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									                                                           Table of Contents
                                        Title 46
                      PROFESSIONAL AND OCCUPATIONAL STANDARDS
                                               Part XLV. Medical Professions
                                                         Subpart 1. General
Chapter 1. Fees and Costs ............................................................................................................................. 1
Subchapter A. General Provisions ................................................................................................................. 1
  §101. Scope of Chapter .......................................................................................................................... 1
  §103. Form of Payment Required .......................................................................................................... 1
  §105. Payments Nonrefundable.............................................................................................................. 1
  §107. Dishonored Checks ....................................................................................................................... 1
Subchapter B. General Fees and Costs .......................................................................................................... 1
  §113. Miscellaneous Fees and Costs ...................................................................................................... 1
  §115. Reciprocity Endorsement ............................................................................................................. 1
  §117. Handling and Mailing Costs ......................................................................................................... 1
Subchapter C. Physicians and Surgeons Fees ............................................................................................... 2
  §123. Scope of Subchapter ..................................................................................................................... 2
  §125. Licenses, Permits, and Examination ............................................................................................. 2
  §127. Postgraduate Education Registration ............................................................................................ 2
  §131. Annual Renewal ........................................................................................................................... 2
Subchapter D. Podiatrists Fees ...................................................................................................................... 2
  §137. Scope of Subchapter ..................................................................................................................... 2
  §139. Licenses, Permits, and Examination ............................................................................................. 2
  §141. Annual Renewal ........................................................................................................................... 2
  §143. Podiatric Postgraduate Education Registration ............................................................................ 3
Subchapter E. Physicians Assistants Fees ..................................................................................................... 3
  §147. Scope of Subchapter ..................................................................................................................... 3
  §149. Certification .................................................................................................................................. 3
  §153. Annual Renewal ........................................................................................................................... 3
Subchapter F. Athletic Trainers Fees ............................................................................................................ 3
  §159. Scope of Subchapter ..................................................................................................................... 3
  §161. Certification, Permits, and Examination ...................................................................................... 3
  §163. Annual Renewal ........................................................................................................................... 3
Subchapter G. Occupational Therapists and Occupational Therapy Assistants Fees ................................... 3
  §171. Scope of Subchapter ..................................................................................................................... 3
  §173. Licenses and Permits .................................................................................................................... 3
  §175. Annual Renewal ........................................................................................................................... 4
  §177. Reinstatement of License ............................................................................................................. 4
Subchapter H. Acupuncturists, Acupuncturists' Assistants, and Acupuncture Detoxification
              Specialists Fees ...................................................................................................................... 4
  §183. Scope of Subchapter ..................................................................................................................... 4
  §185. Certification .................................................................................................................................. 4
  §187. Annual Renewal ........................................................................................................................... 4
Subchapter I. Respiratory Therapists ............................................................................................................ 4
  §193. Scope of Subchapter ..................................................................................................................... 4
  §195. Licenses ........................................................................................................................................ 4
  §197. Annual Renewal ........................................................................................................................... 5



                                                                                  3.
                                                                                i 1.          Louisiana Administrative Code                    June 2012
                                                                                                                                                i
                                                                                  4.
                                                                                i 2.     i                                                     i
                                           PROFESSIONAL AND OCCUPATIONAL STANDARDS

   Subchapter J. Midwives Fees ........................................................................................................................ 5
     §201. Scope of Subchapter ..................................................................................................................... 5
     §203. Licenses and Permits .................................................................................................................... 5
     §205. Renewal ........................................................................................................................................ 5
   Subchapter K. Adjudication Proceedings Costs ............................................................................................ 5
     §209. Subpoenas ..................................................................................................................................... 5
   Subchapter L. Clinical Exercise Physiologists Fees...................................................................................... 5
     §221. Scope of Subchapter ..................................................................................................................... 5
     §223. Licenses and Permits .................................................................................................................... 5
     §225. Annual Renewal ........................................................................................................................... 5
   Subchapter M. Medical Psychologists Fees ................................................................................................... 5
     §231. Scope of Subchapter ..................................................................................................................... 5
     §233. Licenses, Certificates, Permits ..................................................................................................... 5
     §235. Annual Renewal ........................................................................................................................... 6
                                           Subpart 2. Licensure and Certification
   Chapter 3. Physicians .................................................................................................................................... 7
   Subchapter A. General Provisions ................................................................................................................. 7
     §301. Scope of Chapter .......................................................................................................................... 7
     §303. Definitions .................................................................................................................................... 7
   Subchapter B. Graduates of American and Canadian Medical School and Colleges ................................... 8
     §309. Scope of Subchapter ..................................................................................................................... 8
     §311. Qualifications for License ............................................................................................................ 8
     §313. Procedural Requirements.............................................................................................................. 9
     §315. Waiver of Qualifications .............................................................................................................. 9
   Subchapter C. International Medical Graduates ............................................................................................ 9
     §321. Scope of Subchapter; Definition .................................................................................................. 9
     §323. Qualifications for License ............................................................................................................ 9
     §325. Procedural Requirements............................................................................................................ 10
     §327. Waiver of Qualifications ............................................................................................................ 10
   Subchapter D. Board Approval of Medical Schools and Colleges ............................................................. 10
     §333. Scope of Subchapter ................................................................................................................... 10
     §335. Applicability of Approval........................................................................................................... 10
     §337. Approval of American Schools and Colleges ............................................................................ 10
     §339. Approval of Canadian Schools ................................................................................................... 10
     §341. Recognition of International Medical Schools ........................................................................... 11
   Subchapter E. Licensure by Reciprocity ..................................................................................................... 11
     §351. Definition .................................................................................................................................... 11
     §353. Qualifications for Medical Licensure by Reciprocity ................................................................ 11
   Subchapter F. Application ........................................................................................................................... 11
     §359. Purpose and Scope ...................................................................................................................... 11
     §361. Application Procedure ................................................................................................................ 11
     §363. Additional Requirements for International Medical Graduates ................................................. 12
     §365. Effect of Application .................................................................................................................. 12
   Subchapter G. Examination ......................................................................................................................... 12
     §371. Designation of Examinations ..................................................................................................... 12
     §379. Subversion of Examination Process ........................................................................................... 13
     §381. Finding of Subversion ................................................................................................................ 13
     §383. Sanctions for Subversion of Examination .................................................................................. 13
     §385. Passing Scores ............................................................................................................................ 14

Louisiana Administrative Code                              June 2012          ii
                                                                Title 46, Part XLV

  §387. Restriction, Limitation on Examinations .................................................................................... 14
  §389. Examination in or for Another State .......................................................................................... 14
  §391. Lost, Stolen, or Destroyed Examinations ................................................................................... 14
Subchapter H. Restricted Licensure, Permits .............................................................................................. 15
  §397. Restricted Licensure in General ................................................................................................. 15
  §399. Types of Permits ......................................................................................................................... 15
  §401. Provisional Temporary Permit Pending Application for Visa ................................................... 15
  §402. Provisional Temporary Permit Pending Results of Criminal History Record Information ....... 15
  §403. Visiting Physician Permits ......................................................................................................... 16
  §404. Continuing Postgraduate Training beyond Year One ................................................................ 17
  §405. Short-Term Residency Permit .................................................................................................... 18
  §407. Permit Pending Examination Results ......................................................................................... 19
  §408. Telemedicine Permit Qualifications, Procedure, Issuance, Expiration and Renewal ................ 19
  §411. Graduate Education Temporary Permit/Short-Term IMG Training Permit ............................... 20
  §412. Emergency Temporary Permits .................................................................................................. 23
Subchapter I. License Issuance, Termination, Renewal, Reinstatement and Exemptions ......................... 24
  §413. Issuance of License..................................................................................................................... 24
  §415. Expiration of Licenses and Permits ............................................................................................ 24
  §417. Renewal of License .................................................................................................................... 24
  §418. Reduced Renewal Fees for Certain Physicians .......................................................................... 24
  §419. Reinstatement of Expired License .............................................................................................. 25
  §421. Authority to Issue and Renew Licenses, Certificates, Registrations or Permits ........................ 26
  §423. Exemptions to Licensure; Emergency Transfer of Patients ....................................................... 26
Subchapter J. Postgraduate Year One (Internship) Registration ................................................................. 26
  §425. Necessity for Registration .......................................................................................................... 26
  §427. Qualifications for Registration ................................................................................................... 26
  §429. Procedural Requirements............................................................................................................ 27
  §431. Issuance and Term of Registration ............................................................................................. 27
Subchapter K. Continuing Medical Education ............................................................................................ 27
  §433. Scope of Subchapter ................................................................................................................... 27
  §435. Continuing Medical Educational Requirement .......................................................................... 27
  §437. Qualifying Continuing Medical Education Programs ................................................................ 27
  §439. Documentation Procedure .......................................................................................................... 28
  §441. Failure to Satisfy Continuing Medical Education Requirements ............................................... 28
  §443. Falsification of Continuing Medical Education ......................................................................... 29
  §445. Waiver of Requirements ............................................................................................................. 29
  §447. Exceptions to the Continuing Medical Education Requirements ............................................... 29
  §449. CME Requirement for Initial Renewal of License ..................................................................... 29
Chapter 13. Podiatrists................................................................................................................................. 29
Subchapter A. General Provisions ............................................................................................................... 29
  §1301.     Scope of Chapter ..................................................................................................................... 29
  §1303.     Definitions .............................................................................................................................. 30
Subchapter B. Requirements and Qualifications for Licensure, Scope of Practice .................................... 30
  §1304.     Necessity for License; Practice Prerogatives .......................................................................... 30
  §1305.     Qualifications for License ....................................................................................................... 31
  §1307.     Qualifications for Certification for Advanced Practice; Scope of Practice ............................ 31
  §1309.     Procedural Requirements [Reserved] ..................................................................................... 32
  §1311.     Waiver of Examination Requirements [Reserved] ................................................................. 32



                                                                           iii                Louisiana Administrative Code                 June 2012
                                          PROFESSIONAL AND OCCUPATIONAL STANDARDS

   Subchapter C. Board Approval of Podiatry Schools and Colleges ............................................................. 32
     §1313.     Scope of Subchapter [Reserved] ............................................................................................. 32
     §1315.     Applicability of Approval [Reserved] .................................................................................... 32
     §1317.     List of Approved Schools [Reserved] ..................................................................................... 32
   Subchapter D. Licensure by Reciprocity ..................................................................................................... 32
     §1319.     Definitions .............................................................................................................................. 32
     §1321.     Qualifications for Podiatry Licensure by Reciprocity ............................................................ 32
   Subchapter E. Application ........................................................................................................................... 33
     §1323.     Purpose and Scope .................................................................................................................. 33
     §1325.     Application for Licensure; Procedure ..................................................................................... 33
     §1327.     Effect of Application .............................................................................................................. 33
   Subchapter F. Examination ......................................................................................................................... 33
     §1329.     Designation of Examinations [Reserved] ............................................................................... 33
     §1331.     Eligibility for Examination [Reserved]................................................................................... 33
     §1333.     Observance of Examination [Reserved] ................................................................................. 33
     §1335.     Subversion of Examination Process [Reserved] ..................................................................... 33
     §1337.     Finding of Subversion [Reserved] .......................................................................................... 33
     §1339.     Sanctions for Subversion of Examination [Reserved] ............................................................ 33
     §1341.     Passing Scores [Reserved] ...................................................................................................... 33
     §1343.     Restriction, Limitations on Examinations [Reserved] ............................................................ 33
     §1345.     Examinations in or for Another State [Reserved] ................................................................... 33
     §1347.     Lost, Stolen or Destroyed Examinations [Reserved] .............................................................. 34
   Subchapter G. Temporary License .............................................................................................................. 34
     §1349.     Temporary License in General [Reserved] ............................................................................. 34
     §1351.     License Pending Examination [Reserved] .............................................................................. 34
     §1353.     Provisional Temporary Permit Pending Application for Visa [Reserved] ............................. 34
     §1355.     License Pending Reexamination [Reserved] .......................................................................... 34
   Subchapter H. Licensure Issuance, Termination, Renewal, Reinstatement ................................................ 34
     §1357.     Issuance of Licensure.............................................................................................................. 34
     §1359.     Expiration of License or Permit .............................................................................................. 34
     §1361.     Renewal of License ................................................................................................................. 34
     §1363.     Reinstatement of Expired License .......................................................................................... 34
   Subchapter I. Podiatry Advisory Committee ............................................................................................. 35
     §1365.     Constitution of Committee...................................................................................................... 35
     §1367.     Composition; Appointment..................................................................................................... 35
     §1369.     Delegated Duties and Responsibilities ................................................................................... 35
   Subchapter J. Continuing Medical Education ............................................................................................. 36
     §1371.     Scope of Subchapter ............................................................................................................... 36
     §1373.     Continuing Medical Educational Requirement....................................................................... 36
     §1375.     Qualifying Continuing Medical Education Programs ............................................................ 36
     §1377.     Documentation Procedure....................................................................................................... 36
     §1379.     Failure to Satisfy Continuing Medical Education Requirement ............................................. 37
     §1381.     Falsification of Continuing Medical Education ...................................................................... 37
     §1383.     Waiver of Requirement ........................................................................................................... 37
     §1385.     Exceptions to the Continuing Medical Education Requirement ............................................. 37
   Subchapter K. Postgraduate Year One (Internship) Registration ................................................................ 38
     §1391.     Necessity for Registration ....................................................................................................... 38
     §1393.     Qualifications for Registration................................................................................................ 38
     §1395.     Procedural Requirements ........................................................................................................ 38
     §1397.     Issuance and Term of Registration ......................................................................................... 38

Louisiana Administrative Code                             June 2012          iv
                                                                Title 46, Part XLV

Chapter 15. Physician Assistants ................................................................................................................. 39
  §1501.    Scope of Chapter ..................................................................................................................... 39
  §1503.    Definitions .............................................................................................................................. 39
  §1505.    Necessity for License; Registration of Prescriptive Authority ............................................... 40
  §1507.    Qualifications for Licensure ................................................................................................... 40
  §1508.    Qualifications for Registration as Supervising Physician....................................................... 41
  §1509.    Application for Licensure; Procedure ..................................................................................... 41
  §1510.    Application for Registration as Supervising Physician; Procedure ........................................ 42
  §1511.    Physician Assistant Advisory Committee............................................................................... 42
  §1513.    Issuance of License; Registration of Prescriptive Authority; Working Permit; Updating
            Information ............................................................................................................................. 42
  §1514.    Issuance of Approval as Supervising Physician; Registration of Delegation of Prescriptive
            Authority; Updating/Verification of Information ................................................................... 43
  §1515.    Consent to Examination; Waiver of Privileges; Examining Committee of Physicians .......... 43
  §1517.    Expiration of Licensure; Renewals; Modification; Notification of Intent to Practice ............ 43
  §1519.    Transfer of Certification ......................................................................................................... 44
  §1521.    Qualifications for Physician Assistant Registration of Prescriptive Authority ...................... 44
  §1523.    Qualifications of Supervising Physician for Registration of Delegation of Prescriptive
            Authority ................................................................................................................................. 46
  §1525.    Physician Assistant Application for Registration of Prescriptive Authority; Procedure ........ 46
  §1527.    Supervising Physician Application for Registration of Delegation of Prescriptive
            Authority; Procedure............................................................................................................... 47
  §1529.    Expiration of Registration of Prescriptive Authority; Renewal; Continuing Education ........ 47
Chapter 19. Occupational Therapists and Occupational Therapy Assistants .............................................. 48
Subchapter A. General Provisions ............................................................................................................... 48
  §1901.    Scope of Chapter ..................................................................................................................... 48
  §1903.    Definitions .............................................................................................................................. 48
Subchapter B. Qualifications for License .................................................................................................... 49
  §1905.    Scope of Subchapter ............................................................................................................... 49
  §1907.    Qualifications for License ....................................................................................................... 49
  §1909.    Waiver of Examination Requirements for Licensure ............................................................. 49
Subchapter C. Application........................................................................................................................... 49
  §1911.    Purpose and Scope .................................................................................................................. 49
  §1913.    Application Procedure ............................................................................................................ 49
  §1915.    Effect of Application .............................................................................................................. 50
Subchapter D. Examination ......................................................................................................................... 50
  §1917.    Designation of Examination ................................................................................................... 50
  §1919.    Eligibility for Examination ..................................................................................................... 50
  §1921.    Dates, Places of Examination ................................................................................................. 51
  §1923.    Observance of Examination .................................................................................................... 51
  §1925.    Subversion of Examination Process ....................................................................................... 51
  §1927.    Finding of Subversion ............................................................................................................. 51
  §1929.    Sanctions for Subversion of Examination .............................................................................. 52
  §1931.    Passing Score .......................................................................................................................... 52
  §1933.    Reporting of Examination Score............................................................................................. 52
  §1935.    Restriction, Limitation on Examinations ................................................................................ 52
Subchapter E. Temporary License .............................................................................................................. 52
  §1937.    Temporary License in General ............................................................................................... 52
  §1939.    License Pending Examination ................................................................................................ 52
  §1940.    Provisional Temporary Permit Pending Application for Visa ................................................ 53

