                                                   Alan Levine
seven days.
                                                                                                   Secretary
     4. Subsequent approved extension requests for                      1001#033
rehabilitation cases may be assigned up to seven days.
     5. There is no limit on the number of extensions that                                          RULE
can be requested by a hospital.
   G. The pre-admission certification requirement applies to                       Department of Health and Hospitals
acute care general hospitals (non-state and state operated),                       Bureau of Health Services Financing
long term hospitals, free-standing psychiatric hospitals and
distinct part psychiatric units in acute care general hospitals.                       Outpatient Hospital Services
     1. Pre-admission certifications must be obtained prior                          Radiology Utilization Management
to admission or on a concurrent basis, with provision for                                   (LAC 50:V.6105)
retrospective review only in exceptional circumstances.
Medicaid reimbursement will not be authorized without                      The Department of Health and Hospitals, Bureau of
completion of the pre-admission certification requirement.              Health Services Financing has adopted LAC 50:V.6105
       a. Pre-admission certification for all emergency                 under the Medical Assistance Program as authorized by
admissions to long term hospitals, free-standing psychiatric            36:254 and pursuant to Title XIX of the Social Security Act.
hospitals and distinct-part psychiatric units must be                   This Rule is promulgated in accordance with the provisions
requested upon admission.                                               of the Administrative Procedure Act, R. S. 49:950 et seq.
   H. The pre-admission certification reviews are conducted                                         Title 50
by registered nurses (or licensed mental health professionals                 PUBLIC HEALTH―MEDICAL ASSISTANCE
for psychiatric cases) in consultation with a physician. If the                               Part V. Hospitals
request for admission is denied, the hospital may request a                            Subpart 5. Outpatient Hospitals
reconsideration of the decision.                                        Chapter 61. Other Outpatient Hospital Services
     1. The reconsideration process involves a physician to             Subchapter A. General Provisions
physician consultation between the treating physician or                §6105. Radiology Utilization Management
his/her designee and the fiscal intermediary's physician                   A. Radiology utilization management establishes
consultant within one business day of receipt of the denial             provisions requiring prior authorization for certain outpatient
notification.                                                           high-tech imaging.
     2. If the reconsideration process results in a denial of              B. Prior authorization (PA) is based on best evidence
the admission, the hospital may appeal the decision by                  medical practices as developed and evaluated by board-
submitting a formal request for an appeal in writing to the             certified physician reviewers, including board-certified
Bureau of Appeals in accordance with the department's                   radiologists and additional physical specialists who will
established appeal procedures.                                          assist in the claim evaluation process.
   I. Inpatient      admissions       for     dually    eligible             1. Services requiring PA will be noted on the
Medicare/Medicaid beneficiaries are not subject to pre-                 Medicaid fee schedule and shall include, but are not limited
admission certification and length of stay assignment when              to, the following radiology service groups:
Medicare Part A benefits are still in effect.                                   a. magnetic resonance (MR);
   J. A hospital may request a retrospective review for                         b. positron emission tomography (PET);
Medicaid reimbursement of inpatient hospital services in                        c. computerized tomography (CT); and
only two situations: retroactive eligibility; and depletion of a                d. nuclear cardiology.
dually eligible recipient's Medicare Part A benefits.

                                                                   67                 Louisiana Register Vol. 36, No. 1 January 20, 2010
  C. Reimbursement for these services is contingent upon                                           RULE
prior authorization.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                              Department of Health and Hospitals
36:254 and Title XIX of the Social Security Act.                                         Office of Public Health
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Bureau of Health Services Financing, LR                        Water Supplies―Fluoridation
36:67 (January 2010).                                                       (LAC 48:V.1101, 1303-1315 and LAC 51:XII.317)
   Implementation of the provisions of this Rule is
contingent upon the approval of the U.S. Department of                     In accordance with the Administrative Procedure Act, R.S.
Health and Human Services, Centers for Medicare and                     49:950 et seq., the Department of Health and Hospitals,
Medicaid Services (CMS) if it is determined that submission             Office of Public Health, pursuant to the authority granted
to CMS for review and approval is required.                             under R.S. 40:5.11(G), amends the Louisiana Administrative
                                                                        Code (LAC), Title 48 (Public Health―General), Part V
                            Alan Levine                                 (Preventive Health Services), Subpart 5 (Fluoridation)
                            Secretary                                   regulations. In addition, the state health officer acting
1001#034                                                                through the Department of Health and Hospitals, Office of
                                                                        Public Health, pursuant to the authority in R.S. 40:4(A)(6)
                            RULE                                        and R.S. 40:5, amends LAC, Title 51 (Public
           Department of Health and Hospitals                           Health―Sanitary Code), Part XII (Water Supplies).
           Bureau of Health Services Financing                             The Title 48 fluoridation Rule changes are designed to
                                                                        implement Act 761 of the 2008 Regular Session. This
                Professional Services Program                           legislation enacted a mandate that public water systems with
                 Inpatient Physician Services                           over 5,000 service connections are required to fluoridate its
                      (LAC 50.IX.501)                                   water supply unless when the natural fluoride level is outside
                                                                        the optimal fluoride level/range; allows certain exemptions
  The Department of Health and Hospitals, Bureau of                     to the fluoride requirement to apply; establishes an optimal
Health Services Financing has repealed the December 20,                 fluoride level/range; and updates system requirements,
1985 Rule governing the reimbursement methodology for                   monitoring and compliance guidelines, record keeping and
designated surgical procedures performed in an ambulatory               reporting, and fund allocation.
setting and has adopted LAC 50:V.501 in the Medical                        Part XII (Water Supplies) of LAC 51 (the State Sanitary
Assistance Program as authorized by R.S. 36:254 and                     Code) generally is the major Part of the LAC which
pursuant to Title XIX of the Social Security Act. This Rule is          regulates potable water supply systems from a public health
promulgated in accordance with the provisions of the                    standpoint, including public water systems. A Section that
Administrative Procedure Act, R.S. 49:950, et seq.                      had been reserved in Part XII is used to make reference to
                            Title 50                                    the need for compliance with LAC 48:V.Subpart 5 when a
     PUBLIC HEALTH—MEDICAL ASSISTANCE                                   water system fluoridates its water supply.
           Part IX. Professional Services Program                          All fluoride-associated appendices to LAC 48:V.Subpart 5
                Subpart 1. General Provisions                           published in Volume 2 of Title 48 of the April 1987 LAC are
Chapter 5.        Inpatient Physician Services                          hereby repealed in their entirety.
§501. Inpatient Physician Services                                                                 Title 48
  A. Reimbursement for inpatient physician services                                   PUBLIC HEALTH—GENERAL
rendered in all hospitals is subject to hospital pre-admission                       Part V. Preventive Health Services
certification and length of stay assignment.                                               Subpart 5. Fluoridation
  B. InterQual® Guidelines for Surgery and Procedures                   Chapter 11.        General Provisions
will be utilized for pre-admission certification, length of stay        §1101. Definitions
assignment and concurrent care review.                                     A. Words not defined in this Subpart shall have their
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   common usage and meaning as stated in the Merriam-
36:254 and Title XIX of the Social Security Act.                        Webster’s Collegiate Dictionary-Tenth Edition and other
  HISTORICAL NOTE: Promulgated by the Department of                     similarly accepted reference texts.
Health and Hospitals, Bureau of Health Services Financing, LR              B. Unless otherwise specifically provided herein, the
36:68 (January 2010).                                                   following words and terms are defined as follows.
  Implementation of the provisions of this Rule may be                       Caries—tooth decay, also commonly known as cavities.
contingent upon the approval of the U.S. Department of                       Community Water Fluoridation—the adjustment of
Health and Human Services, Center for Medicaid Services                 fluoride deficient water in community water supplies to the
(CMS) if it is determined that submission to CMS for review             optimal fluoride level/range for a specified geographic area.
and approval is required.                                                    Community Water Supply—a public water system which
                                                                        serves at least 15 service connections used by year-round
                            Alan Levine                                 residents or regularly serves at least 25 year-round residents.
                            Secretary
1001#035




Louisiana Register Vol. 36, No. 1 January 20, 2010                 68
      Fluoride Deficient Water—any water supply system                which, by any means, water is taken either temporarily or
which provides potable water having a natural fluoride                continuously for potable use.
content below the optimal fluoride level/range for a                       Sub-Optimal Fluoride Level—any adjusted fluoride
specified geographic area.                                            level that is below the optimal fluoride level/range for a
      Fluoride Source Material—the approved fluoride-                 specific geographic area.
containing product which is to be used to adjust the potable               Surface Water—derived from water sources on the
water supply to the optimal fluoride level/range.                     surface of the earth such as streams, ponds, lakes, or
      Ground Water—subsurface water occupying the                     reservoirs.
saturation zone from which wells and springs are fed. In a                 Surveillance—the necessary steps to assure that the
strict sense the term applies only to water below the water           fluoride content in water over a period of time is in
table.                                                                compliance with the optimal fluoride level/range in a
      Monitoring—the analysis and recording of the fluoride           community water supply for a specific geographic area.
ion content of water in a community water supply on a                      Water Supplier—a person who owns or operates a water
regular basis.                                                        supply system including, but not limited to, a person who
      Optimal Fluoride LevelRange—that level of fluoride              owns or operates a public water system.
which has been deemed to be most beneficial to health as set               Water Supply System—the system of pipes or other
forth by the Centers for Disease Control and Prevention               constructed conveyances, structures and facilities through
(CDC) for community water supplies. For community water               which water is obtained, treated to make it potable (if
supplies in the state of Louisiana, the optimal fluoride level        necessary) and then distributed (with or without charge) for
is 0.8 mg/L; however, the acceptable range is from 0.7 to 1.2         human drinking, cooking, washing or other use.
mg/L.                                                                      Water Well (Well)—an artificial excavation that derives
      Permit—a written document issued by the state health            water from the interstices of the rocks or soil which it
officer through the Office of Public Health which authorizes          penetrates.
construction and operation of a new potable water supply or             AUTHORITY NOTE: Promulgated in accordance with P.L.
a modification of any existing supply.                                97-35, Section 901; 45 CFR Parts 16, 74, and 96; 42 USC 2476;
      Person—any natural person, individual, partnership,             and R.S. 40:5.11(G).
corporation, association, governmental subdivision, receiver,           HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Human Resources, Office of Preventive and Public
tutor, curator, executor, administrator, fiduciary, or                Health Services, LR 13:246 (April 1987), amended by the
representative of another person, or public or private                Department of Health and Hospitals, Office of Public Health, LR
organization of any character.                                        36:68 (January 2010).
      Potable Water—water having bacteriological, physical,           Chapter 13.        Statewide Fluoridation Program
radiological, and chemical qualities that make it safe and            §1303. Background and Purpose
suitable for human drinking, cooking and washing uses.                   A. The fluoridation of community water supplies is the
      Potable Water Supply—a source of potable water, and             most effective mechanism for preventing dental caries. It is
the appurtenances that make it available for use.                     the only means whereby people of all ages in an area can be
      Public Water Supply—public water system.                        reached from birth and at a low cost. This has added
      Public Water System—a system for the provision to the           significance for the many people who are dentally indigent.
public of water for potable water purposes through pipes or              B. The benefits of community fluoridation in
other constructed conveyances, if such system has at least 15         maintaining dental health are substantial.
service connections or regularly serves an average of at least             1. Persons drinking water which contains fluoride
25 individuals daily at least 60 days out of the year. Such           within the optimal fluoride level/range have teeth which are
term includes:                                                        more caries resistant.
        a. any collection, treatment, storage, and                         2. The caries rate among children drinking water
distribution facilities under the control of the operator of          which contains fluoride within the optimal fluoride
such system and used primarily in connection with such                level/range can be as much as two-thirds less than among
system; and                                                           children drinking fluoride deficient water.
        b. any collection or pretreatment storage facilities               3. By the time that children reach their teens, about
not under such control which are used primarily in                    six times as many residing in communities which have their
connection with such system.                                          community water supply meet the optimal fluoride
      Sample Points—locations in a community water                    level/range are completely free of caries as their counterparts
supply’s distribution system where water samples are taken            in fluoride deficient areas.
for fluoride analysis. These sample points of finished water               4. When the optimal fluoride level/range in a
shall be taken at the consumer’s taps throughout the                  community water system is maintained, extractions of
distribution system where the water will be representative of         permanent teeth caused by premature loss of primary teeth
the whole community water system.                                     can be prevented. In addition, crooked and overlapping
      Service Connection—the pipe from the water main                 permanent teeth caused by premature loss of primary teeth
and/or water meter, potable water supply system or other              can be prevented.
source of potable water supply to the building or structure                5. Adults consuming water which contains fluoride
served.                                                               within the optimal fluoride level/range throughout life can
      Source Water—any water well, spring, cistern,                   expect fewer tooth extractions due to caries and are less
infiltration gallery, stream, reservoir, pond, or lake from           likely to become edentulous (lose all their natural teeth) in
                                                                      later years.
                                                                 69                 Louisiana Register Vol. 36, No. 1 January 20, 2010
   C. Community fluoridation of drinking water produces                     HISTORICAL NOTE: Promulgated by the Department of
economies in children’s dental care in terms of both cost and             Health and Human Resources, Office of Preventive and Public
treatment time. The cost benefit ratio has been estimated to              Health Services, LR 13:246 (April 1987) , amended by the
be 1:38. Children receiving the benefits of fluoridation in               Department of Health and Hospitals, Office of Public Health, LR
                                                                          36:70 (January 2010).
their drinking water require fewer dental treatment services
                                                                          §1307. System Requirements
and the treatment that is required is less complex and,
                                                                             A. Detailed plans and specifications for which a
therefore, less costly and less time consuming to provide.
                                                                          fluoridation permit is requested shall be submitted in
The costs of children’s dental care in fluoridated areas can
                                                                          duplicate, to the Department of Health and Hospitals –
be less than one-half the cost in fluoride deficient areas.
  AUTHORITY NOTE: Promulgated in accordance with 45                       Office of Public Health’s (DHH-OPH) District engineer and
CFR Parts 16, 76 and 96; P.L. 97-35, Section 901; 42 USC 2476,            the DHH-OPH’s fluoridation engineer by the responsible
and R.S. 40:5.11(G).                                                      person of the water supply system. Such plans and
  HISTORICAL NOTE: Promulgated by the Department of                       specifications shall be submitted prior to construction.
Health and Human Resources, Office of Preventive and Public                  B. The following provides minimum requirements as
Health Services, LR 13:246 (April 1987), amended by the                   well as additional information to assist in the application for
Department of Health and Hospitals, Office of Public Health, LR           a fluoridation permit and in the preparation of plans and
36:70 (January 2010).                                                     specifications. The review and approval of plans and
§1305. Requirements for Fluoridation of a Public Water                    specifications submitted for the issuance of a permit, shall be
          System                                                          made in accordance with the ―Recommended Standards for
   A. LAC 51:XII.105 of the Louisiana State Sanitary Code                 Water Works, 2003 Edition‖ (aka the ―Ten State Standards‖)
requires approval by the state health officer or his/her duly             plus any additional requirements as set forth in this Subpart.
authorized representative for certain types of changes made               Additional fluoride-related documents which may be used
in the treatment of water offered the public. The addition of             by a community water system as guidance/information
the fluoride ion to water is covered by that regulation.                  purposes may be found in the CDC’s Morbidity and
   B. For any public water system desiring to fluoridate its              Mortality Weekly Report (MMWR) titled ―Engineering and
water, a formal request shall be made to the state health                 Administrative Recommendations for Water Fluoridation,
officer for approval to install the necessary fluoridation                1995‖, as amended, and in the American Water Works
equipment.                                                                Association (AWWA) ―Water Fluoridation Principles and
   C. In accord with R.S. 40:5.11(B), each community                      Practices M4, Fifth Edition‖, as amended.
water supply having at least 5,000 service connections and                     1. Three general types of fluoride compounds are
natural fluoride levels that are outside the optimal fluoride             approved for fluoridation of water supplies; namely, sodium
level/range as defined in §1101.B of this Subpart shall                   fluoride, sodium fluorosilicate and fluorosilicic acid. Each
acquire, install, operate, and maintain a fluoridation system             has certain advantages and disadvantages, and the type
in order to maintain the optimal fluoride level/range in the              chosen will depend on the characteristics of the water to be
water being produced and distributed.                                     treated and the capacity of the supply.
     NOTE: Exemptions. Any community water supply to which
     Subsection C of this Section applies shall be exempt from the
                                                                               2. The fluoride source material to be used must
     requirements of Subsection C of this Section when either of          conform to NSF International/American National Standards
     the following is applicable.                                         Institute (NSF/ANSI) Standard 60-2009 and the applicable
     1. The Department of Health and Hospitals (DHH) is                   AWWA specification, as follows:
unable to identify a source of sufficient funds available to                      a. for sodium fluoride, AWWA Standard B701-99;
the community water supply to cover the capital costs, any                        b. for sodium fluorosilicate, AWWA Standard
associated costs to cover the installation, and the funds                 B702-99; or
necessary to cover the cost of purchasing sufficient fluoride                     c. for fluorosilicic acid, AWWA Standard B703-00.
source material required to properly fluoridate the system for                 3. The fluoridation system shall only operate when a
a period of six months from the date of initial installation              flow of water is detected. If the water supply system serves
and operation; or,                                                        less than two hundred service connections, a secondary
     2. A community water supply has never used                           flow-based control device shall be provided as back-up
fluoridation to adjust fluoride levels in its water and its               protection.
finished water contains fluoride in amounts outside of the                     4. A means of measuring the total amount of water
optimal fluoride level/range as defined in §1101.B of this                treated daily and the amount of chemical injected within the
Subpart, and a local election on such exemption has been                  same time period must be provided. These measurements
called and held in accordance with R.S. 40:5.11(B), and a                 must be accurate to within 5.0 percent.
majority of the registered voters who cast a vote in said                      5. Fluorosilicic acid shall be stored in the original
election approve such exemption.                                          containers or containers provided for the specific purpose,
   D. Any community water system with less that 5,000                     apart from the other chemicals used in the water treatment
service connections that submits a formal request per                     process. Bulk storage tanks shall be in secondary
Subsection B of this Section must enclose with that request a             containment per LAC 33:IX.Chapter 9.
copy of the ordinance or resolution directing the fluoridation                 6. When bulk storage of fluorosilicic acid is provided,
of the water system duly passed by the appropriate                        a day tank shall be provided. The day tank shall hold no
governing body.                                                           more than a 30 hour supply, as calculated at maximum feed
  AUTHORITY NOTE: Promulgated in accordance with 45                       rate. The day tank should be scale mounted, preferably under
CFR, Parts 16, 74, and 96; P.L. 97-35; 42 USC 2476; and R.S.              shelter. If scales are not used, level indication can be used
40:5.11(G).

Louisiana Register Vol. 36, No. 1 January 20, 2010                   70
for the calculation of the amount of chemical used provided            (normally, on-site of the water treatment plant – see LAC
it is accurate within five percent. Filling of day tanks shall         51:XII.Chapter 15) and the other portion analyzed for
not be automated.                                                      fluoride in a ―DHH-OPH Certified Laboratory for Drinking
      7. A diaphragm-type anti-siphon device shall be                  Water Analyses – Chemistry‖. (A list of such ―DHH-OPH
installed in the fluoride feed line when a metering pump is            Certified Laboratory for Drinking Water Analyses –
used and shall be located at the fluoride injection point. A           Chemistry‖ may be found on the DHH-OPH website at the
second diaphragm-type anti-siphon device should be                     following      url   address:      ―http://www.dhh.louisiana.
installed immediately downstream of the metering pump’s                gov/offices/?ID=204‖.)
discharge head. These anti-siphon devices shall have a                      3. Any water supply system with an operating
diaphragm that is spring-loaded in the closed position.                fluoridation system shall sample the raw source water(s)
      8. The following safety equipment shall be required              annually and analyze for fluoride.
for operators handling the following fluoride compounds:                 AUTHORITY NOTE: Promulgated in accordance with R.S.
        a. fluorosilicic acid: gauntlet neoprene gloves, a             40:5.11(G).
minimum of 12 inches long with cuffs; full face shield and               HISTORICAL NOTE: Promulgated by the Department of
splash-proof safety goggles; and a heavy-duty, acid-proof              Health and Hospitals, Office of Public Health, LR 36:71 (January
                                                                       2010).
neoprene apron;
                                                                       §1311. Recordkeeping and Reporting
        b. sodium fluoride or sodium fluorosilicate: the
                                                                          A. By the tenth day of each month following the month
same safety equipment required under Subparagraph 8.a. of
                                                                       being reported, each water supplier fluoridating its potable
this Subsection for fluorosilicic acid with the exception that
                                                                       water supply shall send operational reports to the DHH-
the full face shield shall be replaced by a National Institute
                                                                       OPH’s District Engineer and the DHH-OPH fluoridation
for Occupational Safety and Health/Mine Safety and Health
                                                                       engineer which shall include the following:
Administration (NIOSH/MSHA) approved, N-series
                                                                            1. The fluoride source material used and the
respirator;
                                                                       calculated fluoride dose in mg/L based on the latest annual
        c. for dry chemical systems, an eye wash station
                                                                       raw source water(s) fluoride level.
should be available and easily accessible; and
                                                                            2. Information on any interruptions in the fluoridation
        d. for acid systems, an eye wash station shall be
                                                                       treatment which may have occurred during the month
available along with a safety shower and both shall be easily
                                                                       including the duration of the interruptions, an explanation of
accessible and connected to an approved potable water
                                                                       the cause(s), and what corrective actions were taken to
supply.
  AUTHORITY NOTE: Promulgated in accordance with 45                    insure that fluoridation treatment was resumed in a timely
CFR, Parts 16, 74 and 96; P.L. 97-35, Section 901; 42 USC 2476;        manner;
and R.S. 40:5.11(G).                                                        3. The results of the daily monitoring for fluoride in
  HISTORICAL NOTE: Promulgated by the Department of                    the water distribution system reported in terms of daily
Health and Human Resources, Office of Preventive and Public            result, ranges, and the number of samples collected; and,
Health Services, LR 13:246 (April 1987), amended by the                     4. The results of monthly split sample(s) analyzed per
Department of Health and Hospitals, Office of Public Health, LR        §1309.A.2 of this Chapter.
36:70 (January 2010).                                                     B. If a fluoride overfeed exceeding 10.0 mg/L occurs,
§1309. Monitoring and Compliance—Optimum                               the water supply system shall notify the DHH-OPH by the
         Fluoride Levels                                               end of the business day of the occurrence or, if the overfeed
   A. If a water supply system has a single fluoridation               occurs on a weekend, state holiday, or other times of state
system which treats all the water distributed to system                office closure, the water supply system shall notify the
consumers, the supplier shall collect a daily water sample for         DHH-OPH via e-mail communication to: safe.water@la.gov.
fluoride analysis either in the distribution system or at the            AUTHORITY NOTE: Promulgated in accordance with R.S.
entry point. If a water supply system does not fluoridate all          40:5.11(G).
its water and/or has more than one fluoridation system, the              HISTORICAL NOTE: Promulgated by the Department of
supplier shall collect a minimum of one water sample daily             Health and Hospitals, Office of Public Health, LR 36:71 (January
in the distribution system and shall rotate the sample site            2010).
daily in order to obtain representative results of the level of        §1313. Funds Allocation
fluoride in the water provided throughout the distribution                A. DHH-OPH shall prioritize water supply systems with
system. If the water supply system is such that a single daily         5,000 or more service connections that are not fluoridating
sample taken in different locations cannot provide a                   to optimum fluoride levels for the receipt of funds as they
representative level, then multiple samples may be required.           become available. Priority will be based on cost
The number, location, and frequency of samples shall be in             effectiveness as well the level of funds available. The
accordance with a monitoring plan developed by the water               priority list will be periodically reviewed.
supply system and approved by the DHH-OPH.                                B. DHH-OPH shall also consider requests for funds from
     1. If more than 20 percent of the daily fluoride                  water supply systems with less than 5,000 service
samples collected in a month by a water supply system fall             connections. Fund allocation will be based on cost
outside the optimal fluoride level/range, the system shall be          effectiveness.
out of compliance with the optimal fluoride level/range.                  C. Within 90 days of written notification from DHH-
     2. At least once a month, any water supplier with an              OPH to the community water system of the availability of
operating fluoridation system shall divide one sample and              funds, the community water system shall submit an estimate
have one portion analyzed for fluoride in a ―DHH-OPH                   of the cost to acquire and install the needed fluoridation
Approved Chemical Laboratory/ Drinking Water‖ lab                      equipment as well as an estimate of the cost of fluoride
                                                                  71                 Louisiana Register Vol. 36, No. 1 January 20, 2010
source material required to fluoridate the system for a period                                     RULE
of six months from the date of initial installation and
                                                                              Department of Public Safety and Corrections
operation.
                                                                                 Board of Private Security Examiners
   D. Upon acceptance of the submitted cost estimate by
DHH-OPH, a written agreement between the State of
                                                                                        Training (LAC 46:LIX.409)
Louisiana’s DHH-OPH and the governing body of the
community water system shall be executed for the
commissioning, construction, and the first six months of                   Under the authority of R.S. 37:3270 et seq., and in
fluoride source materials for the required fluoridation                 accordance with the provisions of the Administrative
system. Transfer of funds shall be through reimbursement to             Procedure Act, R.S. 49:950 et seq., the Louisiana Board of
the water supply system for paid invoices as they are                   Private Security Examiners amends Section 409 under
submitted to the DHH-OPH.                                               Chapter 4 to change the length of time an instructor license
   E. All design, procurement, and construction shall be                is valid, from two years to one year. An administrative
completed in a timely manner consistent with the                        processing fee is being assessed at a cost of $10 to cover
reimbursement of funds by the DHH-OPH. Upon                             administrative costs or processing instructor renewal
completion of construction and the receipt of the initial six           applications.
months supply of fluoride source material, as well as the                  The Rule requires a renewal application of instructors to
completion of appropriate operator training and certification,          be submitted and reviewed annually, rather than every two
the water supply system shall promptly initiate water                   years.
fluoridation and shall maintain the optimum fluoride                                               Title 46
level/range throughout its distribution system.                                 PROFESSIONAL AND OCCUPATIONAL
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                          STANDARDS
40:5.11(G).                                                                        Part LIX. Private Security Examiners
  HISTORICAL NOTE: Promulgated by the Department of                     Chapter 4.       Training
Health and Hospitals, Office of Public Health, LR 36:71 (January        §409. Instructor Requirements, Responsibilities and
2010).                                                                            Liability
§1315. Requirement for Continued Operation                                 A. - C.2. …
   A. Any public water system with over 5,000 service                      D. License Renewal
connections that has initiated fluoridation prior to, on, or                 1. Instructor licenses issued by the board shall be
after July 6, 2008 shall not discontinue fluoridation without           valid for one year. Expiration date is based on the date the
the approval of a majority of the registered voters who cast a          license is approved and issued.
vote in a local election called and held in accordance with                D.2. - G.2. …
R.S. 40:5.11(B).                                                           H. An administrative fee of $10 made payable to the
   B. Any public water system with fewer than 5,000                     board will be assessed on all fees that may be assessed by
service connections that has initiated fluoridation as directed         the board under this section.
by ordinance or resolution of the appropriate governing body              AUTHORITY NOTE: Promulgated in accordance with R.S.
shall not discontinue fluoridation without the approval of              37:3270, et seq.
that governing body.                                                      HISTORICAL NOTE: Promulgated by the Department of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   Public Safety and Corrections, Board of Private Security
40:5.11(G).                                                             Examiners, LR 13:755 (December 1987), amended LR 18:194
  HISTORICAL NOTE: Promulgated by the Department of                     (February 1992), LR 23:589 (May 1997), LR 26:1074 (May 2000),
Health and Hospitals, Office of Public Health, LR 36:72 (January        LR 31:1600 (July 2005), LR 36:72 (January 2010).
2010).
                          Title 51                                                                Wayne Rogillio
        PUBLIC HEALTH—SANITARY CODE                                                               Executive Director
                                                                        1001#046
                Part XII. Water Supplies
Chapter 3.      Water Quality Standards
                                                                                                   RULE
§317. Water Systems Which Fluoridate/Plan to
         Fluoridate                                                                      Department of Revenue
  A. Public water systems which fluoridate their water                                   Policy Services Division
supply (or which plan to fluoridate their water supply) shall
comply with the applicable requirements of LAC                          Individual Income Tax Filing Extensions (LAC 61:III.2501)
48:V.Subpart 5 (Fluoridation).
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     Under the authority of R.S. 47:1511, 1514, 103(D), and in
40:4(A)(8), R.S. 40:5 (2)(3)(5)(6)(7)(17), and R.S. 40:5.11(G).         accordance with the provisions of the Administrative
  HISTORICAL NOTE: Promulgated by the Department of                     Procedure Act, R.S. 49:950 et seq., the Department of
Health and Hospitals, Office of Public Health, LR 36:72 (January        Revenue, Policy Services Division, amends Subparagraph
2010).
                                                                        A.2.b of LAC 61:III.2501 to strike the language "extension
                                                                        via the Department of Revenue’s web site."
                            Alan Levine
                            Secretary
1001#044