                                                                          v                  Louisiana Administrative Code                 June 2012
                                           PROFESSIONAL AND OCCUPATIONAL STANDARDS

     §1941.    License Pending Reexamination ............................................................................................. 53
     §1942.    Permit Pending Appearance before Board.............................................................................. 54
   Subchapter F. License Issuance, Termination, Renewal and Reinstatement .............................................. 54
     §1943.    Issuance of License ................................................................................................................. 54
     §1945.    Expiration of License .............................................................................................................. 54
     §1947.    Renewal of License ................................................................................................................. 54
     §1949.    Reinstatement of License ........................................................................................................ 54
     §1951.    Titles of Licensees .................................................................................................................. 55
     §1953.    Suspension and Revocation of License; Refusal to Renew .................................................... 55
     §1955.    False Representation of Licensure Prohibited ........................................................................ 55
   Subchapter G. Occupational Therapy Advisory Committee ....................................................................... 56
     §1957.    Constitution of Committee...................................................................................................... 56
     §1959.    Composition; Appointment..................................................................................................... 56
     §1961.    Delegated Duties and Responsibilities ................................................................................... 56
   Subchapter H. Continuing Professional Education ..................................................................................... 57
     §1963.    Scope of Subchapter ............................................................................................................... 57
     §1965.    Continuing Professional Education Requirement ................................................................... 57
     §1967.    Qualifying Continuing Professional Education Programs ...................................................... 57
     §1969.    Approval of Program Sponsors............................................................................................... 58
     §1971.    Approval of Programs ............................................................................................................. 58
     §1973.    Documentation Procedure....................................................................................................... 58
     §1975.    Failure to Satisfy Continuing Professional Education Requirements ..................................... 58
     §1977.    Waiver of Requirements ......................................................................................................... 59
     §1979.    Exceptions to Continuing Professional Education Requirements .......................................... 59
   Chapter 21. Acupuncturists, Acupuncturists' Assistants, and Acupuncture Detoxification Specialists ..... 59
   Subchapter A. General Provisions ............................................................................................................... 59
     §2101.    Scope of Chapter ..................................................................................................................... 59
     §2103.    Definitions .............................................................................................................................. 59
   Subchapter B. Acupuncturist Certification .................................................................................................. 61
     §2105.    Scope of Subchapter ............................................................................................................... 61
     §2107.    Qualifications for Certification as Acupuncturist ................................................................... 61
     §2109.    Application Procedure for Certified Acupuncturist ................................................................ 61
   Subchapter C. Acupuncturist's Assistant and Acupuncture Detoxification Specialist Certification;
                 Registration of Supervising Physician, Supervising Acupuncturist's Assistant .................. 61
     §2111.    Scope of Subchapter ............................................................................................................... 61
     §2113.    Qualifications for Certification as an Acupuncturist's Assistant; Qualifications for
               Registration as Supervising Physician for Acupuncturist's Assistant ..................................... 62
     §2114.    Qualifications for Certification as an Acupuncture Detoxification Specialist;
               Qualifications for Registration of Supervising Physician or Supervising Acupuncturist'
               Assistant .................................................................................................................................. 62
     §2115.    Application Procedure for Acupuncturist's Assistant ............................................................. 63
     §2116.    Application Procedure for Acupuncture Detoxification Specialist ........................................ 63
     §2117.    Application Procedure for Registration of Supervising Physician or Supervising
               Acupuncturist's Assistant ........................................................................................................ 64
   Subchapter D. Board Approval of Acupuncture Schools and Clinics......................................................... 64
     §2118.    Scope of Subchapter ............................................................................................................... 64
     §2119.    Applicability of Approval ....................................................................................................... 64
     §2121.    Approval of Acupuncture Schools .......................................................................................... 64



Louisiana Administrative Code                              June 2012          vi
                                                               Title 46, Part XLV

Subchapter E. Certification Issuance, Approval of Registration of Supervising Physician or
              Supervising Acupuncturist's Assistant, Termination, Renewal, Reinstatement .................. 65
  §2125.    Issuance of Certification, Approval of Registration ............................................................... 65
  §2127.    Expiration and Termination of Certification; Modification; Notice of Intent ........................ 65
  §2129.    Renewal of Certification; Verification of Registration........................................................... 66
Subchapter F. Restricted Licensure, Permits ............................................................................................... 66
  §2131.    Emergency Temporary Permit ................................................................................................ 66
Chapter 23. Licensed Midwives .................................................................................................................. 67
Subchapter A. General Provisions ............................................................................................................... 67
  §2301.    Scope of Chapter ..................................................................................................................... 67
  §2303.    Definitions .............................................................................................................................. 67
Subchapter B. Qualifications for Licensure ................................................................................................ 68
  §2305.    Scope of Subchapter ............................................................................................................... 68
  §2307.    Qualifications for License ....................................................................................................... 68
  §2309.    Procedural Requirements ........................................................................................................ 68
Subchapter C. Application........................................................................................................................... 69
  §2311.    Purpose and Scope .................................................................................................................. 69
  §2313.    Application Procedure ............................................................................................................ 69
  §2315.    Effect of Application .............................................................................................................. 69
Subchapter D. Examination ......................................................................................................................... 70
  §2317.    Scope of Examination ............................................................................................................. 70
  §2319.    Eligibility for Examination ..................................................................................................... 70
  §2321.    Dates, Places of Examination ................................................................................................. 70
  §2323.    Administration of Examination .............................................................................................. 70
  §2325.    Subversion of Examination Process ....................................................................................... 70
  §2327.    Finding of Subversion ............................................................................................................. 71
  §2329.    Sanctions for Subversion of Examination .............................................................................. 71
  §2331.    Passing Score .......................................................................................................................... 71
  §2333.    Restriction, Limitation on Examinations ................................................................................ 71
  §2335.    Lost, Stolen, or Destroyed Examinations ............................................................................... 72
Subchapter E. Restricted Licensure, Apprentice Permits ............................................................................ 72
  §2337.    Restricted Licensure in General .............................................................................................. 72
  §2339.    Apprentice Permits ................................................................................................................. 72
Subchapter F. License Issuance, Termination, Renewal, Reinstatement .................................................... 72
  §2341.    Issuance of License ................................................................................................................. 72
  §2343.    Expiration of Licenses and Permits ........................................................................................ 73
  §2345.    Renewal of License ................................................................................................................. 73
  §2347.    Revocation of License ............................................................................................................ 73
  §2349.    Reinstatement of License ........................................................................................................ 73
Subchapter G. Education ............................................................................................................................. 73
  §2351.    Courses of Study ..................................................................................................................... 73
  §2353.    Basic Sciences......................................................................................................................... 73
  §2355.    Theory of Pregnancy and Childbirth ...................................................................................... 74
  §2357.    Clinical Experience ................................................................................................................. 74
  §2359.    Supervision of Clinical Experience ........................................................................................ 74
Subchapter H. Continuing Education .......................................................................................................... 74
  §2361.    Scope of Subchapter; Continuing Education Requirement .................................................... 74
  §2362.    Documentation Procedure....................................................................................................... 75
  §2363.    Failure to Satisfy Continuing Education Requirements ......................................................... 75
  §2364.    Waiver of Requirements ......................................................................................................... 76

                                                                          vii                Louisiana Administrative Code                June 2012
                                           PROFESSIONAL AND OCCUPATIONAL STANDARDS

   Subchapter I. Prohibitions and Revocation of License ............................................................................... 76
     §2365.     Unlawful Practice ................................................................................................................... 76
     §2367.     Revocation of License ............................................................................................................ 76
     §2369.     Penalties .................................................................................................................................. 76
     §2371.     Hearing.................................................................................................................................... 76
     §2373.     Persons Not Affected .............................................................................................................. 77
   Chapter 25. Respiratory Therapists ............................................................................................................. 77
   Subchapter A. General Provisions ............................................................................................................... 77
     §2501.     Scope of Chapter ..................................................................................................................... 77
     §2503.     Definitions .............................................................................................................................. 77
   Subchapter B. Requirements and Qualifications for Licensure .................................................................. 78
     §2505.     Scope of Subchapter ............................................................................................................... 78
     §2507.     Requirements for Licensure of Respiratory Therapists .......................................................... 79
     §2510.     Recognition of Respiratory Care Education Programs ........................................................... 79
     §2511.     License by Reciprocity ........................................................................................................... 79
   Subchapter C. Application........................................................................................................................... 79
     §2515.     Purpose and Scope .................................................................................................................. 79
     §2517.     Application Procedure ............................................................................................................ 80
     §2519.     Effect of Application .............................................................................................................. 80
   Subchapter D. Examination ......................................................................................................................... 80
     §2521.     Purpose and Scope .................................................................................................................. 80
     §2523.     Designation of Examination ................................................................................................... 81
     §2536.     Restriction, Limitation on Examination.................................................................................. 81
     §2537.     Passing Score .......................................................................................................................... 81
   Subchapter E. Licensure Issuance, Termination, Renewal, and Reinstatement .......................................... 81
     §2540.     Issuance of License ................................................................................................................. 81
     §2541.     Expiration of License .............................................................................................................. 81
     §2543.     Renewal of License ................................................................................................................. 81
     §2545.     Reinstatement of License ........................................................................................................ 81
     §2547.     Temporary License ................................................................................................................. 82
     §2548.     Temporary Work Permit ......................................................................................................... 83
   Subchapter F. Advisory Committee on Respiratory Care ........................................................................... 83
     §2549.     Organization; Authority .......................................................................................................... 83
     §2551.     Delegation of Authority .......................................................................................................... 83
   Subchapter G. Continuing Professional Education...................................................................................... 84
     §2553.     Scope of Subchapter ............................................................................................................... 84
     §2555.     Continuing Professional Educational Requirement ................................................................ 84
     §2557.     Qualifying Continuing Professional Education Programs ...................................................... 84
     §2559.     Approval of Program Sponsors............................................................................................... 85
     §2561.     Approval of Program .............................................................................................................. 85
     §2563.     Documentation Procedure....................................................................................................... 86
     §2565.     Failure to Satisfy Continuing Professional Education Requirements ..................................... 86
     §2567.     Waiver of Requirements ......................................................................................................... 86
     §2569.     Exceptions to the Continuing Professional Education Requirements .................................... 87
   Subchapter H. Supervision of Students ........................................................................................................ 87
     §2571.     Scope of Subchapter [Formerly §5511] .................................................................................. 87
     §2573.     Student Participation in Clinical Training .............................................................................. 87
     §2575.     Supervision of Student [Formerly §5515] .............................................................................. 87



Louisiana Administrative Code                              June 2012          viii
                                                                Title 46, Part XLV

Chapter 29. Private Radiologic Technologists ............................................................................................ 87
Subchapter A. General Provisions ............................................................................................................... 87
  §2901.    Scope ....................................................................................................................................... 87
  §2903.    General Definitions ................................................................................................................. 88
  §2905.    Necessity of Certificate; Exemptions; Information Required ................................................. 88
Subchapter B. Certification ......................................................................................................................... 89
  §2907.    Qualifications for Certification and Approval ........................................................................ 89
  §2909.    Educational Requirements ...................................................................................................... 89
  §2911.    Application for Approval of Course of Study ........................................................................ 89
  §2913.    Application for Certification; Procedure ................................................................................ 90
  §2915.    Issuance of Certificate; Rating ................................................................................................ 90
  §2917.    Obligations and Responsibilities ............................................................................................ 90
  §2919.    Causes for Nonissuance, Suspension, Revocation; or Restrictions; Fines; Reinstatement .... 91
  §2921.    Severability ............................................................................................................................. 91
Chapter 31. Athletic Trainers ...................................................................................................................... 92
Subchapter A. General Provisions ............................................................................................................... 92
  §3101.    Scope of Chapter ..................................................................................................................... 92
  §3103.    Definitions .............................................................................................................................. 92
  §3104.    Athletic Training Advisory Committee .................................................................................. 92
Subchapter B. Requirements and Qualifications for Certification .............................................................. 93
  §3105.    Scope of Subchapter ............................................................................................................... 93
  §3107.    Requirements for Certification ............................................................................................... 93
Subchapter C. Board Approval .................................................................................................................... 94
  §3111.    Scope of Subchapter ............................................................................................................... 94
  §3113.    Applicability of Approval ....................................................................................................... 94
  §3115.    Approval of Schools and Colleges.......................................................................................... 94
  §3117.    Approval of Physical Therapy Schools .................................................................................. 94
  §3119.    Approval of Athletic Trainers ................................................................................................. 94
  §3121.    Approval of Athletic Organizations ........................................................................................ 94
  §3123.    Withdrawal of Approval ......................................................................................................... 95
  §3125.    List of Approved Schools, Colleges, and Universities ........................................................... 95
Subchapter D. Application .......................................................................................................................... 95
  §3127.    Purpose and Scope .................................................................................................................. 95
  §3129.    Application Procedure ............................................................................................................ 95
  §3131.    Effect of Application .............................................................................................................. 95
Subchapter F. Examination ......................................................................................................................... 96
  §3133.    Designation of Examination ................................................................................................... 96
  §3147.    Passing Score .......................................................................................................................... 96
  §3149.    Reexamination ........................................................................................................................ 96
Subchapter G. Certificate Issuance, Termination, Renewal, Reinstatement ............................................... 96
  §3153.    Issuance of Certificate ............................................................................................................ 96
  §3155.    Expiration of Certificates ........................................................................................................ 96
  §3157.    Renewal of Certificate ............................................................................................................ 96
  §3159.    Qualifications for Renewal; Continuing Education ................................................................ 96
  §3161.    Reinstatement of Certification ................................................................................................ 97
  §3162.    Restricted Certificates ............................................................................................................. 97
Subchapter H. Continuing Education .......................................................................................................... 98
  §3163.    Scope of Subchapter ............................................................................................................... 98
  §3165.    Continuing Education Requirement........................................................................................ 98
  §3167.    Qualifying Programs and Activities ....................................................................................... 98

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                                           PROFESSIONAL AND OCCUPATIONAL STANDARDS

     §3169.    Continuing Education Subcommittee ..................................................................................... 99
     §3171.    Approval of Program Sponsors............................................................................................... 99
     §3173.    Approval of Activities ............................................................................................................ 99
     §3175.    Documentation Procedure....................................................................................................... 99
     §3177.    Failure to Satisfy Continuing Education Requirements ....................................................... 100
     §3179.    Waiver of Requirements ....................................................................................................... 100
   Chapter 35. Clinical Laboratory Personnel ............................................................................................... 100
   Subchapter A. Scope and Definitions ........................................................................................................ 100
     §3501.    Scope and Purpose of Chapter .............................................................................................. 100
     §3503.    Definitions ............................................................................................................................ 100
   Subchapter B. Licensure and Certification Requirements ........................................................................ 102
     §3505.    Licensure or Certification Generally .................................................................................... 102
     §3507.    Exceptions to Licensure or Certification Requirements ....................................................... 102
     §3509.    Qualifications for Licensure and Certification ..................................................................... 103
     §3511.    Licensure or Certification without Examination .................................................................. 105
     §3513.    Reciprocity ............................................................................................................................ 105
     §3515.    Trainee License ..................................................................................................................... 105
     §3517.    Returning Practitioners ......................................................................................................... 106
     §3519.    Temporary License or Certificate ......................................................................................... 106
     §3521.    Reinstatement of Lapsed License or Certificate ................................................................... 106
   Subchapter C. Procedures for Obtaining Licensure or Certification ......................................................... 107
     §3523.    Issuance ................................................................................................................................. 107
     §3525.    Application............................................................................................................................ 107
     §3527.    Expiration and Renewal of Licenses and Certificates .......................................................... 107
     §3529.    Fees ....................................................................................................................................... 108
   Subchapter D. Continuing Education ........................................................................................................ 108
     §3531.    General Requirement ............................................................................................................ 108
     §3533.    Minimum Hours .................................................................................................................... 108
     §3535.    Credit Hours Awarded .......................................................................................................... 108
     §3537.    Sources of Continuing Education ......................................................................................... 108
     §3539.    Standards for Continuing Education ..................................................................................... 109
     §3541.    Procedures for Obtaining Approval as a Continuing Education Source .............................. 109
     §3543.    Proof of Compliance with Continuing Education Requirements ......................................... 110
     §3545.    Appendix―Approved Foreign Transcript Evaluation Agencies.......................................... 111
   Chapter 37. Clinical Exercise Physiologists .............................................................................................. 111
   Subchapter A. General Provisions ............................................................................................................. 111
     §3701.    Scope of Chapter ................................................................................................................... 111
     §3703.    Definitions ............................................................................................................................ 111
   Subchapter B. Qualifications for License .................................................................................................. 112
     §3705.    Scope of Chapter ................................................................................................................... 112
     §3707.    Qualification for License ...................................................................................................... 112
     §3709.    Exemptions from Licensure .................................................................................................. 112
   Subchapter C. Application......................................................................................................................... 112
     §3711.    Purpose and Scope ................................................................................................................ 112
     §3713.    Application Procedure .......................................................................................................... 112
     §3715.    Effect of Application ............................................................................................................ 113
   Subchapter D. Examination ....................................................................................................................... 113
     §3717.    Purpose and Scope ................................................................................................................ 113
     §3719.    Eligibility for Examination ................................................................................................... 113
     §3721.    Dates, Places of Examination ............................................................................................... 114

Louisiana Administrative Code                              June 2012          x
                                                               Title 46, Part XLV

  §3723.    Observance of Examination .................................................................................................. 114
  §3725.    Subversion of Examination Process ..................................................................................... 114
  §3727.    Finding of Subversion ........................................................................................................... 114
  §3729.    Sanctions for Subversion of Examination ............................................................................ 115
  §3731.    Passing Score ........................................................................................................................ 115
  §3733.    Reporting of Examination Score........................................................................................... 115
  §3735.    Restriction, Limitation on Examinations .............................................................................. 115
  §3737.    Lost, Stolen, or Destroyed Examination ............................................................................... 115
Subchapter E. Licensure Issuance, Expiration, Renewal and Termination ............................................... 115
  §3739.    Issuance of License ............................................................................................................... 115
  §3741.    Expiration of License ............................................................................................................ 116
  §3743.    Renewal of License ............................................................................................................... 116
  §3745.    Reinstatement of License ...................................................................................................... 116
Subchapter F. Advisory Committee on Clinical Exercise Physiology ...................................................... 116
  §3747.    Organization; Authority and Responsibilities....................................................................... 116
  §3749.    Delegated Duties and Responsibilities ................................................................................. 116
Subchapter G. Continuing Professional Education ................................................................................... 117
  §3751.    Scope of Subchapter ............................................................................................................. 117
  §3753.    Requirements ........................................................................................................................ 117
  §3755.    Qualifying Continuing Professional Education Programs .................................................... 117
  §3757.    Approval of Program Sponsors............................................................................................. 118
  §3759.    Approval of Programs ........................................................................................................... 118
  §3761.    Documentation Procedure..................................................................................................... 118
  §3763.    Failure to Satisfy Continuing Professional Education Requirements ................................... 118
  §3765.    Waiver of Requirements ....................................................................................................... 119
  §3767.    Exception to Continuing Professional Education Requirements .......................................... 119
Chapter 39. Medical Psychologists ....................................................................................................... 119
Subchapter A. General Provisions ............................................................................................................. 119
  §3901.    Scope of Chapter and Definitions ......................................................................................... 119
  §3903.    Definitions ............................................................................................................................ 119
Subchapter B. Requirements and Qualifications for License .................................................................... 120
  §3905.    Scope of Subchapter ............................................................................................................. 120
  §3907.    Qualifications for License ..................................................................................................... 120
  §3909.    Alternative Qualifications for License .................................................................................. 121
  §3911.    Qualifications for Certificate of Advanced Practice ............................................................. 121
Subchapter C. Application ......................................................................................................................... 121
  §3913.    Scope of Subchapter ............................................................................................................. 121
  §3915.    Application Procedure .......................................................................................................... 121
  §3917.    Effect of Application ............................................................................................................ 122
Subchapter D. Board Approval of Schools, Colleges, Universities, or Institutions .................................. 122
  §3919.    Scope of Subchapter ............................................................................................................. 122
  §3921.    Applicability of Approval ..................................................................................................... 122
  §3923.    Approval of Schools and Colleges........................................................................................ 123
  §3925.    Withdrawal of Approval ....................................................................................................... 123
Subchapter E. Examination ....................................................................................................................... 123
  §3927.    Scope of Subchapter ............................................................................................................. 123
  §3929.    Designation of Examination ................................................................................................. 123
  §3931.    Passing Score ........................................................................................................................ 124
  §3933.    Restriction, Limitations on Examinations ............................................................................ 124
Subchapter F. Licensure Issuance, Termination, Renewal, Reinstatement .............................................. 124

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                                          PROFESSIONAL AND OCCUPATIONAL STANDARDS

     §3935.    Scope of Subchapter ............................................................................................................. 124
     §3937.    Issuance of Licensure; Certificate of Advanced Practice ..................................................... 124
     §3939.    Expiration of License, Certificate ......................................................................................... 124
     §3941.    Renewal of License, Certificate ............................................................................................ 124
     §3943.    Reinstatement of Expired License or Certificate .................................................................. 124
   Subchapter G. Medical Psychology Advisory Committee ........................................................................ 125
     §3945.    Scope of Subchapter ............................................................................................................. 125
     §3947.    Constitution, Function and Responsibilities of Advisory Committee .................................. 125
   Subchapter H. Continuing Education ........................................................................................................ 126
     §3949.    Scope of Subchapter ............................................................................................................. 126
     §3951.    Continuing Education Requirement...................................................................................... 126
     §3953.    Qualifying Programs and Activities ..................................................................................... 126
     §3955.    Approval of Program Sponsors............................................................................................. 126
     §3957.    Documentation Procedure..................................................................................................... 126
     §3959.    Failure to Satisfy Continuing Education Requirements ....................................................... 127
     §3961.    Waiver of Requirements ....................................................................................................... 127
                                                            Subpart 3. Practice
   Chapter 42. Illegal Payments; Required Disclosures of Financial Interests; Prohibition on Rural
                  Physician Self-Referral ...................................................................................................... 129
     §4201.     Scope and Purpose of Chapter .............................................................................................. 129
     §4203.     Definitions and Construction ................................................................................................ 129
   Subchapter A. Illegal Payments ................................................................................................................ 130
     §4205.     Prohibition of Payments for Referrals .................................................................................. 130
     §4207.     Exceptions ............................................................................................................................. 130
     §4209.     Effect of Violation ................................................................................................................ 131
   Subchapter B. Disclosure of Financial Interests in Third-Party Health Care Providers ........................... 131
     §4211.     Required Disclosure of Financial Interest ............................................................................ 131
     §4213.     Prohibited Arrangements ...................................................................................................... 131
     §4215.     Form of Disclosure ............................................................................................................... 131
     §4217.     Effect of Violation; Sanctions............................................................................................... 131
     §4219.     Appendix―Disclosure of Financial Interest Form ............................................................... 132
   Subchapter C. Prohibition on Rural Physician Self Referral ..................................................................... 132
     §4231.     Scope and Purpose of Chapter .............................................................................................. 132
     §4233.     Definitions and Construction ................................................................................................ 132
     §4235.     Physician Prohibitions .......................................................................................................... 133
     §4237.     Exceptions ............................................................................................................................. 133
     §4239.     Effect of Violations; Sanctions ............................................................................................. 134
   Chapter 45. Physician Assistants ............................................................................................................... 134
     §4501.     Supervision by Multiple Supervising Physicians ................................................................. 134
     §4503.     Compensation ....................................................................................................................... 134
     §4505.     Services Performed by Physician Assistants ........................................................................ 134
     §4506.     Services Performed by Physician Assistants Registered to Prescribe Medication or
                Medical Devices; Prescription Forms; Prohibitions ............................................................. 135
     §4507.     Authority and Limitations of Supervising Physician ............................................................ 136
     §4509.     Designation of Locum Tenens Physician ............................................................................. 137
     §4511.     Mutual Obligations and Responsibilities .............................................................................. 137
     §4513.     Causes for Nonissuance, Suspension, Revocation or Restrictions; Fines, Reinstatement ... 138



Louisiana Administrative Code                             June 2012          xii
                                                                Title 46, Part XLV

Chapter 49. Occupational Therapists and Occupational Therapy Assistants ............................................ 139
Subchapter A. General Provisions ............................................................................................................. 139
  §4901.    Scope of Chapter ................................................................................................................... 139
  §4903.    Definitions ............................................................................................................................ 139
Subchapter B. Standards of Practice ......................................................................................................... 141
  §4905.    Scope of Subchapter ............................................................................................................. 141
  §4907.    Screening .............................................................................................................................. 141
  §4909.    Referral ................................................................................................................................. 141
  §4911.    Evaluation ............................................................................................................................. 141
  §4913.    Individual Program Planning ................................................................................................ 142
  §4915.    Individual Program Implementation ..................................................................................... 142
  §4917.    Discontinuation of Services .................................................................................................. 142
  §4919.    Quality Assurance ................................................................................................................. 143
  §4921.    Suspension and Revocation of License; Refusal to Issue or Renew; Unprofessional
            Conduct ................................................................................................................................. 143
  §4925.    Supervision of Occupational Therapy Assistants ................................................................. 144
Chapter 51. Acupuncturists, Acupuncturists' Assistants, and Acupuncture Detoxification Specialist ..... 145
  §5101.    Scope of Chapter ................................................................................................................... 145
  §5105.    Necessity of Certification ..................................................................................................... 145
  §5106.    Supervision; Clinical Practice Guidelines or Protocols ........................................................ 146
  §5107.    Authority and Limitations of Acupuncturist's Assistant and Acupuncture Detoxification
            Specialist ............................................................................................................................... 146
  §5109.    Authority and Limitations of Supervising Physician and Supervising Acupuncturist's
            Assistant ................................................................................................................................ 147
  §5111.    Mutual Obligations and Responsibilities .............................................................................. 147
  §5113.    Causes for Action; Suspension, Revocation, Imposition of Restrictions ............................. 148
Chapter 53. Licensed Midwives ................................................................................................................ 149
Subchapter A. Standards of Practice ......................................................................................................... 149
  §5301.    Scope of Practice .................................................................................................................. 149
  §5303.    Skills ..................................................................................................................................... 149
  §5305.    Community Resources .......................................................................................................... 149
  §5307.    Appropriate Equipment......................................................................................................... 149
  §5309.    Screening .............................................................................................................................. 149
  §5311.    Initial Medical Evaluation .................................................................................................... 149
  §5313.    Required Tests ...................................................................................................................... 150
  §5315.    Acceptance of Clients ........................................................................................................... 150
  §5317.    Prenatal Visits ....................................................................................................................... 150
  §5319.    Physician Visit ...................................................................................................................... 150
  §5321.    Advance Preparation for Need .............................................................................................. 150
  §5323.    Scope of Practice .................................................................................................................. 150
  §5327.    Normal Delivery ................................................................................................................... 151
  §5329.    Examination and Labor ......................................................................................................... 151
  §5331.    Operative Procedures ............................................................................................................ 151
  §5333.    Medications ........................................................................................................................... 151
  §5335.    Correction of Presentation .................................................................................................... 151
  §5337.    Emergency Measures ............................................................................................................ 151
  §5339.    Prevention of Infant Blindness ............................................................................................. 152
  §5341.    Birth Registration .................................................................................................................. 152
  §5343.    Physician Evaluation of Newborn ........................................................................................ 152
  §5345.    Postpartum Visits .................................................................................................................. 152

                                                                           xiii               Louisiana Administrative Code                  June 2012
                                           PROFESSIONAL AND OCCUPATIONAL STANDARDS

     §5347.    Record Keeping and Report Requirements .......................................................................... 152
     §5349.    Statistics ................................................................................................................................ 153
   Subchapter B. Phases of Maternity Care ................................................................................................... 153
     §5351.    Scope of Subchapter ............................................................................................................. 153
     §5353.    Initiation of Physical Care .................................................................................................... 153
     §5355.    Routine Antepartum Care ..................................................................................................... 153
     §5357.    Routine Postpartum Care ...................................................................................................... 153
     §5359.    Required Newborn Care ....................................................................................................... 154
   Subchapter C. Risk Factors ....................................................................................................................... 154
     §5361.    Unapproved Practice ............................................................................................................. 154
     §5363.    Required Physician Consultation .......................................................................................... 155
   Chapter 55. Respiratory Therapists ....................................................................................................... 156
   Subchapter A. General Provisions ............................................................................................................. 156
     §5501.    Scope of Chapter ................................................................................................................... 156
     §5503.    General Definitions ............................................................................................................... 156
   Subchapter B. Unauthorized Practice, Exemptions, and Prohibitions....................................................... 156
     §5505.    Unauthorized Practice ........................................................................................................... 156
     §5507.    Exemptions ........................................................................................................................... 157
     §5509.    Prohibitions ........................................................................................................................... 157
   Subchapter C. Grounds for Administrative Action ................................................................................... 157
     §5517.    Causes for Administrative Action......................................................................................... 157
     §5519.    Causes for Action; Definitions; Unprofessional Conduct .................................................... 157
   Chapter 57. Athletic Trainers .................................................................................................................... 157
   Subchapter A. General Provisions ............................................................................................................. 157
     §5701.    Scope of Chapter ................................................................................................................... 157
     §5703.    General Definitions ............................................................................................................... 157
     §5705.    Special Definitions ................................................................................................................ 158
   Subchapter B. Prohibitions ........................................................................................................................ 158
     §5709.    Unauthorized Practices ......................................................................................................... 158
     §5711.    Exemptions ........................................................................................................................... 158
     §5713.    Prohibitions: Certified Athletic Trainers .............................................................................. 159
   Subchapter C. Ethical Guidelines and Standards of Practice .................................................................... 159
     §5715.    Ethical Guidelines ................................................................................................................. 159
     §5717.    Standards of Practice ............................................................................................................ 159
   Subchapter D. Grounds for Administrative Action ................................................................................... 159
     §5719.    Causes for Administrative Action......................................................................................... 159
     §5723.    Causes for Action; Definitions ............................................................................................. 159
   Chapter 59. Private Radiologic Technologists .......................................................................................... 160
   Subchapter A. Practice Requirements and Prohibitions ............................................................................ 160
     §5901.    Necessity of Certificate; Supervision Required .................................................................... 160
     §5903.    Physician's Responsibilities .................................................................................................. 160
   Chapter 61.    Medical Psychologists ...................................................................................................... 160
   Subchapter A. General Provisions ............................................................................................................. 160
     §6101.    Scope of Chapter ................................................................................................................... 160
   Subchapter B. Necessity for License, Exemptions ..................................................................................... 160
     §6103.    Necessity for License ............................................................................................................ 160
     §6105.    Exemptions ........................................................................................................................... 161
   Subchapter C. Ethical Guidelines, Authority, Limitations and Standards of Practice .............................. 161
     §6107.    Scope of Subchapter ............................................................................................................. 161
     §6109.    Ethical Guidelines ................................................................................................................. 161