Louisiana Register Vol. 36, No. 1 January 20, 2010                 72
   This language was originally included because the only            is in state custody and provides for advising parents of their
electronic application for requesting an extension was via           obligation to care for their children, and, related matters.
the LDR web site. Beginning this year, LDR will require                 This action is necessary to clarify current procedures for
software developers to provide the capability for                    determining the amount of contribution required by a
taxpayers/tax preparers to request extensions electronically.        parent(s) whose child(ren) is in the care and custody of the
                           Title 61                                  state of Louisiana.
              REVENUE AND TAXATION                                                                Title 67
    Part III. Department of Revenue―Administrative                                       SOCIAL SERVICES
               Provisions and Miscellaneous                                          Part V. Community Services
Chapter 25. Returns                                                                     Subpart 5. Foster Care
§2501. Individual Income Tax Filing Extensions                       Chapter 35. Payments, Reimbursables, and
   A. The secretary may grant a reasonable extension of                               Expenditures
time to file a state individual income tax return, not to            §3501. Procedures for Determining the Amount of
exceed six months.                                                             Contribution Required by Parents Whose
     1. To obtain a filing extension, the taxpayer must                        Children are in the Care and/or Custody of the
make the request on or before the tax return’s due date.                       State of Louisiana
     2. A taxpayer may request a state filing extension by              A. At initial assessment when children enter the custody
submitting:                                                          of the state, the gross income of the family shall be
       a. a paper copy of an Application for Extension of            considered as a base from which to begin the assessment
Time to File Louisiana Individual Income Tax;                        process. From this amount, parents are allowed a deduction
       b. an electronic application; or                              of $1,500 per dependent in the home. This includes the
       c. a paper copy of the IRS Application for                    children who were residing in the home prior to removal.
Automatic Extension of Time To File U.S. Individual                  The resulting figure shall be the adjusted family income
Income Tax Return.                                                   which shall be used to determine the amount of contribution.
   B. Filing Extension Does Not Extend Time to Pay Tax               The amount of the assessment shall be 10 percent of the
     1. A filing extension granted by the secretary only             adjusted family income divided into 12 monthly payments.
allows for an extension of time to file the tax return. The          The amount would be the same for the family regardless of
extension does not allow an extension of time to pay the tax         the number of children in care, i.e., families which have the
due.                                                                 same adjusted income but different numbers of children in
     2. To avoid interest and penalty assessments,                   care would be billed the same amount.
estimated taxes due should be paid on or before the original            B. At reassessment, only changes in the composition or
due date.                                                            income of the family will be considered in the calculation.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                Dependent deductions of $1,500 for family members in the
47:1511, 1514, and 103(D).                                           home will continue to be allowed. The resulting figure is the
  HISTORICAL NOTE: Promulgated by the Department of
                                                                     adjusted family income. The amount shall be used to
Revenue, Policy Services Division, LR 35:1137 (June 2009),
amended LR 36:73 (January 2010).
                                                                     determine the amount of contribution. The yearly
                                                                     contribution shall be equal to 10 percent of the adjusted
                          Cynthia Bridges                            family income. The family will pay this one amount
                          Secretary                                  regardless of the number of children who are in care.
1001#073                                                                C. Parental contributions shall not be recommended if an
                                                                     existing child support order is in place or if good cause
                           RULE                                      exists in a particular case. The exceptions for good cause
                                                                     shall be determined on a case by case basis by the case
              Department of Social Services                          manager for reasons including, but not limited to short-term
              Office of Community Services                           foster care placements; pending adoption proceedings;
                                                                     potential non-custodial parent placement; imminent
               Foster Care (LAC 67:V.3501)                           termination of parental rights; or, when assessment is
                                                                     contrary to the case plan goals. These exceptions shall be
  In accordance with R.S. 49:950 et seq., the Administrative         documented in the case plan or court report.
Procedure Act, and to comply with Act 392 of the 2008                  AUTHORITY NOTE: Promulgated in accordance with R.S.
Regular Legislative Session, the Department of Social                46:51.1.
Services, Office of Community Services, has amended LAC                HISTORICAL NOTE: Promulgated by the Department of
67: V., Subpart 5, Chapter 35, §3501, "Payables,                     Social Services, Office of Community Services, LR 17:1225
Reimbursables, and Expenditures."                                    (December 1991), amended LR 36:73 (January 2010).
  Act 392 of the 2008 Regular Legislative Session requires
in part that Children's Code Article 685 and R.S. 46:3                                          Kristy H. Nichols
51.1(A) be amended and reenacted and that Children's Code                                       Secretary
                                                                     1001067
Article 682(B)(5) be enacted, relative to parental
contributions for care and treatment of their child(ren) who




                                                                73                Louisiana Register Vol. 36, No. 1 January 20, 2010
                             RULE                                          Chapter 25. Support Enforcement
                                                                           Subchapter B. Support Obligation
               Department of Social Services
                                                                           §2509. Income Assignment
                 Office of Family Support
                                                                              A. In all new or modified child support orders enforced
                                                                           by Support Enforcement Services (SES) and all new child
                   Support Enforcement
                                                                           support orders after January 1, 1994, that are not being
              (LAC 67:III.2301, 2509, and 2801)
                                                                           enforced by SES, the court shall order an immediate income
                                                                           assignment unless a written agreement exists between the
   In accordance with the provisions of R.S. 49:950 et seq.,
                                                                           parties for an alternate arrangement, or the court finds good
the Administrative Procedure Act, the Department of Social
                                                                           cause not to require an immediate income assignment.
Services (DSS), Office of Family Support, has amended the                  Employers shall remit any amounts withheld through income
Louisiana Administrative Code, Title 67, Part III, Subpart 4,              assignment within seven days.
Support Enforcement Services (SES), Chapter 23,
                                                                              B. - D. …
Subchapter A, which provides for designation, authority,
                                                                              E. All income assignment orders shall be payable
organization and staffing of support enforcement services;
                                                                           through the Louisiana state disbursement unit. Payments
Chapter 25, Subchapter B, which provides for support
                                                                           shall be made payable to the Department of Social Services
obligation payments through income assignment; and                         and mailed to:
Chapter 28, Subchapter A, which provides for non-IV-D case                                    Centralized Collection Unit
administration.                                                                               Post Office Box 260222
   The Regular Session of the 2003 Louisiana Legislature                                      Baton Rouge, Louisiana 70826-0222.
repealed R.S. 46:236.1 and enacted R.S. 46:236.1.2 effective                 AUTHORITY NOTE: Promulgated in accordance with R.S.
July 2, 2003, to authorize the department to develop and                   46:236.3 and 45 CFR 303.100, P.L. 104-193.
                                                                             HISTORICAL NOTE: Promulgated by the Department of
implement a program of family support. Amendment of this
                                                                           Health and Human Resources, Office of Family Security, LR
Section is necessary to provide the correct citation of                    11:1083 (November 1985), amended by the Department of Social
authority in the Louisiana Administrative Code.                            Services, Office of Eligibility Determinations, LR 16:33 (January
   The Regular Session of the 1997 Louisiana Legislature                   1990), amended by the Department of Social Services, Office of
amended R.S. 9:303 effective October 1, 1998. This                         Family Support, LR 23:748 (June 1997), LR 26:356 (February
amendment requires new child support orders that are not                   2000), LR 36:74 (January 2010).
being enforced by the Department of Social Services to                     Chapter 28. Non-IV-D Program
include, as part of the order, an immediate income                         Subchapter A. Non-IV-D Case Administration
assignment payable through the state disbursement unit.                    §2801. General Provisions
Amendment of this section is necessary to ensure                             A. …
compliance with Louisiana Revised Statute 9:303.                             B. Payments shall be made payable to the Department of
   The Department of Social Services, Office of Family                     Social Services. When a payment is received from the
Support, Support Enforcement Services anticipates entering                 noncustodial parent or that parent’s employer, the support
into a Memorandum of Understanding (MOU) with the 24th                     payment will be distributed in accordance with standards for
Judicial District Court (JDC) agreeing that the 24th JDC will              child support orders not associated with IV-D services. The
make all income assignment orders (IAOs) payable to DSS.                   clerks of court will provide information to identify a case if
SES will, upon receipt of payment from the noncustodial                    requested by the Department of Social Services.
parent or that parent’s employer, remove the court ordered                   AUTHORITY NOTE: Promulgated in accordance with 45
administrative fee and send the fee to the court before                    CFR 303.100, P.L. 100-485 and R.S. 9:303; 42 U.S.C. section
disbursing the support collected in accordance with                        654(b) and R.S. 46:236.11.
                                                                             HISTORICAL NOTE: Promulgated by the Department of
standards for child support orders not associated with IV-D
                                                                           Social Services, Office of Family Support, LR 19:1527 (December
services. Amendment of this Section is necessary to comply                 1993), amended LR 20:449 (April 1994), LR 26:2830 (December
with the provisions of the MOU.                                            2000), LR 36:74 (January 2010).
                           Title 67
                    SOCIAL SERVICES                                                                     Kristy H. Nichols
             Part III. Office of Family Support                                                         Secretary
        Subpart 4. Support Enforcement Services                            1001#066
Chapter 23. Single State Agency Organization
Subchapter A. Designation, Authority, Organization and                                                  RULE
                 Staffing
                                                                                      Department of Wildlife and Fisheries
§2301. Authority
                                                                                       Wildlife and Fisheries Commission
   A. Support Enforcement Services (SES) is established in
accordance with U.S.C.A., Title 42, Section 651 et seq. and
                                                                                   Nuisance Wildlife Control Operator Program
R.S. 46:236.1.2 et seq.
  AUTHORITY NOTE: Promulgated in accordance with
                                                                                                (LAC 76:V.127)
U.S.C.A., Title 42, Section 651 et seq. and R.S. 46:236.1.2 et seq.
  HISTORICAL NOTE: Promulgated by the Department of                          The Department of Wildlife and Fisheries and the Wildlife
Social Services, Office of Family Support, LR 17:1226 (December            and Fisheries Commission do hereby amend the rules for the
1991), amended LR 36:74 (January 2010).                                    Nuisance Wildlife Control Operator Program.



Louisiana Register Vol. 36, No. 1 January 20, 2010                    74
                            Title 76                                  LDWF approved continuing education every three years
               WILDLIFE AND FISHERIES                                 after attending the NWCO training class. Failure to attend
         Part V. Wild Quadrupeds and Wild Birds                       the training class or obtain the six hours of LDWF approved
Chapter 1.       Wild Quadrupeds                                      continuing education every three years will result in
§127. Nuisance Wildlife Control Operator Program                      revocation of the NWCO permit.
   A. Purpose                                                            D. Exemptions
     1. The purpose of this Section is to establish                        1. Employees of the Louisiana Department of Wildlife
guidelines for the permitting of Nuisance Wildlife Control            and Fisheries, Louisiana Department of Agriculture and
Operators (NWCO’s) and the procedures to be used by the               Forestry, Louisiana Department of Transportation and
NWCO’s in controlling nuisance wildlife.                              Development, U.S. Fish and Wildlife Service, and
     2. NWCO’s are defined as individuals who offer                   USDA/APHIS/Wildlife Services are exempt from all
commercial services for the control of nuisance wildlife.             NWCO permit requirements while they are on duty and
   B. Permits                                                         carrying out official business of their respective agency.
     1. All NWCOs must have a valid NWCO permit                       Also, city, parish, or local municipal government employees
issued by the Louisiana Department of Wildlife and                    assigned to animal control duties are exempt from permit
Fisheries (LDWF) in their possession while engaged in                 requirements while on duty and carrying out official
nuisance wildlife control activities. NWCO permits are                business of their respective agency. It is recommended that
issued only to individuals and each individual engaged in             exempted agencies adopt a policy requiring euthanasia of all
NWCO activities must possess a NWCO permit issued in                  skunks, raccoons, feral hogs, coyotes, and nutria. Animals
his/her name. This rule does not provide for or authorize any         that are not euthanized may not be released on LDWF
NWCO to name a subpermittee.                                          owned or managed land such as wildlife management areas
     2. In addition to the NWCO permit, all NWCOs must                or refuges and may not be sold, bartered or exchanged.
possess a valid Louisiana trapping license and valid                     E. Reporting and Renewal Requirements
Louisiana basic hunting license (or equivalent) in their                   1. All nuisance wildlife complaints that result in a site
possession while engaged in nuisance wildlife control                 visit by a NWCO must be fully documented on Nuisance
activities. Additionally, any NWCO servicing non-protected            Wildlife Complaint Forms or in a format provided by
reptile and amphibian nuisance calls must possess a valid             LDWF.
basic fishing license or equivalent.                                       2. Nuisance Wildlife Complaint Forms for the permit
     3. NWCO permits will be issued on a calendar year                period must be submitted to the LDWF no later than 30 days
basis (January 1-December 31) and must be renewed                     following the expiration of the permit and NWCO permits
annually.                                                             will not be renewed until these forms are received. Reports
   C. Permit Requirements                                             will cover the period from December 1 of the prior license
     1. All applicants must be 18 years of age or older.              year to November 30 of the current license year. However,
     2. The applicant must achieve a minimum score of 80              the 30 day grace period that follows expiration of the
percent on the LDWF NWCO examination. The examination                 NWCO permit, applies to report filing only and does not
shall consist of questions relating to wildlife biology and           authorize NWCOs to engage in nuisance wildlife control
behavior, nuisance animal control methods and procedures,             activities without a current NWCO permit.
and nuisance wildlife control laws, rules and regulations.                 3. Any NWCO who does not submit his/her report by
Any applicant who fails to pass the examination may take              the 30th day after the expiration date of the permit, or who
another examination no earlier than 30 days from the date of          submits a false or materially incomplete report shall be
the prior examination. Applicants may not attempt to take             issued a citation for violation of Louisiana Wildlife and
the NWCO examination more than three times per calendar               Fisheries Commission rules and regulations. If the citation
year.                                                                 does not result in a conviction, plea of guilty, or plea of no
     3. Anyone who has been convicted of a Class II or                contest, the NWCO will be considered for reapplication
greater wildlife violation in Louisiana, or the equivalent in         upon receipt of the late Nuisance Wildlife Complaint
another state within the past three years, or has been                Form(s).
convicted of a felony in Louisiana or another state, shall not             4. Report forms must be current and shall be available
be eligible for a NWCO permit. Also, any person whose                 for inspection at all times by Wildlife Enforcement Agents or
hunting or trapping license privileges have been revoked and          any other authorized representatives of the department.
is prohibited from hunting and trapping in Louisiana shall            NWCOs must maintain copies of all Nuisance Wildlife
not be allowed to possess or operate under the authority of a         Complaint Forms for three years.
NWCO permit.                                                             F. Procedures and Guidelines
     4. All applicants must attend a LDWF sponsored                        1. The NWCO permit authorizes the holder to capture,
NWCO training class prior to or within 6 months of                    euthanize or relocate designated species of wildlife by safe
receiving their permit. A class registration charge may be            and effective means at any time of the year and without
applied. Those NWCOs with valid permits at the time this              limits provided the operator is acting on a valid, documented
rule becomes effective will have one year from the effective          wildlife complaint.
date of amended regulations to complete the training class                 2. The following procedures and guidelines for
requirement. All NWCOs are required to attend six hours of            NWCO permittees shall be in effect to establish what species




                                                                 75                Louisiana Register Vol. 36, No. 1 January 20, 2010
of wildlife may be taken under the authority of this permit,            minimum of once every 48 hours. All traps and other capture
the legal methods that may be used to take nuisance wildlife            devices shall be marked with permanent tags bearing the
under the authority of this permit, and the legal methods of            telephone number and LDWF issued permit number of the
disposing of nuisance wildlife.                                         NWCO.
        a. Only wildlife damage or nuisance complaints                         h. Only legal methods of take, as provided by
affecting humans and/or their property are considered valid             existing law, shall be authorized under the NWCO permit. In
complaints. Complaints involving conflicts between two or               addition to legal traps and snares, nets and capture by hand
more species of wildlife are not valid nuisance wildlife                are authorized.
complaints.                                                                        i. All traps and other capture devices shall be set
        b. NWCO permittees are only authorized to live                  in a manner that:
trap and relocate, live trap and euthanize, or lethally trap the                   i. will minimize the risk to non-target animals;
following species when such action is warranted by a valid                        ii. will minimize the risk to the public and to pets;
nuisance wildlife complaint: armadillo, beaver, bobcat,                 and
coyote, feral hogs, fox, mink, muskrat, nutria, opossum,                         iii. are out of the view of the general public.
otter, rabbit, raccoon, squirrel (including flying squirrel) and               j. The NWCO permit does not authorize the use of
skunk. NWCO permittees are only authorized to live trap                 firearms, except that nutria, beaver, coyotes, armadillos and
and relocate, live trap and euthanize, or lethally trap reptiles        feral hogs where legal, may be taken as provided by existing
and amphibians that are not protected by federal law.                   law. Firearms may also be used in accordance with the
Nuisance birds may be controlled as provided by existing                American Veterinary Medical Association (AVMA)
law. Bats may be controlled by exclusion or by capture and              guidelines on euthanasia. Discharge of any firearms shall be
relocation only. Bats shall not be controlled by any lethal             subject to all state, parish and municipal restrictions and
methods. It is recommended all NWCOs working with bats                  ordinances.
complete the Bat Conservation International (BCI)                              k. When relocation is authorized, the NWCO may
professional excluders’ course available on-line.                       have the wildlife in possession for no more than 24 hours
        c. The NWCO permit does NOT authorize the                       unless specifically authorized by the department.
capture and/or handling of white-tailed deer, bears, wild                      l. Wildlife that is relocated shall be released at least
turkeys or alligators.                                                  five miles outside of any city limit and must be released
        d. The sale, trade, barter, gifting or retention of any         within the state of Louisiana.
wildlife or part thereof taken under the authority of a NWCO                   m. Wildlife shall not be released on private land
permit is prohibited except that furbearers taken during the            without written permission of the landowner or landowner
open trapping season may be sold as provided by law.                    designee.
Additionally, individuals wishing to trap coyotes outside of                   n. Wildlife shall not be released on public land
open trapping season may do so with the purchase of an                  without first obtaining written permission from the
annual special permit which may be issued to a Louisiana                governmental entity owning or administering the release
Department of Wildlife and Fisheries approved applicant for             property.
the trapping of coyotes only, outside of the annual trapping                   o. Captured wildlife that appears to be sick or
season. In order for the permittee to sell live coyotes he must         injured shall not be relocated. NWCOs must contact the
also possess a nongame quadruped breeders license (R.S.                 appropriate LDWF regional office for instructions regarding
56:262.1) and a valid trapping license.                                 sick wildlife. Injured animals may be delivered to a licensed
        e. NWCO permittees must follow all state and                    rehabilitator or euthanized in accordance with AVMA
federal laws, rules and regulations that apply to the taking of         guidelines.
wildlife, with the exception of season dates and bag limits,                   p. Raccoons, skunks, feral hogs, coyotes and nutria
except as otherwise provided in this section.                           shall not be relocated and shall be euthanized, within 12
        f. All wildlife taken under a NWCO permit shall be              hours of capture, in accordance with the current AVMA
taken and disposed of in a manner to ensure safe and                    guidelines on euthanasia.
effective handling and/or euthanasia. Acceptable carcass                  AUTHORITY NOTE: Promulgated in accordance with the
disposal options include deep burial (four feet), incineration,         Louisiana Constitution, Article IX, Section 7, R.S. 56:1, R.S. 56:5,
and sanitary landfills. Disposal of carcasses must be in                R.S. 56:6 (10) and (15), and R.S. 56:112, et seq.
compliance with all local codes and ordinances. Euthanasia                HISTORICAL NOTE: Promulgated by the Department of
                                                                        Wildlife and Fisheries, Wildlife and Fisheries Commission, LR
of a captured animal is to be performed under the guidelines            30:2080 (September 2004), amended LR 36:75 (January 2010).
adopted by the American Veterinary Medical Association
(AVMA).                                                                                              Robert J. Barham
        g. Traps or other capture devices set for live capture                                       Secretary
(including leg hold traps) shall be checked a minimum of                1001#055
once every 24 hours and all animals removed. Traps
intended to result in immediate death must be checked a




Louisiana Register Vol. 36, No. 1 January 20, 2010                 76
                           RULE                                        30:101 (January 2004), amended LR 31:108 (January 2005), LR
                                                                       32:266 (February 2006), LR 33:113 (January 2007), LR 34:97
           Department of Wildlife and Fisheries                        (January 2008), LR 36:77 (January 2010).
            Wildlife and Fisheries Commission
                                                                                                   Robert J. Barham
   Removal of Abandoned Crab Traps (LAC 76:VII.367)                                                Secretary
                                                                       1001#053
   The Wildlife and Fisheries Commission does hereby
amends rules in LAC 76:VII.367, which provides for an                                              RULE
abandoned crab trap removal program. Authority to establish
                                                                                  Department of Wildlife and Fisheries
these regulations is vested in the Commission by R.S.                              Wildlife and Fisheries Commission
56:332(N).
                            Title 76
                                                                              Special Bait Dealer's Permit (LAC 76:VII.329)
                WILDLIFE AND FISHERIES
           Part VII. Fish and Other Aquatic Life
                                                                          The Wildlife and Fisheries Commission does hereby
Chapter 3.       Saltwater Sport and Commercial Fishery
                                                                       amends rules in LAC 76:VII.329, which provide for a
§367. Removal of Abandoned Crab Traps
                                                                       special bait dealer’s permit program. Authority to establish
   A. The use of crab traps shall be prohibited from 6:00
                                                                       these regulations is vested in the commission by R.S.
a.m., February 27, 2010 through 6:00 a.m. March 8, 2010
                                                                       56:497(C).
within that portion of Lafourche Parish, Jefferson Parish, and
                                                                                                   Title 76
Plaquemines Parish as described below.
                                                                                       WILDLIFE AND FISHERIES
      1. From a point originating from the intersection of
                                                                                  Part VII. Fish and Other Aquatic Life
the Gulf Intracoastal Waterway and the northern shoreline of
                                                                       Chapter 3.       Saltwater Sport and Commercial Fishery
Hero Canal; thence due north to a point along the northern
                                                                       §329. Special Bait Dealer’s Permit
shoreline of the Gulf Intracoastal Waterway; thence
                                                                          A. Policy. The special bait dealer's permit is intended
southward and then westward along the northern shoreline
                                                                       solely for the benefit of the recreational fishing public which
of the Gulf Intracoastal Waterway to a point opposite the
                                                                       desires to use live shrimp and live croaker as bait during the
western shoreline of Bayou Perot; thence due south to the
                                                                       closed season between the spring and fall shrimp seasons. Its
western shoreline of Bayou Perot; thence southward along
                                                                       purpose is to allow the uninterrupted operation of those
the western shoreline of Bayou Perot to Little Lake; thence
                                                                       commercial establishments which sell live bait shrimp and
southward along the western shoreline of Little Lake to 29
                                                                       live croaker to the fishing public during the closed season
degrees, 30 minutes, 00 seconds north latitude; thence
                                                                       beginning May 1 of each year until the opening of the spring
eastward along 29 degrees, 30 minutes, 00 seconds north
                                                                       inshore shrimp season and between the spring and fall
latitude to the eastern shoreline of Wilkinson Canal; thence
                                                                       shrimp season. The permit is not intended for the direct use
northward along the eastern shoreline of Wilkinson Canal to
                                                                       of recreational fishermen, charter boats, commercial
its termination; thence due north to the western shore of the
                                                                       fishermen who sell dead shrimp or croaker, or for any other
Mississippi River; thence northwestward along the western
                                                                       entity which may wish to catch shrimp or croaker for their
shore of the Mississippi River to a point due east of the
                                                                       own use during the closed season.
northern shoreline of Hero Canal; thence due west to the
                                                                          B. Application
northern shoreline of Hero Canal; thence westward along the
                                                                            1. Applications for the special bait dealer's permit will
northern shoreline of Hero Canal and terminating at its
                                                                       be accepted from January 1 through April 30 of each year.
intersection with the Gulf Intracoastal Waterway.
                                                                       All applications should be mailed to the department via
   B. All crab traps remaining in the closed area during the
                                                                       certified mail.
specified period shall be considered abandoned. These trap
                                                                            2. Applications will be accepted only from the owner
removal regulations do not provide authorization for access
                                                                       of an existing business which sells or plans to sell live bait to
to private property; authorization to access private property
                                                                       recreational fishermen.
can only be provided by individual landowners. Crab traps
                                                                            3. Applications must be notarized and made on forms
may be removed only between one-half hour before sunrise
                                                                       provided by the department; all information requested must
to one-half hour after sunset. Anyone is authorized to
                                                                       be provided before the application will be processed.
remove these abandoned crab traps within the closed area.
                                                                            4. Applicants must show proof of having acquired all
No person removing crab traps from the designated closed
                                                                       necessary licenses and permits before the permit will be
areas shall possess these traps outside of the closed area. The
                                                                       issued. This includes, if relevant, boat registration, vessel
Wildlife and Fisheries Commission authorizes the Secretary
                                                                       license, gear license, commercial fishing licenses, and name
of the Department of Wildlife and Fisheries to designate
                                                                       of fisherman; wholesale/retail seafood dealers license, state
disposal sites.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       sales tax number, and a copy of the applicant's and the
56:332(N).                                                             fisherman's valid driver’s license. A background check for
  HISTORICAL NOTE: Promulgated by the Department of                    wildlife violations of the applicant and the fisherman will be
Wildlife and Fisheries, Wildlife and Fisheries Commission LR           made. Any person convicted of any Class Two or greater




                                                                  77                 Louisiana Register Vol. 36, No. 1 January 20, 2010
wildlife or fisheries violation within the previous 3 years            permit; no other commercial fishing gear may be on the
prior to the date of application shall not qualify to obtain a         vessel when it is being used under permit.
special bait dealer’s permit or be onboard any vessel                       3. No more than two gallons of dead shrimp or
engaged in permitted activities.                                       croaker or combination thereof may be aboard the vessel
     5. Beginning in 2008, applicant must post a $1,000                while it is operating under the permit. All dead shrimp or
cash bond before the permit is issued. This bond will be               croaker or combination thereof in excess of two gallons must
forfeited if the permittee, his employee, or his contractor            be immediately returned to the water. Shrimp or croaker
violates any provision of the rules and regulations                    dying in onshore holding facilities may be sold for bait use
concerning the special bait dealer's permit or if the                  only, in lots not to exceed 16 ounces in weight.
permittee, his employee, or his contractor violates any                     4. Bait shrimp or croaker may be taken only from
commercial fishing law or regulation while operating under             official sunrise to official sunset; no night fishing is allowed
the permit. The fee for the special bait dealer’s permit shall         under this permit.
be $110.                                                                    5. The entire original permit must be in the possession
     6. Before the permit is issued an agent of the                    of the person operating the vessel while it is engaged in
department must inspect the facilities of the applicant and            taking shrimp or croaker under the terms of the permit.
verify that the applicant is operating a commercial                         6. Each time the permit is used the permittee must
establishment which sells live shrimp or live croaker to the           notify the department by contacting the Communications
fishing public for use as bait, and that the applicant does            Section on the designated toll free telephone number
have facilities to maintain live shrimp or croaker. Notice to          provided on the permit and recording the confirmation
the public must be posted that live bait shrimp or croaker are         number received. Before the vessel departs the dock under
available for sale. The applicant must have onshore facilities,        the permit, the department must be advised of the time of
including tanks with a combined minimum capacity of 300                departure and the sub-basin code corresponding to the
gallons, available to hold live shrimp or live croaker. These          department’s trip ticket sub-basin map in which trawling or
tanks must have provisions for aeration and/or circulation of          skimming will take place; immediately after the permitted
the water in which live shrimp or croaker are held prior to            vessel returns to the dock the department must be notified of
sale. In determining total tank capacity of onshore facilities,        the time of return by contacting the Communications Section
the agent shall not count any tank with a capacity of less             on the designated toll free telephone number provided on the
than 30 gallons.                                                       permit.
     7. Only the applicant, his designated employee, or his                 7. The permittee shall maintain an up-to-date record
contractor may operate under the permit. At the time of                of the activities conducted under the permit on forms
application, the applicant will specify the vessel and who             provided by the department for that purpose. These records
will be working under the permit. Should the vessel or these           shall be kept onboard the vessel and made available for
persons change, the applicant shall submit an amended                  inspection by agents of the department upon request by said
application listing the vessel or those persons and be in              agents at any time and shall include the permittee’s name
receipt of an approved amended permit before the new                   and permit number, date, departure time, fishing location,
vessel or persons operate under the permit. The permit is not          gear used, confirmation number, return time, and number of
transferable to any other person or vessel. The entire original        live shrimp or live croaker harvested. All applicable record
permit must be carried on the vessel while in operation.               information shall be completed before fishing operations
     8. No person shall transfer any shrimp or croaker                 begin. In addition, any agent of the department shall be
taken under a permit from one vessel to another.                       allowed to make an on site inspection of any facilities
   C. Operations                                                       operating under the permit, at any time. Permittee shall
     1. Only the vessel and captains listed in the permit              submit to the department, not later than September 1
shall be used with the permit. Live wells, aeration tanks, and         following the live bait season, this record of permit activities
other vessel facilities to maintain live shrimp or croaker             on forms provided by the department. Nothing herein this
must be carried on or built into this vessel; it must be used          section shall exempt the permittee from trip ticket reporting
for both taking and transporting the live shrimp or croaker.           requirements as provided for in R.S. 56:306.4.
The vessel must have a minimum of one compartment or                      D. Penalties
tank with a minimum capacity of 30 gallons. No other vessel                 1. No person shall violate any provision of this
may be used under the permit. Signs which identify the                 Section. Violations of any provision of this Section shall
vessel as working under the special bait dealer's permit shall         constitute a Class 4 violation as defined in R.S. 56:34.
be posted on the vessel. These signs shall be visible from                AUTHORITY NOTE: Promulgated in accordance with R.S.
either side of the vessel and from the air; the word "BAIT"            56:326.3 and 56:497(C).
and the permit number shall be placed on these signs in                   HISTORICAL NOTE: Promulgated by the Department of
letters at least 12 inches high.                                       Wildlife and Fisheries, Wildlife and Fisheries Commission, LR
                                                                       3:210 (April 1977), amended LR 15:867 (October 1989), LR
     2. Permitted gear is limited to one trawl not to exceed           19:215 (February 1993), LR 23:86 (January 1997), LR 33:864
25 feet along the cork line 33 feet along the lead line or two         (May 2007), LR 36:77 (January 2010).
skimmer nets having an individual net frame size not more
than 12 and 1/2 feet measured horizontally or 12 feet                                              Robert J. Barham
measured vertically or 17 feet 4 inches measured diagonally.                                       Secretary
These are the only gears which can be used or carried aboard           1001#052
the permitted vessel while the vessel is operating under the