Louisiana Administrative Code                              June 2012          xiv
                                                                Title 46, Part XLV

   §6111.   Authority of Practice ............................................................................................................. 161
   §6113.   Limitations of Practice .......................................................................................................... 161
   §6115.   Standards for Prescribing by Medical Psychologists without a Certificate of Advanced
            Practice.................................................................................................................................. 161
  §6117.    Standards for Prescribing by Medical Psychologists Holding a Certificate of Advanced
            Practice.................................................................................................................................. 162
  §6119.    Informed Consent ................................................................................................................. 163
Subchapter D. Grounds for Administrative Action ................................................................................... 163
  §6121.    Causes for Administrative Action......................................................................................... 163
Chapter 65. Dispensation of Medications ................................................................................................. 163
Subchapter A. General Provisions ............................................................................................................. 163
  §6501.    Scope of Chapter ................................................................................................................... 163
  §6503.    Definitions ............................................................................................................................ 163
  §6504.    Clinical Trials ....................................................................................................................... 164
Subchapter B. Prohibitions, Sanctions and Exceptions ............................................................................. 164
  §6505.    Prohibitions ........................................................................................................................... 164
  §6506.    Exceptions ............................................................................................................................. 164
  §6507.    Action against Medical License ............................................................................................ 165
  §6509.    Action against Registration ................................................................................................... 165
  §6511.    Reinstatement of Registration ............................................................................................... 165
Subchapter C. Registration ........................................................................................................................ 165
  §6513.    Eligibility for Registration as a Dispensing Physician ......................................................... 165
  §6515.    Registration Procedure .......................................................................................................... 166
  §6517.    Original Application ............................................................................................................. 166
  §6519.    Effect of Application ............................................................................................................ 166
  §6521.    Certification of Registration ................................................................................................. 166
  §6523.    Expiration of Registration ..................................................................................................... 167
  §6525.    Renewal of Registration........................................................................................................ 167
Subchapter D. Recordkeeping ................................................................................................................... 167
  §6527.    Purchases, Acquisitions ........................................................................................................ 167
  §6529.    Medication Inventories ......................................................................................................... 167
  §6531.    Dispensation Records ........................................................................................................... 168
  §6533.    Other Transaction Records ................................................................................................... 168
  §6535.    Separate Maintenance Records for Schedule II Substances ................................................. 168
  §6537.    Computerized Records .......................................................................................................... 168
  §6539.    Retention of Records ............................................................................................................ 169
  §6541.    Board Access to Records ...................................................................................................... 169
Subchapter E. Labeling and Packaging ..................................................................................................... 169
  §6543.    Labeling ................................................................................................................................ 169
  §6545.    Packaging for Dispensation .................................................................................................. 169
Subchapter F. Security............................................................................................................................... 169
  §6547.    Storage of Medications ......................................................................................................... 169
  §6549.    Security for Records ............................................................................................................. 169
  §6551.    Maintenance of Computerized Records ................................................................................ 169
Subchapter G. Reporting ........................................................................................................................... 170
  §6553.    Theft or Unexplained Loss of Controlled Substances .......................................................... 170
  §6555.    Termination of Practice or Dispensation .............................................................................. 170
  §6557.    Diversion of Medications...................................................................................................... 170
  §6559.    Other Reporting Requirements Unaffected .......................................................................... 170


                                                                          xv                 Louisiana Administrative Code                 June 2012
                                           PROFESSIONAL AND OCCUPATIONAL STANDARDS

   Subchapter H. Registrant Responsibilities ................................................................................................ 170
     §6561.     Personal Responsibility......................................................................................................... 170
   Chapter 67. Preventing Transmission of Hepatitis B Virus (HBV) and Human Immunodeficiency
                  Virus (HIV) during Exposure-Prone Invasive Procedures ................................................ 170
     §6701.     Scope of Chapter ................................................................................................................... 170
     §6703.     Definitions ............................................................................................................................ 170
     §6705.     Use of Infection Control Precautions.................................................................................... 171
     §6707.     Prohibitions and Restrictions ................................................................................................ 172
     §6709.     Exception; Informed Consent of Patient ............................................................................... 172
     §6711.     Self-Reporting ....................................................................................................................... 172
     §6713.     Confidentiality of Reported Information .............................................................................. 173
     §6715.     Interpretation ......................................................................................................................... 173
   Chapter 69. Prescription, Dispensation, and Administration of Medications ........................................... 173
   Subchapter A. Medications Used in the Treatment of Obesity ................................................................. 173
     §6901.     Scope of Subchapter ............................................................................................................. 173
     §6903.     Definitions ............................................................................................................................ 173
     §6905.     Prohibitions ........................................................................................................................... 173
     §6907.     Use of Schedule III-IV Anorectics; Conditions; Limitations ............................................... 174
     §6909.     Exemption of Controlled Scientific Studies ......................................................................... 175
     §6911.     Exceptions in Individual Cases ............................................................................................. 175
     §6913.     Effect of Violation ................................................................................................................ 175
   Subchapter B. Medications Used in the Treatment of Non-Cancer-Related Chronic or Intractable
                  Pain .................................................................................................................................... 176
     §6915.     Scope of Subchapter ............................................................................................................. 176
     §6917.     Definitions ............................................................................................................................ 176
     §6919.     General Conditions/Prohibitions........................................................................................... 176
     §6921.     Use of Controlled Substances, Limitations........................................................................... 176
     §6923.     Effect of Violation ................................................................................................................ 177
   Chapter 71. Integrative and Complementary Medicine ............................................................................ 178
   Subchapter A. General Provisions ............................................................................................................. 178
     §7101.     Scope of Chapter ................................................................................................................... 178
     §7103.     Definitions ............................................................................................................................ 178
     §7105.     General Conditions/Prohibitions........................................................................................... 178
     §7107.     Use of Integrative or Complementary Medicine; Limitations .............................................. 178
     §7109.     Effect of Violation ................................................................................................................ 179
   Subchapter B. Integrative or Complementary Medicine Advisory Committee ........................................ 179
     §7111.     Organization, Authority and Responsibilities ....................................................................... 179
   Chapter 72.     Consultation or Collaboration with Medical Psychologists ............................................. 180
   Subchapter A. General Provisions ............................................................................................................. 180
     §7201.     Preamble and Scope of Subchapter ...................................................................................... 180
     §7203.     Definitions ............................................................................................................................ 180
     §7205.     General Conditions ............................................................................................................... 181
     §7207.     General Prohibitions ............................................................................................................. 181
     §7209.     Authority, Responsibility and Limitations............................................................................ 181
     §7211.     Withdrawal or Termination of Concurrence ......................................................................... 182
     §7213.     Informed Consent ................................................................................................................. 183
     §7215.     Reporting Obligations ........................................................................................................... 183
     §7217.     Action against Medical License ............................................................................................ 183



Louisiana Administrative Code                              June 2012          xvi
                                                               Title 46, Part XLV

Chapter 73. Office-Based Surgery ............................................................................................................ 183
Subchapter A. General Provisions ............................................................................................................. 183
  §7301.    Scope of Chapter ................................................................................................................... 183
  §7303.    Definitions ............................................................................................................................ 183
  §7305.    Exemptions ........................................................................................................................... 184
  §7307.    Prohibitions ........................................................................................................................... 185
  §7309.    Prerequisite Conditions ......................................................................................................... 185
  §7311.    Administration of Anesthesia ............................................................................................... 186
  §7313.    Reports to the Board ............................................................................................................. 187
  §7315.    Effect of Violation ................................................................................................................ 187
Chapter 74. Collaborative Drug Therapy Management ............................................................................ 187
Subchapter A. General Provisions ............................................................................................................. 187
  §7401.    Scope of Subchapter ............................................................................................................. 187
  §7403.    Definitions ............................................................................................................................ 187
Subchapter B. Prohibitions and Exceptions .............................................................................................. 188
  §7405.    Prohibitions and Exceptions ................................................................................................. 188
Subchapter C. Registration ........................................................................................................................ 188
  §7407.    Eligibility for Registration .................................................................................................... 188
  §7409.    Registration Procedure .......................................................................................................... 189
  §7411.    Original Application; Issuance of Registration .................................................................... 189
  §7413.    Notice of Intent to Collaborate ............................................................................................. 190
  §7415.    Expiration of Registration; Renewal ..................................................................................... 190
Subchapter D. Collaborative Drug Therapy Advisory Committee ........................................................... 190
  §7417.    Constitution of Committee.................................................................................................... 190
  §7419.    Composition; Appointment................................................................................................... 190
  §7421.    Duties and Responsibilities ................................................................................................... 191
Subchapter E. Standards of Practice .......................................................................................................... 191
  §7423.    Authority, Responsibility and Limitations of Collaborative Drug Therapy Management ... 191
  §7425.    Informed Consent ................................................................................................................. 192
  §7427.    Collaborative Drug Therapy Management Agreement ........................................................ 192
  §7429.    Written Protocols .................................................................................................................. 193
  §7431.    Administration of Vaccines .................................................................................................. 194
  §7433.    Additional Refills .................................................................................................................. 194
  §7435.    Reporting Obligations and Responsibilities ......................................................................... 194
  §7437.    Records ................................................................................................................................. 195
Subchapter F. Sanctions ............................................................................................................................ 195
  §7439.    Action against Medical License ............................................................................................ 195
  §7441.    Action against Registration ................................................................................................... 195
  §7443.    Unauthorized Practice ........................................................................................................... 195
Chapter 75. Telemedicine ...................................................................................................................... 195
Subchapter A. General Provisions ............................................................................................................. 195
  §7501.    Scope of Subchapter ............................................................................................................. 195
  §7503.    Definitions ............................................................................................................................ 196
  §7505.    General Uses, Limitations..................................................................................................... 196
  §7507.    Prerequisite Conditions ......................................................................................................... 196
  §7509.    Providing Telemedicine Services; Records .......................................................................... 196
  §7511.    Informed Consent ................................................................................................................. 197
  §7513.    Prohibitions ........................................................................................................................... 197
  §7515.    Exceptions ............................................................................................................................. 197
  §7517.    Action against Medical License ............................................................................................ 198

                                                                          xvii               Louisiana Administrative Code                June 2012
                                          PROFESSIONAL AND OCCUPATIONAL STANDARDS

     §7519.    Action against Permit............................................................................................................ 198
     §7521.    Unauthorized Practice ........................................................................................................... 198
   Chapter 76. Definition of Enforcement Terms ...................................................................................... 198
   Subchapter A. General Provisions ............................................................................................................. 198
     §7601.    Scope of Chapter ................................................................................................................... 198
   Subchapter B. Unprofessional Conduct ..................................................................................................... 198
     §7603.    Unprofessional Conduct ....................................................................................................... 198
     §7605.    Effect of Violation ................................................................................................................ 200
                                            Subpart 4. Administrative Provisions
   Chapter 81. Fees and Costs ....................................................................................................................... 201
   Subchapter L. Private Radiologic Technologists ...................................................................................... 201
     §8183.    Scope of Subchapter ............................................................................................................. 201
     §8185.    Certification .......................................................................................................................... 201
                                                  Subpart 5. Rules of Procedure
   Chapter 99. Adjudication........................................................................................................................... 203
     §9901.     Scope of Chapter ................................................................................................................... 203
     §9903.     Complaint.............................................................................................................................. 203
     §9905.     Notice of Hearing.................................................................................................................. 203
     §9907.     Response to Complaint; Notice of Representation ............................................................... 203
     §9909.     Pleadings, Motions; Service ................................................................................................. 204
     §9911.     Prehearing Motions ............................................................................................................... 204
     §9913.     Motions for Continuance of Hearing .................................................................................... 204
     §9915.     Disposition of Prehearing Motions ....................................................................................... 204
     §9917.     Subpoenas for Hearing.......................................................................................................... 204
     §9919.     Prehearing Conference .......................................................................................................... 205
     §9921.     Conduct of Hearing; Record ................................................................................................. 205
     §9923.     Evidence................................................................................................................................ 205
     §9925.     Informal Disposition ............................................................................................................. 206
     §9927.     Decisions; Notice .................................................................................................................. 206
     §9929.     Rehearings ............................................................................................................................ 206
     §9931.      Emergency Action ............................................................................................................... 206
   Chapter 111. Clinical Laboratory Personnel ............................................................................................. 206
     §11101. Scope of Chapter ................................................................................................................... 206
     §11103. Definitions ............................................................................................................................ 207
     §11105. Investigation.......................................................................................................................... 207
     §11107. Disposition of Investigation .................................................................................................. 207
     §11109. Complaint.............................................................................................................................. 207
     §11111. Notice of Hearing.................................................................................................................. 208
     §11113. Response to Complaint; Notice of Representation ............................................................... 208
     §11115. Pleadings, Motions; Service ................................................................................................. 208
     §11117. Prehearing Motions ............................................................................................................... 208
     §11119. Motions for Continuance of Hearing .................................................................................... 209
     §11121. Disposition of Prehearing Motions ....................................................................................... 209
     §11123. Subpoenas for Hearing.......................................................................................................... 209
     §11125. Prehearing Conference .......................................................................................................... 209
     §11127. Conduct of Hearing; Record ................................................................................................. 210
     §11129. Evidence................................................................................................................................ 210
     §11131. Informal Disposition ............................................................................................................. 210

Louisiana Administrative Code                             June 2012          xviii
                                                        Title 46, Part XLV

§11133.   Recommended Decisions; Notice ......................................................................................... 211
§11135.   Rehearings ............................................................................................................................ 211
§11137.   Effect of Recommended Decision; Appeal to Board ............................................................ 211
§11139.   Appeal of Recommended Decision ...................................................................................... 211
§11141.   Conduct of Appeal before Board .......................................................................................... 211
§11143.   Decision by Board ................................................................................................................ 211
§11145.   Reconsideration on Appeal ................................................................................................... 212




                                                                  xix                 Louisiana Administrative Code                   June 2012
                                        Title 46
                       PROFESSIONAL AND OCCUPATIONAL STANDARDS
                                            Part XLV. Medical Professions
                                                     Subpart 1. General


           Chapter 1. Fees and Costs                                           Subchapter B. General Fees and
     Subchapter A. General Provisions                                                      Costs
                                                                       §113.    Miscellaneous Fees and Costs
§101.    Scope of Chapter
                                                                         A. For providing the services indicated, the following
  A. The rules of this Chapter prescribe the fees and costs
                                                                       fees shall be payable to and recoverable by the board.
payable to and recoverable by the board with respect to the
various services and functions performed by the board for or               1.   Photocopies of documents, per page            $ 0.25
on behalf of the applicants for licensure, certification, or
                                                                           2.   Certification of document as true copy        $ 2.00
registration, the holders of licenses and certificates issued by
the board and the public.                                                  3. Certification of document(s) as official
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       records                                                $ 4.00
37:1270 and 37:1281.                                                       4.   Official list of licensees                    $ 5.00
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR                  5. Duplicate original certificate of license,
10:906 (November 1984).                                                certificate of permit                                 $10.00
§103.    Form of Payment Required                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:1270 and 37:1281.
  A. Payment to the board of any fees or costs in excess of
                                                                         HISTORICAL NOTE: Promulgated by the Department of
$25 shall be made in the form of a check or money order.               Health and Human Resources, Board of Medical Examiners, LR
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  10:906 (November 1984).
37:1270 and 37:1281.                                                   §115.    Reciprocity Endorsement
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR                A. For processing and handling a request by any
10:906 (November 1984).                                                licensee, certificate or permit holder, or registrant for the
§105.    Payments Nonrefundable                                        board's endorsement of such person's licensure or
                                                                       certification status to another state for the purpose of
   A. Except as may be expressly provided by these rules,              reciprocity licensure or certification, a fee of $25 shall be
all fees and costs paid to the board shall be nonrefundable in         payable to the board.
their entirety.
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  37:1270 and 37:1281.
37:1270 and 37:1281.                                                     HISTORICAL NOTE: Promulgated by the Department of
  HISTORICAL NOTE: Promulgated by the Department of                    Health and Human Resources, Board of Medical Examiners, LR
Health and Human Resources, Board of Medical Examiners, LR             10:906 (November 1984).
10:906 (November 1984).
                                                                       §117.    Handling and Mailing Costs
§107.    Dishonored Checks
                                                                         A. In addition to any fees or costs elsewhere prescribed
  A. In addition to the amount of fees and costs elsewhere             in this Chapter, when any service performed by the board
prescribed in this Chapter, a handling charge of $10 shall be          requires, by its nature, or as requested by the person on
payable to the board by any person who, in payment of fees             whose behalf such service is performed, that the board incur
or costs, tenders to the board any check, draft, or other              any postage, mailing, shipping, handling, insurance, or other
instrument which is dishonored by the financial institution            costs, any such costs in excess of the then-applicable
against which it is drawn.                                             minimum first class postage shall be payable to and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  recoverable by the board.
37:1270 and 37:1281.                                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Department of                    37:1270 and 37:1281.
Health and Human Resources, Board of Medical Examiners, LR               HISTORICAL NOTE: Promulgated by the Department of
10:906 (November 1984).                                                Health and Human Resources, Board of Medical Examiners, LR
                                                                       10:906 (November 1984).