Louisiana Register Vol. 36, No. 1 January 20, 2010                78
                                           Notices of Intent
                   NOTICE OF INTENT                                        Donation—either inter vivos or mortis causa, in the
                                                                       form established by Louisiana law.
          Department of Economic Development
                                                                           Contribution—a gift, payment, or deposit of money or
             Office of Business Development
                                                                       anything of value, or the forgiveness of a loan or of a debt.
                                                                           Low Income—an income level at or below 80% of the
                 CDC Certification Program
                                                                       mean income for a family of similar size within the state.
                  (LAC 13:I.Chapter 35)
                                                                           Sale Below Cost—a contract whereby a person transfers
                                                                       ownership of a thing to another for a price in money, in the
  In accordance with the Administrative Procedures Act,                form established by Louisiana law, at a price below its
R.S. 49:950 et seq., R.S. 47:6031 and R.S. 33:130.751 et               appraised value, as evidenced by appropriate documentation.
seq., the Department of Economic Development hereby                        Secretary—Secretary of the Department of Economic
gives notice of its intent to adopt the following Rule. The            Development, or designee.
purpose of this Rule is to establish program policies and                AUTHORITY NOTE: Promulgated in accordance with R.S.
procedures in the administration of the Community                      33:130.751 et seq., and 47:6031.
Development Corporation and Community Development                        HISTORICAL NOTE: Promulgated by the Department of
Financial Institution Certification Program.                           Economic Development, Office of Business Development, LR 36:
                            Title 13                                   Subchapter B. Certification Program
              ECONOMIC DEVELOPMENT                                     §3505. Eligibility Requirements for Certification
           Part I. Financial Incentive Programs                           A. Community Development Corporation (CDC). An
Chapter 35. Louisiana Community Economic                               applicant must meet all of the following requirements:
                 Development Act                                            1. is chartered pursuant to Chapter 2 of Title 12 of the
Subchapter A. General Provisions                                       Louisiana Revised Statues of 1950;
§3501. Purpose                                                              2. is tax exempt pursuant to Section 501(C)(3) of the
  A. The purpose of this Chapter is to administer the                  Internal revenue Code of 1986, as amended;
Louisiana Community Economic Development Act as                             3. has a primary mission of developing and improving
established by R.S. 33:130.751 et seq. and R.S. 47:6031.               low-income communities and neighborhoods through
  B. The purpose of this program is to provide for                     economic and related development;
community development corporations and community                            4. has activities and decisions initiated, managed, and
development financial institutions and to encourage                    controlled by the constituents of the community served;
economic development.                                                       5. does not provide credit, capital, or other assistance
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  from public funds in an mount greater than twenty-five
33:130.751 et seq., and 47:6031.                                       thousand dollars at one time or in one transaction;
  HISTORICAL NOTE: Promulgated by the Department of                         6. is not a non-profit organization with the sole
Economic Development, Office of Business Development, LR 36:           purpose of providing housing to neighborhoods or technical
§3503. Definitions                                                     assistance to other nonprofit organizations;
  A. Terms not otherwise defined in this Chapter                            7. has been certified or recertified as a community
shall have the same meaning given to them in R.S.                      development corporation as provided in this Subpart; and
33:130.751 et seq., unless the context clearly requires                     8. meets the LANO standard of excellence.
otherwise.                                                                B. Community Development Financial Institute (CDFI).
  B. In this Chapter, the following terms shall have the               An applicant must meet all of the following requirements:
meanings provided herein, unless the context clearly                        1. has a primary purpose of promoting community
indicates otherwise.                                                   development by providing credit, capital, or development
     Award Agreement—that agreement or contract                        services to small business or home mortgage assistance to
hereinafter referred to between the applicant and the                  individuals, including, but not limited to, capital access
department through which, by cooperative endeavor                      programs, micro-lending, franchise financing, and guaranty
agreement or otherwise, the parties set forth the terms,               performance bonds;
conditions, and performance objectives of the award                         2. maintains, through representation on its governing
provided pursuant to these rules.                                      board, accountability to persons in need of the institution’s
     Community Development Corporation (CDC)—a non-                    services;
profit corporation which satisfies all of the requirements of               3. is not an agent or instrumentality of the United
R.S. 33:130.752(1) and meets the LANO standards of                     States, or of a state political subdivision of a state, nor
excellence.                                                            maintains an affiliate relationship with any of these entities;
     Community       Development      Financial     Institution             4. maintains a goal of providing a majority of its
(CDFI)—an organization which satisfies all of the                      services to low-income individuals, minorities, or females or
requirements of R.S. 33:130.752(2).                                    in rural areas;
     Department—Department of Economic Development,                         5. provides capital and technical assistance to small or
or their designee.                                                     micro-business or mortgage assistance to individuals;

                                                                  79                 Louisiana Register Vol. 36, No. 1 January 20, 2010
     6. does not provide credit, capital, or other assistance           HISTORICAL NOTE: Promulgated by the Department of
in an mount greater than two hundred fifty thousand dollars           Economic Development, Office of Business Development, LR 36:
at one time or in one transaction;                                    §3513. Renewal of Certification
     7. has been certified or recertified as a community                 A. Certification may be renewed for subsequent two-year
development financial institution as provided for in this             periods.
Subpart; and                                                             B. Applicants must re-apply to the department, submit
     8. may be a federally or state-chartered financial               all required documentation and an application fee of $175.
institution holding company which qualifies as a community               C. The department shall review the application,
development financial institution only if the holding                 supporting documentation, and verify that all reporting
company and the subsidiaries and affiliates of the holding            requirements have been complied with, to determine
company collectively satisfy the requirements of this                 qualification for the re-certification.
Subpart.                                                                AUTHORITY NOTE: Promulgated in accordance with R.S.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 33:130.751 et seq., and 47:6031.
33:130.751 et seq., and 47:6031.                                        HISTORICAL NOTE: Promulgated by the Department of
  HISTORICAL NOTE: Promulgated by the Department of                   Economic Development, Office of Business Development, LR 36:
Economic Development, Office of Business Development, LR 36:          §3515.    Denial of Certification
§3507. Application Procedures                                            A. The department shall serve notice of intent to deny
  A. An applicant for certification shall submit the                  certification or renewal of certification, or to revoke an
following documents to the department:                                existing certification.
     1. complete, notarized certification application;                   B. Such notice shall be a written determination by the
     2. organizational management;                                    department, including a brief statement of the reasons
        a. certificate of incorporation;                              alleged for denial.
        b. either 501 (c) (3) tax exempt letter or CDFI fund             C. Such notice shall be served by certified mail or by
certification letter;                                                 mail service requiring a return receipt.
        c. by-laws; and                                                  D. A denied applicant may request a hearing within 30
        d. program of work;                                           days of receiving notice, by filing a written request for
     3. board information;                                            hearing with the department.
        a. names and addresses of the partners, officers,                  1. Such hearing shall be conducted pursuant to the
directors or trustees and those principal owners or members;          provisions of the Administrative Procedure Act, R.S. 49:950
        b. minutes of the four most recent board of directors         et seq.
meetings;                                                               AUTHORITY NOTE: Promulgated in accordance with R.S.
     4. financial information;                                        33:130.751 et seq., and 47:6031.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
        a. a copy of the most recent financial audit; and
                                                                      Economic Development, Office of Business Development, LR 36:
        b. a copy of the fiscal budget, including year-to date
                                                                      Subchapter C. Administration of Grants and Loans.
expenditures;
                                                                      §3517-3525 Reserved
     5. business plan;
                                                                      Subchapter D. Certification of Tax Credits
     6. an application fee of $300;
                                                                      §3527-3535 Reserved
     7. any additional information requested by the
                                                                                       Family Impact Statement
department.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        The proposed Rule (LAC 13:I.Chapter 35, Louisiana
33:130.751 et seq., and 47:6031.                                      Community Economic Development Act) should not have
  HISTORICAL NOTE: Promulgated by the Department of                   any known or foreseeable impact on any family as defined
Economic Development, Office of Business Development, LR 36:          by R.S. 49:972.D or on family formation, stability and
§3509. Qualification                                                  autonomy. Specifically, there should be no known or
  A. The department shall review the application and                  foreseeable effect on:
supporting documentation, and if necessary conduct a site                  1. the stability of the family;
visit to determine qualification.                                          2. the authority and rights of parents regarding the
  B. The department shall issue the applicant a final                 education and supervision of their children;
written determination, indicating either approval or denial of             3. the functioning of the family;
certification.                                                             4. family earnings and family budget;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      5. the behavior and personal responsibility of the
33:130.751 et seq., and 47:6031.                                      children;
  HISTORICAL NOTE: Promulgated by the Department of                        6. the ability of the family or a local government to
Economic Development, Office of Business Development, LR 36:          perform the function as contained in the proposed Rule.
§3511. Duration of Certification                                                             Public Comments
   A. If approved, certification shall be valid for two years           Interested persons should submit written comments on the
from the date of certification.                                       proposed Rule to Shawn Welcome through the close of
   B. A certified CDC or CDFI shall submit to the                     business on March 1, 2010 at P.O. Box 94185, Baton Rouge,
Department, on or before the anniversary date of their                LA 70804-9185 or 1051 North Third Street, Baton Rouge,
certification; a notarized annual financial report complying          LA 70802. Comments may also be submitted by email to:
with the requirements of R.S. 33:130.754(F).                          swelcome@la.gov.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
33:130.751 et seq., and 47:6031.

Louisiana Register Vol. 36, No. 1 January 20, 2010               80
                       Public Hearing                                              and donations. Increased contributions and donations, and
  A meeting for the purpose of receiving the presentation of                       grants and loans if made in the future, may allow the certified
oral comments will be held on March 2, 2010 at 10 a.m. at                          entities to expand their activities, but the effects are speculative
the Department of Economic Development, 1051 North                                 and not measurable.
Third St., Baton Rouge, LA 70802.                                               Kristy McKearn                             Robert E. Hosse
                                                                                Undersecretary                             Staff Director
                               Kristy Mc Kearn                                  1001#041                                   Legislative Fiscal Office
                               Undersecretary
                                                                                                    NOTICE OF INTENT
     FISCAL AND ECONOMIC IMPACT STATEMENT
                                                                                     Board of Elementary and Secondary Education
            FOR ADMINISTRATIVE RULES
         RULE TITLE: CDC Certification Program
                                                                                         Bulletin 118—Statewide Assessment
I.   ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO                                                Standards and Practices
     STATE OR LOCAL GOVERNMENT UNITS (Summary)                                    (LAC 28:CXI.Chapters 3, 7, 11, 13, 18, 20, 33, and 35)
          Act 374 of the 2007 Regular Session enacted the Louisiana
     Community Economic Development Act, providing for                             In accordance with R.S. 49:950 et seq., the Administrative
     certification of community development corporations and                    Procedure Act, notice is hereby given that the Board of
     community development financial institutions, grants and loans             Elementary and Secondary Education approved for
     to such entities from specifically appropriated funds (no such             advertisement revisions to Bulletin 118—Statewide
     appropriations have been made), and income and corporate                   Assessment Standards and Practices: §312. Administrative
     franchise tax credits for donations to such entities Act 374 will
     sunset on August 15, 2010. The proposed rule establishes
                                                                                Error, §701. Overview of Assessment Programs in
     procedures for certification of community development                      Louisiana, §1127. Grade 4 Achievement Level Descriptors,
     corporations and community development financial                           §1129. Grade 8 Achievement Level Descriptors, §1151.
     institutions, and will be administered by existing LED staff               Retests and Rescores, §1325. Grade 10 Achievement Level
     without additional costs. If in the future grants and loans are            Descriptors, §1327. Grade 11 Achievement Level
     made or tax credits certified (no procedures for which are                 Descriptors, §1349. Rescores, §1803. Introduction, §1819.
     included in the proposed rule), additional staffing costs could            Double Jeopardy Rule, §1821. First Cohort, §1823.
     be incurred, should these programs exceed the capacity of                  Rescores, §1825. EOC Administration Rules, §1827. EOC
     existing staff.                                                            Retest Administration, §1829. EOC Transfer Rules, §2011.
II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE
     OR LOCAL GOVERNMENTAL UNITS (Summary)
                                                                                Grade 4 Achievement Level Descriptors, §2012. Grade 5
          Certification of development corporations and community               Achievement Level Descriptors, §2013. Grade 6
     development financial institutions will have no direct effect on           Achievement Level Descriptors, §2014. Grade 7
     revenue collections. If in the future tax credits are certified for        Achievement Level Descriptors, §2015. Grade 8
     donations to such entities, state revenue would decline by the             Achievement Level Descriptors, §2016. Grade 9
     amount of the claimed credits. Three entities have contacted               Achievement Level Descriptors, §2017. Grade 10
     LED in regard to obtaining certification; the amount of                    Achievement Level Descriptors, §2019. Grade 11
     potential donations to these entities for which tax credits might          Achievement Level Descriptors, §2031. Double Jeopardy
     be certified cannot be determined, nor can it be determined how            Rule, §2033. Rescores, §2035. LAA 2 Administration Rules,
     many other entities might seek certification. The Act provides
     for maximum tax credits per business of $1 Million per year
                                                                                §2037. Summer Retest Administration, §2039. LAA 2
     and tax credits must be earned prior to the sunset date (so the            Transfer     Students,    §2041.     Student     Membership
     maximum tax credits that could be earned for donations to                  Determination, §3303. Special Education Students, §3307.
     these three entities is $3 Million). The Act provides tax credits          Limited English Proficient Students, §3501. Approved Home
     are earned at the rate of 25% of the donation, offset income tax           Study Program Students, and §3507 Office of Juvenile
     for the tax period in which the credit is earned and franchise tax         Justice.
     for the following tax period (credit for businesses divided in                The document will provide new and updated statewide
     equal portions for five years), and must be used by the end of             test information and provide easy access to that information.
     the fifth tax year after granted. Grants and loans could be made           It was necessary to revise the bulletin at this time to
     in the future if funds are specifically appropriated for such
     purpose.
                                                                                incorporate new and edited policy guidelines to Chapter 18,
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO                                End-of-Course Tests (EOCT) and Chapter 20, LEAP
     DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL                               Alternate Assessment, Level 2 (LAA 2) statewide
     GROUPS (Summary)                                                           assessment programs. New policy language updates, double
          Entities seeking certification must pay an application fee of         jeopardy rules, first cohort, rescores, EOCT administrative
     $300, and a renewal fee of $175 (certifications are valid for two          rules, EOCT retest administration, and EOCT transfer rules
     years). The entities currently expressing an interest in                   are being added to Chapter 18, End-Of-Course Tests
     certification believe they will receive an economic benefit by             (EOCT). New policy language, updates, double jeopardy
     thereby enhancing their perceived status with potential                    rules, rescore requests, administration rules, retest
     contributors. Certified entities would also benefit if in the
     future grants and loans were made, and donors to certified
                                                                                administration rules, transfer student rules, and student
     entities would benefit if in the future tax credits were certified.        membership rules are being added to Chapter 20, LEAP
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT                              Alternate Assessment Level 2 (LAA 2). The new policy
     (Summary)                                                                  language aligns LAA 2 and EOCT with the guidelines of the
          Certification, and tax credits if certified in the future, may        statewide assessments, Graduation Exit Examination (GEE),
     enhance the ability of certified entities to attract contributions         and Louisiana Educational Assessment Program (LEAP).
                                                                           81                 Louisiana Register Vol. 36, No. 1 January 20, 2010
Policy language was also edited in chapters 3, 7, 11, 13, 33,              Name of Assessment            Assessment          Administered
and 35 to update statewide assessment information.                         Program                       Population
                            Title 28                                                                                       Spring 1989–Spring
                                                                           Louisiana Educational                           1998
                         EDUCATION                                         Assessment Program                              (no longer
              Part CXI. Bulletin 118 Statewide                             (LEAP)                    Grades 3, 5, and 7    administered)
            Assessment Standards and Practices                                                                             Spring 1989–
Chapter 3.        Test Security                                                                                            Spring 2003 (state
                                                                                                                           administered)
§312. Administrative Error                                                 Graduation Exit                                 Fall 2003–
   A. - F. …                                                               Examination                                     (district
   G. Administrative errors that result from failure to                    (―old‖ GEE)              Grades 10 and 11       administered)
transfer answers from a test booklet onto an answer                        Louisiana Educational
                                                                           Assessment Program
document require the following steps:                                      (LEAP)
     1. the LEA superintendent will place a request on                     (ELA and Mathematics)    Grades 4 and 8         Spring 1999–
behalf of individual students, which request must include a                LEAP
description of the administrative error and a corrective plan              (Science and Social
of action, to the state superintendent of education to have the            Studies)                 Grades 4 and 8         Spring 2000–
                                                                           Graduation Exit
testing vendor send to the district the student’s test booklet             Examination (GEE)
and a new answer document;                                                 (ELA and Mathematics)    Grade 10               Spring 2001–
     2. the DTC and STC will transfer only the answers not                 GEE
initially transferred from the test booklet onto the new                   (Science and Social
                                                                           Studies)                 Grade 11               Spring 2002–
answer document; and
                                                                           End-Of-Course Tests
     3. the DTC will return all testing materials to the                   (EOCT)                   Algebra I              Fall 2007–
vendor, who will assess the LEA a fee for the service.                     EOCT                     Algebra I              Spring 2008–
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      EOCT                     English II             Fall 2008–
17:24 et seq.                                                              EOCT                     English II             Spring 2009–
  HISTORICAL NOTE: Promulgated by the Department of                        EOCT                     Geometry               Fall 2009–
Education, Board of Elementary and Secondary Education, LR                 EOCT                     Geometry               Spring 2010–
31:1532 (July 2005), amended LR 32:234 (February 2006), LR                 Integrated NRT/CRT
33:258 (February 2007), LR 33:218 (February 2007), LR 36:                  Integrated Louisiana
Chapter 7.     Assessment Program Overview                                 Educational Assessment   Grades 3, 5, 6, 7,
                                                                           Program (iLEAP)          and 9                  Spring 2006–
§701. Overview of Assessment Programs in Louisiana                         Special Population Assessments
  A. Norm-Referenced and Criterion-Referenced Testing                                               Students with
Programs Since 1986                                                                                 Individualized
                                                                                                    Education
                                                                                                    Programs (IEPs)
 Name of Assessment         Assessment             Administered                                     who meet
 Program                    Population                                     Louisiana Alternate      participation
 Kindergarten Screening                                                    Assessment, Level 1      criteria in Grades
 Kindergarten                                                              (LAA 1)                  3–11.                  Spring 2000–2007
 Developmental                                                                                      ELA and
 Readiness Screening                                                                                Mathematics (grade
 Program (KDRSP)         Kindergarten            Fall 1987–                                         spans 3—4; 5—6;
 Norm-Referenced Tests (NRTs)                                                                       7—8; 9—10);
                                                 Spring 1988–Spring                                 Science (grades 4,     Revised Spring
                                                 1992                      LAA 1                    8, and 11)             2008–
 California Achievement                          (no longer                Louisiana Alternate
 Test (CAT/F)              Grades 4, 6, and 9    administered)             Assessment, Level 2
                                                 Spring 1993–Spring        (LAA 2)
                                                 1997                      ELA and Mathematics
                                                 Spring 1997 only          (Grades 4, 8, and 10)
 California Achievement    Grades 4 and 6        (no longer                Science and Social       Grades 4, 8, 10, and
 Test (CAT/5)              Grade 8               administered)             Studies (Grade 11)       11                     Spring 2006–
 Iowa Tests of Basic                                                       LAA 2                    Grades 5, 6, 7, and
 Skills (ITBS) (form L)                                                    ELA and Mathematics      9                      Spring 2007–
 and Iowa Tests of                                                         LAA 2
 Educational                                     Spring 1998               Science and Social
 Development (ITED)        Grades 4, 6, 8, 9,    (no longer                Studies                  Grades 4 and 8         Spring 2008–
 (form M)                  10, and 11            administered)                                      Students with
                                                 Spring 1999–Spring                                 Individualized
                           Grades 3, 5, 6, and   2002                                               Education
 ITBS                      7                     (no longer                                         Programs (IEPs)        Spring 1999–Spring
 ITED (form M)             Grade 9               administered)             Louisiana Alternate      who met eligibility    2003
                                                 Spring 2003–Spring        Assessment-B (LAA-B)     criteria in Grades     (no longer
 ITBS                     Grades 3, 5, 6, and    2005                      [―out-of-level‖ test]    3–11.                  administered)
 ITED                     7                      (no longer                                         Limited English
 (form B)                 Grade 9                administered)             English Language         Proficient (LEP)
 Criterion-Referenced Tests (CRTs)                                         Development              students in Grades
 National Assessment of                                                    Assessment (ELDA)        K–12                   Spring 2005–
 Educational Progress
 (NAEP)                   Grades 4, 8, and 12    Spring 1990–

Louisiana Register Vol. 36, No. 1 January 20, 2010                    82
  B. …                                                                                                           Approaching Basic
  AUTHORITY NOTE: Promulgated in accordance with R.S.                              Students scoring at this level generally exhibit the following skills.
17:24.4.                                                                            In the areas of reading and use of resources, students:
  HISTORICAL NOTE: Promulgated by the Department of                                      1. demonstrate partial understanding of what they read;
Education, Board of Elementary and Secondary Education, LR                               2. make limited connections between texts and their own personal
                                                                                               experiences;
31:1534 (July 2005), amended LR 32:235 (February 2006), LR                               3. identify obvious meanings in texts and make limited or simple
34:66 (January 2008), LR 34:1352 (July 2008), LR 35:218                                        inference; and
(February 2009), LR 36:                                                                  4. research topics by locating information in commonly used
Chapter 11.   Louisiana Educational Assessment                                                 resources.
              Program                                                               In the area of writing, students:
                                                                                         1. demonstrate a limited response to a writing task;
Subchapter C. LEAP Achievement Level Descriptors                                         2. develop responses with vague or weak central ideas, weak
§1127. Grade 4 Achievement Level Descriptors                                                   organization, and few or limited details;
  A. Grade 4 English Language Arts Achievement Level                                     3. demonstrate limited audience awareness through use of simple
Descriptors                                                                                    or inappropriate vocabulary, simple sentences, and little to no
                                                                                               evidence of personal style or voice; and
                                                                                         4. demonstrate inconsistent or little command of spelling,
                                   Advanced                                                    grammar, capitalization, and punctuation.
Students scoring at this level generally exhibit the following skills.                                             Unsatisfactory
 In the areas of reading and use of resources, students:                           Students scoring at this level generally have not demonstrated the
      1. understand what they read, make generalizations, and extend               fundamental knowledge and skills needed for the next level of schooling.
            meanings by integrating personal experiences and other reading          In the areas of reading and use of resources, students at this level have not
            experiences;                                                            exhibited the ability to:
      2. explain the author’s intent and purpose;                                        1. demonstrate an understanding of overall meaning of what they
      3. identify literary devices such as figurative language; and                            read;
      4. research topics by selecting and evaluating information in a                    2. make connections between information in texts and their own
            variety of sources.                                                                experiences;
 In the area of writing, students:                                                       3. identify obvious meaning in texts; or
      1. express analytical, critical, and/or creative thinking in response              4. locate information in commonly used resources.
            to a writing task;                                                      In the area of writing, students at this level have not exhibited the ability
      2     develop responses with sharply focused central ideas, cohesive          to:
            organization, and thorough elaboration;                                      1. develop an appropriate response to a writing task;
      3. demonstrate awareness of the intended audience through use of                   2. focus on a central idea and demonstrate observable organization
            creative language and sentence structure and strong personal                       and supporting details;
            style or voice; and                                                          3. demonstrate audience awareness through use of appropriate
      4. demonstrate consistent command of spelling, grammar,                                  vocabulary and sentence structure and personal style or voice; or
            punctuation, and capitalization.                                             4. demonstrate acceptable command of spelling, grammar,
                                    Mastery                                                    capitalization, and punctuation.
Students scoring at this level generally exhibit the following skills.
 In the areas of reading and use of resources, students:
      1. demonstrate overall understanding of what they read;                         B. Grade 4 Mathematics Achievement Level Descriptors
      2. extend ideas in texts by making connections to their own
            experiences, making inferences, and drawing conclusions;                                                 Advanced
      3. identify an author’s intent and purpose; and                              Students scoring at this level generally exhibit the ability to:
      4. research topics by selecting and evaluating information in a                   1. solve complex and non-routine real-world problems in all the
            variety of sources.                                                               Louisiana mathematics content strands;
 In the area of writing, students:                                                      2. display mastery in the use of four-function calculators, rulers,
      1. express analytical, critical, and/or creative thinking in response                   and geometric shapes;
            to a writing task;                                                          3. draw logical conclusions and justify answers and solution
      2. develop a response with a focused central idea through use of                        processes by explaining the procedures and the rationale for
            logical organization and sufficient elaboration;                                  using them;
      3. demonstrate an awareness of the intended audience through use                  4. go beyond the obvious in their interpretations; and
            of appropriate language and sentence structure and personal                 5. communicate their thoughts clearly and concisely.
            style or voice; and
      4. demonstrate reasonable command of spelling, grammar,                                                          Mastery
            punctuation, and capitalization.                                       Students scoring at this level generally exhibit the ability to:
                                      Basic                                             1. use whole numbers to estimate, compute, and determine whether
Students scoring at this level generally exhibit the following skills.                        results are reasonable;
 In the areas of reading and use of resources, students:                                2. conceptually understand fractions, decimals, and percents and
      1. demonstrate some understanding of what they read;                                    their relationships;
      2. make obvious connections between information and their                         3. solve real-world problems in all the Louisiana mathematics
            personal experiences;                                                             content strands;
      3. extend ideas in the text by making simple inferences; and                      4. accurately use four-function calculators, rulers, and geometric
      4. research topics by locating information in a variety of sources.                     shapes appropriately;
 In the area of writing, students:                                                      5. employ problem-solving strategies such as identifying and using
      1. express some critical or creative thinking in response to a                          appropriate information; and
            writing task;                                                               6. organize and present written solutions with both supporting
      2. develop responses with central ideas supported with some                             information and explanations of how they were achieved.
            organization and elaborated with a few supporting details;
      3. demonstrate audience awareness through use of general
            vocabulary, some sentence variety, and some evidence of
            personal style or voice; and
      4. make errors in spelling, grammar, punctuation, and
            capitalization that interfere with communication to the reader.



                                                                              83                    Louisiana Register Vol. 36, No. 1 January 20, 2010
                                     Basic                                                                           Mastery
Students scoring at this level generally exhibit the ability to:                  Students scoring at this level generally exhibit the ability to:
      1. estimate and use basic facts to perform simple computations                    1. design and carry out scientific investigations using appropriate
            with whole numbers;                                                               methods, tools, technology, and techniques;
      2. show some understanding of fractions, decimals, and percents                   2. formulate appropriate questions demonstrating broad base of
            and their relationships;                                                          scientific knowledge;
      3. solve some simple real-world problems in all the Louisiana                     3. identify relationships based on data and apply to new situations;
            mathematics content strands;                                                4. organize data in a graphic form, draw conclusions, justify
      4. use—with some degree of accuracy—four-function calculators,                          conclusions, and make predictions based on data;
            rulers, and geometric shapes; and                                           5. explain and connect concepts about properties of
      5. provide written responses that are often minimal and presented                       objects/materials, position/motion of objects, and formation of
            without supporting information.                                                   energy;
                              Approaching Basic                                         6. explain and connect concepts about characteristics, life cycles,
Students scoring at this level generally exhibit the ability to:                              and environments of organisms;
      1. use basic facts to perform simple computations with whole                      7. explain and connect concepts about properties of Earth
            numbers;                                                                          materials, weather, and objects in the night sky; and
      2. recognize fractions, decimals, and percents;                                   8. explain and connect concepts about the interrelationships among
      3. exhibit difficulty applying conceptual knowledge in solving real-                    the human, biological, chemical, and physical aspects of the
            world problems;                                                                   environment.
      4. use—with some degree of accuracy—four-function calculators,                                                   Basic
            rulers, and geometric shapes; and                                     Students scoring at this level generally exhibit the ability to:
      5. provide, at best, only minimal written responses.                              1. perform simple scientific tasks when given clear, sequential
                                Unsatisfactory                                                directions;
Students scoring at this level have not demonstrated the fundamental                    2. recognize questions that are appropriate to investigation;
knowledge and skills needed for the next level of schooling. Students                   3. organize and present data in a graphic form and draw
scoring at this level generally have not exhibited the ability to:                            conclusions based on data;
      1. use basic facts to perform simple computations with whole                      4. demonstrate basic knowledge/understanding of properties of
            numbers;                                                                          objects, motion of objects, and forms of energy as they apply to
      2. recognize fractions, decimals, and percents;                                         their everyday life;
      3. apply conceptual knowledge in solving real-world problems;                     5. demonstrate basic knowledge/understanding of characteristics,
      4. use—with some degree of accuracy—four-function calculators,                          life cycles, and environments of organisms and relationships;
            rulers, and geometric shapes; and                                           6. demonstrate knowledge/understanding of basic concepts of
      5. provide relevant written responses.                                                  properties of Earth materials, weather, and objects in the night
                                                                                              sky; and
                                                                                        7. demonstrate knowledge/understanding of basic components of
  C. Grade 4 Science Achievement Level Descriptors                                            an ecosystem and recognize how change impacts the system.
                                                                                                                Approaching Basic
                                                                                  Students scoring at this level generally exhibit the ability to:
                                  Advanced
                                                                                        1. perform portions of simple scientific tasks when given clear,
Students scoring at this level generally exhibit the ability to:
                                                                                              sequential directions;
     1. design and carry out scientific investigations by selecting and
                                                                                        2. read/interpret some data in a graphic form;
           using appropriate tools, technology, and techniques/methods;
                                                                                        3. respond to simple directed questions;
     2. formulate appropriate questions that demonstrate critical
                                                                                        4. exhibit partial understanding of properties of objects, motion of
           thinking and a broad base of scientific knowledge;
                                                                                              objects, and forms of energy as they apply to their everyday life;
     3. interpret relationships and make inferences based on data and
                                                                                        5. exhibit partial understanding of characteristics, life cycles, and
           apply to new situations;
                                                                                              environments of organisms and relationships;
     4. organize data in graphic form, evaluate validity of data, and
                                                                                        6. exhibit partial understanding of basic concepts of properties of
           draw/justify conclusions based on data;
                                                                                              Earth materials, weather, and objects in the night sky; and
     5. develop, elaborate, and modify predictions, models, and
                                                                                        7. exhibit partial understanding of basic components of ecosystems
           explanations;
                                                                                              and recognize how change impacts systems.
     6. use/apply concepts about properties of objects/materials,
                                                                                                                    Unsatisfactory
           position/motion of objects, and forms of energy to new
           ideas/situations;                                                      Students scoring at this level have not demonstrated the fundamental
     7. use/apply concepts about characteristics, life cycles, and                knowledge and skills needed for the next level of schooling. Students
           environments of organisms to recognize, and analyze observed           scoring at this level generally have not exhibited the ability to:
           phenomena;                                                                   1. perform portions of simple scientific tasks when given clear,
     8. use/apply concepts about properties of Earth materials, weather,                      sequential directions;
           and objects in the night sky to predict/justify patterns and                 2. read/interpret some data in a graphic form;
           relationships; and                                                           3. respond to simple directed questions;
     9. use/apply concepts about interrelationships among the human,                    4. exhibit partial understanding of properties of objects, motion of
           biological, chemical, and physical aspects of the environment.                     objects, and forms of energy as they apply to their everyday life;
                                                                                        5. exhibit partial understanding of characteristics, life cycles, and
                                                                                              environments of organisms and relationships;
                                                                                        6. exhibit partial understanding of basic concepts of properties of
                                                                                              Earth materials, weather, and objects in the night sky; and
                                                                                        7. exhibit partial understanding of basic components of ecosystems
                                                                                              and recognize how change impacts systems.




Louisiana Register Vol. 36, No. 1 January 20, 2010                           84
 D. Grade           4    Social      Studies      Achievement         Level                2.     demonstrate an understanding of the concepts of historical
Descriptors                                                                                       perspective and time;
                                                                                            3. distinguish between primary and secondary historical sources;
                                                                                                  and
                                  Advanced                                                  4. describe some scientific and technological advancements.
Students scoring at this level generally exhibit the ability to:                                                     Approaching Basic
 Geography:                                                                           Students scoring at this level generally exhibit the ability to:
     1. interpret major geographic features on maps and globes;                        Geography:
     2. classify geographic vocabulary;                                                     1. identify major geographic features on maps and globes;
     3. analyze the connection between people;                                              2. select words that define geographic vocabulary;
     4. compare geographical data;                                                          3. explain the connection between people, places, man, and the
     5. compare the world in spatial terms; and                                                   environment;
     6. compare processes that shape Earth.                                                 4. identify geographical data;
 Civics:                                                                                    5. identify the world in spatial terms; and
     1. evaluate the structure and purpose of government; and                               6. identify processes that shape Earth.
     2. interpret rights as stated in the U.S. Constitution.                           Civics:
 Economics:                                                                                 1. recognize that the United States has a government that is divided
     1. evaluate the economic factors involved in a choice or a decision;                         into branches; and
           and                                                                              2. state that citizens have rights and responsibilities.
     2. analyze decisions made by individuals, households, businesses,                 Economics:
           and governments and their economic outcomes.                                     1. identify some fundamental economic concepts and terms.
 History:                                                                              History:
     1. express the significance of key historical people, events, and                      1. recognize a few of the most important people, events, and
           documents;                                                                             documents in American history;
     2. use an understanding of historical perspective, time, and                           2. demonstrate a limited understanding of the concepts of historical
           chronology to analyze past and current events;                                         perspective and time; and
     3. interpret both primary and secondary sources; and                                   3. identify some important scientific and technological
     4. evaluate the social and economic impact of major scientific and                           advancements.
           technological advancements.                                                                                Unsatisfactory
                                    Mastery                                           Students scoring at this level have not demonstrated the fundamental
Students scoring at this level generally exhibit the ability to                       knowledge and skills needed for the next level of schooling. Students
 Geography:                                                                           scoring at this level generally have not exhibited the ability to:
     1. analyze and compare major geographic features on maps and                      Geography:
           globes;                                                                          1. identify major geographic features on maps and globes;
     2. compare the connection between people and the environment;                          2. select words that define geographic vocabulary;
     3. classify geographical data;                                                         3. explain the connection between people, places, man, and the
     4. describe the world in spatial terms; and                                                  environment;
     5. describe processes that shape Earth.                                                4. identify geographical data;
 Civics:                                                                                    5. identify the world in spatial terms; and
     1. explain the branches and responsibilities of government; and                        6. identify processes that shape Earth.
     2. explain rights and responsibilities of citizens as stated in the U.S.          Civics:
           Constitution.                                                                    1. recognize that the United States has a government that is divided
 Economics:                                                                                       into branches; and
     1. apply economic concepts;                                                            2. state that citizens have rights and responsibilities.
     2. explain how individuals, households, businesses, and                           Economics:
           governments are dependent on each other; and                                     1. identify some fundamental economic concepts and terms.
     3. demonstrate an understanding of the economic outcomes of                       History:
           decisions made by individuals, households, businesses, and                       1. recognize a few of the most important people, events, and
           governments.                                                                           documents in American history;
 History:                                                                                   2. demonstrate a limited understanding of the concepts of historical
     1. identify and describe key historical people, events, and                                  perspective and time; and
           documents;                                                                       3. identify some important scientific and technological
     2. apply an understanding of historical perspective, time, and                               advancements.
           chronology;
     3. interpret primary and secondary sources; and                                    AUTHORITY NOTE: Promulgated in accordance with R.S.
     4. explain the importance of major scientific and technological
           advancements.
                                                                                      17:391.4(A).
                                    Basic                                               HISTORICAL NOTE: Promulgated by the Department of
Students scoring at this level generally exhibit the ability to:                      Education, State Board of Elementary and Secondary Education,
 Geography:                                                                           LR 31:1536 (July 2005), amended LR 36:
     1. recognize major geographic features on maps and globes;                       §1129. Grade 8 Achievement Level Descriptors
     2. define geographic vocabulary;                                                   A. Grade 8 English Language Arts Achievement Level
     3. describe the connection between people and the environment;
     4. interpret geographical data;
                                                                                      Descriptors
     5. define the world in spatial terms; and
     6. define processes that shape Earth.                                                                               Advanced
 Civics:                                                                              Students scoring at this level generally exhibit the following skills:
     1. identify branches and major responsibilities of government; and                In the areas of reading and use of resources, students:
     2. list the rights and responsibilities of citizens as stated in the Bill              1. describe the more abstract themes and ideas of what they read
           of Rights.                                                                             from various genres;
 Economics:                                                                                 2. analyze both meaning of texts and author’s purpose and support
     1. identify fundamental economic concepts and terms; and                                     their analyses with examples;
     2. recognize that the decisions made by individuals, households,                       3. extend text information by relating it to their personal
           businesses, and governments result in economic outcomes.                               experiences and to world events; and
 History:                                                                                   4. research topics by selecting and evaluating information from a
     1. identify and describe some important people, events, and                                  variety of sources.
           documents in American history;                                              In the area of writing, students:

                                                                                 85                   Louisiana Register Vol. 36, No. 1 January 20, 2010
     1.     develop compositions that reflect analytical, critical, and/or             In the area of writing, students at this level have not exhibited the ability
            creative thinking in response to a writing task;                           to:
      2. develop sharply focused central ideas through use of cohesive                      1. respond appropriately to a writing task;
            organization and thorough elaboration;                                          2. demonstrate a central idea with observable organization or
      3. demonstrate audience awareness through use of varied word                               supporting details;
            choice and sentence structures and a personal style or voice that               3. show audience awareness through the use of appropriate grade-
            employs a wide range of strategies (e.g., analogies, anecdotes,                      level vocabulary and sentence structure; or
            figurative language); and                                                       4. demonstrate acceptable command of spelling, grammar,
      4. demonstrate consistent command of spelling, grammar,                                    capitalization, and punctuation.
            punctuation, and capitalization.
                                     Mastery
Students scoring at this level generally exhibit the following skills.
                                                                                        B. Grade 8 Mathematics Achievement Level Descriptors
 In the areas of reading and use of resources, students:
      1. show an overall understanding of what they read, including                                                      Advanced
            inferential and literal information;                                      Students scoring at this level generally exhibit the ability to:
      2. analyze an author’s purpose and some devices authors use in                       1. probe examples and counterexamples in order to shape
            composing texts;                                                                    generalizations from which they can develop models,
      3. extend ideas by inferring, drawing conclusions, and making                        2. use number sense and geometric awareness to consider the
            connections to their personal experiences; and                                      reasonableness of an answer,
      4. research topics by selecting and analyzing information from                       3. use abstract thinking to create unique and/or alternative problem-
            various sources.                                                                    solving techniques, and
 In the area of writing, students:                                                         4. explain the reasoning processes underlying their conclusions.
      1. express analytical, critical and/or creative thinking in response to                                              Mastery
            a writing task;                                                           Students scoring at this level generally exhibit the ability to:
      2. develop focused central ideas through use of logical organization                 1. logically create and defend their ideas, as well as give supporting
            and elaboration that enhances the main idea;                                          examples;
      3. demonstrate audience awareness through the use of varied word                     2. understand the connections between fractions, percents,
            choice and sentence structure and a personal style or voice that                      decimals, and other mathematical topics such as algebra and
            incorporates some strategies (e.g., illustrations, examples,                          functions;
            figurative language); and                                                      3. thoroughly understand basic-level arithmetic operations in order
      4. demonstrate reasonable command of spelling, grammar,                                     to problem solve in practical situations;
            punctuation, and capitalization.                                               4. use quantity and spatial relationships in problem solving and
                                       Basic                                                      reasoning;
Students scoring at this level generally exhibit the following skills.                     5. convey underlying reasoning skills beyond the level of
 In the areas of reading and use of resources, students:                                          arithmetic;
      1. demonstrate a literal understanding of what they read, including                  6. compare and contrast mathematical ideas and generate their own
            specific aspects that reflect the overall meaning;                                    examples;
      2. identify an author’s purpose for composing a text;                                7. apply properties of informal geometry;
      3. extend the ideas in texts by making simple inferences; recognize                  8. accurately use the tools of technology; and
            and relate connections among ideas in texts by drawing                         9. understand the process of gathering and organizing data and be
            conclusions; and                                                                      able to make inferences, calculate, evaluate, and communicate
      4. research topics by selecting and using information from various                          results within the domain of statistics and probability.
            sources.                                                                                                         Basic
 In the area of writing, students:                                                    Students scoring at this level generally exhibit the ability to:
      1. demonstrate an appropriate response to a writing task;                            1. complete problems correctly with the help of prompts such as
      2. develop central ideas with a consistent focus, appropriate                               diagrams, charts, and graphs;
            organization, and some supportive details;                                     2. solve routine, real-world problems through the appropriate
      3. demonstrate audience awareness through use of appropriate but                            selection and use of strategies and technological tools—
            general language and some sentence variety; and                                       including calculators and geometric shapes;
      4. make some errors in spelling, grammar, punctuation, and                           3. use fundamental algebraic and informal geometric concepts in
            capitalization that interfere with communication to the reader.                       problem solving;
                              Approaching Basic                                            4. determine which of available data are necessary and sufficient
Students scoring at this level generally exhibit the following skills.                            for correct solutions and use them in problem solving; and
 In the areas of reading and use of resources, students:                                   5. show limited skill in communicating mathematically.
      1. demonstrate a partial understanding of what they read;                                                     Approaching Basic
      2. make a few interpretations and extensions of ideas in text;                  Students scoring at this level generally exhibit the ability to:
      3. make limited connections between texts and their personal                         1. complete problems correctly with the help of prompts such as
            experiences; and                                                                      diagrams, charts and graphs;
      4. research topics by locating some information from commonly                        2. solve one-step problems involving basic computation (+, –, x, ÷)
            used sources.                                                                         and follow procedural steps with instructional assistance;
 In the area of writing, students:                                                         3. recognize basic geometric figures;
      1. demonstrate a limited response to a writing task;                                 4. recognize simple, obvious patterns;
      2. develop central ideas that are vague with some evidence of                        5. use the tools of technology;
            organization but few or inappropriate supporting details;                      6. apply conceptual knowledge inconsistently; and
      3. demonstrate limited awareness of audience through use of                          7. demonstrate difficulty in transferring knowledge and skills to
            simple or inappropriate vocabulary and simple sentences; and                          problem-solving situations.
      4. demonstrate inconsistent or little command of spelling,                                                      Unsatisfactory
            grammar, capitalization, and punctuation.
                                                                                      Students scoring at this level generally have not demonstrated the
                                 Unsatisfactory                                       fundamental knowledge and skills needed for the next level of schooling.
Students scoring at this level generally have not demonstrated the                     Students scoring at this level generally have not exhibited the ability to:
fundamental knowledge and skills needed for the next level of schooling.                   1. complete problems correctly with the help of prompts such as
 In the areas of reading and use of resources, students at this level have not                    diagrams, charts, and graphs;
 exhibited the ability to:                                                                 2. solve one-step problems involving basic computation (+, –, x, ÷)
      1. demonstrate an understanding of what they read;                                          and follow procedural steps with instructional assistance;
      2. make interpretations and extensions of ideas in texts;                            3. recognize basic geometric figures;
      3. make connections from texts to personal experiences; or                           4. recognize simple, obvious patterns;
      4. locate information in commonly used resources.                                    5. use the tools of technology;
Louisiana Register Vol. 36, No. 1 January 20, 2010                               86
     6.    apply conceptual knowledge on a limited basis; and                           D. Grade          8    Social     Studies      Achievement         Level
     7.    transfer knowledge and skills to problem-solving situations.                Descriptors

   C. Grade 8 Science Achievement Level Descriptors                                                                      Advanced
                                                                                       Students scoring at this level generally exhibit the ability to
                                   Advanced                                            Geography:
                                                                                            1. apply extensive geographic knowledge, analytical concepts, and
Students scoring at this level generally exhibit the ability to:
                                                                                                  vocabulary;
      1. use abstract concepts/theories to explain everyday situations,
                                                                                            2. analyze a variety of maps with a variety of scales and show the
      2. describe many elements of a system and explain the limits of a
                                                                                                  relationship between them;
            particular example,
                                                                                            3. use case studies for spatial analysis to develop maps and other
      3. design complex models, and
                                                                                                  graphics;
      4. demonstrate an understanding of the nature and limits of science
                                                                                            4. differentiate between patterns of climate, vegetation, and
            and understand that science is subject to change.
                                                                                                  population across Earth’s surface and explain how regions
When given a problem, students at this level can design a simple
                                                                                                  change over time; and
investigation by:
                                                                                            5. profile regions by using geographical concepts, tools, and skills.
      1. asking appropriate questions and identifying those questions that
                                                                                       Civics:
            are testable and not testable;
                                                                                            1. evaluate the importance of rules and laws, political parties,
      2. manipulating variables;
                                                                                                  campaigns, and elections in the American political systems;
      3. using mathematics and appropriate tools to gather, analyze, and
                                                                                            2. weigh the impact of American ideas and actions on the world;
            interpret data;
                                                                                                  and
      4. relating several variables to explain phenomena; and
                                                                                            3. compare and contrast positions relating to the rights of citizens.
      5. developing descriptions, explanations, and appropriate displays
                                                                                       Economics:
            to communicate and defend data.
                                                                                            1. apply fundamental economic concepts,
                                     Mastery                                                2. analyze the role of governmental policies in competitive
Students scoring at this level generally exhibit the ability to:                                  markets, and
      1. understand complex concepts/theories and communicate them,                         3. examine the reasons for worldwide interdependence based on
      2. demonstrate an understanding of elements of the system,                                  historical and economic factors.
      3. demonstrate understanding of models and diagrams, and                         History:
      4. recognize various limits of science and its changes.                               1. evaluate historical patterns as they relate to specific events,
When given a problem, students at this level can:                                           2. make generalizations about historical topics using a variety of
      1. use a simple investigation, design an experiment, and link ideas                         sources, and
            while collecting data;                                                          3. develop an awareness of the political, social, and economic
      2. use mathematics and appropriate tools to design methods of                               themes in history.
            display for data; and
                                                                                                                          Mastery
      3. draw conclusions from data.
                                                                                       Students scoring at this level generally exhibit the ability to:
                                      Basic                                             Geography:
Students scoring at this level generally exhibit the ability to:                            1. analyze a wide variety of physical and cultural features;
      1. possess a fundamental knowledge of some theories and                               2. apply a fundamental geographic vocabulary;
            concepts;                                                                       3. compare information presented in different scales;
      2. identify elements of a system and state one limiting factor when                   4. use geographic tools to translate information into patterns;
            given a particular example;                                                     5. evaluate how human activity affects the environment;
      3. identify a simple model;                                                           6. interpret various patterns of trade and migration; and
      4. begin to understand the nature of science; and                                     7. solve location questions by integrating two or more sources.
      5. show an awareness that science is subject to change.                           Civics:
When given a problem, students at this level can:                                           1. compare and contrast the relationship between state and federal
      1. design a simple investigation by asking appropriate questions;                           constitutions;
      2. identify the important variables and select appropriate tools to                   2. analyze the ways in which political and social conflict can be
            gather data; and                                                                      peacefully resolved;
      3. interpret basic data and communicate a conclusion.                                 3. interpret the impact of U.S. foreign policy on the world; and
                              Approaching Basic                                             4. analyze ways in which citizens help to shape politics and
Students scoring at this level generally exhibit the ability to:                                  government at various levels.
      1. identify related elements of a system;                                         Economics:
      2. identify elements of a simple model; and                                           1. apply fundamental economic concepts;
      3. show some awareness that science is developing and changing.                       2. apply the meaning of economic indicators and their role in
When given an investigation, students at this level can:                                          economics;
      1. answer specific scientific questions;                                              3. analyze various economic systems and their historical impact;
      2. identify at least one variable in an experiment; and                                     and
      3. seek and identify basic scientific data and communicate it.                        4. evaluate the opportunity cost of economic decisions.
                                  Unsatisfactory                                        History:
Students scoring at this level have not demonstrated the fundamental                        1. recognize historical connections between people and events;
knowledge and skills needed for the next level of schooling. Students                       2. distinguish between primary and secondary sources;
scoring at this level generally have not exhibited the ability to:                          3. incorporate geographic, technological, and other reference
      1. identify related elements of a system;                                                   material; and
      2. identify elements of a simple model; and                                           4. communicate ideas about historical themes with supporting
      3. show some awareness that science is developing and changing.                             evidence.
When given an investigation, students at this level did not exhibit the ability
to
      1. answer specific scientific questions;
      2. identify at least one variable in an experiment; and
      3. seek and identify basic scientific data and communicate it.




                                                                                  87                   Louisiana Register Vol. 36, No. 1 January 20, 2010
                                       Basic                                       Economics:
Students scoring at this level generally exhibit the ability to:                       1. identify basic concepts and vocabulary terms related to
 Geography:                                                                                 economics; and
      1. utilize vocabulary of geographic concepts relating to patterns,               2. discuss how supply and demand affects the price of goods and
            relationships, distance, direction, and location;                               services.
      2. use latitude and longitude to locate places;                              History:
      3. identify continents, oceans, or selected countries and cities;                1. identify historical people and places;
      4. explain the differences between maps/globes, read map scales                  2. develop an awareness of diverse cultures in America;
            and use an atlas/almanac;                                                  3. name a variety of historical events; and
      5. illustrate relationships that exist between the physical                      4. recognize the fundamental political ideas and institutions of
            environment and human activity;                                                 American life.
      6. identify the distinguishing characteristics of a region; and
      7. describe the movement of people, goods, services, and ideas.
 Civics:
                                                                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
      1. explain the major purposes of government;                                 17:391.4 (A).
      2. identify and explain the importance of basic principles of                  HISTORICAL NOTE: Promulgated by the Department of
            American constitutional democracy;                                     Education, Board of Elementary and Secondary Education, LR
      3. describe major foreign policy of the U.S.; and                            31:1540 (July 2005), amended LR 36:
      4. describe the requirements of citizenship and naturalization in the        Subchapter D. LEAP Assessment Structure
            U.S.
 Economics:
                                                                                   §1151. Retests and Rescores
      1. compare basic concepts related to economics;                                A. …
      2. explain the causes and consequences of economic decision                    B. Rescores
            making;                                                                     1. The district test coordinator must file a request with
      3. distinguish how specialization, skills, and knowledge affect the
            economic process;
                                                                                   the scoring contractor within 20 working days from the date
      4. compare various economic systems and their historical impacts;            the district receives the individual student scores. All
            and                                                                    requests must be made on or before the deadline date
      5. explain the role of supply and demand on production and                   identified by the testing contractor and the LDE. Requests
            distribution of goods and services.
 History:
                                                                                   received after the deadline will not be honored.
      1. identify and categorize people, places, events, and documents in               2. Only rescores of tests from the most recent
            historical context;                                                    administration may be requested.
      2. understand the impact of diverse cultures on American life;                    3. All requests for rescoring require a fee, which is
      3. explain the significance of major historical events; and
      4. explain the fundamental political ideas and institutions of
                                                                                   established by and paid to the scoring contractor.
            American life.                                                              4. Students may request a rescore at specified
                              Approaching Basic                                    achievement levels scaled score ranges and subject area of
Students scoring at this level generally exhibit the ability to                    LEAP tests if the following criterion are met, the rescore
 Geography:                                                                        will be expedited.
      1. obtain information from geographic models;
      2. draw a variety of maps;                                                          a. English Language Arts and Mathematics―grades
      3. memorize various geographic data; and                                     4 and 8. The test has a scaled score five points below the
      4. recognize that human activity is affected by the environment.             Basic or Approaching Basic achievement level.
 Civics:                                                                                  b. English Language Arts and Mathematics―Grade
      1. recognize types of government;
      2. identify the basic principles of American constitutional                  8. The test has a scaled score five points below the
            democracy;                                                             Approaching Basic achievement level.
      3. recognize a foreign policy issue; and                                       C. …
      4. list the rights and responsibilities of American citizens.                  AUTHORITY NOTE: Promulgated in accordance with R.S.
 Economics:                                                                        17:24.4.
      1. identify basic concepts and vocabulary terms related to
            economics; and
                                                                                     HISTORICAL NOTE: Promulgated by the Department of
      2. discuss how supply and demand affects the price of goods and              Education, Board of Elementary and Secondary Education, LR
            services.                                                              31:1547 (July 2005), amended LR 32:236 (February 2006).
 History:                                                                          Chapter 13. Graduation Exit Examination
      1. identify historical people and places;                                    Subchapter C. GEE Achievement Level Descriptors
      2. develop an awareness of diverse cultures in America;
      3. name a variety of historical events;
                                                                                   §1325. Grade 10 Achievement Level Descriptors
      4. recognize the fundamental political ideas and institutions of               A. Grade 10 English Language Arts Achievement Level
            American life.                                                         Descriptors
                                Unsatisfactory
Students scoring at this level have not demonstrated the fundamental
                                                                                                                     Advanced
knowledge and skills needed for the next level of schooling. Students
                                                                                   Students scoring at this level generally exhibit the following skills:
scoring at this level generally have not exhibited the ability to
                                                                                    In the areas of reading and use of resources, students:
 Geography:
                                                                                         1. demonstrate thorough understanding of what they read and
      1. obtain information from geographic models;
                                                                                               describe abstract themes and ideas;
      2. draw a variety of maps;
                                                                                         2. analyze texts for meaning and form and support their analyses
      3. memorize various geographic data; and
                                                                                               with specific examples;
      4. recognize that human activity is affected by the environment.
                                                                                         3. extend ideas in texts by relating their experiences and to the
 Civics:
                                                                                               world; and
      1. recognize types of government;
                                                                                         4. research topics by selecting and evaluating information from
      2. identify the basic principles of American constitutional
                                                                                               various sources.
            democracy;
                                                                                    In the area of writing, students
      3. recognize a foreign policy issue; and
                                                                                         1. express analytical, critical, and/or creative thinking in response
      4. list the rights and responsibilities of American citizens.
                                                                                               to a writing task;
                                                                                         2. develop effective responses that demonstrate sharply focused
Louisiana Register Vol. 36, No. 1 January 20, 2010                            88
            central ideas, cohesive organization, and elaboration with                     1.    express ideas in response to a writing task;
            illustrative, supporting details;                                              2.    develop a central idea with focus, observable organization, or
      3. demonstrate audience awareness through the use of rich                                  sufficient elaboration;
            vocabulary and a clear personal style or voice; and                            3.    show audience awareness through the use of appropriate
      4. demonstrate consistent command of spelling, grammar,                                    vocabulary and varied sentence structure; or
            punctuation, and capitalization.                                               4.    demonstrate acceptable command of spelling, grammar,
                                     Mastery                                                     capitalization, and punctuation.
Students scoring at this level generally exhibit the following skills:
 In the areas of reading and use of resources, students:
      1. demonstrate overall understanding of what they read including
                                                                                       B. Grade           10      Mathematics         Achievement           Level
            inferential and literal information;                                      Descriptors
      2. analyze an author’s use of literary devices;
      3. extend ideas in texts by making inferences, drawing conclusions,                                               Advanced
            and making clear connections to personal experiences and other            Students scoring at this level generally exhibit the ability to:
            readings; and                                                                  1. understand the function concept and are able to communicate
      4. research topics by selecting and analyzing information from                             and apply the numeric, algebraic, and graphical properties of
            various sources.                                                                     functions;
 In the area of writing, students:                                                         2. apply their knowledge of algebra, geometry, and statistics to
      1. express critical, analytical, and/or creative thinking in response                      solve problems in more advanced areas of continuous and
            to a writing task;                                                                   discrete mathematics;
      2. develop effective responses with focused central ideas, logical                   3. formulate generalizations and create models through probing
            organization, and convincing elaboration;                                            examples and counter examples; and
      3. demonstrate awareness of the intended audience through use of                     4. communicate their mathematical reasoning through the clear,
            varied word choice (vocabulary) and sentence structure; and                          concise, and correct use of mathematical symbolism and logical
      4. demonstrate reasonable command of spelling, grammar,                                    thinking.
            punctuation, and capitalization
                                                                                                                           Mastery
                                         Basic
                                                                                      Students scoring at this level generally exhibit the ability to:
Students scoring at this level generally exhibit the following skills:                     1. demonstrate an understanding of algebraic, statistical, geometric,
 In the areas of reading and use of resources, students:                                         and spatial reasoning;
      1. demonstrate overall understanding of what they read and make                      2. simplify algebraic expressions; justify geometric relationships;
            some interpretations;                                                                and judge and defend the reasonableness of answers as applied
      2. identify elements of texts and an author’s style;                                       to real-world situations;
      3. extend ideas in texts by making simple inferences and some,                       3. analyze and interpret data in various forms;
            connections to personal experiences; and                                       4. understand and use elements of the linear function concept in
      4. research topics by selecting and using information in various                           symbolic, graphical, and tabular form; and
            sources.                                                                       5. make conjectures, defend ideas, and give supporting examples.
 In the area of writing, students:
                                                                                                                           Basic
      1. demonstrate some evidence of critical, analytical, and/or creative
            thinking in response to a writing task;                                   Students scoring at this level generally exhibit the ability to:
      2. develop responses with central ideas, evidence of conscious                       1. use estimation to verify solutions and determine the
            organization, and some supporting details;                                           reasonableness of results as applied to routine real-world
      3. demonstrate audience awareness through a sense of personal                              problems;
            style or voice and some variety in vocabulary and sentence                     2. use algebraic and geometric reasoning strategies to solve
            structure; and                                                                       problems;
      4. make some errors in spelling, grammar, punctuation, and                           3. recognize relationships presented in verbal, algebraic, tabular,
            capitalization that interfere with communication to the reader.                      and graphical forms;
                                                                                           4. demonstrate knowledge of geometric relationships and
                                Approaching Basic
                                                                                                 corresponding measurement skills;
Students scoring at this level generally exhibit the following skills:                     5. apply statistical reasoning in the organization and display of data
 In the areas of reading and use of resources, students                                          and in reading tables and graphs;
      1. demonstrate a partial understanding of what they read;                            6. use correct mathematical language and symbols to communicate
      2. identify some elements of an author’s style;                                            mathematical relationships and reasoning processes; and
      3. make simple or broad connections between texts and their                          7     use calculators appropriately to solve problems.
            personal experiences; and
                                                                                                                   Approaching Basic
      4. research topics by locating information in commonly used
            sources.                                                                  Students scoring at this level generally exhibit the ability to:
 In the area of writing, students                                                          1. use estimation and measurement to verify solutions and
      1. demonstrate a limited responses to a writing task;                                      determine the reasonableness of results as applied to routine
      2. develop responses with unfocused central ideas, and minimal                             real-world problems;
            elaboration or supporting details;                                             2. show limited use of fundamental algebraic, geometric, and
      3. demonstrate limited audience awareness through use of weak                              statistical reasoning in problem solving;
            personal style or voice, simple or inappropriate vocabulary, and               3. interpret data presented in various forms;
            simple sentences; and                                                          4. show limited skills in communicating mathematically; and
      4. demonstrate inconsistent or little command of spelling,                           5. demonstrate limited application of conceptual knowledge.
            grammar, capitalization, and punctuation.                                                                 Unsatisfactory
                                 Unsatisfactory                                       Students scoring at this level have not demonstrated the fundamental
Students scoring at this level generally have not demonstrated the                    knowledge and skills needed for the next level of schooling.
fundamental knowledge and skills needed for the next level of schooling.               Students scoring at this level have generally have not exhibited the ability
 In the areas of reading and use of resources, students at this level have not        to:
exhibited the ability to:                                                                  1. use estimation and measurement to verify solutions and
      1. demonstrate an understanding of what they read;                                         determine the reasonableness of results as applied to routine
      2. identify simple elements of an author’s style;                                          real-world problems;
      3. make connections between ideas in texts and personal                              2. use fundamental algebraic, geometric, and statistical reasoning
            experiences; or                                                                      in problem solving;
      4. research topics by locating information in commonly used                          3. interpret data presented in various forms;
            sources.                                                                       4. communicate mathematically; and
 In the area of writing, students at this level have not exhibited the ability             5. apply conceptual knowledge.
to:

                                                                                 89                    Louisiana Register Vol. 36, No. 1 January 20, 2010
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                                                 Unsatisfactory
17:4 (A).                                                                             Students scoring at this level have not demonstrated the fundamental
  HISTORICAL NOTE: Promulgated by the Department of                                   knowledge and skills needed for the next level of schooling.
Education, Board of Elementary and Secondary Education, LR                            Students scoring at this level generally have not exhibited the ability to:
31:1548 (July 2005), amended LR 36:                                                        1. know and understand fundamental science facts and concepts
                                                                                                  concerning the world; and
§1327. Grade 11 Achievement Level Descriptors                                              2. conduct a simple experiment that includes making observations;
  A. Grade 11 Science Achievement Level Descriptors                                               forming a reasonable hypothesis; identifying variables;
                                                                                                  collecting, displaying, and interpreting data; and drawing
                                    Advanced                                                      conclusions.
Students scoring at this level generally exhibit the ability to                       These skills should be demonstrated through the science disciplines—
       1. have a qualitative and quantitative grasp of scientific principles,         physical, life, earth/space, and the environmental sciences.
             relating them to one another and to other phenomena, and being
             aware of their development and limitations;                               B. Grade          11    Social     Studies      Achievement        Level
       2. formulate scientific questions, compare experimental designs,
             and devise valid experiments to answer their questions;
                                                                                      Descriptors
       3. collect the relevant quantitative and qualitative data using
             appropriate instrumentation;                                                                               Advanced
       4. provide a scientifically valid interpretation of the data they              Students scoring at this level generally exhibit the ability to
             collect;                                                                  Geography:
       5. engage in self assessment, discard unnecessary data, and                         1. organize geographical data;
             recognize gaps in information;                                                2. analyze the physical structure of the planet; and
       6. locate needed information in primary or secondary sources; and                   3. evaluate the spatial relationship between humans and their
       7. communicate their ideas by interpolating, extrapolating, and                           environment.
             interpreting patterns of change in graphic and symbolic                   Civics:
             representations.                                                              1. compare and contrast structure and purpose of government;
With inquiry as the core, students at the Advanced level demonstrate an                    2. interpret and evaluate foundations of the American political
understanding that unifying concepts and processes can be applied                                system;
throughout the science disciplines—physical, life, earth/space, and the                    3. analyze international relationships; and
environmental sciences.                                                                    4. evaluate the roles of citizens.
                                     Mastery                                           Economics:
Students scoring at this level generally exhibit the ability to                            1. apply fundamental economic concepts;
       1. grasp scientific principles on both a qualitative and quantitative               2. evaluate decisions made by consumers; and
             basis,                                                                        3. evaluate U.S. fiscal and monetary policies.
       2. understand that scientific knowledge is tentative and subject to             History:
             change,                                                                       1. analyze continuity and change;
       3. identify more than one way to solve a given problem and select                   2. analyze the people, places, events, ideas, and documents;
             the method with the most promise,                                             3. evaluate relevant experiences from the past to critique
       4. manipulate data through various mathematical models,                                   understanding of contemporary issues; and
       5. integrate several abstract facts in order to understand                          4. evaluate the role of evidence in making an historical argument.
             overarching scientific principles, and                                                                      Mastery
       6. apply those principles to human activities.                                 Students scoring at this level generally exhibit the ability to
With inquiry as the core, students at the Mastery level will identify unifying         Geography:
concepts and processes among the science disciplines—physical, life,                       1. classify geographical data;
earth/space, and the environmental sciences.                                               2. examine the physical structure of the planet; and
                                       Basic                                               3. compare spatial relationships between humans and their
Students scoring at this level generally exhibit the ability to                                  environment.
       1. formulate valid hypotheses;                                                  Civics:
       2. design a simple experiment;                                                      1. examine the structure and purpose of government;
       3. draw appropriate conclusions;                                                    2. discuss the foundation of the American political system;
       4. develop inferences from experimentation and apply that                           3. interpret international relationships; and
             information to new situations;                                                4. examine the roles of citizens.
       5. distinguish scientific principles from pseudoscience; and                    Economics:
       6. apply scientific principles to their everyday lives.                             1. analyze fundamental economic concepts;
With inquiry as the core, students at the Basic level begin to identify                    2. discuss decisions made by consumers, businesses, and
unifying concepts and processes among the science disciplines—physical,                          government; and
life, earth/space, and the environmental sciences.                                         3. analyze U.S. fiscal and monetary policies.
                                Approaching Basic                                      History:
Students scoring at this level generally exhibit the ability to:                           1. examine the role of continuity and of change in history;
       1. know and understand fundamental science facts and concepts                       2. examine the significance of people, places, events, ideas, and
             concerning the world; and                                                           documents in history;
       2. conduct a simple experiment that includes making observations;                   3. analyze relevant experience from the past to understanding of
             forming a reasonable hypothesis; identifying variables;                             contemporary issues; and
             collecting, displaying, and interpreting data; and drawing                    4. analyze the role of evidence in making an historical argument.
             conclusions.
These skills should be demonstrated through the science disciplines—
physical, life, earth/space, and the environmental sciences.




Louisiana Register Vol. 36, No. 1 January 20, 2010                               90
                                    Basic                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
Students scoring at this level generally exhibit the ability to                   17:24.4 and R.S. 17:391.4 (A).
 Geography:                                                                         HISTORICAL NOTE: Promulgated by the Board of
     1. interpret geographical data;                                              Elementary and Secondary Education, LR 31:1550 (July 2005),
     2. describe the basic physical structure of the planet; and                  amended LR 36:
     3. explain the spatial relationships between humans and their
           environment.
                                                                                  Subchapter D. GEE Assessment Structure
 Civics:                                                                          §1349. Rescores
     1. explain structure and purposes of government;                               A. The district test coordinator must file a request with
     2. describe the foundations of the American political system;                the scoring contractor within 20 working days from the date
     3. explain international relationships; and
     4. discuss the roles of citizens.
                                                                                  the school district receives the individual student scores. All
 Economics:                                                                       requests must be made on or before the deadline date
     1. discuss fundamental economic concepts;                                    identified by the testing contractor and the LDE. Requests
     2. explain decisions made by consumers, businesses, and                      received after the deadline will not be honored.
           government; and
     3. explain U.S. fiscal policy.
                                                                                    B. Only rescores of tests from the most recent
 History:                                                                         administration may be requested.
     1. describe continuity and change;                                             C. All requests for rescoring require a fee, which is
     2. describe the significance of people, places, events, ideas, and           established by and paid to the scoring contractor.
           documents;
     3. examine relevant experiences from the past to contemporary
                                                                                    D. Students may request a rescore of their GEE tests at
           issues; and                                                            specified achievement levels and scaled score ranges. If the
     4. explain the role of evidence in making an historical argument.            following criterions are met, the rescore will be expedited.
                               Approaching Basic                                       1. English Language Arts and Mathematics. The test
Students scoring at this level generally exhibit the ability to                   has a scaled score five points below the Approaching Basic
 Geography:                                                                       achievement level.
     1. identify geographical data;
     2. recognize the physical structure of the planet; and                            2. Science and Social Studies. The test has a scaled
     3. state the spatial relationships between humans and their                  score five points below the Approaching Basic achievement
           environment.                                                           level.
 Civics:                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
     1. identify the structure and purposes of government;                        17:24.4.
     2. recognize the foundations of the American political system;
                                                                                    HISTORICAL NOTE: Promulgated by the Board of
     3. identify international relationships; and
     4. identify the roles of citizens.                                           Elementary and Secondary Education, LR 31:1554 (July 2005),
 Economics:                                                                       amended LR 32:237 (February 2006), LR 36:
     1. identify fundamental economic concepts;                                   Chapter 18. End-of-Course Tests
     2. identify decisions made by consumers, businesses, and                     Subchapter B. General Provisions
           government; and
     3. identify U.S. fiscal and monetary policies.
                                                                                  §1803. Introduction
 History:                                                                            A. – D ….
     1. recognize continuity and change;                                             E. EOC retests will not be offered until 2010-2011.
     2. recognize the significance of people, places, events, ideas, and             F. Since these tests are being developed for use in
           documents;
     3. identify relevant experiences from the past to describe
                                                                                  Louisiana schools, any school selected for field tests shall
           contemporary issues; and                                               participate in the field tests. In spring, 2010, the biology
     4. recognize the role of evidence in making an historical argument.          field tests will be administered.
                                Unsatisfactory                                       G. - G.4. …
Students scoring at this level have not demonstrated the fundamental                AUTHORITY NOTE: Promulgated in accordance with R.S.
knowledge and skills needed for the next level of schooling.                      17:24.4
Students scoring at this level generally have not exhibited the ability to
 Geography:
                                                                                    HISTORICAL NOTE: Promulgated by the Department of
     1. identify geographical data;                                               Education, Board of Elementary and Secondary Education, LR
     2. recognize the physical structure of the planet; and                       35:214 (February 2009), amended LR 36:
     3. state the spatial relationships between humans and their                  Subchapter F. EOCT Administrative Rules
           environment.                                                           §1819. Double Jeopardy Rule
 Civics:
     1. identify the structure and purposes of government;
                                                                                    A. If a school administers an EOC test that the student
     2. recognize the foundations of the American political system;               has already passed and the student scores needs
     3. identify international relationships; and                                 improvement on the retest, the passing score will be used to
     4. identify the roles of citizens.                                           determine the student’s eligibility for a standard high school
 Economics:
     1. identify fundamental economic concepts;
                                                                                  diploma.
     2. identify decisions made by consumers, businesses, and                       AUTHORITY NOTE: Promulgated in accordance with R.S.
           government; and                                                        17:24.4
     3. identify U.S. fiscal and monetary policies.                                 HISTORICAL NOTE: Promulgated by the Department of
 History:                                                                         Education, Board of Elementary and Secondary Education, LR 36:
     1. recognize continuity and change;                                          §1821. First Cohort
     2. recognize the significance of people, places, events, ideas, and
           documents;                                                               A. The first cohort comprises students who were first-
     3. identify relevant experiences from the past to describe                   time ninth graders in 2010–2011 and all first-time ninth
           contemporary issues; and                                               graders thereafter. First cohort students are required to score
     4. recognize the role of evidence in making an historical argument.          Fair or above on EOC English II or English III, Algebra I or
                                                                                  Geometry, and Biology or American History to be eligible
                                                                                  for a standard high school diploma.
                                                                             91                 Louisiana Register Vol. 36, No. 1 January 20, 2010
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       1. Students who completed courses for Carnegie units
17:24.4                                                                and earned the Carnegie units are not required to take the
  HISTORICAL NOTE: Promulgated by the Department of                    EOC test.
Education, Board of Elementary and Secondary Education, LR 36:              2. Students who completed courses for Carnegie credit
§1823. Rescores                                                        and did not earn the Carnegie units shall be required to take
  A. The district test coordinator must file a request with            the EOC test for those courses only.
the scoring contractor within 20 working days from the date              AUTHORITY NOTE: Promulgated in accordance with R.S.
the school district receives the individual student scores. All        17:24.4
requests must be made on or before the deadline date                     HISTORICAL NOTE: Promulgated by the Department of
identified by the testing contractor and the LDE. Requests             Education, Board of Elementary and Secondary Education, LR 36:
received after the deadline will not be honored.                       Chapter 20. LEAP Alternate Assessment, Level 2
  B. Only rescores of tests from the most recent                       Subchapter D. Achievement Level Descriptors
administration may be requested.                                       §2011. Grade 4 Achievement Level Descriptors
  C. All requests for rescoring require a fee, which is                  A. Grade 4 English Language Arts Achievement Level
established by and paid to the scoring contractor.                     Descriptors
  D. Students may request a rescore of their EOC tests at
specified achievement levels and scaled score ranges. If the                                                 Basic
following criteria is met, the rescore will be expedited:                                                    ***
     1. The test has a scaled score five points below the              Students scoring at this level generally exhibit the ability to
                                                                                                             ***
Fair achievement level.                                                     6. develop a central idea with some observable organization and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                             elaboration with a few supporting details,
17:24.4                                                                     7. demonstrate audience awareness through use of general
  HISTORICAL NOTE: Promulgated by the Department of                               vocabulary, some sentence variety, and some evidence of
Education, Board of Elementary and Secondary Education, LR 36:                    personal style or voice, and
§1825. EOC Administration Rules                                             8. demonstrate some command of spelling, grammar, punctuation,
                                                                                  and capitalization.
   A. Students enrolled in EOC courses shall take the EOC                                             Approaching Basic
test for that course at the conclusion of the course.                                                        ***
   B. If a district holds ―graduation‖ prior to the release of         Students scoring at this level generally exhibit the ability to
test scores, the LEA must have in place a policy for                                                         ***
                                                                            6. develop a response with a vague or weak central idea, weak
graduation without the test scores.                                               organization, and few or inappropriate details,
   C. There is no ending age limit for students to retest in                7. demonstrate limited audience awareness through use of simple
EOC, nor is there a limit on the number of times the student                      or inappropriate vocabulary, simple sentences, and little to no
may retake the test. Students who no longer reside in the                         evidence of personal style or voice, and
                                                                            8. demonstrate limited command of spelling, grammar,
school district where he/she completed Carnegie units may
                                                                                  punctuation, and capitalization.
test in the current school district of residence. The DTC shall                                        Foundational
forward the passing test scores to the high school where the                                                 ***
Carnegie units reside.                                                 Students scoring at this level generally exhibit the ability to
   D. If a student was issued a GED diploma and                                                                   ***
                                                                            5. develop a response to a writing task using a weak or unfocused
subsequently meets the requirements for the EOC, the                              central idea, attempted organization, and little or irrelevant
student may surrender the GED diploma and be issued a                             support,
standard high school diploma.                                               6. show minimal audience awareness through use of simple or
   E. When administrative errors are made in testing, the                         inappropriate vocabulary, simple sentences, and weak personal
                                                                                  style or voice, and
state superintendent of education may determine how to                      7. demonstrate minimal command of spelling, grammar,
remedy the error.                                                                 punctuation, and capitalization.
   F. Seniors who have completed all EOC tests required                                              Pre-Foundational
for a standard high school diploma and who wish to retest                                                    ***
for the Louisiana high school diploma endorsements may                 Students scoring at this level need to develop the ability to
                                                                            1. demonstrate at least minimal understanding of what they read,
retest during the fall retest administration.                               2. make at least minimal connections between ideas in text and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                             personal experiences,
17:24.4                                                                                                      ***
  HISTORICAL NOTE: Promulgated by the Department of                         4. develop a response to a writing task with some evidence of a
Education, Board of Elementary and Secondary Education, LR 36:                    central idea, attempted organization, and some supporting
                                                                                  details,
§1827. EOC Retest Administration
                                                                            5. show at least minimal audience awareness through use of simple
   A. Students who did not score Fair or above on an EOC                          vocabulary and simple sentences, and
test may retest in the next EOC administration.                             6. demonstrate at least minimal command of spelling, grammar,
  AUTHORITY NOTE: Promulgated in accordance with R.S.                             punctuation, and capitalization.
17:24.4
  HISTORICAL NOTE: Promulgated by the Department of                      B. - D. …
Education, Board of Elementary and Secondary Education, LR 36:
                                                                                                         ***
§1829. EOC Transfer Rules                                                AUTHORITY NOTE: Promulgated in accordance with R.S.
  A. The following rules apply for transfer students who               17:391.4(A).
are Louisiana residents transferring into the Louisiana public           HISTORICAL NOTE: Promulgated by the Department of
school district from out-of-state schools, nonpublic schools,          Education, Board of Elementary and Secondary Education, LR
or approved home study programs.                                       33:271 (February 2007), amended LR 34:2558 (December 2008),
Louisiana Register Vol. 36, No. 1 January 20, 2010                92
repromulgated LR 35:59 (January 2009), amended LR 35:219                            §2013. Grade 6 Achievement Level Descriptors
(February 2009), LR 36:                                                               A. Grade 6 English Language Arts Achievement Level
§2012. Grade 5 Achievement Level Descriptors                                        Descriptors
  A. Grade 5 English Language Arts Achievement Level
Descriptors                                                                                                                Basic
                                                                                                                          ***
                                      Basic                                         Students scoring at this level generally exhibit the ability to
                                      ***                                                                                 ***
Students scoring at this level generally exhibit the ability to                          4. express some creative and/or critical thinking in response to a
                                      ***                                                      writing task, characterized by a central idea, observable
     5. express some creative and/or critical thinking in response to a                        organization, and supporting details,
           writing task, characterized by a central idea, observable                     5. demonstrate audience awareness through use of grade-
           organization, and supporting details,                                               appropriate vocabulary, a variety of sentence structures, and
     6. demonstrate audience awareness through use of grade                                    evidence of personal style or voice, and
           appropriate vocabulary, sentence variety, and evidence of                     6. demonstrate some command of spelling, grammar, punctuation,
           personal style or voice, and                                                        and capitalization.
     7. demonstrate some command of spelling, grammar, punctuation,                                              Approaching Basic
           and capitalization.                                                                                            ***.
                             Approaching Basic                                      Students scoring at this level generally exhibit the ability to
                                      ***                                                                                 ***
Students scoring at this level generally exhibit the ability to                          4. demonstrate inconsistent control in response to a writing task,
                                         ***                                                   characterized by a weak central idea, some evidence of
     4. demonstrate inconsistent control in response to a writing task,                        organization, few transitions, and few
           characterized by a weak central idea, weak organization, and few                    supporting details,
           supporting details,                                                           5. demonstrate limited audience awareness through use of simple
     5. demonstrate limited audience awareness through use of simple                           but appropriate vocabulary, simple sentence structures, and few
           but appropriate vocabulary, simple sentence structures, and few                     elements of personal style, and
           elements of personal style, and                                               6. demonstrate limited command of spelling, grammar,
     6. demonstrate limited command of spelling, grammar,                                      punctuation, and capitalization.
           punctuation, and capitalization.                                                                         Foundational
                                   Foundational                                                                           ***
                                      ***                                           Students scoring at this level generally exhibit the ability to
Students scoring at this level generally exhibit the ability to                                                              ***
                                      ***                                                4. construct a minimal response to a writing task, characterized by
     4. develop a minimal response to a writing task, characterized by a                       a weak central idea, little observable organization, and a few
           weak central idea, little observable organization, and few                          supporting details,
           supporting details,                                                           5. demonstrate minimal audience awareness through the use of
     5. demonstrate minimal audience awareness through the use of                              limited vocabulary, simple sentences, and limited evidence of
           limited vocabulary, simple sentence structures, and little or no                    elements of personal style or voice, and
           personal style or voice, and                                                  6. demonstrate minimal command of spelling, grammar,
     6. demonstrate minimal command of spelling, grammar,                                      punctuation, and capitalization.
           punctuation, and capitalization.                                                                       Pre-Foundational
                              Pre-Foundational                                                                            ***
                                      ***                                           Students scoring at this level need to develop the ability to
Students scoring at this level need to develop the ability to                                                                ***
                                      ***                                                4. construct at least a minimal response to a writing task,
     4. develop at least a minimal a minimal response to a writing task,                       characterized by a weak central idea, little observable
           characterized by a weak central idea, little observable                             organization, and a few supporting details,
           organization, and few supporting details,                                     5. demonstrate at least minimal audience awareness through the use
     5. demonstrate at least minimal audience awareness through the                            of limited vocabulary, simple sentences, and limited evidence of
           use of limited vocabulary, simple sentence structures, and little                   elements of personal style or voice, and
           or no personal style or voice, and                                            6. demonstrate at least minimal command of spelling, grammar,
     6. demonstrate at least minimal command of spelling, grammar,                             punctuation, and capitalization.
           punctuation, and capitalization.
                                                                                      B. …
  B. …                                                                                                                ***
                                  ***                                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                               17:391.4(A).
17:391.4(A).                                                                          HISTORICAL NOTE: Promulgated by the Department of
  HISTORICAL NOTE: Promulgated by the Department of                                 Education, State Board of Elementary and Secondary Education,
Education, State Board of Elementary and Secondary Education,                       Office of Student and School Performance, LR 33:2036 (October
Office of Student and School Performance, LR 33:2033 (October                       2007), amended LR 36:
2007), amended LR 36:




                                                                               93                   Louisiana Register Vol. 36, No. 1 January 20, 2010
§2014. Grade 7 Achievement Level Descriptors                                       §2015. Grade 8 Achievement Level Descriptors
  A. Grade 7 English Language Arts Achievement Level                                 A. Grade 8 English Language Arts Achievement Level
Descriptors                                                                        Descriptors

                                      Basic                                                                             Basic
                                      ***                                                                                ***
Students scoring at this level generally exhibit the ability to                    Students scoring at this level generally exhibit the ability to
                                      ***                                                                                ***
     6. develop an appropriate response to a writing task, characterized                6. develop a central idea with a consistent focus, appropriate
           by a central idea, observable organization, simple transitions,                    organization, and elaboration with some supporting details,
           and supporting details,                                                      7. demonstrate audience awareness through use of appropriate but
     7. demonstrate audience awareness through use of grade-                                  general language, and some sentence variety, and a sense of
           appropriate vocabulary, sentence variety, and evidence of                          personal style, and
           personal style or voice, and                                                 8. demonstrate some command of spelling, grammar, punctuation,
     8. demonstrate some command of spelling, grammar, punctuation,                           and capitalization.
           and capitalization.                                                                                  Approaching Basic
                             Approaching Basic                                                                           ***
                                      ***                                          Students scoring at this level generally exhibit the ability to
Students scoring at this level generally exhibit the ability to                                                          ***
                                      ***                                               6. develop a weak central idea with some evidence of organization
     4. demonstrate inconsistent control in response to a writing task,                       and elaboration with few or inappropriate supporting details,
           characterized by a weak central idea, weak organization, and few             7. demonstrate limited awareness of audience through use of
           supporting details,                                                                simple or inappropriate vocabulary and simple sentences, and
     5. demonstrate limited audience awareness through the use of                       8. demonstrate limited command of spelling, grammar,
           simple vocabulary, simple sentences, and few elements of                           punctuation, and capitalization.
           personal style, and                                                                                     Foundational
     6. demonstrate limited command of spelling, grammar,                                                                ***
           punctuation, and capitalization.                                        Students scoring at this level generally exhibit the ability to:
                                Foundational                                            1. demonstrate minimal understanding of what they read;
                                      ***                                               2. make minimal interpretations and extensions of ideas in the
Students scoring at this level generally exhibit the ability to                               texts;
                                      ***                                               3. make minimal connections between the text and personal
     4. construct a minimal response to a writing task, characterized by                      experiences;
                             a weak central                                             4. research a topic by locating minimal information in commonly
           idea, some observable organization, and some supporting                            used sources;
           information,                                                                 5. demonstrate a minimal response to a writing task;
     5. demonstrate minimal audience awareness through use of simple                    6. develop a response to a writing task with a weak or unfocused
           vocabulary, simple sentences, and little or no personal style or                   idea, attempted organization, and little or irrelevant support;
           voice, and                                                                   7. show minimal audience awareness through use of simple or
     6. demonstrate minimal command of spelling, grammar,                                     inappropriate vocabulary and simple sentences; and
           punctuation, and capitalization.                                             8. demonstrate minimal command of spelling, grammar,
                              Pre-Foundational                                                punctuation, and capitalization.
                                      ***                                                                        Pre-Foundational
Students scoring at this level need to develop the ability to                                                            ***
                                      ***                                          Students scoring at this level need to develop the ability to:
     4. construct at least a minimal response to a writing task,                                                         ***
           characterized by a weak                                                      1. make at least minimal interpretations and extensions of ideas in
           central idea, some observable organization, and some supporting                    the text,
           information,                                                                                                  ***
     5. demonstrate at least minimal audience awareness through the                     4. develop a response to a writing task with some evidence of a
           use of simple vocabulary, simple sentences, and little or no                       central idea, attempted organization, and some supporting
           personal style or voice, and                                                       details,
     6. demonstrate at least minimal command of spelling, grammar,                      5. show at least minimal audience awareness through use of simple
           punctuation, and capitalization.                                                   vocabulary and simple sentences, and
                                                                                        6. demonstrate at least minimal command of spelling, grammar,
                                                                                              punctuation, and capitalization.
  B. …
                                  ***
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                B. – D. …
17:391.4(A).                                                                                                         ***
  HISTORICAL NOTE: Promulgated by the Department of                                  AUTHORITY NOTE: Promulgated in accordance with R.S.
Education, State Board of Elementary and Secondary Education,                      17:391.4(A).
Office of Student and School Performance, LR 33:2036 (October                        HISTORICAL NOTE: Promulgated by the Department of
2007), amended LR 36:                                                              Education, Board of Elementary and Secondary Education, LR
                                                                                   33:272 (February 2007), amended LR 33:2037 (October 2007), LR
                                                                                   34:2555 (December 2008), repromulgated LR 35:60 (January
                                                                                   2009), amended LR 36:




Louisiana Register Vol. 36, No. 1 January 20, 2010                            94
§2016. Grade 9 Achievement Level Descriptors                                           7.    demonstrate audience awareness through a sense of personal
  A. Grade 9 English Language Arts Achievement Level                                         style or voice and some variety in vocabulary and sentence
                                                                                             structure, and
Descriptors                                                                            8. demonstrate some command of spelling, grammar, punctuation,
                                                                                             and capitalization.
                                       Basic                                                                   Approaching Basic
                                      ***                                                                               ***
Students scoring at this level generally exhibit the ability to                   Students scoring at this level generally exhibit the ability to
                                      ***                                                                               ***
     6. construct an appropriate multiparagraph response to a writing                  6. develop a response with a weak central idea, some evidence of
           task, characterized by a central idea, observable organization,                   organization, and minimal elaboration or supporting details,
           simple transitions, and supporting information,                             7.     demonstrate limited audience awareness through use of weak
     7. demonstrate audience awareness through intentional use of                            personal style or voice, simple or inappropriate vocabulary, and
           appropriate vocabulary, sentence variety, and personal style or                   simple sentences, and
           voice, and                                                                  8. demonstrate limited command of spelling, grammar,
     8. demonstrate some command of spelling, grammar, punctuation,                          punctuation, and capitalization.
           and capitalization.                                                                                      Foundational
                             Approaching Basic                                                                          ***
                                      ***                                         Students scoring at this level generally exhibit the ability to
Students scoring at this level generally exhibit the ability to                                                         ***
                                      ***                                              6. develop a response with a weak or unfocused idea, attempted
     4. demonstrate inconsistent control in response to a writing task,                      organization, and little or irrelevant support,
           characterized by a weak central idea, some evidence of                      7. demonstrate minimal audience awareness through use of weak
           organization and transitions, and few supporting details,                         personal style or voice, simple or inappropriate vocabulary, and
     5. demonstrate limited audience awareness through the use of                            simple sentences, and
           simple vocabulary, simple sentence structures, and few elements             8. demonstrate minimal command of spelling, grammar,
           of personal style, and                                                            punctuation, and capitalization.
     6. demonstrate limited command of spelling, grammar,                                                         Pre-Foundational
           punctuation, and capitalization.                                                                             ***
                                Foundational                                      Students scoring at this level need to develop the ability to
                                      ***                                              2. make at least minimal connections between text and personal
Students scoring at this level generally exhibit the ability to                              experiences,
                                      ***                                                                                   ***
     4. develop a minimal response to a writing task, characterized by a               5. develop a response to a writing task using a general focus,
           weak central idea, limited observable organization, and some                      attempted organization, and minimal support,
           supporting information,                                                     6. demonstrate at least minimal audience awareness through use of
     5. demonstrate minimal audience awareness in written responses                          simple vocabulary and simple sentences, and
           through the use of simple vocabulary, simple sentences, and                 7. demonstrate at least minimal command of spelling, grammar,
           little or no personal style or voice, and                                         punctuation, and capitalization.
     6. demonstrate minimal command of spelling, grammar,
           punctuation, and capitalization.
                              Pre-Foundational                                      B. - D. …
                                      ***                                                                           ***
Students scoring at this level need to develop the ability to                       AUTHORITY NOTE: Promulgated in accordance with R.S.
                                      ***                                         17:391.4(A).
     4. develop at least a minimal response to a writing task,                      HISTORICAL NOTE: Promulgated by the Department of
           characterized by a weak central idea, limited observable               Education, Board of Elementary and Secondary Education, LR
           organization, and some supporting information,
     5. demonstrate at least minimal audience awareness in written
                                                                                  33:273 (February 2007), amended LR 33:2040 (October 2007), LR
           responses through the use of simple vocabulary, simple                 36:
           sentences, and little to no personal style or voice, and               §2019. Grade 11 Achievement Level Descriptors
     6. demonstrate at least minimal command of spelling, grammar,                  A. Grade 11 Science Achievement Level Descriptors
           punctuation, and capitalization.
                                                                                                                        Basic
  B. …                                                                                                                  ***
                                  ***                                             Students scoring at this level generally exhibit the ability to
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                                                   ***
                                                                                  With inquiry as the core, students at the Basic level begin to identify
17:391.4(A).
                                                                                  unifying concepts and processes among the science disciplines—physical,
  HISTORICAL NOTE: Promulgated by the Department of                               life, earth/space, and the environmental sciences.
Education, State Board of Elementary and Secondary Education,                                                   Approaching Basic
Office of Student and School Performance, LR 33:2038 (October                                                           ***
2007), amended LR 36:                                                                                              Foundational
§2017. Grade 10 Achievement Level Descriptors                                                                           ***
  A. Grade 10 English Language Arts Achievement Level                                                         Pre-Foundational
Descriptors                                                                                                         ***


                                      Basic                                         B. …
                                      ***                                                                           ***
Students scoring at this level generally exhibit the ability to                     AUTHORITY NOTE: Promulgated in accordance with R.S.
                                      ***
                                                                                  17:391.4(A).
     6. develop a response with a central idea, evidence of some
           observable organization, and elaboration with some supporting            HISTORICAL NOTE: Promulgated by the Department of
           details,                                                               Education, Board of Elementary and Secondary Education, LR

                                                                             95                    Louisiana Register Vol. 36, No. 1 January 20, 2010
33:274 (February 2007), amended LR 33:2041 (October 2007), LR          Language Arts, Mathematics, Science, and Social Studies—
36:                                                                    during the fall retest administration.
Subchapter E. LAA 2 Assessment Structure                                  H. If a district holds ―graduation‖ prior to the release of
§2031. Double Jeopardy Rule                                            spring test scores, the LEA must have in place a policy for
  A. If a school administers a LAA 2 test that the student             graduation without the test scores.
has already passed and the student scores below approaching               I. There is no ending age limit for students to retest in
basic on the retest, the passing score will be used to                 LAA 2, nor is there a limit on the number of times the
determine the student’s eligibility for a standard high school         student may retake the test. Students who no longer reside in
diploma.                                                               the school district where he/she completed Carnegie units
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  may test in the current school district of residence. The DTC
17:391.4(A).                                                           shall forward the passing test scores to the high school
  HISTORICAL NOTE: Promulgated by the Department of
                                                                       where the Carnegie units reside.
Education, Board of Elementary and Secondary Education, LR 36:
                                                                          J. If a student was issued a GED diploma and
§2033. Rescores
                                                                       subsequently meets the requirements of the LAA 2, the
  A. The district test coordinator must file a request with
                                                                       student may surrender the GED diploma and be issued a
the scoring contractor within 20 working days from the date
                                                                       standard high school diploma.
the school district receives the individual student scores. All
                                                                          K. When administrative errors are made in testing, the
requests must be made on or before the deadline date
                                                                       state superintendent of education may determine how to
identified by the testing contractor and the LDE. Requests
                                                                       remedy the error.
received after the deadline will not be honored.
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
  B. Only rescores of tests from the most recent                       17:391.4(A).
administration may be requested.                                         HISTORICAL NOTE: Promulgated by the Department of
  C. All requests for rescoring require a fee, which is                Education, Board of Elementary and Secondary Education, LR 36:
established by and paid to the scoring contractor.                     §2037. Summer Retest Administration
  D. Students may request a rescore of their LAA 2 tests at               A. Students who were enrolled in grades 10 and 11 for
specified achievement levels and scaled score ranges. If the           the first time during the spring test administration and did
following criterions are met, the rescore will be expedited:           not score approaching basic in the required LAA 2 tests are
     1. English Language Arts and Mathematics. The test                eligible for the summer retest administration.
has a scaled score 10 points below the Approaching Basic                  B. Students who were enrolled in grades 10 and 11 in
achievement level.                                                     public schools for the first time during the spring test
     2. Science and Social Studies. The test has a scaled              administration but who were absent during testing are
score 10 points below the Approaching Basic achievement                eligible for the summer retest administration.
level.                                                                    C. Students who enrolled in and attended grades 10 and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  11 after the spring test administration and before the close of
17:391.4(A).                                                           the regular academic year are eligible for the summer retest
  HISTORICAL NOTE: Promulgated by the Department of
                                                                       administration.
Education, Board of Elementary and Secondary Education, LR 36:
                                                                          D. Students who enroll in grades 10 and 11 after the
§2035. LAA 2 Administration Rules
                                                                       close of the regular academic year but did not attend public
   A. Students enrolled in grade 10 for the first time must
                                                                       schools during the academic year are not eligible for the
take LAA 2 English Language Arts and Mathematics tests
                                                                       summer retest administration. They must test during the fall
during the spring administration.
                                                                       retest administration.
   B. Students repeating grade 10 shall take the LAA 2
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
Science and Social Studies tests during the spring                     17:391.4(A).
administration.                                                          HISTORICAL NOTE: Promulgated by the Department of
   C. Students enrolled in grade 11 for the first time must            Education, Board of Elementary and Secondary Education, LR 36:
take LAA 2 Science and Social Studies tests during the                 §2039. LAA 2 Transfer Students
spring administration.                                                    A. The following rules apply for transfer students who
   D. Students enrolled in grade 11 shall take Science and             are Louisiana residents transferring into the Louisiana public
Social Studies tests unless the student was enrolled in grade          school district from out-of-state schools, nonpublic schools,
11 for two years.                                                      or approved home study programs who meet LAA 2
   E. Students promoted from grade 9 to grade 11 may take              Participation Criteria, meet all graduation requirements for a
English Language Arts and Mathematics tests during the fall            high school diploma as established in Bulletin 741.
retest administration and then take the Science and Social                  1. Requirements for students who have never been in
Studies tests during the subsequent spring administration.             membership in a Louisiana public school and are
   F. Students in block schedules who are classified as                transferring from out-of-state schools, from Louisiana
tenth graders in the fall of their second year and as eleventh         nonpublic schools, or from an approved home study program
graders by the subsequent spring test administration are               are as follows.
permitted to take all LAA 2 content-area tests—English                         a. A student who entered the ninth grade during the
Language Arts, Mathematics, Science, and Social Studies—               2005–2006 school year and thereafter and who transferred to
for the first time during that spring test administration.             a Louisiana public school at or below the ninth grade shall
   G. If students enrolled in grade 12 have not yet met the            take and pass the English Language Arts and Mathematics
LAA 2 requirements to be eligible for a standard high school           sections and either the Science or the Social Studies test of
diploma, they may take all content-area tests—English                  LAA 2.
Louisiana Register Vol. 36, No. 1 January 20, 2010                96
        b. A student who entered the ninth grade in 2005–                  8. All membership in grades 7 through 11 must be
2006 and thereafter and who is classified by the local school          considered when determining which test to administer to a
district as a tenth grade student shall take and pass the              student.
English Language Arts and Mathematics tests and either the               AUTHORITY NOTE: Promulgated in accordance with R.S.
Science or the Social Studies test of LAA 2.                           17:391.4(A).
        c. A student who entered the ninth grade in 2005–                HISTORICAL NOTE: Promulgated by the Department of
2006 and thereafter and who is classified by the local school          Education, Board of Elementary and Secondary Education, LR 36:
district as an eleventh grade student shall take and pass              §2041. Student Membership Determination
either the Science or the Social Studies test of the LAA 2.              A. Student membership is determined when a student in
        d. A student who entered the ninth grade in 2005–              school is identified with the following minimum required
2006 and thereafter and who is classified by the local school          identification elements:
district as a twelfth grade student shall not be required to               1. state identification number;
take any part of the LAA 2.                                                2. full legal name;
     2. A student who was in initial membership in                         3. date of birth;
Louisiana public schools as a student in grades K through 6                4. sex;
shall adhere to the following policy.                                      5. race;
        a. A student who returns in the seventh and/or                     6. district and school code;
eighth grade for a period in membership of 160 days total                  7. entry date; and
shall take and pass both the English Language Arts and                     8. grade placement
                                                                            (Adapted from Section 10, page 10.1, Student Information
Mathematics tests and either the Science or the Social                      System User’s Guide, LDE).
Studies test of the LAA 2.                                               B. A student must be in membership in a Louisiana
        b. A student who returns in the ninth grade shall              public school(s) for 160 days per year or 80 days per
take and pass both the English Language Arts and                       semester in order to be eligible to receive grades
Mathematics tests and either the Science or the Social                 (1103G, Bulletin 741, LDE).
Studies test of the LAA 2.                                               AUTHORITY NOTE: Promulgated in accordance with R.S.
        c. A student who returns and is classified as a tenth          17:391.4(A).
grade student shall take and pass both the English Language              HISTORICAL NOTE: Promulgated by the Department of
Arts and Mathematics tests and either the Science or the               Education, Board of Elementary and Secondary Education, LR 36:
Social Studies test of the LAA 2.                                      Chapter 33. Assessment of Special Populations
        d. A student who returns and is classified as an               §3303. Special Education Students
eleventh grade student shall take and pass either the Science             A. All special education students must participate in
or the Social Studies test of the LAA 2.                               statewide assessments. Students are to take the test that
        e. A student who returns and is classified as a                corresponds to the grade in which they are enrolled. Special
twelfth grade student shall not be required to take any part of        education students who meet specific participation criteria as
the LAA 2.                                                             stated in Bulletin 1530 Louisiana IEP Handbook for
     3. A student who was in initial membership in                     Students with Disabilities and whose Individualized
Louisiana public schools in the seventh and/or eighth grade            Education Plans (IEPs) indicate they will participate in an
for a period of 160 days total, transferred out, and                   alternate assessment may participate in an alternate
subsequently returned at any grade level shall take and pass           assessment, such as the LEAP Alternate Assessment, Level 1
both the English Language Arts and Mathematics tests and               (LAA 1) or LEAP Alternate Assessment, Level 2 (LAA 2).
either the Science or the Social Studies test of the LAA 2.            The assessment in which the student is to participate and any
     4. A student who was in initial membership in                     accommodations the student is to receive for instruction and
Louisiana public schools as a ninth grade student, transferred         assessment must be documented annually on the
out, and subsequently returned at any grade level shall be             program/services page of the student’s IEP. Test
required to take and pass both the English Language Arts               accommodations cannot be different from or in addition to
and Mathematics tests and either the Science or the Social             the accommodations indicated on the student’s IEP and
Studies test of the LAA 2.                                             provided in regular classroom instruction and assessment.
     5. A student who was in initial membership in                          1. Individualized Education Plan. According to the
Louisiana public schools as a tenth grade student, transferred         2004 amendments to the Individual with Disabilities
out, and subsequently returned at any grade level shall take           Education Act (IDEA), accommodations are provided in
and pass both the English Language Arts and Mathematics                regular classroom instruction based on a student’s needs and
tests and either the Science or the Social Studies test of the         are documented in the student’s IEP.
LAA 2.                                                                   AUTHORITY NOTE: Promulgated in accordance with R.S.
     6. A student who was in initial membership in                     17:1945.
Louisiana public schools as an eleventh grade student,                   HISTORICAL NOTE: Promulgated by the Department of
                                                                       Education, Board of Elementary and Secondary Education, LR
transferred out, and subsequently returned at the eleventh- or         31:1560 (July 2005), amended LR 32:239 (February 2006), LR 36:
twelfth-grade level shall take and pass either the Science or
                                                                       §3307. Limited English Proficient Students
the Social Studies test of the LAA 2.                                    A. - B.6.c. …
     7. A student who was in initial membership in                       C. Approved Accommodations for LEP Students
Louisiana public schools as a twelfth grade student,                       1. The following accommodations are to be provided
transferred out, and subsequently returned as a twelfth                for LEP students participating in the LEAP, GEE, iLEAP,
grader shall not be required to take any part of the LAA 2.
                                                                       LAA 2, and EOC assessments.
                                                                  97                 Louisiana Register Vol. 36, No. 1 January 20, 2010
     1.a. – c. …                                                                              Public Comments
       d. Tests Read Aloud. Students may be allowed to                     Interested persons may submit written comments via the
have portions of the tests read to them, with the exception of           U.S. Mail until 4:30 p.m., February 8, 2010, to Nina A. Ford,
portions designed to measure reading comprehension, which                Board of Elementary and Secondary Education, Box 94064,
are clearly designated in the Test Administration Manuals.               Capitol Station, Baton Rouge, LA 70804-9064.
No passages, questions, or distractors (multiple choices) of
any English language arts assessment that measures reading                                              Jeanette B. Vosburg
comprehension may be read aloud. Such tests include the                                                 Executive Director
Reading and Responding session of LEAP, GEE, and LAA
2, Reading, Part 2 of iLEAP grades 3, 5, 6, and 7, Reading                    FISCAL AND ECONOMIC IMPACT STATEMENT
Comprehension of iLEAP grade 9 and the ―old‖ GEE, and                                FOR ADMINISTRATIVE RULES
any others developed to measure this skill. Directions only                   RULE TITLE: Bulletin 118—Statewide Assessment
to these sessions may be signed or cued. When signing or                                 Standards and Practices
cueing, the test administrator must exercise caution to avoid
providing answers. It is a breach of test security to provide            I.  ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO
signs or cues that convey answers.                                           STATE OR LOCAL GOVERNMENT UNITS (Summary)
       e. …                                                                       New and updated policy language will be added to Chapter
  AUTHORITY NOTE: Promulgated in accordance with R.S.                        3, Test Security regarding administrative errors. Chapter 7,
17:1941 et seq. and R.S. 17:24.4 (F)(3).                                     Assessment Program Overview testing chart will be edited to
  HISTORICAL NOTE: Promulgated by the Department of                          reflect the addition of Geometry as an EOC test. Policy
Education, Board of Elementary and Secondary Education, LR                   language will be edited in Chapter 11, Louisiana Educational
31:1562 (July 2005), amended LR 32:240 (February 2006), LR                   Assessment Program (LEAP) for grades 4 and 8 English
33:264 (February 2007), LR 33:1010 (June 2007), LR 36:                       Language Arts Achievement Level Descriptors, Mathematics
Chapter 35.     Assessment of Students in Special                            Achievement Level Descriptors, Science Achievement Level
                                                                             Descriptors, and Social Studies Achievement Level Descriptors
                Circumstances                                                for Advanced, Mastery, Basic, Approaching Basic, and
§3501. Approved Home Study Program Students                                  Unsatisfactory. Policy language regarding rescore requests in
  A. – B. …                                                                  Chapter 11, Louisiana Educational Assessment Program
  C. Students from state-approved home study programs                        (LEAP) will also be edited. Policy language will be edited in
have the option of taking the grades 4 and 8 LEAP Science                    Chapter 13, Graduation Exit Examination (GEE) for grade 10
and Social Studies tests.                                                    English Language Arts Achievement Level Descriptors and
  D - G. …                                                                   Mathematics Achievement Level Descriptors, and grade 11
  H. Students enrolled in state-approved home study                          Science Achievement Level Descriptors, and Social Studies
                                                                             Achievement Level Descriptors for Advanced, Mastery, Basic,
programs are not eligible to participate in LAA 1, LAA 2, or
                                                                             Approaching Basic, and Unsatisfactory. Chapter 13,
ELDA.                                                                        Graduation Exit Examination (GEE) rescore request policy
  AUTHORITY NOTE: Promulgated in accordance with R.S.                        language will also be edited. Chapter 18, End-Of-Course Tests
17:236.1-17.236.2, R.S. 17:6 (A) (10) (11) (15), R.S. 17:10, R.S.            (EOCT) is being updated to align the assessment with LEAP
17:22 (6), R.S. 17:391.1–17: 391.10, R.S. 17:411.                            and GEE by providing new and updated statewide test
  HISTORICAL NOTE: Promulgated by the Department of                          information about EOCT Double Jeopardy Rule, First Cohort,
Education, Board of Elementary and Secondary Education, LR                   EOCT Rescores, EOCT Administration Rules, EOCT Retest
31:1563 (July 2005), amended LR 32:240 (February 2006), LR                   Administration, and EOCT Transfer Rules. The proposed rule
33:264 (February 2007), LR 36:                                               change will edit policy language in Chapter 20, Louisiana
                  Family Impact Statement                                    Alternate Assessment Level 2 (LAA 2) for grades 4, 5, 6, 7, 8,
   In accordance with Section 953 and 974 of Title 49 of the                 9 and 10 LAA 2 English Language Arts Achievement Level
Louisiana Revised Statutes, there is hereby submitted a                      Descriptors (ALDs) for Basic, Approaching Basic,
Family Impact Statement on the Rule proposed for adoption,                   Foundational, and Pre-Foundational, as well as align the LAA 2
repeal or amendment. All Family Impact Statements shall be                   assessment with LEAP and GEE by providing new and updated
                                                                             statewide test information about the LAA 2 Double Jeopardy
kept on file in the state board office which has adopted,                    Rule, LAA 2 Rescores, LAA 2 Administration Rules, LAA 2
amended, or repealed a Rule in accordance with the                           Summer Retest Administration, LAA 2 Transfer Students, and
applicable provisions of the law relating to public records.                 LAA 2 Student Membership Determination. Policy language in
     1. Will the proposed Rule affect the stability of the                   Chapter 33, Assessment of Special Populations that addresses
family? No.                                                                  Special Education Students and Limited English Proficient
     2. Will the proposed Rule affect the authority and                      Students will be edited to align new guidelines for LAA 2.
rights of parents regarding the education and supervision of                 Chapter 35, Assessments of Students in Special Circumstances
                                                                             policy language will be updated to include guidelines that
their children? No.
                                                                             reference statewide assessments, LAA 1, LAA 2, ELDA, and
     3. Will the proposed Rule affect the functioning of the                 update the name change of Office of Youth Development to its
family? No.                                                                  new name Office of Juvenile Justice. The proposed rule change
     4. Will the proposed Rule affect family earnings and                    will have no implementation cost to state or local governmental
family budget? No.                                                           units.
     5. Will the proposed Rule affect the behavior and                   II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE
personal responsibility of children? No.                                     OR LOCAL GOVERNMENTAL UNITS (Summary)
     6. Is the family or a local government able to perform                       There will be no effect on revenue collections at the state or
the function as contained in the proposed Rule? No.                          local governmental levels.


Louisiana Register Vol. 36, No. 1 January 20, 2010                  98
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO                              a.  not to act on an accident report;
     DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL                             b.  approving a consent discipline; or
     GROUPS (Summary)                                                         c.  rendered in a formal disciplinary adjudication.
         There should be no effect on costs and/or economic                 2. to establish rules and regulations for the procedures
     benefits to directly affected persons or non-governmental
     groups.
                                                                       to be used by the board in performing its duty to receive
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT                     appeals from a formal disciplinary proceeding before the
     (Summary)                                                         Board of Commissioners or Examiners;
         There should be no impact on competition and                       3. to establish rules and regulations for the procedures
     employment.                                                       to be used by the board in performing its duty to receive
                                                                       sworn complaints against any pilot from any source for
Beth Scioneaux                       H. Gordon Monk                    actions taken by a pilot while in the performance of his
Superintendent                       Legislative Fiscal Officer        duties;
0912#010                             Legislative Fiscal Office              4. to establish rules and regulations for the procedures
                  NOTICE OF INTENT                                     to be used by the board in performing its duty to submit an
                                                                       annual report to the general counsel of the Department of
                 Office of the Governor                                Transportation and Development on accident investigations;
  Board of Louisiana River Pilot Review and Oversight                       5. to establish rules and regulations for the procedures
                                                                       to be used by the board in requiring that a permanent
                   General Provisions                                  accident or incident record on each pilot be maintained as
           (LAC 46:LXX.Chapters 150 and 152)                           well as an accident investigation file as long as the pilot
                                                                       involved has a state commission;
   In accordance with the Administrative Procedure Act, R.S.                6. to establish rules and regulations for the procedures
49:950 et seq., the Board of Louisiana River Pilot Review              to be used by the board in performing its duty to submit
and Oversight hereby gives notice of intent to promulgate              accident reports in which state property is involved or
rules and regulations. The proposed rules and regulations are          damaged to the general counsel of the Department of
in the public’s interest and will promote public safety. This          Transportation and Development.
board has a strong commitment to the public due to the                   AUTHORITY NOTE: Promulgated in accordance with La.
safety sensitive nature of the duties performed by state               R.S. 34:1135.C - K.
commissioned pilots. Chapter 150 pertains to the general                 HISTORICAL NOTE: Promulgated by the Office of the
provisions of the board. Chapter 152 pertains to the general           Governor, Board of Louisiana River Pilot Review and Oversight
                                                                       LR 36:
provisions of the board as it relates to domicile, meetings
                                                                       §15005. Definitions
and officers of the board as well as the powers and duties of
                                                                          A. The following terms as used in these rules and
the board.
                                                                       regulations shall have the following meanings:
                           Title 46
                                                                            Accident―any occurrence involving a vessel that results
        PROFESSIONAL AND OCCUPATIONAL
                                                                       in any allision, collision, grounding, loss of life, or personal
                        STANDARDS
                                                                       injury that requires professional medical treatment
                      LXX. River Pilots
                                                                       (treatment beyond first aid).
  Subpart 6. Board of Louisiana River Pilot Review and
                                                                            Adjudication―the board's or the Board of
                          Oversight
                                                                       Commissioners' or Examiners' process for the formulation of
Chapter 150. General Provisions
                                                                       a decision or order.
§15001. Authority
                                                                            Administrative Complaint―any written document filed
   A. These rules and regulations are promulgated in
                                                                       by an investigating officer with the board or the Board of
accordance with the provisions of R.S. 34:1135.A. in order
                                                                       Commissioners or Examiners in the procedure prescribed in
to provide for the implementation, enforcement, and
                                                                       §152117 of this Rule.
administration of R.S. 34:1131 et seq., which provide for the
                                                                            Administrative Procedure Act or APA―the Louisiana
creation, powers, duties, and responsibilities of the Board of
                                                                       Administrative Procedure Act, R.S. 49:950 et seq.
Louisiana River Pilot Review and Oversight. These
                                                                            Alcohol―any intoxicating beverage, fluid, or solid
regulations are further promulgated in accordance with the
                                                                       capable of being converted into fluid, suitable for human
Administrative Procedure Act (APA), R.S. 49:950 et seq., to
                                                                       consumption, which contains ethanol, and any distilled spirit
the extent that any procedure in the APA does not conflict
                                                                       as defined in 27 U.S.C. 211.
with any provision of these rules.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                            Board of Commissioners or Examiners―the Board of
R.S. 34:1135.A.                                                        Examiners of Bar Pilots for the Port of New Orleans,
  HISTORICAL NOTE: Promulgated by the Office of the                    established in R.S. 34:941 et seq., the Board of River Port
Governor, Board of Louisiana River Pilot Review and Oversight,         Pilot Commissioners for the Port of New Orleans,
LR 36:                                                                 established in R.S. 34:991 et seq., the Board of Examiners
§15003. Purpose                                                        for the New Orleans and Baton Rouge Steamship Pilots for
  A. The purposes of these rules and regulations are as                the Mississippi River, established in R.S. 34:1041 et seq.,
follows:                                                               and the Board of River Port Pilot Commissioners and
     1. to establish rules and regulations for the procedures          Examiners for the Calcasieu River Waterway, established in
to be used by the board in performing its duty to request,             R.S. 34:1072 et seq.
receive, and review reports prepared by the Board of
Commissioners or Examiners and its rendering of decisions:
                                                                  99                 Louisiana Register Vol. 36, No. 1 January 20, 2010
     Board or Board of Review and Oversight―the                               a. relating to an accident involving any state
Louisiana River Pilot Review and Oversight, established by             commissioned pilot while the pilot is acting under his state
R.S. 34:1131 et seq.                                                   commission;
     Complaint―any sworn typewritten submission filed by                      b. relating to a consent discipline agreed to by and
any source with the board against any state commissioned               between a state commissioned pilot and the Board of
pilot for actions taken by the pilot while in the performance          Commissioners or Examiners; and
of his duties, including acts of misconduct, carelessness,                    c. relating to a formal disciplinary adjudication
incompetence, intoxication, negligence, the refusal to offer           rendered by the Board of Commissioners      or Examiners.
timely pilotage services without just cause, abuse of legally               Rule―each statement, guide, or requirement of the
prescribed medication and illegal use of controlled                    board for conduct or action relating to its duties, or which
dangerous substances.                                                  prescribes the procedure or practice requirements of the
     Controlled Dangerous Substance―any drug as defined                board.
in R.S. 40:961.7 and R.S. 40:964, and any controlled                        Rulemaking―the process employed by the board for the
substance in schedules I through V of the Controlled                   formulation of a rule.
Substances Act (21 U.S.C. 812), and as further defined by                   Sworn―in connection with a complaint, means the
regulation at 21 CFR 1308.11 through 1308.15.                          allegations made by the complainant that are given in
     Decision or Order―the final disposition of any matter             writing and under oath before a notary public in which the
decided by the board involving a state commissioned pilot              complainant swears to the truthfulness of the allegations,
while the pilot is acting under his state commission. A                subject to the penalties for perjury.
decision or order shall also mean the final disposition of any           AUTHORITY NOTE: Promulgated in accordance with 21
matter decided by the Board of Commissioners or                        CFR 1308.11-15, 27 U.S.C. 211(a)(5) and 27 CFR 1.10, R.S.
Examiners involving a state commissioned pilot.                        34:1129.2, R.S. 1131(3), R.S. 34:1133.G, R.S. 34:1135.F, R.S.
     Drug―all controlled dangerous substances as defined in            34:1135.C – E, and R.S. 49:951.
                                                                         HISTORICAL NOTE: Promulgated by the Office of the
R.S. 40:961.7 and R.S. 40:964, and any substance, by                   Governor, Board of Louisiana River Pilot Review and Oversight
whatever official name, common or usual name, chemical                 LR 36:
name, or brand name designated in Schedules I-V, 21 CFR                Chapter 152. Board of Louisiana River Pilot Review
1308.11-15.                                                                            and Oversight
     Grounding―a beaching or running aground in which                  Subchapter A. General Provisions
the vessel is damaged or needs assistance to be refloated.             §15201. Domicile and Meetings
     Incident―                                                           A. The domicile of the board shall be the Parish of
        a. any accident as defined in this Subsection;                 Orleans which address is presently 201 St. Charles Avenue,
        b. any sworn complaint involving a state                       31st Floor, New Orleans, LA 70170 or such other address as
commissioned pilot while acting under his commission; or               the board members establish from time to time.
        c. any other event involving a Louisiana state                   B. The board shall meet at least twice a year, at times
commissioned pilot while acting under his commission that,             and places of its choosing. Other meetings may be held at
in the discretion of any member of the Board of                        the discretion of the board. Meetings may be called by the
Commissioners or Examiners, justifies further investigation.           chairman, or at the written request of any three members of
     Incident Report―the form provided by the board to be              the board.
completed and submitted by the Board of Commissioners or                 C. The board shall be composed of 11 members. Six
Examiners involving any incident.                                      members of the board shall constitute a quorum, but any
     Notice or Issue Notice or Service―in connection with              decision of the board shall be obtained by a majority vote of
these regulations and the requirements for notice in the APA,          the members of the board.
R.S. 49:955.B, means that all references to the providing and            AUTHORITY NOTE: Promulgated in accordance with R.S.
delivering of service of written documents or pleadings shall          34:1133.A, R.S. 34:1134.A.
be by personal service or certified mail, return receipt                 HISTORICAL NOTE: Promulgated by the Office of the
requested, or by means of a commercial overnight carrier.              Governor, Board of Louisiana River Pilot Review and Oversight
     Party―in connection with an appeal of a formal                    LR 36:
disciplinary adjudication before the Board of Commissioners            §15203. Officers of the Board
or Examiners, means the pilot who is the subject of the                  A. The officers of the board shall be a chairman, a vice
investigation, the Board of Commissioners or Examiners,                chairman, and a secretary/treasurer, who shall be elected at
and the investigator appointed by the Board of                         the first meeting of the board, and annually thereafter.
Commissioners or Examiners.                                              B. Elections of officers shall be held annually. There
     Pilot―as defined in R.S. 1131(3), means those pilots as           shall be no limit to the number of times a member of the
designated in R.S. 34:941, 992, 1041, and 1071.                        board may be elected to any office.
     Prescribed       Medication―controlled         dangerous            C. The duties of the officers shall be:
substance distributed by the authorization of a licensed                    1. Chairman - shall preside at all board meetings and
physician as defined in R.S. 40:961.31.                                shall be the Chief Executive Officer, shall call all board
     Report―any written submission, in the manner                      meetings, shall conduct all meetings in accordance with
prescribed by §152107 of this Subpart prepared by the Board            Robert’s Rules of Order, and shall be the designee of the
of Commissioners or Examiners as follows:                              board with the authority to request reports under the
                                                                       provisions of R.S. 34:1135.C.