                                                                   1              Louisiana Administrative Code             June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

                                                                       HISTORICAL NOTE: Promulgated by the Department of
        Subchapter C. Physicians and                                 Health and Human Resources, Board of Medical Examiners, LR
               Surgeons Fees                                         10:907 (November 1984), amended by the Department of Health
                                                                     and Hospitals, Board of Medical Examiners, LR 21:1238
§123.    Scope of Subchapter                                         (November 1995), LR 30:238 (February 2004).
  A. The rules of this Subchapter prescribe the fees and             §131.    Annual Renewal
costs applicable to the licensing, certification, and
                                                                       A. For processing a licensee's annul renewal of license
registration of physicians and surgeons.
                                                                     under §417 of these rules, a fee of $300 shall be payable to
  AUTHORITY NOTE: Promulgated in accordance with R.S.                the board.
37:1270 and 37:1281.
  HISTORICAL NOTE: Promulgated by the Department of                    B. For processing a permit holder's annual renewal of a
Health and Human Resources, Board of Medical Examiners, LR           graduate medical education temporary permit, a fee of $100
10:906 (November 1984).                                              shall be payable to the board.
§125.    Licenses, Permits, and Examination                            C. For processing renewal of an institutional or other
  A. For processing applications for licensure of the type           temporary permit, a fee of $100 shall be payable to the
indicated, the following fees shall be payable to the board.         board.
                                                                       AUTHORITY NOTE: Promulgated in accordance with R.S.
    1. Standard application―$250
                                                                     37:1270 and 37:1281.
    2. Reciprocity application―$350                                    HISTORICAL NOTE: Promulgated by the Department of
                                                                     Health and Human Resources, Board of Medical Examiners, LR
  B. For processing applications for permits of the type             10:907 (November 1984), amended LR 12:767 (November 1986),
indicated, the following fees shall be payable to the board.         amended by the Department of Health and Hospitals, Board of
                                                                     Medical Examiners, LR 21:1238 (November 1995), LR 30:239
    1. Graduate medical education temporary permit―$200              (February 2004).
    2. Visiting physician permit―$100                                        Subchapter D. Podiatrists Fees
    3. Short-term residency permit―$100
                                                                     §137.    Scope of Subchapter
    4. Other institutional or temporary permits―$100
                                                                       A. The rules of this Subchapter prescribe the fees and
  C. For registration for and taking any step or portion of          costs applicable to the licensing of podiatrists.
the United States Medical Licensing Examination (USMLE)                AUTHORITY NOTE: Promulgated in accordance with R.S.
or of the Special Purpose Examination (SPEX), the fee                37:1270 and 37:1281.
which shall be payable by the applicant to the board shall be          HISTORICAL NOTE: Promulgated by the Department of
equal to the cost of the examination to the board as charged         Health and Human Resources, Board of Medical Examiners, LR
by the Federation of State Medical Boards of the United              10:907 (November 1984).
States, Inc. With respect to each scheduled administration of        §139.    Licenses, Permits, and Examination
an examination, the cost of the examination may be
determined upon request of the office of the board and shall           A. For processing an application for licensure as a
be set forth in application forms and materials furnished by         podiatrist, a fee of $300 shall be payable to the board.
the board upon request of the applicant.                               B. For issuing a temporary permit, a fee of $100 shall be
  D. When an applicant is required by Chapter 3 of these             payable to the board.
rules to take all or a portion of the USMLE, the fees                  C. For registration for and taking of the oral examination
prescribed by §125.C shall be added to the applicable                administered by the board, a fee of $50 shall be payable to
application processing fee.                                          the board.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  D. When an applicant is required by these rules to take
37:1270 and 37:1281.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                     the oral examination administered by the board, the fee
Health and Human Resources, Board of Medical Examiners, LR           prescribed by §139.C shall be added to the applicable
10:906 (November 1984), amended by the Department of Health          application processing fee.
and Hospitals, Board of Medical Examiners, LR 17:603 (June             AUTHORITY NOTE: Promulgated in accordance with R.S.
1991), LR 21:467 (May 1995), LR 21:1238 (November 1995),             37:1270, 37:1281, 37:613, 37: 618, 37: 621-622.
LR 30:238 (February 2004).                                             HISTORICAL NOTE: Promulgated by the Department of
§127.    Postgraduate Education Registration                         Health and Human Resources, Board of Medical Examiners, LR
                                                                     10:907 (November 1984), amended by the Department of Health
  A. For processing an application for and issuance of a             and Hospitals, Board of Medical Examiners, LR 30:239 (February
certificate of registration pursuant to Subchapter J of              2004).
Chapter 3 of these rules, a fee of $50 shall be payable to the       §141.    Annual Renewal
board.
                                                                        A. For processing a podiatrist's annual renewal of
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:1281.
                                                                     license, a fee of $200 shall be payable to the board.

Louisiana Administrative Code                   June 2012        2
                                                          Title 46, Part XLV

  AUTHORITY NOTE: Promulgated in accordance with R.S.                    AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:1281, 37:613, 37:618, 37:621-622.                          37:1270, 37:1281 and 37:3301-3312.
  HISTORICAL NOTE: Promulgated by the Department of                      HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR             Health and Human Resources, Board of Medical Examiners, LR
10:907 (November 1984), amended by the Department of Health            10:907 (November 1984), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 30:239 (February         and Hospitals, Board of Medical Examiners, LR 30:234 (February
2004).                                                                 2004).
§143.    Podiatric Postgraduate Education Registration                 §161.    Certification, Permits, and Examination
  A. For processing an application for and issuance of a                 A. For processing applications for certification as an
certificate of registration pursuant to Subchapter K of                athletic trainer, a fee of $125 shall be payable to the board.
Chapter 13 of these rules, a fee of $50 shall be payable to the
                                                                         B. For issuing a temporary permit, a fee of $50 shall be
board.
                                                                       payable to the board.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:1281, 37:613, 37:618, 37:621-622.                            C. For registration for and taking of the certification
  HISTORICAL NOTE: Promulgated by the Department of                    examination administered by the board, an applicant shall
Health and Hospitals, Board of Medical Examiners, LR 30:239            pay the fee that is charged by the entity developing the
(February 2004).                                                       examination.
   Subchapter E. Physicians Assistants                                   D. When an applicant is required by these rules to take
                                                                       the examination administered by the board, the fee
                 Fees                                                  prescribed by §161.C shall be added to the applicable
§147.    Scope of Subchapter                                           application processing fee.
  A. The rules of this Subchapter prescribe the fees and                 AUTHORITY NOTE: Promulgated in accordance with R.S.
costs applicable to the certification of physicians assistants.        37:1270, 37:1281 and 37:3301-3312.
                                                                         HISTORICAL NOTE: Promulgated by the Department of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  Health and Human Resources, Board of Medical Examiners, LR
37:1270, 37:1281 and 37:1360.24.                                       10:907 (November 1984), amended by the Department of Health
  HISTORICAL NOTE: Promulgated by the Department of                    and Hospitals, Board of Medical Examiners, LR 30:234 (February
Health and Human Resources, Board of Medical Examiners, LR             2004).
10:907 (November 1984).
                                                                       §163.    Annual Renewal
§149.    Certification
                                                                         A. For processing an application for annual renewal of
  A. For processing an application for certification as a              an athletic trainer's certification, a fee of $100 shall be
physician assistant, a fee of $250 shall be payable to the             payable to the board.
board.
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  37:1270, 37:1281 and 37:3301-3312.
37:1270, 37:1281, 37:1362.23, 37:1360.24.                                HISTORICAL NOTE: Promulgated by the Department of
  HISTORICAL NOTE: Promulgated by the Department of                    Health and Human Resources, Board of Medical Examiners, LR
Health and Human Resources, Board of Medical Examiners, LR             10:907 (November 1984), amended by the Department of Health
10:907 (November 1984), amended by the Department of Health            and Hospitals, Board of Medical Examiners, LR 30:235 (February
and Hospitals, Board of Medical Examiners, LR 30:238 (February         2004).
2004).
§153.    Annual Renewal
                                                                             Subchapter G. Occupational
                                                                         Therapists and Occupational Therapy
  A. For processing an application for annual renewal of a
physician assistant's certification, a fee of $150 shall be                         Assistants Fees
payable to the board.                                                  §171.    Scope of Subchapter
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:1281, 37:1360.23, 37:1360.27.
                                                                         A. The rules of this Subchapter prescribe the fees and
  HISTORICAL NOTE: Promulgated by the Department of                    costs applicable to the licensing of occupational therapists
Health and Human Resources, Board of Medical Examiners, LR             and occupational therapy assistants.
10:907 (November 1984), amended by the Department of Health              AUTHORITY NOTE: Promulgated in accordance with R.S.
and Hospitals, Board of Medical Examiners, LR 30:238 (February         37:1270 and 37:1281.
2004).                                                                   HISTORICAL NOTE: Promulgated by the Department of
   Subchapter F. Athletic Trainers Fees                                Health and Human Resources, Board of Medical Examiners, LR
                                                                       10:907 (November 1984).
§159.    Scope of Subchapter                                           §173.    Licenses and Permits
  A. The rules of this Subchapter prescribe the fees and                 A. For processing an application for an occupational
costs applicable to the certification of athletic trainers.            therapist's license a fee of $150 shall be payable to the
                                                                       board.


                                                                  3              Louisiana Administrative Code          June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

  B. For processing an application for an occupational               and Hospitals, Board of Medical Examiners, LR 34:1615 (August
therapy assistant's license a fee of $100 shall be payable to        2008).
the board.                                                           §185.    Certification
  C. For issuing a temporary permit, a fee of $50 shall be             A. For processing an application for certification as an
payable to the board.                                                acupuncturist or as an acupuncturist assistant, a fee of $200
  AUTHORITY NOTE: Promulgated in accordance with R.S.                shall be payable to the board.
37:3001-3014, 37:1270, 37:1281.                                        B. For processing an application for certification as an
  HISTORICAL NOTE: Promulgated by the Department of                  acupuncture detoxification specialist, a fee of $50 shall be
Health and Human Resources, Board of Medical Examiners, LR
10:907 (November 1984), amended by the Department of Health
                                                                     payable to the board.
and Hospitals, Board of Medical Examiners, LR 30:237 (February         AUTHORITY NOTE: Promulgated in accordance with R.S.
2004).                                                               37:1270, 37:1281 and 37:1360.
§175.    Annual Renewal                                                HISTORICAL NOTE: Promulgated by the Department of
                                                                     Health and Human Resources, Board of Medical Examiners, LR
  A. For processing an application for annual renewal of             10:907 (November 1984), amended by the Department of Health
an occupational therapist's license, a fee of $100 shall be          and Hospitals, Board of Medical Examiners, LR 30:234 (February
payable to the board.                                                2004), LR 34:1615 (August 2008).

  B. For processing an application for annual renewal of             §187.    Annual Renewal
an occupational therapy assistant's license a fee of $75 shall         A. For processing an application for annual renewal of
be payable to the board.                                             an acupuncturist's or acupuncturist assistant's certification, a
  C. If the application for renewal is received beyond the           fee of $100 shall be payable to the board.
deadline designated by the board, a late renewal fee of $35            B. For processing an application for annual renewal of
shall be payable to the board.                                       an acupuncture detoxification specialist, a fee of $25 shall be
  AUTHORITY NOTE: Promulgated in accordance with R.S.                payable to the board.
37:3001-3014, 37:1270, 37:1281.                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Department of                  37:1270, 37:1281 and 37:1360.
Health and Human Resources, Board of Medical Examiners, LR             HISTORICAL NOTE: Promulgated by the Department of
10:907 (November 1984), amended by the Department of Health          Health and Human Resources, Board of Medical Examiners, LR
and Hospitals, Board of Medical Examiners, LR 30:237 (February       10:908 (November 1984), amended by the Department of Health
2004).                                                               and Hospitals, Board of Medical Examiners, LR 30:234 (February
§177.    Reinstatement of License                                    2004), LR 34:1615 (August 2004).

   A. For processing an application for reinstatement of a             Subchapter I. Respiratory Therapists
license which has lapsed by expiration and nonrenewal, a fee
                                                                     §193.    Scope of Subchapter
of $25 shall be payable to the board in addition to the
applicable renewal fee.                                                A. The rules of this Subchapter prescribe the fees and
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                     costs applicable to the licensing of respiratory therapists.
37:1270 and 37:1281.                                                   AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Department of                  37:3351-3361, 37:1270 and 37:1281.
Health and Human Resources, Board of Medical Examiners, LR             HISTORICAL NOTE: Promulgated by the Department of
10:907 (November 1984).                                              Health and Human Resources, Board of Medical Examiners, LR
                                                                     10:908 (November 1984), amended by the Department of Health
        Subchapter H. Acupuncturists,                                and Hospitals, Board of Medical Examiners, LR 30:239 (February
        Acupuncturists' Assistants, and                              2004), LR 38:52 (January 2012).
         Acupuncture Detoxification                                  §195.    Licenses
              Specialists Fees                                         A. For processing an application for licensing a
                                                                     respiratory therapist, a fee of $125 shall be payable to the
§183.    Scope of Subchapter                                         board.
  A. The rules of this Subchapter prescribe the fees and              B. For processing a temporary license or a temporary
costs applicable to the certification of acupuncturists,             work permit, a fee of $50 shall be payable to the board.
acupuncturists' assistants and acupuncture detoxification
specialists.                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                     37:3351-3361, 37:1270, 37:1281.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  HISTORICAL NOTE: Promulgated by the Department of
37:1270 and 37:1281.                                                 Health and Human Resources, Board of Medical Examiners, LR
  HISTORICAL NOTE: Promulgated by the Department of                  10:908 (November 1984), amended by the Department of Health
Health and Human Resources, Board of Medical Examiners, LR           and Hospitals, Board of Medical Examiners, LR 30:240 (February
10:907 (November 1984), amended by the Department of Health          2004), LR 38:52 (January 2012).