Louisiana Register Vol. 36, No. 1 January 20, 2010               100
     2. Vice Chairman - shall act in the absence of the                     1. the title of the Board of Commissioners or
chairman, and shall carry out such other assignments as may            Examiners that prepared and submitted the report;
be delegated or assigned to him by the chairman.                            2. the date of the accident; and
     3. Secretary/Treasurer - shall maintain the minutes of                 3. the name of the pilot.
meetings and financial records, if any, shall prepare and                 E. The contents of the report shall at least contain:
submit the annual report under R.S. 34:1135.I, shall ensure                 1. the date of the meeting of the Board of
that the Board of Commissioners or Examiners maintain                  Commissioners or Examiners;
accident or incident records under R.S. 34:1135.J as                        2. the result of the vote of the Board of
prescribed in §152121.B of this Chapter, shall prepare and             Commissioners or Examiners;
submit accident reports under R.S. 34:1135.K, and shall                     3. the signature of the chairman certifying the results
provide a copy of the board’s rules and regulations to all             of the vote;
state commissioned pilots under R.S. 34:1135.L.                             4. an excerpt of the minutes of the meeting of the
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  Board of Commissioners or Examiners at which a decision
34:1134.C, and R.S. 34:1132.C.                                         was reached, whether that decision be not to act, a consent
  HISTORICAL NOTE: Promulgated by the Office of the                    discipline, or a formal disciplinary adjudication;
Governor, Board of Louisiana River Pilot Review and Oversight               5. the relevant supporting documents:
LR 36:
                                                                               a. if no action, then a copy of the investigator’s
Subchapter B. Powers and Duties
                                                                       findings of fact, and/or report, and/or recommendations that
§15205. Preamble
                                                                       were submitted to the Board of Commissioners or
   A. No provision contained in this Subpart shall limit or
                                                                       Examiners and upon which the decision to take no action
supersede the duties and responsibilities of the Board of
                                                                       was based; or
Commissioners or Examiners. Act 902, 2004 Leg., Regular
                                                                               b. if a consent discipline or similar disposition, then
Session (codified at R.S. 34:1131 et seq.) created the Board
                                                                       the investigator’s report submitted to the Board of
of Louisiana River Pilot Review and Oversight and the
                                                                       Commissioners or Examiners including any findings of the
purpose was to provide review and oversight of decisions by
                                                                       fact and recommendation and the signed consent order; or
the Board of Commissioners or Examiners regarding the
                                                                               c. if an adjudication, then the investigator’s report
actions taken by any pilot while the pilot is acting under his
                                                                       submitted to the Board of Commissioners or Examiners
state commission. The Board, acting in its role, performs its
                                                                       including any findings of the fact and recommendation and a
duty under R.S. 34:1135.C to request, receive, and review
                                                                       copy of the Board of Commissioners’ or Examiners’ decision
reports prepared by the Board of Commissioners or
                                                                       or adjudication order, which may contain findings of fact
Examiners similar to court of appeals in the judicial system
                                                                       and conclusions and recommendations.
but, unlike a court of appeals, also provides a forum for
                                                                          F. After receipt of the report, any individual board
appeals from any party to a formal disciplinary proceeding
                                                                       member may request in writing through the chairman that
before the Board of Commissioners or Examiners, and also
                                                                       the report be supplemented by the Board of Commissioners
provides a forum for sworn complaints to be filed, pursuant
                                                                       or Examiners other relevant materials in the order in which
to its duty under R.S. 34:1135.G to receive sworn complaints
                                                                       such documents were filed, including:
against any pilot.
                                                                            1. the preliminary accident or incident report;
  AUTHORITY NOTE: Promulgated in concurrence with R.S.
34:1135.C, F, G, M.                                                         2. the investigator’s findings of fact, and/or report,
  HISTORICAL NOTE: Promulgated by the Office of the                    and/or recommendations;
Governor, Board of Louisiana River Pilot Review and Oversight               3. the investigator’s formal administrative complaint;
LR 36:                                                                 or
§15207. Reports to the Board                                                4.      the transcript of the hearing.
   A. The Board of Commissioners or Examiners shall                       G.1. The chairman shall forward the individual board
submit reports to the board related to accidents involving             member’s written request for supplemental documents to the
any state commissioned pilot subject to this Rule while the            Board of Commissioners or Examiners and forward a copy
pilot is acting under his state commission, reports as to              to all other members of the board.
consent disciplines agreed to by and between a state                        2. In the event the Board of Commissioners or
commissioned pilot and the Board of Commissioners or                   Examiners is unable or unwilling to provide the requested
Examiners, and reports as to formal disciplinary                       supplemental documents then the board, at its next meeting,
adjudications rendered by the Board of Commissioners or                may review the individual board member’s written request
Examiners.                                                             and the Board of Commissioners or Examiners position and
   B. The chairman of the Board of Commissioners or                    may consider by vote of the board ordering the Board of
Examiners shall submit the executed original report to the             Commissioners or Examiners to produce the requested
board with a copy to each of the members of the board and              documents under §152107.F.
one certified copy to the affected state commissioned pilot.             AUTHORITY NOTE: Promulgated in accordance with R.S.
   C. The form and format of the report shall be set out by            34:1135.C-E, and Uniform Rule 2-1.7.
the board from time to time to allow for changes in                      HISTORICAL NOTE: Promulgated by the Office of the
                                                                       Governor, Board of Louisiana River Pilot Review and Oversight
technology.
                                                                       LR 36:
   D. On the outside of the front cover of each written
                                                                       §15209. Requests from the Board
report, there shall be inscribed with proper separation of
                                                                          A. The board may request, at any time, completed
lines and spaces, and in the following order:
                                                                       reports from the Board of Commissioners or Examiners
                                                                       related to accidents involving any state commissioned pilot
                                                                 101                 Louisiana Register Vol. 36, No. 1 January 20, 2010
subject to this Rule while the pilot is acting under his state          Examiners issued notice of its final decision, and shall serve
commission. Reports are considered completed upon the                   a copy of the notice of appeal on the parties to the formal
Board of Commissioners or Examiners reaching a decision                 disciplinary proceeding.
as set out in §152107.E.4 of this Chapter. As to the                       B. In the event of parallel appeals to the board and the
completed reports, the Board of Commissioners or                        state district court, the board, if it completes its review
Examiners shall submit its report to the Board within 14                before the state district court renders a decision, may
days after receiving a request from the board, if not                   intervene in the state district court’s Appeal to advise the
previously submitted. Additionally, the board may request an            court of its findings.
updated status of any matter reported in an incident report               AUTHORITY NOTE: Promulgated under La. R.S. 34:1135.F,
previously submitted to the board by the Board of                       and R.S. 49:964(1); based on 33 CFR § 20.1001.
Commissioners or Examiners.                                               HISTORICAL NOTE: Promulgated by the Office of the
  B. The board shall issue notice along with an executed                Governor, Board of Louisiana River Pilot Review and Oversight
                                                                        LR 36:
original of each request to the Board of Commissioners or
                                                                        §15215. Procedure for Appeal
Examiners at its official address.
  AUTHORITY NOTE: Promulgated in accordance with 33                        A. An appeal is taken by the timely filing of a notice of
CFR § 20.302, and R.S. 34:1135.C.                                       appeal with the board and the Board of Commissioners or
  HISTORICAL NOTE: Promulgated by the Office of the                     Examiners.
Governor, Board of Louisiana River Pilot Review and Oversight              B. Upon the timely filing of a notice of appeal, the Board
LR 36:                                                                  shall issue notice that the appeal has been timely filed to the
§15211.     Board's Action on Reports of Accidents,                     counsel of all other parties, to the respective Board of
            Consent Disciplines, or Formal Disciplinary                 Commissioners or Examiners, and to any party not
            Adjudications                                               represented by counsel.
   A.1. After receiving a report on any accident, consent                  C. The return day of the appeal shall be 45 days from the
discipline, or formal disciplinary adjudication from the                date notice is given that the testimony is transcribed, which
Board of Commissioners or Examiners, the board shall act                completes the record of proceedings.
on the report at its next meeting, provided it is submitted 30             D. The record of proceedings shall constitute the official
days prior to the meeting, and shall either:                            record on appeal and consists of the transcript of testimony
       a. take no further action, thereby consenting to the             at the hearing, all exhibits received into evidence, any items
action of the submitting Board of Commissioners or                      marked as exhibits and not received into evidence, all
Examiners;                                                              motions, all applications, all requests, the Board of
       b. request additional information under §152109 of               Commissioners or Examiners’ decision, all orders, and all
this Chapter, in which event the Board of Commissioners or              rulings.
Examiners shall submit the additional information within 30                E. The Board of Commissioners or Examiners shall
days of receiving notice from the board, and the report shall           prepare the record of proceedings and lodge it with the
be reconsidered along with the additional information at the            Board on or before the return day. Failure of the chairman of
board’s next meeting provided it is resubmitted 30 days prior           the Board of Commissioners or Examiners to prepare and
to the meeting; or                                                      lodge the record timely on appeal shall not prejudice the
       c. remand the matter to the submitting Board of                  appeal.
Commissioners or Examiners for further investigation or                    F. The record of proceedings prepared by the Board of
proceedings, the results of which are to be submitted to the            Commissioners or Examiners to be lodged with the board
board.                                                                  shall be certified and dated by the chairman of the Board of
     2. The board at its discretion may waive the 30-day                Commissioners or Examiners upon completion.
submission requirement and elect to act on an untimely                     G. Once the record of proceedings has been lodged, the
submitted report. If the board does not waive the 30-day                board shall issue notice to the counsel of all other parties, to
submission requirement, then the untimely report will be                the respective Board of Commissioners or Examiners, and to
considered by the board at its next meeting.                            any party not represented by counsel.
   B. Within 60 days of its meeting, the board shall notify                H. The appeal commences when the Board issues an
the Board of Commissioners or Examiners in writing of its               order granting appeal and issues a notice of appeal to the
action under Subsection A of this Section.                              counsel of all other parties, to the respective Board of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   Commissioners or Examiners, and to other parties not
1135.C-E.                                                               represented by counsel.
  HISTORICAL NOTE: Promulgated by the Office of the                        I. The board and the parties shall provide notice as
Governor, Board of Louisiana River Pilot Review and Oversight           follows:
LR 36:                                                                       1. The board shall serve upon each party to the
§15213.    Appeals from Formal Disciplinary                             proceeding a copy of each document issued by the board in
           Adjudications                                                the proceeding.
  A. Any aggrieved party to a formal disciplinary                            2. Unless the board orders otherwise, each person
proceeding before the Board of Commissioners or                         filing a document with the secretary/treasurer shall serve
Examiners has the right, at the party’s discretion, to obtain a         upon each party a copy of it.
review of the final decision of the Board of Commissioners                   3. If a party filing a document must serve a copy of it
or Examiners by filing a written notice of appeal with the              upon each party, each copy must bear a certificate of service,
board. The party shall file the notice of appeal with the board         signed by or on behalf of the filing party, stating that he has
within 45 days after the Board of Commissioners or                      so served it.
Louisiana Register Vol. 36, No. 1 January 20, 2010                102
   J. The secretary/treasurer of the board shall post the                       B. The board shall receive any sworn complaint from
calendar of assignments for hearing at the official address of               any source against a state commissioned pilot while in the
the board and issue notice to all counsel of record, and to                  performance of his duties, including acts of misconduct,
any party not represented by counsel, not less than 30 days                  carelessness, incompetence, intoxication, negligence, or the
prior to the date fixed for the hearing of an appeal on the                  refusal to offer timely pilotage services without just cause,
calendar, provided, however, that the 30 day notice herein                   and any sworn complaint against a pilot for abuse of legally
shall not be applicable when there will be no oral argument.                 prescribed medication and/or illegal use of controlled
   K. Public notice. Upon the granting of an appeal under                    dangerous substances.
R.S. 34:1135.F, the board shall provide public notice of the                    C. Any sworn complaint submitted by any source to the
hearing. The notice shall be posted in the domicile of the                   board shall be typewritten and submitted on plain paper and
board, at the official address of the board and provided to                  shall include the date and time of the incident, a description
anyone who may request notice.                                               of what happened, the type of incident, casualties, location,
   L. Preparation of Briefs. The procedures for filing briefs,               conditions, name of vessel piloted, if known, any other
requesting and conducting oral arguments, and serving                        vessels, structures, or objects involved, the name of the pilot,
notice shall be taken in the same manner as in any civil                     if known, and any allegations against the pilot, and shall be
appeal under the Louisiana Uniform Rules of Court for the                    given in writing and under oath before a notary public in
Courts of Appeal, as they exist now and as they may be                       which the complainant swears to the truthfulness of the
amended.                                                                     allegations, subject to the penalties for perjury.
   M. Hearings. The board may order oral argument based                         D. If a sworn complaint is not submitted in the
on the record of proceedings submitted. The order of                         prescribed manner, the board shall return it, with an
argument, length of time, reading from briefs, and use of                    explanation of error, and without prejudice to the sender to
textual materials and exhibits shall be in the same manner as                properly refile.
in any civil appeal under the Louisiana Uniform Rules of                       AUTHORITY NOTE: Promulgated under La. R.S. 34:1135.G.
Court for the Courts of Appeal, as they exist now and as they                  HISTORICAL NOTE: Promulgated by the Office of the
may be amended.                                                              Governor, Board of Louisiana River Pilot Review and Oversight
   N. Actions Available to the board. In an appeal,                          LR 36:
following notice and a hearing, the board may acquit the                     §15219. Board’s Action on Sworn Complaints
pilot or may impose its own sanctions against a pilot,                          A. After receiving a sworn complaint as defined in
including but not limited to reprimand of the pilot, ordering                §150105 of this Subpart from any source, the board shall act
pilot to participate in remedial training, impose a fine not to              on the complaint at its next meeting provided it is submitted
exceed $10,000.00, order the pilot to pay the costs of the                   at least 30 days prior to the meeting. Within 60 days of its
hearings inclusive of attorney fees, or recommend to the                     meeting, the board shall notify the complainant and the
governor that the pilot’s commission be suspended or                         respective Board of Commissioners or Examiners in writing
revoked.                                                                     of its action to either:
   O. Decision or Judgment. The board shall render a                              1. refer the matter to the appropriate Board of
decision or judgment as to an appeal at the hearing or at its                Commissioners or Examiners for investigation, the results of
next meeting, which shall include findings of fact and                       which are to be submitted to the board in the form of a
conclusions of law. Findings of fact, if set forth in statutory              report; or
language, shall be accompanied by a concise and explicit                          2. conduct investigations and, if necessary, conduct
statement of the underlying facts supporting the findings. If,               hearings pursuant to the Administrative Procedure Act and
in accordance with the rules of the board, a party submitted                 the rules adopted by the board.
proposed findings of fact, the decision shall include a ruling                  B. Conducting Investigations – After the board makes a
upon each proposed finding.                                                  decision under §152119.A.2 of this Chapter, the board may
   P. Notice of Judgment. Notice of the judgment of the                      begin its investigation under the following procedures:
board shall be issued by the board to all counsel of record, to                   1. The board may appoint an investigating officer to
the respective board of Commissioners or Examiners, and to                   investigate the complaint and report to the board.
all parties not represented by counsel. The board shall file a                    2. Following the board’s decision to conduct an
certificate in the record showing the date on which and the                  investigation under §152119.A.2 of this Chapter, above, and
names of all parties or persons to whom the notice of                        prior to the acceptance of an administrative complaint,
judgment was delivered or mailed.                                            which begins the commencement of administrative
  AUTHORITY NOTE: Promulgated in accordance with 33                          proceedings and noted in §152119.I of this Chapter, the
CFR §20.304, 33 CFR §20.401, 33 CFR §20.402, 33 CFR §20.903,                 Board shall follow the provisions of the Louisiana Open
C. Civ. P. Art. 2121, C. Civ. P. Art. 2125, C. Civ. P. Art. 2127, C.         Meetings Law, R.S. 42:6.1(A)(4), which provides that
Civ. P. Art. 2127.1, R.S. 34:1135.F, R.S. 49:964(1) based on 33              investigative proceedings regarding allegations of
CFR §20.1001, R.S. 49:958, La. Uniform Rules, Courts of Appeal               misconduct may be held in an executive session pursuant to
2-11.9.                                                                      R.S. 42:6.
  HISTORICAL NOTE: Promulgated by the Office of the                               3. If the board, or its designated investigating officer,
Governor, Board of Louisiana River Pilot Review and Oversight
                                                                             is of the opinion that the complaint, if true, is sufficient to
LR 36:
                                                                             justify a further investigation, it shall appoint an
§15217. Sworn Complaints to the Board
                                                                             investigating officer, or authorize its designated investigating
  A. Any source may file a sworn complaint within one
                                                                             officer to conduct a full investigation of the complaint.
year of the alleged acts complained of.


                                                                       103                 Louisiana Register Vol. 36, No. 1 January 20, 2010
      4. Once authorized under §152119.B.2 of this                            H. If the board rejects the administrative complaint, the
Chapter, the investigating officer, who may be an active or                case may be either dismissed or referred back to the
retired member of Board of Examiners of Bar Pilots for the                 investigating officer for further investigation.
Port of New Orleans, the Board of River Port Pilot                            I. Administrative Proceedings Commence: If the board
Commissioners for the Port of New Orleans, the Board of                    accepts the administrative complaint, the board shall docket
Examiners for the New Orleans and Baton Rouge Steamship                    the administrative complaint and schedule the administrative
Pilots for the Mississippi River, or the Board of River Port               complaint for hearing before the board not less than 45 days
Pilot Commissioners and Examiners for the Calcasieu River                  nor more than 180 days thereafter; provided, however, that
Waterway. He shall be assisted by an attorney, named as                    such time may be lengthened or shortened as the board
independent prosecutor by the board. In the event that the                 determines may be necessary or appropriate to protect the
investigating officer, as contemplated by either §152119.B                 public interest or upon motion of the investigating officer or
of this Chapter, is an active member of the board, he shall be             respondent pursuant to a showing of proper grounds. In the
recused from any participation in the decision of the case.                event the respondent's commission as a pilot has been
      5. If the investigating officer is of the opinion that the           suspended by the board pending hearing, the evidentiary
conduct in question is not sufficient to justify further                   hearing on the administrative complaint shall be noticed and
proceedings, he shall make a reasoned report to the board,                 scheduled not more than 45 days after the filing of the
which may accept or reject his recommendation.                             administrative complaint.
   C. If the investigating officer is of the opinion that the                 J. A written notice of the administrative complaint and
conduct complained of is sufficient to justify further                     the time, date, and place of the scheduled hearing thereon
proceedings and the board has accepted his                                 shall be served upon the respondent and the Board of
recommendations, or if the board has rejected his                          Commissioners or Examiners. The notice shall include a
recommendation to dismiss the complaint, he shall give                     statement of the legal authority and jurisdiction under which
notice to the state commissioned pilot, the Board of                       the hearing is to be held, and shall be accompanied by a
Commissioners or Examiners, and the complainant, by                        certified copy of the administrative complaint.
regular mail, of the facts or conduct on which the complaint                  K. The case shall be prosecuted by the independent
is based, and offer the pilot an opportunity to show                       prosecutor, also referred to as administrative complaint
compliance with the laws or regulations allegedly violated.                counsel, who shall handle the case to its conclusion. He shall
If, in the opinion of the investigating officer, the pilot is able         be entirely independent of the authority of the Board in
to demonstrate such compliance, then the investigating                     going forward with the matter, and may conduct such further
officer shall make a report to the board, recommending to                  investigation, and prepare and try the case in such manner as
the board that the complaint be dismissed. The board may                   he may deem appropriate.
accept or reject the recommendation of the investigating                      L. Within 15 days of service of the administrative
officer.                                                                   complaint, or such longer time as the board, on motion of the
   D. If the state commissioned pilot is unable to                         respondent, may permit, the respondent may answer the
demonstrate such compliance, or if the board rejects the                   administrative complaint, admitting or denying each of the
recommendation of the investigating officer to dismiss the                 separate allegations of fact and law set forth therein. Any
complaint, the investigating officer shall, with the assistance            matters admitted by respondent shall be deemed proven and
of the board-appointed prosecutor, initiate proceedings by                 established for purposes of adjudication. In the event that the
filing a written administrative complaint with the board,                  respondent does not file a response to the administrative
which shall be signed by the investigating officer.                        complaint, all matters asserted therein shall be deemed
   E. The written administrative complaint shall name the                  denied.
accused state commissioned pilot as respondent in the                         M. Any respondent may be represented in an
proceedings. It shall also set forth, in separately numbered               adjudication proceeding before the board by an attorney at
paragraphs, the following:                                                 law duly admitted to practice in the State of Louisiana. Upon
      1. a concise statement of material facts and matters                 receipt of service of an administrative complaint pursuant to
alleged and to be proven by the investigating officer,                     these rules, or thereafter, a respondent who is represented by
including the facts giving rise to the board's jurisdiction over           legal counsel with respect to the proceeding shall, personally
the respondent;                                                            or through such counsel, give written notice to the Board of
      2. the facts constituting legal cause under law for                  the name, address, and telephone number of such counsel.
administrative action against the respondent; and                          Following receipt of proper notice of such representation, all
      3. the statutory or regulatory provisions alleged to                 further notices, administrative complaints, subpoenas or
have been violated by respondent.                                          other process related to the proceeding shall be served on
   F. The administrative complaint shall conclude with a                   respondent through his or her designated counsel of record.
request for the administrative sanction sought by the                         N. All pleadings, motions or other papers permitted or
investigating officer, and shall state the name, address, and              required to be filed with the board in connection with a
telephone number of administrative complaint counsel (the                  pending adjudication proceeding shall be filed with the
prosecutor) engaged by the board to present the case at the                office of the board and shall by the same method of delivery
evidentiary hearing before the board.                                      be concurrently served upon administrative complaint
   G. The board may either accept or reject the                            counsel designated by the administrative complaint, if filed
administrative complaint.



Louisiana Register Vol. 36, No. 1 January 20, 2010                   104
by or on behalf of the respondent, or upon respondent,                      5. Pre-hearing motions shall ordinarily be ruled upon
through counsel of record, if any, if filed by administrative          by the presiding officer or the board, as the case may be, on
complaint counsel.                                                     the papers filed without hearing. On the written request of
     1. All such pleadings, motions or other papers shall be           respondent or of administrative complaint counsel, however,
submitted on plain white letter-size (8 1/2" x 11") bond, with         and on demonstration that there are good grounds therefore,
margins of at least one inch on all sides, and double spaced           the presiding officer may grant opportunity for hearing by
except as to quotations and other matters customarily single           oral argument on any pre-hearing motion.
spaced, shall bear the caption and docket number of the case              P. Upon request of the respondent or administrative
as it appears on the administrative complaint, and shall               complaint counsel and compliance with the requirements of
include the certificate of the attorney or person making the           this Section, the chairman of the board or the presiding
filing that service of a copy of the same has been effected in         officer shall sign and issue subpoenas in the name of the
the manner prescribed by Subsection N of this Section.                 board requiring the attendance and giving of testimony by
     2. The board may refuse to accept for filing any                  witnesses and the production of books, papers, and other
pleading, motion or other paper not conforming to the                  documentary evidence at an adjudication hearing.
requirements of this Section and shall return such filing to              Q. No subpoena shall be issued unless and until the party
the sender with an explanation of error and without                    who wishes to subpoena the witness first deposits with the
prejudice.                                                             board a sum of money sufficient to pay all fees and expenses
   O. Motions: Motions for continuance of hearing, for                 to which a witness in a civil case is entitled pursuant to R.S.
dismissal of the proceeding, and all other pre-hearing                 13:3661 and R.S. 13:3671. Witnesses subpoenaed to testify
motions shall be filed not later than 30 days following                before the board only to an opinion founded on special study
service of the administrative complaint on the respondent or           or experience in any branch of science, or to make scientific
15 days prior to the hearing, whichever is earlier. Each pre-          or professional examination, and to state the results thereof,
hearing motion shall be accompanied by a memorandum                    shall receive such additional compensation from the party
which shall set forth a concise statement of the grounds upon          who wishes to subpoena such witnesses as may be fixed by
which the relief sought is based and the legal authority               the board with reference to the value of time employed and
therefore. A motion may be accompanied by an affidavit as              the degree of learning or skill required.
necessary to establish facts alleged in support of the motion.            R. In any case of adjudication noticed and docketed for
Within 10 days of the filing of any such motion and                    hearing, counsel for respondent and administrative
memorandum or such shorter time as the board may order,                complaint counsel may agree, or the presiding officer may
the investigating officer, through administrative complaint            require, that a pre-hearing conference be held among such
counsel, may file a memorandum in opposition to or                     counsel, for the purpose of simplifying the issues for hearing
otherwise setting forth the investigating officer's position           and promoting stipulations as to facts and proposed
with respect to the motion.                                            evidentiary offerings which will not be disputed at hearing.
     1. A motion for continuance of hearing shall be filed                S. Following such pre-hearing conference the parties
within the delay prescribed by this Subpart, provided that the         shall, and without such conference the parties may, agree in
board may accept the filing of a motion for continuance at             writing on a pre-hearing stipulation which should include:
any time prior to hearing upon a showing of good cause not                  1. a brief statement by administrative complaint
discoverable within the time otherwise provided for the                counsel as to what such counsel expects the evidence to be
filing of pre-hearing motions.                                         presented against respondent to show;
     2. A scheduled hearing may be continued by the board                   2. a brief statement by respondent as to what the
only upon a showing by respondent or administrative                    evidence and arguments in defense are expected to show;
complaint counsel that there are substantial legitimate                     3. a list of the witnesses to be called by administrative
grounds that the hearing should be continued, balancing the            complaint counsel and by respondent, together with a brief
right of the respondent to a reasonable opportunity to                 general statement of the nature of the testimony each such
prepare and present a defense to the complaint and the                 witness is expected to give;
board's responsibility to protect the public health, welfare                4. any stipulations which the parties may be able to
and safety. Except in extraordinary circumstances evidenced            agree upon concerning undisputed claims, facts, testimony,
by verified motion or accompanying affidavit, the board will           documents, or issues; and
not ordinarily grant a motion to continue a hearing that has                5. an estimate of the time required for the hearing.
been previously continued upon motion of the same party.                  T. Adjudication hearings, being the hearings conducted
     3. If an initial motion for continuance is not opposed,           on the merits of the administrative complaint, shall be
it may be granted by the presiding officer.                            conducted in open session in accordance with the Louisiana
     4. Any pre-hearing motion, other than an unopposed                Open Meetings Law, R.S. 42:6.
initial motion for continuance of hearing which may be                    U. Adjudication hearings, including the presentation of
granted by the chairman of the board, shall be referred for            facts and arguments, examination and cross-examination of
decision to the board member designated by the board as the            witnesses, offering and introduction of evidence and
presiding officer of the board with respect to the proceeding          exhibits, testimony, rulings on evidentiary and procedural
for ruling. The presiding officer in each matter before the            questions, compiling of the record, findings of fact,
board may, in his discretion, refer any pre-hearing motion to          weighing of evidence and notice of facts, administration of
the board for disposition, and any party aggrieved by the              oaths, and regulation of the hearing shall be conducted in
decision of a presiding officer on a pre-hearing motion may            accordance with the provisions of the APA, R.S. 49:955 to
request that the motion be reconsidered by the entire board.           956, except that Notice as defined in §150105 of this