Louisiana Administrative Code                   June 2012        4
                                                         Title 46, Part XLV

§197.    Annual Renewal                                                       Subchapter L. Clinical Exercise
   A. For processing an application for annual renewal of a                         Physiologists Fees
respiratory therapist's license, a fee of $85 shall be payable
to the board.                                                         §221.    Scope of Subchapter
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   A. The rules of this Subchapter prescribe the fees and
37:3351-3361, 37:1270 and 37:1281.                                    costs applicable to the licensing of clinical exercise
  HISTORICAL NOTE: Promulgated by the Department of                   physiologists.
Health and Hospitals, Board of Medical Examiners, LR 30:240
(February 2004), amended LR 38:52 (January 2012).                       AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      37:3421-3433, 37:1270 and 37:1281.
        Subchapter J. Midwives Fees                                     HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 30:235
§201.    Scope of Subchapter                                          (February 2004).
  A. The rules of this Subchapter prescribe the fees and              §223.    Licenses and Permits
costs applicable the licensing of midwives.                              A. For processing an application for a license as a
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 clinical exercise physiologist, a fee of $150 shall be payable
37:1270, 37:1281, 37:1277, 37:3243 and 37:3242.                       to the board.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR              AUTHORITY NOTE: Promulgated in accordance with R.S.
10:908 (November 1984).                                               37:3421-3433, 37:1270 and 37:1281.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
§203.    Licenses and Permits                                         Health and Hospitals, Board of Medical Examiners, LR 30:235
                                                                      (February 2004).
   A. For processing an application for a midwifery license,
a fee of $200 shall be payable to the board.                          §225.    Annual Renewal
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    A. For processing an application for annual renewal of a
37:3240-3257, 37:1270, 37:1281.                                       license as a clinical exercise physiologist, a fee of $100 shall
  HISTORICAL NOTE: Promulgated by the Department of                   be payable to the board.
Health and Human Resources, Board of Medical Examiners, LR
10:908 (November 1984), amended by the Department of Health             AUTHORITY NOTE: Promulgated in accordance with R.S.
and Hospitals, Board of Medical Examiners, LR 30:236 (February        37:3421-3433, 37:1270 and 37:1281.
2004).                                                                  HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 30:236
§205.    Renewal                                                      (February 2004).
  A. For processing an application for biannual renewal of               Subchapter M. Medical Psychologists
a midwifery license, a fee of $100 shall be payable to the
board.                                                                                 Fees
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 §231.    Scope of Subchapter
37:3240-3257, 37:1270, 37:1281.
  HISTORICAL NOTE: Promulgated by the Department of                     A. The rules of this Subchapter prescribe the fees and
Health and Hospitals, Board of Medical Examiners, LR 30:236           costs applicable to licensing and certification of medical
(February 2004).                                                      psychologists.
         Subchapter K. Adjudication                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      37:1270 and 37:1281; 37:1360.66.
             Proceedings Costs                                          HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 37:888
§209.    Subpoenas                                                    (March 2011).
  A. For issuance and service of a subpoena or subpoena               §233.    Licenses, Certificates, Permits
duces tecum with respect to an administrative hearing under
Chapter 99 of these rules, a fee of $4 shall be payable to the          A. For processing an application for licensure as a
board in addition to the witness fees prescribed by law [see          medical psychologist, a fee of $250 shall be payable to the
R.S. 49:956(5)].                                                      board.

  AUTHORITY NOTE: Promulgated in accordance with R.S.                   B. For processing an application for certification of the
37:1270 and 37:1281.                                                  advanced practice of medical psychology, a fee of $150 shall
  HISTORICAL NOTE: Promulgated by the Department of                   be payable to the board.
Health and Human Resources, Board of Medical Examiners, LR
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
10:908 (November 1984).
                                                                      37:1270, 37:1281, 37:1360.66.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health Hospitals, Board of Medical Examiners, LR 37:888 (March
                                                                      2011).



                                                                 5               Louisiana Administrative Code           June 2012
                                   PROFESSIONAL AND OCCUPATIONAL STANDARDS

§235.    Annual Renewal                                              AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                   37:1270, 37:1281, 37:1360.66.
  A. For processing a medical psychologist’s annual                  HISTORICAL NOTE: Promulgated by the Department of
renewal of license, a fee of $200 shall be payable to the          Health and Hospitals, Board of Medical Examiners, LR 37:888
board.                                                             (March 2011).
  B. For processing a medical psychologist’s annual
renewal of a certificate of advanced practice, a fee of $100
shall be payable to the board.




Louisiana Administrative Code                  June 2012       6
                                        Title 46
                       PROFESSIONAL AND OCCUPATIONAL STANDARDS
                                           Part XLV. Medical Professions
                                     Subpart 2. Licensure and Certification


              Chapter 3. Physicians                                          b. the applicant has not, prior to or in connection
                                                                      with his application, made any representation to the board,
    Subchapter A. General Provisions                                  knowingly or unknowingly, which is in fact false or
                                                                      misleading as to a material fact or omits to state any fact or
§301.    Scope of Chapter                                             matter that is material to the application; or
  A. The rules of this Chapter govern the licensing of                       c. the applicant has not made any representation or
physicians to engage in the practice of medicine in the state         failed to make a representation or engaged in any act or
of Louisiana.                                                         omission which is false, deceptive, fraudulent, or misleading
   AUTHORITY NOTE: Promulgated in accordance with R.S.                in achieving or obtaining any of the qualifications for a
37:1270, 37:1271, 37:1272 and 37:1274.                                license or permit required by this Chapter.
   HISTORICAL NOTE: Promulgated by the Department of                       License―the lawful authority of a physician to engage
Health and Hospitals, Board of Medical Examiners, LR 10:908
(November 1984), amended LR 16:513 (June 1990), LR 27:835
                                                                      in the practice of medicine in the state of Louisiana, as
(June 2001).                                                          evidenced by a certificate duly issued by and under the
                                                                      official seal of the board.
§303.    Definitions
                                                                          Medical Practice Act or the Act―R.S. 37:1261-1292, as
  A. As used in this Chapter, the following terms shall               hereafter amended or supplemented.
have the meanings specified.
                                                                         NBOME―the National Board of Osteopathic Medical
    ABMS―the American Board of Medical Specialties.                   Examiners.
    AOA―the American Osteopathic Association.                              Permit―the lawful authority of a physician to engage in
     Applicant―a person who has applied to the board for a            the practice of medicine in the state of Louisiana for a
license or permit to engage in the practice of medicine in the        designated, temporary period of time, subject to restrictions
state of Louisiana or for a registration to engage in the first       and conditions specified by the board, as evidenced by a
year of continuing postgraduate medical education.                    certificate duly issued by and under the official seal of the
                                                                      board. A permit is of determinate, limited duration and
     Application―a written request directed to and received           implies no right or entitlement to a license or to renewal of
by the board, upon forms supplied by the board, for a license         the permit.
or permit to practice medicine in the state of Louisiana or for
a registration to engage in the first year of continuing                   Physician―a person possessing a doctor of medicine
postgraduate medical education, together with all                     (allopathic/M.D.), doctor of osteopathy or doctor of
information, certificates, documents, and other materials             osteopathic medicine degree (osteopathic/D.O.) or an
required by the board to be submitted with such forms.                equivalent degree duly awarded by a medical or osteopathic
                                                                      educational institution approved by the board pursuant to
   COMLEX-USA―the          Comprehensive          Osteopathic         §§333 to 341 of this Chapter.
Medical Licensing Examination-USA.
                                                                           Postgraduate Year One (Internship) Registration―the
    COMVEX-USA―the          Comprehensive Osteopathic                 lawful authority of a physician to engage in the first year of
Medical Variable-Purpose Examination-USA administered                 continuing postgraduate medical education in the state of
under the auspices of the NBOME.                                      Louisiana at a medical education or internship program
    FSMB―the Federation of State Medical Boards of the                approved by the board, as evidenced by a certificate of
United States, Inc.                                                   registration duly issued by and under the official seal of the
                                                                      board.
   Good Moral Character―as applied to an applicant,
means that:                                                               SPEX―the Special Purpose Examination administered
                                                                      under the auspices of the FSMB.
      a. the applicant has not, prior to or during the
pendency of an application to the board, been guilty of any               State―any state of the United States, the District of
act, omission, condition, or circumstance which would                 Columbia and Puerto Rico.
provide legal cause under R.S. 37:1285 for the suspension or             USMLE―the         United    States     Medical     Licensing
revocation of medical licensure;                                      Examination.


                                                                  7             Louisiana Administrative Code             June 2012
                                        PROFESSIONAL AND OCCUPATIONAL STANDARDS

  B. Masculine terms wheresoever used in this Chapter                   b. both components of the Federation Licensing
shall also be deemed to include the feminine.                      Examination (FLEX) of the FSMB; or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    c. all three parts of the examinations of the National
37:1270, 37:1271 and 37:1274.                                      Board of Medical Examiners (NBME); or
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR                d. Step 1 of the USMLE or Part I of the NBME,
10:908 (November 1984), amended by the Department of Health        Step 2 of the USMLE or Part II of the NBME, and Step 3 of
and Hospitals, Board of Medical Examiners, LR 16:513 (June         the USMLE or Part III of the NBME; or
1990), LR 27:835 (June 2001), LR 31:1582 (July 2005).
                                                                       e. Component 1 of the FLEX and Step 3 of the
         Subchapter B. Graduates of                                USMLE; or
        American and Canadian Medical                                    f. Step 1 of the USMLE or Part I of the NBME and
             School and Colleges                                   Step 2 of the USMLE or Part II of the NBME and
                                                                   Component 2 of the FLEX; or
§309.    Scope of Subchapter
                                                                         g. Levels 1 and 2 of the COMLEX-USA
  A. The rules of this Subchapter govern the licensing of          examinations or its predecessor, the NBOME, or any
physicians who are graduates of medical or osteopathic             combination thereof developed by the National Board of
schools and colleges approved by the board located within          Osteopathic Medical Examiners (NBOME) and Step 3 of
any state or in Canada.                                            USMLE; or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    h. all three levels of the COMLEX-USA
37:1270, 37:1271, 37:1272, 37:1274 and 37:1275.1.
                                                                   examination, or its predecessor, the NBOME, or any
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR         combination thereof; and
10:908 (November 1984), amended by the Department of Health             6. have completed at least one year of postgraduate
and Hospitals, Board of Medical Examiners, LR 16:513 (June         clinical training in a medical internship or equivalent
1990), LR 27:836 (June 2001).
                                                                   program accredited by the American Council on Graduate
§311.    Qualifications for License                                Medical Education (ACGME) of the American Medical
  A. To be eligible for a license, an applicant shall:             Association, or by the American Osteopathic Association
                                                                   (AOA), or by the Royal College of Physicians and Surgeons
    1.   be at least 21 years of age;                              (RCPS) of Canada, and approved by the board. A combined
    2.   be of good moral character as defined by §303.A;          postgraduate year one training program that is not accredited
                                                                   shall be deemed to satisfy the requirements of this Section
     3. be a citizen of the United States or possess valid         provided each program comprising the combined program is
and current legal authority to reside and work in the United       accredited by the ACGME or by the AOA or by the RCPS.
States duly issued by the commissioner of the Immigration
and Naturalization Service of the United States under and             B. Pursuant to Paragraph A.5 of this Section applicants
pursuant to the Immigration and Nationality Act (66 Stat.          are required to have successfully completed all steps,
163) and the commissioner's regulations thereunder (8              components, parts, or levels of an approved examination
CFR);                                                              within the prior 10 years and within a span of not more than
                                                                   10 years. An applicant who is otherwise fully qualified for
    4.   possess:                                                  licensure, but whose successful completion of all steps,
                                                                   components, parts, or levels of an approved examination
      a. a doctor of medicine or equivalent degree duly
                                                                   spanned a period of more than 10 years, shall nonetheless be
issued and conferred by a medical school or college
                                                                   eligible for licensing provided that such applicant:
approved by the board; or
                                                                        1. has within the past three years, completed a medical
      b. a doctor of osteopathic medicine or doctor of
                                                                   residency training program accredited by the ACGME,
osteopathy degree issued and conferred on or after June 1,
                                                                   AOA, or RCPS; and
1971, by a school or college of osteopathic medicine
approved by the board;                                                  2. is continuing training in a postgraduate year four or
                                                                   fellowship program in the same specialty or subspecialty; or
     5. have within the prior 10 years, in conformity with
the restrictions and limitations prescribed by §387 of these           3. has been practicing or is commencing practice in
rules, and subject to the exception provided for certain           the same specialty or subspecialty in which the physician
applicants for licensure by reciprocity provided by §353,          completed residency or fellowship training.
taken and passed:
                                                                     C. The burden of satisfying the board as to the
      a. all three steps of the United States Medical              qualifications and eligibility of the applicant for licensure
Licensing Examination (USMLE) of the Federation of State           shall be upon the applicant. An applicant shall not be
Medical Boards of the United States, Inc. (FSMB); or               deemed to possess such qualifications unless the applicant
                                                                   demonstrates and evidences such qualifications in the
                                                                   manner prescribed by, and to the satisfaction of, the board.

Louisiana Administrative Code                    June 2012     8
                                                           Title 46, Part XLV

   AUTHORITY NOTE: Promulgated in accordance with R.S.                    AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:1271, 37:1272, 37:1274 and 37:1275.1.                       37:1270, 37:1271, 37:1272 and 37:1275.1.
   HISTORICAL NOTE: Promulgated by the Department of                      HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR              Health and Human Resources, Board of Medical Examiners, LR
10:908 (November 1984), amended by the Department of Health             10:909 (November 1984), amended LR 12:528 (August 1986),
and Hospitals, Board of Medical Examiners, LR 16:513 (June              amended by the Department of Health and Hospitals, Board of
1990), LR 27:836 (June 2001), LR 31:1583 (July 2005), LR 37:337         Medical Examiners, LR 16:514 (June 1990), LR 27:837 (June
(January 2011).                                                         2001).
§313.    Procedural Requirements                                        §323.    Qualifications for License
   A. In addition to the substantive qualifications specified             A. To be eligible for a license, an international medical
in §311, to be eligible for a license, an applicant shall satisfy       graduate applicant shall:
the procedures and requirements for application provided by
                                                                             1. possess all of the substantive qualifications for
§§359 to 365 of this Chapter and, if applicable, the
                                                                        license specified by §311 of this Chapter;
procedures and requirements for examination provided by
§§371 to 391 of this Chapter.                                               2. have taken and successfully passed the examination
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        administered by the Educational Council on Foreign Medical
37:1270, 37:1271, 37:1272, 37:1274 and 37:1275.1.                       Graduates (ECFMG), or its successor examination having
  HISTORICAL NOTE: Promulgated by the Department of                     successfully passed the USMLE in accordance with the
Health and Human Resources, Board of Medical Examiners, LR              standards, restrictions and limitations prescribed by §§385
10:908 (November 1984), amended by the Department of Health             and 387 of this Chapter;
and Hospitals, Board of Medical Examiners, LR 16:513 (June
1990), LR 27:837 (June 2001).                                               3. be competent and proficient in speaking,
                                                                        understanding, reading, and writing the English language;
§315.    Waiver of Qualifications                                       and
   A. Upon request by an applicant, supported by
                                                                             4. have completed at least three years of postgraduate
certification from the dean of a medical school or college
                                                                        clinical training in the United States or in Canada in a
within the state of Louisiana which is approved by the board,
                                                                        medical residency or equivalent program accredited by the
the board may, in its discretion, waive the qualifications for
                                                                        ACGME of the American Medical Association, or by the
licensure otherwise required by §311.A.5 or 6, in favor of an
                                                                        RCPS of Canada, and approved by the board. To be
applicant who has been formally appointed by and with such
                                                                        approved by the board such program must be offered and
medical school or college to a full-time position at a rank of
                                                                        taken in an institution offering not fewer than two residency
assistant professor or above. The practice of such an
                                                                        or equivalent programs accredited by the ACGME or the
individual shall be limited to the medical school or college
                                                                        RCPS; the program in which the applicant participates must
for which such person has been approved by the board, and
                                                                        evidence the applicant's progressive responsibility for patient
to hospitals and clinics affiliated with such medical school or
                                                                        care; and the three years of such a program must be in the
college.
                                                                        same specialty or alternatively, constitute the IMG, upon
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   completion of the three years of such program, as eligible for
37:1270, 37:1271, 37:1272, 37:1274 and 37:1275.1.                       specialty board certification or for postgraduate year four
  HISTORICAL NOTE: Promulgated by the Department of                     (PGY-4) training.
Health and Human Resources, Board of Medical Examiners, LR
10:909 (November 1984), amended by the Department of Health                B. In addition to the qualifications specified in §323.A, if
and Hospitals, Board of Medical Examiners, LR 16:513 (June              an IMG applicant has participated in any clinical clerkship
1990), LR 27:837 (June 2001), LR 35:1110 (June 2009).                   program within the United States as part of the academic
                                                                        training requisite to his doctor of medicine degree, such
  Subchapter C. International Medical                                   clinical clerkship program shall be subject to approval by the
              Graduates                                                 board as a condition of the applicant's eligibility for
                                                                        licensure. Such a clinical clerkship program may be
§321.    Scope of Subchapter; Definition
                                                                        approved by the board only if, at the time the applicant
   A. The rules of this Subchapter specify additional                   participated in such program, the clinical clerkship program
qualifications, requirements, and procedures for the                    was accredited or approved by the ACGME, the clinical
licensing of physicians who are international medical                   clerkship was served in a hospital or other institution
graduates.                                                              accredited by the Joint Commission on Accreditation of
                                                                        Health Care Organizations, and the applicant's supervising
  B. As used in this Subchapter, the term international
                                                                        physician within such program held formal appointment as a
medical graduate or IMG means a graduate of a medical
                                                                        professor or associate professor of the medical school or
school or college not located in any state or in Canada,
                                                                        college sponsoring such program; provided, however, that
recognized and officially listed by the World Health
                                                                        notwithstanding a clinical clerkship program's satisfaction of
Organization and not affirmatively disapproved by the
                                                                        these standards, the board may decline to approve any such
board.
                                                                        program upon a finding that it was not substantially
                                                                        equivalent to the clinical clerkships offered by the medical


                                                                    9              Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

schools and colleges accredited by the Liaison Committee                    Subchapter D. Board Approval of
on Medical Education of the American Medical Association
and the Association of American Medical Colleges.                             Medical Schools and Colleges
   C. The burden of satisfying the board as to the                     §333.    Scope of Subchapter
qualifications and eligibility of the IMG applicant for                  A. The rules of this Subchapter provide the method and
licensure shall be upon the applicant. An applicant shall not          procedures by which medical schools and colleges and
be deemed to possess such qualifications unless the                    schools or colleges of osteopathic medicine are approved by
applicant demonstrates and evidences such qualifications in            the board.
the manner prescribed by, and to the satisfaction of, the
board.                                                                   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:1270 and 37:1272.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    HISTORICAL NOTE: Promulgated by the Department of
37:1270, 37:1272 and 37:1275.1.                                        Health and Human Resources, Board of Medical Examiners, LR
  HISTORICAL NOTE: Promulgated by the Department of                    10:909 (November 1984), amended by the Department of Health
Health and Human Resources, Board of Medical Examiners, LR             and Hospitals, Board of Medical Examiners, LR 16:515 (June
10:909 (November 1984, amended LR 12:528 (August 1986),                1990), LR 27:838 (June 2001).
amended by the Department of Health and Hospitals, Board of
Medical Examiners, LR 16:514 (June 1990), LR 27:837 (June              §335.    Applicability of Approval
2001).                                                                    A. Graduation from an approved school is among the
§325.    Procedural Requirements                                       qualifications requisite to medical licensure as provided by
                                                                       §311.A.4 (American and Canadian graduates), §323.A.1
  A. In addition to the substantive qualifications specified
                                                                       (international medical graduates), and §353 (reciprocity
in §323, to be eligible for a license, an IMG applicant shall
                                                                       applicants). This qualification will be deemed to be satisfied
satisfy the procedures and requirements for application
                                                                       if the school or college from which the applicant graduated
provided by §§359 to 365 of this Chapter; if applicable, the
                                                                       was approved by the board as of the date the applicant's
procedures and requirements for examination provided in
                                                                       degree was issued.
§§371 to 391 of this Chapter; and shall provide certified
verification of his medical school transcript, reflecting the            AUTHORITY NOTE: Promulgated in accordance with R.S.
courses and hours taken and grades achieved together with a            37:1270 and 37:1272.
detailed description of each clinical clerkship in which the             HISTORICAL NOTE: Promulgated by the Department of
applicant may have participated as part of his medical                 Health and Human Resources, Board of Medical Examiners, LR
                                                                       10:909 (November 1984), amended by the Department of Health
education, specifying the inclusive dates and sites of any             and Hospitals, Board of Medical Examiners, LR 16:515 (June
such clerkship and the name and address of the applicant's             1990), LR 27:838 (June 2001).
supervising physician therein.
                                                                       §337.    Approval of American Schools and Colleges
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:1272 and 37:1275.1.                                          A. A medical school or college located in any state
  HISTORICAL NOTE: Promulgated by the Department of                    which is currently accredited by the Liaison Committee on
Health and Human Resources, Board of Medical Examiners, LR             Medical Education of the American Medical Association and
10:908 (November 1984), amended by the Department of Health            the Association of American Medical Colleges, or their
and Hospitals, Board of Medical Examiners, LR 16:515 (June             successors, shall be concurrently considered approved by the
1990), LR 27:838 (June 2001).                                          board.
§327.    Waiver of Qualifications
                                                                         B. A school or college of osteopathic medicine located in
  A. The waiver of qualifications provided by §315 of this             any state which is currently accredited by the American
Chapter shall be available to international medical graduate           Osteopathic Association, or its successor, shall be
applicants.                                                            concurrently considered approved by the board.
  B. Upon request by an applicant, the board may, in its                 AUTHORITY NOTE: Promulgated in accordance with R.S.
discretion, waive the necessity of successfully passing the            37:1270 and 37:1272.
ECFMG examination, as otherwise required by §323.A.2, in                 HISTORICAL NOTE: Promulgated by the Department of
favor of an applicant who is currently certified by a specialty        Health and Human Resources, Board of Medical Examiners, LR
                                                                       10:909 (November 1984), amended by the Department of Health
board recognized by the American Board of Medical                      and Hospitals, Board of Medical Examiners, LR 16:516 (June
Specialties.                                                           1990), amended LR 27:838 (June 2001).
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  §339.    Approval of Canadian Schools
37:1270, 37:1272 and 37:1275.1.
  HISTORICAL NOTE: Promulgated by the Department of                      A. A medical school or college located in Canada which
Health and Human Resources, Board of Medical Examiners, LR             is currently accredited by the RCPS of Canada, or its
10:909 (November 1984), amended by the Department of Health            successor, shall be concurrently considered approved by the
and Hospitals, Board of Medical Examiners, LR 16:515 (June             board.
1990), LR 27:838 (June 2001).
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:1270 and 37:1272.


Louisiana Administrative Code                    June 2012        10
                                                          Title 46, Part XLV

  HISTORICAL NOTE: Promulgated by the Department of                    examination within 10 years of the date of application, shall
Health and Human Resources, Board of Medical Examiners, LR             nonetheless be considered eligible for licensure by
10:909 (November 1984), amended by the Department of Health            reciprocity if such applicant has, within 10 years prior to the
and Hospitals, Board of Medical Examiners, LR 27:838 (June             date of application, taken and successfully passed the
2001).
                                                                       Special Purpose Examination (SPEX), administered under
§341.    Recognition of International Medical Schools                  the auspices of the Federation of State Medical Boards of the
  A. To be considered acceptable as evidence of basic                  United States, Inc. (FSMB), or the Comprehensive
medical education, a medical school or college not located in          Osteopathic Medical Variable-Purpose Examination-USA
any state or in Canada shall, at a minimum, be recognized              (COMVEX-USA), administered under the auspices of the
and officially listed by the World Health Organization and             NBOME, as may be determined by the board.
not affirmatively disapproved by the board.                               C. The waiver of qualifications provided by §311.B of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  this Chapter shall be available to reciprocity applicants.
37:1270 and 37:1272.                                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Department of                    37:1270 and 37:1276.
Health and Human Resources, Board of Medical Examiners, LR               HISTORICAL NOTE: Promulgated by the Department of
10:909 (November 1984), amended LR 12:528 (August 1986),               Health and Human Resources, Board of Medical Examiners, LR
amended by the Department of Health and Hospitals, Board of            10:910 (November 1984), amended LR 14:149 (March 1988),
Medical Examiners, LR 16:516 (June 1990), LR 27:839 (June              amended by the Department of Health and Hospitals, Board of
2001).                                                                 Medical Examiners, LR 16:516 (June 1990), LR 27:839 (June
         Subchapter E. Licensure by                                    2001), LR 31:1583 (July 2005), LR 37:338 (January 2011).

                Reciprocity                                                       Subchapter F. Application
§351.    Definition                                                    §359.    Purpose and Scope
  Licensure by Reciprocity―the issuance of a license to                   A. The rules of this Subchapter govern the procedures
practice medicine on the basis of medical licensure by                 and requirements applicable to application to the board for
another state medical or osteopathic licensing authority               licensing as a physician in the state of Louisiana.
pursuant to written examination acceptable to the board as               AUTHORITY NOTE: Promulgated in accordance with R.S.
specified by §353.                                                     37:1270 and 37:1278.
                                                                         HISTORICAL NOTE: Promulgated by the Department of
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       Health and Human Resources, Board of Medical Examiners, LR
37:1270 and 37:1276.
                                                                       10:910 (November 1984), amended by the Department of Health
  HISTORICAL NOTE: Promulgated by the Department of
                                                                       and Hospitals, Board of Medical Examiners, LR 27:839 (June
Health and Human Resources, Board of Medical Examiners, LR
                                                                       2001).
10:909 (November 1984), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 16:515 (June             §361.    Application Procedure
1990), LR 27:839 (June 2001).
                                                                         A. Application for unrestricted licensing shall be made
§353.    Qualifications for Medical Licensure by                       upon forms supplied by the board.
         Reciprocity
                                                                         B. Application forms and instructions pertaining thereto
   A. An applicant who possesses and meets all of the                  may be obtained at any time from the board's web page at
qualifications and requirements specified by §§311-313 of              www.lsbme.org or upon written request directed to the office
this Chapter, including but not limited to the restrictions and        of the board, 630 Camp Street, New Orleans, LA, 70130.
limitations prescribed by §387, save for successfully passing          Application forms will be mailed by the board within 30
the examinations in the manner specified by §311.A.5.a-h               days of the board's receipt of request therefor.
within the prior 10 years, shall nonetheless be eligible for
licensing if such applicant possesses, as of the time the                C. An application for licensing under this Chapter shall
application is filed and at the time the board passes upon             include:
such application, a current, unrestricted license to practice               1. proof, documented in a form satisfactory to the
medicine issued by the medical (whether allopathic or                  board, that the applicant possesses the qualifications set forth
osteopathic) licensing authority of another state, and the             in this Chapter;
applicant has, within 10 years prior to the date of
application, taken and successfully passed a written                       2.   three recent photographs of the applicant; and
certification or recertification examination administered by               3. a certified copy of the applicant's birth certificate,
and leading to certification or recertification by a specialty         along with such other information and documentation as the
board recognized by the American Board of Medical                      board may require to evidence qualification for licensing.
Specialties (ABMS) or the American Osteopathic
Association (AOA).                                                       D. All documents required to be submitted to the board
                                                                       must be the original thereof. For good cause shown, the
  B. An applicant who possesses all of the qualifications              board may waive or modify this requirement.
for licensure by reciprocity specified by §353.A, save for
having taken or passed a written medical competence

                                                                  11              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  E. The board may refuse to consider any application                   which the applicant has applied for membership, to disclose
which is not complete in every detail, including submission             and release to the board any and all information and
of every document required by the application form. The                 documentation concerning the applicant which the board
board may, in its discretion, require a more detailed or                deems material to consideration of the application. With
complete response to any request for information set forth in           respect to any such information or documentation, the
the application form as a condition to consideration of an              submission of an application for licensing to the board shall
application.                                                            equally constitute and operate as a consent by the applicant
                                                                        to disclosure and release of such information and
  F. Each application submitted to the board shall be
                                                                        documentation and as a waiver by the applicant of any
accompanied by the applicable fees, as provided in these
                                                                        privilege or right of confidentiality which the applicant
rules and the Medical Practice Act.
                                                                        would otherwise possess with respect thereto.
   G. Upon submission of or concurrently with submission
                                                                           B. By submission of an application for licensing to the
of a completed application, an applicant shall, by
                                                                        board, an applicant shall be deemed to have given his
appointment, make a personal appearance before the board,
                                                                        consent to submit to physical or mental examinations if,
a member of the board, or its designee, as a condition to the
                                                                        when, and in the manner so directed by the board and to
board's consideration of such application. At the time of such
                                                                        waive all objections as to the admissibility or disclosure of
appearance, the applicant shall present the original of the
                                                                        findings, reports, or recommendations pertaining thereto on
documents       required     under      this    Chapter.   The
                                                                        the grounds of privileges provided by law. The expense of
recommendation of the board, board member, or designee as
                                                                        any such examination shall be borne by the applicant.
to the applicant's fitness for licensure shall be made a part of
the applicant's file.                                                      C. The submission of an application for licensing to the
                                                                        board shall constitute and operate as an authorization and
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:1277, 37:1278 and 37:1281.                                  consent by the applicant to the board to disclose and release
  HISTORICAL NOTE: Promulgated by the Department of                     any information or documentation set forth in or submitted
Health and Human Resources, Board of Medical Examiners, LR              with the applicant's application or obtained by the board
10:910 (November 1984), amended by the Department of Health             from other persons, firms, corporations, associations, or
and Hospitals, Board of Medical Examiners, LR 16:516 (June              governmental entities pursuant to §365.A or B to any person,
1990), LR 27:839 (June 2001).                                           firm, corporation, association, or governmental entity having
§363.    Additional Requirements for International                      a lawful, legitimate, and reasonable need therefor, including,
         Medical Graduates                                              without limitation, the medical licensing authority of any
                                                                        state; the Federation of State Medical Boards of the United
   A. Any diploma or other document required to be                      States; the American Medical Association; the American
submitted to the board by an IMG applicant which is not in              Osteopathic Association; the Louisiana Osteopathic
the English language must be accompanied by a certified                 Association; any component state and county or parish
translation thereof into English.                                       medical society, including the Louisiana State Medical
  B. In addition to the procedures and requirements set                 Society and component parish societies thereof; the Federal
forth in §361, upon submission of a completed application,              Drug Enforcement Agency; the Louisiana Office of
an IMG applicant shall, by appointment, make a personal                 Narcotics and Dangerous Drugs, Division of Licensing and
appearance before a member of the board as a condition to               Registration; the Department of Health and Hospitals;
the board's consideration of such application.                          federal, state, county, parish and municipal health and law
                                                                        enforcement agencies; and the Armed Services.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:1278.                                                      D. The board, acting through its president or a member
  HISTORICAL NOTE: Promulgated by the Department of                     designated by the president, may approve the issuance of a
Health and Human Resources, Board of Medical Examiners, LR              directive or order to carry out the provisions of this Section.
10:910 (November 1984), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 16:517 (June                AUTHORITY NOTE: Promulgated in accordance with R.S.
1990), LR 27:840 (June 2001).                                           37:1270 and 37:1278.
                                                                          HISTORICAL NOTE: Promulgated by the Department of
§365.    Effect of Application                                          Health and Human Resources, Board of Medical Examiners, LR
   A. The submission of an application for licensing to the             10:911 (November 1984), amended by the Department of Health
board shall constitute and operate as an authorization by the           and Hospitals, Board of Medical Examiners, LR 16:517 (June
                                                                        1990), LR 27:840 (June 2001), LR 34:2401 (November 2008).
applicant to each educational institution at which the
applicant has matriculated, each state or federal agency to                      Subchapter G. Examination
which the applicant has applied for any license, permit,
certificate, or registration, each person, firm, corporation,           §371.    Designation of Examinations
clinic, office, or institution by whom or with whom the                   A. Examinations recognized by the board pursuant to
applicant has been employed in the practice of medicine,                R.S. 37:1272(5) as qualifying for a license to practice
each physician or other health care practitioner whom the               medicine include those examinations set forth and in the
applicant has consulted or seen for diagnosis or treatment              manner specified by §311.A.5. Application for taking Step 3
and each professional organization or specialty board to                of the USMLE is made to the board.