                                                                 105                 Louisiana Register Vol. 36, No. 1 January 20, 2010
Subpart shall govern all requirements concerning notice,                        1. The report shall identify the accident and location,
issue of notice, and service. Additionally, the use of the term            the pilot involved, a description of the damage sustained,
―agency‖ or ―agencies‖ in the APA shall mean board, and                    and the action taken by the board or the Board of
R.S. 49:956(d) is modified in part by the provisions of R.S.               Commissioners or Examiners. The annual report shall be
34:1135.N.                                                                 submitted on or before the last day of February for accidents
   V. Except as otherwise governed by the provision of                     occurring during the previous year.
these rules, adjudication hearings before the board shall be                    2. The report shall be submitted in whatever form the
governed by the Louisiana Code of Evidence, insofar as the                 Department of Transportation and Development may
same may be applied, and the provisions of APA, R.S.49:960                 require.
shall be applicable to the board and the parties and use of the               C. The board shall submit an accident report to the
term ―agency‖ or ―members‖ or ―employees‖ shall mean                       general counsel of the Department of Transportation and
board, board members, and staff.                                           Development in those accidents in which state property is
   W. In any adjudication hearing, the board’s deliberations               involved or damaged as soon as practically possible.
may be held in executive session pursuant to R.S.                               1. The report shall include a description of the
42:6.1.A(1).                                                               circumstances surrounding the accident, including but not
   X. In any adjudication hearing, the board’s decision shall              limited to the time and location, the state property involved
be in an open meeting.                                                     or damaged, the name of the pilot, the name of the vessel,
   Y. Following notice and a hearing, the board may either:                the name of the vessel’s agent, and the name of the insurer of
     1. acquit the pilot; or                                               the vessel.
     2. impose sanctions against the pilot, including but not                   2. The report shall be submitted in whatever form the
limited to reprimand of the pilot, order the pilot to                      Department of Transportation and Development may
participate in remedial training, impose a probationary                    require.
period, impose a fine not to exceed $10,000 order the pilot to               AUTHORITY NOTE: Promulgated based on R.S. 34:1135.I,
pay the costs of the hearings inclusive of attorney fees, or               R.S. 34:1135.K.
recommend to the governor that the pilot’s commission be                     HISTORICAL NOTE: Promulgated by the Office of the
suspended or revoked.                                                      Governor, Board of Louisiana River Pilot Review and Oversight
                                                                           LR 36:
     3. The board shall have the authority to suspend a
                                                                           §15223. Rules Supplied to State Commissioned Pilots
pilot’s commission in the event of an emergency pursuant to
                                                                              A. The board shall provide to all state commissioned
the emergency procedures set out in the APA, R.S. 49:961,
                                                                           pilots a copy of the board’s rules and regulations.
which provides that no revocation, suspension, annulment,
                                                                              B. In compliance therewith the Board of Examiners or
or withdrawal of any state commission is lawful unless, prior
                                                                           Commissioners shall on behalf of the board furnish the state
to the institution of agency proceedings, the board gives
                                                                           commissioned pilots they regulate a copy of the board’s
notice by mail to the state commissioned pilot of facts or
                                                                           rules and regulations.
conduct which warrant the intended action, and the state
                                                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
commissioned pilot is given an opportunity to show                         34:1135.L.
compliance with all lawful requirements for the retention of                 HISTORICAL NOTE: Promulgated by the Office of the
the state commission. If the board finds that public health,               Governor, Board of Louisiana River Pilot Review and Oversight
safety, or welfare imperatively requires emergency action,                 LR 36:
and incorporates a finding to that effect in its order,                    §15225. Evidentiary Issues
summary suspension of a state commission may be ordered                      A. Considering the purpose of the board and the Boards
pending proceedings for revocation or other action. These                  of Commissioners or Examiners is to regulate state
proceedings shall be promptly instituted and determined.                   commissioned pilots and not to determine issues of liability
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      or negligence, certain prohibitions concerning the use of its
34:1135.G, R.S. 34:1135.N, R.S. 42:6.1, R.S. 42:6, R.S.                    reports and testimony from their members and employees
42:6.1(A)(4), R.S. 49:961.C, R.S. 49:955-56, Pilot Rules, Title 46         are hereby adopted:
§304.
                                                                                1. The discovery of and admissibility as evidence in a
  HISTORICAL NOTE: Promulgated by the Office of the
Governor, Board of Louisiana River Pilot Review and Oversight              civil proceeding of the reports of the board or the Board of
LR 36:                                                                     Commissioners or Examiners (other than in an
§15221. Annual Reports                                                     administrative proceeding initiated by the board or the Board
  A. In compliance with R.S. 34:1135.I, the board requires                 of Commissioners or Examiners) involving a state
that the Board of Commissioners or Examiners maintain a                    commissioned pilot is prohibited. The term "reports"
permanent accident or incident record on each pilot it                     includes findings of fact, opinions, recommendations,
regulates as well as an accident investigation file as long as             deliberations, and conclusions.
the pilot involved has a state pilot commission. The board                      2. The use of any form of discovery, including
shall have access to these records.                                        depositions of members of the board or the Board of
  B. The board shall submit an annual report to the general                Commissioners or Examiners, its employees, investigators,
counsel of the Department of Transportation and                            counsel, and prosecutors, and the compelling or allowing of
Development on any accident investigation.                                 their testimony in any civil or administrative proceeding




Louisiana Register Vol. 36, No. 1 January 20, 2010                   106
relevant to the performance of their duties is prohibited, their              FISCAL AND ECONOMIC IMPACT STATEMENT
testimony is not admissible, and the report is not considered                        FOR ADMINISTRATIVE RULES
the report of an expert.                                                             RULE TITLE: General Provisions
     3. The board and the Board of Commissioners or
Examiners, as well as its members, employees, investigators,             I.   ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO
counsel, and prosecutors may enforce these provisions by                      STATE OR LOCAL GOVERNMENT UNITS (Summary)
means of injunctive relief.                                                       A cost of approximately $1,428 will be incurred by the
     4. If the court grants injunctive relief as sought by the                Board of Louisiana River Pilot Review and Oversight to
                                                                              publish these rules and regulations in the Louisiana Register.
board and the Board of Commissioners or Examiners, or any                     Funds are available for this one-time cost.
of its members, employees, investigators, counsel, and                   II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE
prosecutors, the court may award to the board, the Board of                   OR LOCAL GOVERNMENTAL UNITS (Summary)
Commissioners or Examiners, or any of its members,                                The proposed rules and regulations should have no effect
employees, investigators, counsel, or prosecutors attorneys                   on revenue collections of state or local governmental units.
fees and costs incurred against the party attempting to use                   However, to the extent that the rules and regulations result in
the information prohibited in R.S. 34:1135.N.1.                               the monetary sanctioning of state commissioned officers,
  AUTHORITY NOTE: Promulgated in accordance with R.S.                         revenues to the board will be generated in a indeterminable
34:1135.N.                                                                    amount. R.S. 34:1136 provides the board with the authority to
  HISTORICAL NOTE: Promulgated by the Office of the                           administer, implement and enforce the provisions of R.S.
Governor, Board of Louisiana River Pilot Review and Oversight                 34:1131 et seq., with any self-generated funds or such other
LR 36:                                                                        funds made available to the board through grants, allocations or
                  Family Impact Statement                                     appropriations from the United States government or donations,
   The proposed Rule of the Board of Louisiana River Pilot                    grants, or other forms of assistance from private foundations or
                                                                              other sources. Any such funds received as a result of actions
Review and Oversight is new and should not have any                           taken by the board as a result of these rules and regulations will
known or foreseeable impact on any family as defined by                       be utilized in accordance with R.S. 34:1136.
R.S. 49:972.D or on family formation, stability, and                     III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
autonomy. Specifically there should be no known or                            DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL
foreseeable effect on:                                                        GROUPS (Summary)
     1. the stability of the family;                                              State commissioned pilots as defined in R.S. 34:1131(3)
     2. the authority and rights of parents regarding the                     will be directly affected by these rules and regulations as they
education and supervision of their children;                                  are the persons for which the Board of Louisiana River Pilot
     3. the functioning of the family;                                        Review and Oversight provides review and oversight. Among
                                                                              the board's powers, functions, duties and responsibilities as set
     4. family earnings and family budget;                                    forth in R.S. 34:1135 and these proposed rules and regulations,
     5. the behavior and personal responsibility of                           the board has the authority, following notice and a hearing, to
children;                                                                     acquit a pilot or impose sanctions against a pilot, including but
     6. the ability of the family or a local government to                    not limited to reprimand of the pilot, ordering the pilot to
perform the function as contained in the proposed rules and                   participate in remedial training, impose a probationary period,
regulations.                                                                  impose a fine not to exceed $10,000, order the pilot to pay the
                  Small Business Statement                                    costs of hearings, inclusive of attorney fees, or recommend the
   The impact of the proposed Rule on small businesses as                     governor suspend or revoke the pilot's commission and suspend
defined in the Regulatory Flexibility Act has been                            a pilot's commission in the case of an emergency pursuant to
                                                                              the emergency procedures of the Administrative Procedure Act.
considered. It is estimated that the proposed action is not                       These rules and regulations provide the specified
expected to have a significant adverse impact on small                        procedures by which the board requests, receives, and reviews
businesses.                                                                   actions as they relate to commissioned pilots, as well as making
                      Public Comments                                         decisions that may economically affect commission pilots in
   All interest persons are invited to submit written                         the form of sanctions. The purpose of the sanctions is to deter
comments on the proposed Rule. Such comments must be in                       poor performance by commissioned pilots and to provide for
writing and received no later than Friday, February 5, 2010,                  the safety of all people.
at 4:30 p.m. and should be sent to Chris Barbier, Legal                  IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT
Assistant, Board of Louisiana River Pilot Review and                          (Summary)
                                                                                  The proposed rules and regulations may have an impact on
Oversight, 201 St. Charles Ave., 31st Floor, New Orleans,                     employment of current state commissioned pilots. Those
LA 70170.                                                                     commissioned pilots who violate these rules and regulations
                        Public Hearing                                        may have their commission affected due to disciplinary action
   A public hearing will be held on Thursday, February 25,                    taken by this board, the Board of Commissioners, the Board of
2010 at 10 a.m. at 201 St. Charles Ave., 31st Floor, New                      Examiners or the governor. To the extend that the rules and
Orleans, LA 70170, to receive comments on the proposed                        regulations result in the sanctioning of state commissioned
rules and regulations. All interested persons will be afforded                pilots there may be negative effects on the employment of state
an opportunity to submit data, views, or arguments, orally or                 commissioned pilots in that the state commissioned pilots may
in writing at said hearing.                                                   be reprimanded, ordered to participate in remedial training,


                            Richard Ganucheau
                            Chairman


                                                                   107                  Louisiana Register Vol. 36, No. 1 January 20, 2010
   placed on probation, fined, ordered to pay the costs of hearings,         certificate shall be dated not more than six months prior to
   license suspension or revocation by the governor, or in the case          the scheduled event and said certificate is to be presented at
   of emergencies license suspension by the board.                           the time of "weigh in."
                                                                                B. A promoter shall provide insurance and pay all
Judge Richard Ganucheau                H. Gordon Monk
Chairman                               Legislative Fiscal Officer
                                                                             deductibles for contestants to cover medical, surgical, and
1001#016                               Legislative Fiscal Office             hospital care with a minimum limit of $10,000 for injuries
                                                                             sustained while participating in a contest and $10,000 to a
                   NOTICE OF INTENT                                          contestant’s estate if he dies of injuries suffered while
                                                                             participating in a contest. The Commission recommends
                 Office of the Governor                                      health and accidental death benefits of $100,000. At least 10
            Boxing and Wrestling Commission                                  calendar days before an event the promoter shall provide to
                                                                             the department for each event to be conducted, a certificate
               Boxing and Wrestling Standards                                of insurance showing proper coverage. The promoter shall
              (LAC 46:XI.Chapters 1, 3, and 7)                               supply to those participating in the event the proper
                                                                             information for filing a medical claim. The promoter must
   The Louisiana State Boxing and Wrestling Commission                       keep records proving the proper insurance information was
does hereby exercise the provisions of the Administrative                    filed with contestant and/or medical facility; if promoter
Procedure Act, R.S. 49:950 et seq., to adopt the following                   fails to provide proof that contestant and/or medical facility
rules. The Louisiana State Boxing and Wrestling                              has received the insurance information, promoter will bear
Commission, by this Notice of Intent, will make changes to                   the burden of paying all costs associated with medical
Chapter 1. General Rules, Chapter 3. Professional Boxing to                  treatment of injured party.
join with all sanctioning bodies that have now adopted the                      C. Medical Suspensions
Association of Boxing Commissions (ABC) Referee Rules                             1. A contestant losing by way of a technical knockout
and Guidelines for boxing bouts concerning weight classes,                   (TKO) resulting from head blows may receive a medical
weight differences, glove weights, accidental fouls. This                    suspension and may not participate in any ring sport activity
Notice of Intent will correct an editing error that omitted a                for a minimum of 30 days. A contestant losing by way of a
previously promulgated rule on Hepatitis B and C in §108.                    knock out (KO) may receive a medical suspension and may
Medical Requirements; will express this Commission’s                         not participate in any ring sport activity for a minimum
insurance requirement recommendations; and will instruct                     period of 60 days. At the discretion of the physician, longer
promoters on proof of medical information received by                        suspension periods may be issued for either the TKO or KO.
contestants and address medical suspensions for contestants                       2. A ringside physician may issue a medical
                                                                             suspension any time he/she believes it to be in the best
who have suffered technical knock outs and knock outs. This
                                                                             interest for the safety of a contestant (i.e., high blood
Notice of Intent will also specify mandatory rest periods
                                                                             pressure at pre-fight physical). In any/all cases, the decision
between bouts and this commission’s duty to deny any
                                                                             by the physician to issue or extend a suspension is final.
contestant a license if contestant has previously been denied                     3. The commission may deny a contestant a license if
a license due to medical issues; add safety and inspection                   their license to participate or compete has been denied,
rules pursuant to cages and rings; require promoters to                      refused or disciplined for a medical condition by another
register events with recognized national registries seven days               state, tribal athletic commission, territory, federal agency or
prior to events for review of disciplinary and medical                       country.
suspensions; add language to appoint event coordinators if                      AUTHORITY NOTE: Promulgated in accordance with R.S.
deemed necessary by the commission and the fees paid by                      4:61.D, R.S. 4:64 and R.S. 4:67.
the promoter thereof; deletion of MTE amateur event rules                       HISTORICAL NOTE: Promulgated by the Office of the
deemed unnecessary and repetitive. An addition will also be                  Governor, Boxing and Wrestling Commission, LR 32:242
                                                                             (February 2006), amended by the Department of Economic
made to the General Rules requiring all boxing officials
                                                                             Development, Boxing and Wrestling Commission, LR 34:1601
must be appointed and/or approved by this Commission.                        (August 2008), LR 35:53 (January 2009), amended by the Office of
   This proposed Rule will also delete and consolidate                       the Governor, Boxing and Wrestling Commission, LR 36:
redundant rules in Chapters 1, 3, and 7 as well make minor                   §111. Event Coordinator
changes to update these new rules to reflect the norms                         A. The commission may appoint an event coordinator for
accepted by national associations regulating oversight of                    any event the commission deems necessary at a fee not to
ring sports.                                                                 exceed more than $350 per event to be paid by the promoter
                           Title 46                                          of said event.
        PROFESSIONAL AND OCCUPATIONAL                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                        STANDARDS                                            4:61(D), R.S. 4:64 and R.S. 4:79.
               Part XI. Boxing and Wrestling                                    HISTORICAL NOTE: Promulgated by the Office of the
Chapter 1.       General Rules                                               Governor, Boxing and Wrestling Commission, LR 36:
§108. Medical Requirements                                                   §123. Ringside Physicians
   A. Each contestant participating in any sport under this                    A. - C. …
commission's jurisdiction must furnish to the commission                       D. Medical Suspensions (see           §108.C.1-3, Medical
physician a certified medical certificate evidencing that the                Requirements)
                                                                                AUTHORITY NOTE: Promulgated in accordance with R.S.
contestant has been tested for HIV, Hepatitis B, and
                                                                             4:61(D), R.S. 4:64 and R.S. 4:70.
Hepatitis C and said test results are negative. Said test and
Louisiana Register Vol. 36, No. 1 January 20, 2010                     108
  HISTORICAL NOTE: Adopted by the Department of                                                           Weight Difference     Glove
Commerce, Boxing and Wrestling Commission 1967, amended                           Weight Class               Allowance          Weight
1974, amended by the Department of Economic Development,                         Bantamweight              not more than
Boxing and Wrestling Commission, LR 22:697 (August 1996), re-               (over 115 to 118 pounds)          3 pounds           8 oz.
promulgated by the Office of the Governor, Boxing and Wrestling               Super Bantamweight           not more than
Commission, LR 31:2003 (August 2005), amended LR 36:                        (over 118 to 122 pounds)          4 pounds           8 oz.
                                                                                 Featherweight             not more than
§125. Event Approval                                                        (over 122 to 126 pounds)          4 pounds           8 oz.
  A. - B. …                                                                   Super Featherweight          not more than
    1. Ring officials (judges, referees, etc.) for all ring                 (over 126 to 130 pounds)          4 pounds           8 oz.
sports under the jurisdiction of this commission will be                           Lightweight             not more than
appointed and/or approved by the commission.                                (over 130 to 135 pounds)          5 pounds           8 oz.
                                                                               Super Lightweight           not more than
  C. - D. …                                                                 (over 135 to 140 pounds)          5 pounds           8 oz.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                            Welterweight             not more than
4:61.D and R.S. 4:64.                                                       (over 140 to 147 pounds)          7 pounds           8 oz.
   HISTORICAL NOTE: Promulgated by the Office of the                          Super Welterweight           not more than
Governor, Boxing and Wrestling Commission, LR 31:2004 (August               (over 147 to 154 pounds)          7 pounds           10 oz.
2005), amended LR 36:                                                             Middleweight             not more than
§135. Safety                                                                (over 154 to 160 pounds)          7 pounds           10 oz.
   A. …                                                                       Super Middleweight           not more than
                                                                            (over 160 to 168 pounds)          7 pounds           10 oz.
   B. The commission will inspect all cages and rings prior                    Light Heavyweight           not more than
to any events to ensure safety and stability.                               (over 168 to 175 pounds)          7 pounds           10 oz.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                           Cruiserweight             not more than
4:61(D) and R.S. 4:64.                                                      (over 175 to 200 pounds)         12 pounds           10 oz.
   HISTORICAL NOTE: Adopted by the Department of                                  Heavyweight
Commerce, Boxing and Wrestling Commission 1967, amended                        (over 200 pounds)               no limit          10 oz.
1974, amended by the Department of Economic Development,
Boxing and Wrestling Commission, LR 22:697 (August 1996), re-              AUTHORITY NOTE: Adopted in accordance with R.S.
promulgated by the Office of the Governor, Boxing and Wrestling         4:61(D) and R.S. 4:64.
Commission, LR 31:2005 (August 2005), amended LR 36:                       HISTORICAL NOTE: Adopted by the Department of
Chapter 3.      Professional Boxing                                     Commerce, Boxing and Wrestling Commission 1967, amended
§305. Contestant                                                        1974, amended by the Department of Economic Development,
  A. - B.3. …                                                           Boxing and Wrestling Commission, LR 22:697 (August 1996),
  C.       Boxers may receive a mandatory seven day rest                amended by the Office of the Governor, Boxing and Wrestling
                                                                        Commission, LR 36:
period after competing in an event. Day one of the
                                                                        §321.      Fouls, Deductions of Points Because of a Foul
mandatory rest period shall commence on the first day
following the event.                                                               and Accidental Fouling
   AUTHORITY NOTE: Adopted in accordance with R.S.                         A. - I.1. …
4:61(D) and R.S. 4:64.                                                       2. If the referee determines that the bout may not
   HISTORICAL NOTE: Adopted by the Department of                        continue because of an injury suffered as the result of an
Commerce, Boxing and Wrestling Commission 1967, amended                 accidental foul, the bout will result in a no decision if
1974, amended by the Department of Economic Development,                stopped before three completed rounds in bouts scheduled
Boxing and Wrestling Commission, LR 22:697 (August 1996).,              for four rounds. Rounds are complete when the bell rings
amended by the Office of the Governor, Boxing and Wrestling             signifying the end of a round. If a bout is scheduled for more
Commission, LR 36:                                                      than four rounds and an accidental foul occurs causing an
§307.    Weight Classes, Weight Differences, and Glove                  injury severe enough for the referee to stop the bout
         Weights                                                        immediately, the bout will result in a no decision if stopped
   A. No contest may be scheduled and no contestants may                before four completed rounds.
engage in a boxing contest without the approval of the                       3. If an accidental foul renders a contestant unable to
commission or the commission's representative if the                    continue the bout after three completed rounds have
difference in weight between contestants exceed the                     occurred the bout will result in a technical decision awarded
allowance shown in the following schedule or if a glove’s               to the boxer who is ahead on the score cards at the time the
weight is deemed to be insufficient in any manner.                      bout is stopped.
                                                                                a. - b.    …
                                    Weight Difference   Glove                4. A fighter who is hit with an accidental low blow
           Weight Class                Allowance        Weight
          Mini Flyweight             not more than
                                                                        must continue after a reasonable amount of time but no more
 (up to and including 105 pounds)       3 pounds         8 oz.          than five minutes or he/she will lose the fight.
          Light Flyweight            not more than                         J. ...
     (over 105 to 108 pounds)           3 pounds         8 oz.             AUTHORITY NOTE: Promulgated in accordance with R.S.
             Flyweight               not more than                      4:61.D and R.S. 4:64.
     (over 108 to 112 pounds)           3 pounds         8 oz.             HISTORICAL NOTE: Adopted by the Department of
          Super Flyweight            not more than                      Commerce, Boxing and Wrestling Commission 1967, amended
     (over 112 to 115 pounds)           3 pounds         8 oz.          1974, amended by the Department of Economic Development,




                                                                  109                  Louisiana Register Vol. 36, No. 1 January 20, 2010
Boxing and Wrestling Commission, LR 22:697 (August 1996),                commission member as the commission deems that
amended by the Office of the Governor, Boxing and Wrestling              unnecessary injury of amateur fighters to present an
Commission, LR 31:2006 (August 2005), LR 36:                             immediate danger to the public and the fighters;
Chapter 7.      Mixed Technique Events                                           c. in the event that the commission member in
§705. Mixed Technique Ring Rules                                         attendance feels that the promoter has violated any of the
  A. - C.6. …                                                            rules of this Section concerning mixed technique exhibitions
    7. There must not be any obstruction on any part of                  or has submitted forms or paperwork to the commission that
the fence surrounding the area in which the unarmed                      are fraudulent, or determines that the fighters were paid any
combatants are to be competing.                                          gratuity, the commission member shall, at the close of the
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   fight issue a summons to that promoter to appear before the
4:61(D) and R.S. 4:64.
                                                                         commission at the next scheduled meeting to determine
   HISTORICAL NOTE: Promulgated       by Department      of
Economic Development, Boxing and Wrestling Commission, LR                whether his license shall be suspended.
34:1606 (August 2008), amended LR 35:53 (January 2009),                     AUTHORITY NOTE: Promulgated in accordance with R.S.
amended by the Office of the Governor, Boxing and Wrestling              4:61(D) and R.S. 4:64.
Commission, LR 36:                                                          HISTORICAL NOTE: Promulgated       by Department      of
                                                                         Economic Development, Boxing and Wrestling Commission, LR
§725. Promoters                                                          34:1606 (August 2008), amended LR 35:53 (January 2009),
  A. Promoters will strictly adhere to rules and regulations             amended by the Office of the Governor. Boxing and Wrestling
as set forth in the General Rules of this Title located in               Commission, LR 36:
§§101 through 135, with special attention given to §108                                     Family Impact Statement
(Medical Requirements) and §123 (Ringside Physicians).                      In compliance with Act 1183 of the 1999 Regular Session of the
  B. Only the fighter, his trainer, and chief seconds shall              Louisiana Legislature, the impact of this proposed Rule on the
enter the fenced off area around the ring or cage. Any other             family has been considered. It is anticipated that this proposed Rule
member of the contestants entourage who enters the fenced                will have no impact on family functioning, stability, and autonomy
off area for any reason shall be ejected from the event.                 as described in R.S. 49:972.
  C. Promoters must register shows with a recognized                                             Public Comments
national registry seven days prior to any event.                           Interested persons are invited to submit comments, views or
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   positions, on these proposed Rule, in writing to Alvin Topham,
4:61(D) and R.S. 4:64.                                                   Chairman, Louisiana State Boxing and Wrestling Commission,
   HISTORICAL NOTE: Promulgated       by Department      of              1125 Mobile Street, Lake Charles, LA 70605 or by facsimile (337)
                                                                         475-4888.
Economic Development, Boxing and Wrestling Commission, LR
34:1606 (August 2008), amended LR 35:53 (January 2009),                                                Alvin Topham
amended by the Office of the Governor, Boxing and Wrestling                                            Chairman
Commission, LR 36:
§737. Mixed Technique Event Exhibition Rules                                  FISCAL AND ECONOMIC IMPACT STATEMENT
   A. MTE Exhibitions shall be conducted using §705                                  FOR ADMINISTRATIVE RULES
Professional Mixed Technique Rules above with the                               RULE TITLE: Boxing and Wrestling Standards
following modifications.
   A.1. - B. ...                                                         I.   ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO
   C. Acts Constituting Fouls. In addition to those listed                    STATE OR LOCAL GOVERNMENT UNITS (Summary)
                                                                                  The proposed rule change will have no impact on
under §719, Subsections A through C (Fouls):
                                                                              expenditures related to state or local governmental units other
     1. - 1.a. …                                                              than the minimal cost to publish in the Louisiana Register.
        b. Repealed.                                                     II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE
     2. illegal techniques while on the ground:                               OR LOCAL GOVERNMENTAL UNITS (Summary)
        a. in the event that the referee feels that the two                       The proposed rule change will have no impact on revenue
fighters in the ring are mismatched to the point where the                    collections of state or local governmental units.
contest is not fair, then he shall immediately stop the fight at         III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
that point. Any matchmaker or promoter who arranged that                      DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL
fight shall be subject to immediate suspension of their                       GROUPS (Summary)
                                                                                  The proposed rule change will result in increase costs to the
license by the attending commission member as the
                                                                              extent that promoters who choose to increase health and
commission deems the mismatching of amateur fighters to                       accidental death benefits to $100,000 from the current
present an immediate danger to the public and the fighters;                   minimum of $10,000. Any increase in these limits would result
        b. the referee has as his number one concern the                      in an increase in costs to promoters in an amount not to exceed
welfare of the fighters and shall conduct himself and the                     $350 per event if an event coordinator is deemed necessary.
fight at all times with the understanding that the fighters are          IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT
amateur fighters and are not to be subjected to undue                         (Summary)
punishment, which will require stoppages much sooner than                         There will be no effect on competition or employment as a
those in a professional mixed technique event. Any referee                    result of this rule change.
who permits an amateur fighter to absorb undue punishment
                                                                         Addie Fields                             H. Gordon Monk
or grossly fails to stop a fight in a timely manner shall be             Recording Secretary                      Legislative Fiscal Officer
subject to immediate suspension by the attending                         1001#060                                 Legislative Fiscal Office




Louisiana Register Vol. 36, No. 1 January 20, 2010                 110
                    NOTICE OF INTENT                                     legal requirements applicable in Louisiana while seeking to
                                                                         give effect to the intention and spirit of the ABA guidelines.
                    Office of the Governor
                                                                               4. These guidelines and associated performance
                    Public Defender Board
                                                                         standards are intended to provide capital defenders and
                                                                         responsible agencies with specific guidance on the
    Capital Defense Guidelines (LAC 22:XV.Chapter 9)
                                                                         performance of their functions and to allow the state public
                                                                         defender and the Public Defender Board to more efficiently
     Editor’s Note: This Notice of Intent is being repromulgated
     due to a submission error. The original Notice of Intent is         evaluate the delivery models and performance of the capital
     printed on pages 2880-2892 of the December 20, 2009                 defense services provided throughout the state.
     Louisiana Register.                                                    B. Scope of the Guidelines
                                                                               1. These guidelines and associated performance
   The Public Defender Board, a state agency within the                  standards apply from the moment the client is taken into
Office of the Governor, proposes to adopt LAC                            custody and extend to all stages of every case in which the
22:XV.Chapter 9, as authorized by R.S. 15:148. This                      state may be entitled to seek the death penalty, including pre-
proposed Rule is promulgated in accordance with the                      indictment proceedings, the initial and ongoing
provisions of the Administrative Procedure Act, R.S. 49:950              investigation, pretrial proceedings, trial, motion for new
et seq.                                                                  trial, sentencing, the direct appeal, state and federal post-
   Act 307 of the 2007 Regular Session of the Louisiana                  conviction review, clemency proceedings, and any
Legislature directed the Public Defender Board to adopt                  connected litigation. The guidelines and performance
rules creating mandatory: 1) statewide public defender                   standards also apply to any services rendered prior to the
standards and guidelines that require public defender                    client being taken into custody, such as where counsel assists
services to be provided in a manner that is uniformly fair and           the client in surrendering.
consistent throughout the state; and 2) qualification                          2. Unless specifically mentioned, these guidelines
standards for public defenders that ensure that the public               shall apply only in the case of capital defendants who are
defender services are provided by competent counsel. Said                eligible for public defender services. The word ―defendant‖
standards are to ensure that public defenders are qualified to           is used broadly to describe the client at all stages of every
handle specific case types which shall take into                         case covered by these guidelines.
consideration the level of education and experience that is                AUTHORITY NOTE: Promulgated in accordance with R.S.
necessary to competently handle certain cases and case                   15:148.
types, including capital cases. In compliance with the                     HISTORICAL NOTE: Promulgated by the Office of the
directives of Act 307, the Public Defender Board proposes to             Governor, Public Defender Board, LR 36:
adopt these capital defense guidelines.                                  §903.    Adoption and Implementation of Capital
                           Title 22                                               Representation Plans
   CORRECTIONS, CRIMINAL JUSTICE AND LAW                                    A. Adoption of Capital Representation Plans
                      ENFORCEMENT                                             1. The state public defender shall adopt and
              Part XV. Public Defender Board                             implement a plan formalizing the means by which high
Chapter 9.       Capital Defense Guidelines                              quality legal representation in death penalty cases is to be
§901. Objective and Scope of Guidelines