Louisiana Administrative Code                     June 2012        12
                                                         Title 46, Part XLV

  AUTHORITY NOTE: Promulgated in accordance with R.S.                 and Hospitals, Board of Medical Examiners, LR 16:518 (June
37:1270, 37:1272 and 37:1273.                                         1990), LR 27:841 (June 2001).
  HISTORICAL NOTE: Promulgated by the Department of                   §381.    Finding of Subversion
Health and Human Resources, Board of Medical Examiners, LR
10:911 (November 1984), amended by the Department of Health              A. When, during the administration of examination, the
and Hospitals, Board of Medical Examiners, LR 16:518 (June            reasonable cause exists to believe that an applicant-examinee
1990), LR 27:840 (June 2001).                                         is engaging or attempting to engage, or has engaged or
§379.    Subversion of Examination Process                            attempted to engage, in conduct which subverts or
                                                                      undermines the integrity of the examination process, the
   A. An applicant-examinee who is reported to the board
                                                                      entity administering the examination shall take such action
as having engaged or attempted to engage in conduct which
                                                                      as it deems necessary or appropriate to terminate such
subverts or undermines the integrity of the examination
                                                                      conduct and shall report such conduct in writing to the
process shall be subject to the sanctions specified in §383 of
                                                                      board.
this Chapter.
                                                                         B. When the board, upon information provided by the
  B. Conduct which subverts or undermines the integrity
                                                                      entity administering the examination, an applicant-examinee,
of the examination process shall be deemed to include:
                                                                      or any other person, has probable cause to believe that an
    1. refusing or failing to fully and promptly comply               applicant has engaged or attempted to engage in conduct
with any rules, procedures, instructions, directions, or              which subverts or undermines the integrity of the
requests made or prescribed by the entity offering the                examination process, the board shall so advise the applicant
examination or those administering it;                                in writing, setting forth the grounds for its finding of
                                                                      probable cause, specifying the sanctions which are mandated
     2. removing from the examination room or rooms any
                                                                      or permitted for such conduct by §383 of this Subchapter
of the examination materials;
                                                                      and provide the applicant with an opportunity for hearing
     3. reproducing or reconstructing, by copy, duplication,          pursuant to R.S. 49:955-58 and applicable rules of the board
written notes, or electronic recording, any portion of the            governing administrative hearings. Unless waived by the
licensing examination;                                                applicant, the board's finding of fact, its conclusions of law
                                                                      under these rules, and its decision as to the sanctions, if any,
    4. selling, distributing, buying, receiving, obtaining,           to be imposed shall be made in writing and served upon the
or having unauthorized possession of a future, current, or            applicant.
previously administered licensing examination;
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
    5. communicating in any manner with any other                     37:1270, 37:1272 and 37:1273.
examinee or any other person during the administration of               HISTORICAL NOTE: Promulgated by the Department of
the examination or providing substantive examination                  Health and Human Resources, Board of Medical Examiners, LR
content or answers thereto to another examinee after the              10:912 (November 1984), amended by the Department of Health
examination;                                                          and Hospitals, Board of Medical Examiners, LR 16:518 (June
                                                                      1990), LR 27:841 (June 2001).
    6. copying answers from another examinee or
                                                                      §383.    Sanctions for Subversion of Examination
permitting one's answers to be copied by another examinee
during the administration of the examination;                           A. An applicant who is found by the board, prior to the
                                                                      administration of the examination, to have engaged in
     7. having in one's possession during the
                                                                      conduct or to have attempted to engage in conduct which
administration of the examination any materials or objects
                                                                      subverts or undermines the integrity of the examination
other than the examination materials distributed, including,
                                                                      process may be permanently disqualified from taking the
without limitation, any books, notes, recording devices, or
                                                                      examination and for medical licensure in the state of
other written, printed, electronic or recorded materials or
                                                                      Louisiana.
data of any kind;
                                                                        B. An applicant-examinee who is found by the board to
    8. impersonating an examinee by appearing for and as
                                                                      have engaged or to have attempted to engage in conduct
an applicant and taking the examination for, as and in the
                                                                      which subverts or undermines the integrity of the
name of an applicant other than himself;
                                                                      examination process shall be deemed to have failed the
    9. permitting another person to appear for and take the           examination. Such failure shall be recorded in the official
examination on one's behalf and in one's name; or                     records of the board.
    10. engaging in any conduct which disrupts the                      C. In addition to the sanctions permitted or mandated by
examination or the taking thereof by other examinees.                 §383.A or B, as to an applicant-examinee found by the board
                                                                      to have engaged or to have attempted to engage in conduct
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:1272 and 37:1273.                                         which subverts or undermines the integrity of the examining
  HISTORICAL NOTE: Promulgated by the Department of                   process, the board may:
Health and Human Resources, Board of Medical Examiners, LR                1. revoke, suspend, or impose probationary conditions
10:911 (November 1984), amended by the Department of Health
                                                                      on any license or permit issued to such applicant;


                                                                 13              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

     2. disqualify the applicant, permanently or for a                  §389.    Examination in or for Another State
specified period of time, from eligibility for licensure in the
                                                                           A. Upon application to the board, an applicant for
state of Louisiana; or
                                                                        licensing under this Chapter may be permitted to take Step 3
    3. disqualify the applicant, permanently or for a                   of the USMLE in another state. The score attained by such
specified number of subsequent administrations of the                   applicant on such examination will be accepted by the board
examination, from eligibility for examination.                          as if the applicant had taken the USMLE pursuant to
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        application to the board provided that the examination is
37:1270, 37:1272 and 37:1273.                                           administered and taken consistently with the restrictions and
  HISTORICAL NOTE: Promulgated by the Department of                     limitations prescribed by §387.
Health and Human Resources, Board of Medical Examiners, LR
                                                                          B. A USMLE score attained by an applicant on a
10:912 (November 1984), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 16:519 (June              USMLE examination administered prior to the applicant's
1990), LR 27:841 (June 2001).                                           application to the board for licensing will be accepted by the
                                                                        board, provided that:
§385.    Passing Scores
                                                                             1. the applicant presents or causes to be presented to
   A. An applicant will be deemed to have successfully
                                                                        the board written certification of the date and place that the
passed the USMLE, COMLEX-USA or NBME examination
                                                                        USMLE was taken and the score achieved;
if he attains a score of at least 75 on each step, level or part
of the examination.                                                          2. the examination was administered and taken
                                                                        consistently with the rules, regulations, restrictions and
   B. An applicant will be deemed to have successfully
                                                                        limitations prescribed by §387 and by the medical licensing
passed the FLEX examination if he attains a score of at least
                                                                        authority of the state for which the examination was taken;
75 on each component of the examination or having taken
the FLEX when a weighted average was calculated and                         3. the applicant has completed at least one year of
reported thereon, had attained a FLEX weighted average of               postgraduate training, if such training is a condition to
at least 75.                                                            medical licensure in the state in which the examination was
                                                                        taken; and
   C. A person who is required to and does take the SPEX
or COMVEX-USA examination will be deemed to have                             4. the applicant provides the board with a satisfactory
successfully passed the examination if he attains a score of            written explanation of the applicant's failure to obtain
at least 75.                                                            licensing in the state in which the examination was taken.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     C. Upon application to the board and payment of the fee
37:1270, 37:1272 and 37:1273.                                           prescribed in Chapter 1 of these rules, an individual applying
  HISTORICAL NOTE: Promulgated by the Department of                     for licensure in another state may sit for the USMLE
Health and Human Resources, Board of Medical Examiners, LR              examination administered in Louisiana.
10:912 (November 1984), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 16:519 (June                AUTHORITY NOTE: Promulgated in accordance with R.S.
1990), LR 27:842 (June 2001), LR 31:1583 (July 2005).                   37:1270, 37:1272 and 37:1273.
                                                                          HISTORICAL NOTE: Promulgated by the Department of
§387.    Restriction, Limitation on Examinations
                                                                        Health and Human Resources, Board of Medical Examiners, LR
   A. An applicant who has failed to attain a passing score             10:912 (November 1984), amended by the Department of Health
upon taking Step 2 or Step 3 of the USMLE more than three               and Hospitals, Board of Medical Examiners, LR 16:519 (June
times, or who has failed to attain a passing score upon taking          1990), LR 27:842 (June 2001).
Part 2 or Part 3 of the NBME more than three times, or who              §391.    Lost, Stolen, or Destroyed Examinations
has failed to attain a passing score upon taking any
                                                                           A. The submission of an application for examination to
component of the FLEX more than three times, or who has
                                                                        the board shall constitute and operate as an acknowledgment
failed to attain a passing score upon taking Level 2 or Level
                                                                        and agreement by the applicant that the liability of the board,
3 of the COMLEX-USA or its predecessor, the NBOME or
                                                                        its members, employees, and agents, and the state of
any combination thereof more than three times, shall
                                                                        Louisiana to the applicant for the loss, theft, or destruction
thereafter be deemed ineligible for licensing. The limitation
                                                                        of all or any portion of an examination taken by the
stated herein with respect to the taking of the USMLE shall
                                                                        applicant, prior to the reporting of the score thereon by the
be applicable when such examination is taken as a
                                                                        entity offering such examination, other than by intentional
component of obtaining a Standard ECFMG Certificate.
                                                                        act, shall be limited exclusively to the refund of the fees, if
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   any, paid to the board for examination by the applicant.
37:1270, 37:1272 and 37:1273.
  HISTORICAL NOTE: Promulgated by the Department of                       AUTHORITY NOTE: Promulgated in accordance with R.S.
Health and Human Resources, Board of Medical Examiners, LR              37:1270, 37:1272 and 37:1273.
10:912 (November 1984), amended by the Department of Health               HISTORICAL NOTE: Promulgated by the Department of
and Hospitals, Board of Medical Examiners, LR 16:519 (June              Health and Human Resources, Board of Medical Examiners, LR
1990), LR 27:842 (June 2001).                                           10:912 (November 1984), amended by the Department of Health
                                                                        and Hospitals, Board of Medical Examiners, LR 16:520 (June
                                                                        1990), LR 27:842 (June 2001).

Louisiana Administrative Code                     June 2012        14
                                                          Title 46, Part XLV

   Subchapter H. Restricted Licensure,                                 procedures for issuance of a license or permit and is eligible
                                                                       for an H-1 or equivalent visa under rules and regulations
                Permits                                                promulgated by the United States Immigration and
§397.    Restricted Licensure in General                               Naturalization Service (INS).

   A. With respect to applicants who do not meet or possess              B. A provisional temporary permit issued under this
all of the qualifications and requirements for licensing, the          Section shall be of the same type and scope, and subject to
board may, in its discretion, issue such restricted licenses as        the same terms and restrictions, as the license or permit
are, in its judgment, necessary or appropriate to its                  applied for, provided, however, that a provisional temporary
responsibilities under law. Restricted licenses shall be               permit issued under this Section shall expire, and become
designated and known as permits.                                       null and void, on the earlier of:

  B. A temporary permit entitles the holder to engage in                   1.   90 days from the date of issuance of such permit;
the practice of medicine in the state of Louisiana only for the            2. 10 days following the date on which the applicant
period of time specified by such permit and creates no right           receives notice of INS action granting or denying the
or entitlement to licensing or renewal of the permit after its         applicant's petition for an H-1 or equivalent visa; or
expiration.
                                                                            3. the date on which the board gives notice to the
  C. An institutional permit entitles the holder to engage in          applicant of its final action granting or denying issuance of
the practice of medicine only at, in and in association with           the license or permit applied for.
the medical institution, clinic, or location specified by such
permit or within a specified medical training program                    C. The board may, in its discretion, extend or renew, for
approved by the board.                                                 one or more additional 90-day periods, a provisional
                                                                       temporary permit issued hereunder which has expired
  D. A permit issued by the board may be either temporary              pursuant to §401.B.1, in favor of an applicant who holds a
or institutional, or both. Other permits may be issued by the          provisional temporary permit issued under this Section and
board upon such terms, conditions, limitations, or                     who has filed a petition for H-1 or equivalent visa with the
restrictions as to time, place, nature, and scope of practice,         INS, but whose pending petition has not yet been acted on
as are, in the judgment of the board, deemed necessary or              by the INS within 90 days from issuance of such provisional
appropriate to the particular circumstances of individual              temporary permit.
applicants or physicians.
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  37:1270 and 37:1275.
37:1270, 37:1285 and 37:1275.                                            HISTORICAL NOTE: Promulgated by the Department of
  HISTORICAL NOTE: Promulgated by the Department of                    Health and Hospitals, Board of Medical Examiners, LR 17:1101
Health and Human Resources, Board of Medical Examiners, LR             (November 1991), repromulgated LR 27:843 (June 2001).
10:912 (November 1984), amended by the Department of Health
                                                                       §402.    Provisional Temporary Permit Pending Results
and Hospitals, Board of Medical Examiners, LR 16:520 (June
1990), LR 27:842 (June 2001).                                                   of Criminal History Record Information
§399.    Types of Permits                                                 A. The board may issue a provisional temporary permit
                                                                       to an applicant for any license or permit provided for by
   A. The types of permits which the board may consider                these rules who is otherwise completely qualified for such
issuing, as enumerated in the following Sections of this               license or permit, save for the board having received a report
Subchapter, shall not be construed to provide any right or             from the Louisiana bureau of criminal identification and
entitlement whatsoever to the described permit, issuance of            information of the office of state police within the
which shall be determined in the absolute discretion of the            Department of Public Safety and Corrections (Bureau) or the
board.                                                                 Federal Bureau of Investigation of the United States
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  Department of Justice (FBI), concerning state and national
37:1270, 37:1285 and 37:1275.                                          criminal history record information which the board has
  HISTORICAL NOTE: Promulgated by the Department of                    requested pursuant to the Medical Practice Act or by these
Health and Human Resources, Board of Medical Examiners, LR             rules, provided that the applicant has completed all
10:913 (November 1984), amended by the Department of Health            applicable requirements and procedures for issuance of a
and Hospitals, Board of Medical Examiners, LR 16:520 (June
                                                                       license or permit, submitted or attempted to submit
1990), repromulgated LR 27:843 (June 2001).
                                                                       fingerprints and all other required information to the board
§401.    Provisional Temporary Permit Pending                          necessary to obtain criminal history record information and
         Application for Visa                                          paid all applicable fees and costs prescribed by these rules
   A. The board may issue a provisional temporary permit               and the Medical Practice Act.
to an applicant for any license or permit provided for by                B. A provisional temporary permit issued under this
these rules who is otherwise completely qualified for such             Section shall be of the same type and scope, and subject to
license or permit, save for possessing an H-1 or equivalent            the same terms and restrictions, as the license or permit
visa as may be required by these rules, provided that the              applied for, provided, however, that a provisional temporary
applicant has completed all applicable requirements and


                                                                  15             Louisiana Administrative Code          June 2012
                                         PROFESSIONAL AND OCCUPATIONAL STANDARDS

permit issued under this Section shall expire, and become                 license or other legal authorization to engage in the practice
null and void, on the earlier of:                                         of medicine in his domicile country; and
    1.        90 days from the date of issuance of such permit; or               c. a written recommendation by a physician
                                                                          licensed under this Chapter attesting to the professional
    2. the date on which the board gives notice to the
                                                                          qualifications of the visiting physician assuming
applicant of its final action granting or denying issuance of
                                                                          responsibility for his professional activities and patient care,
the license or permit applied for following its receipt of
                                                                          and specifying when and where such activities or care will
criminal history record information.
                                                                          be provided.
  C. The board may, in its discretion:
                                                                            B. The board may issue a visiting professor temporary
    1. extend or renew for one or more additional 90-day                  permit to an applicant physician who is invited by an
periods, a provisional temporary permit issued hereunder                  accredited medical school or other accredited medical
which has expired pursuant to §402.B.1, in favor of an                    institution within the state of Louisiana approved by the
applicant who holds a provisional temporary permit issued                 board to serve on the faculty of the medical school or
under this Section who has submitted or attempted to submit               institution, provided that such invited physician:
fingerprints and all other required information and paid all
                                                                              1. possesses the qualifications for licensing prescribed
applicable fees and costs attendant thereto but whose
                                                                          by §311.A.1-4;
criminal history record information has not been received
from the bureau or the FBI within 90 days from issuance of                    2.        presents or causes to be presented to the board:
such provisional temporary permit; or
                                                                                   a.     indisputable personal identification;
     2. issue the license or permit applied for to an
                                                                                 b. a completed application on forms furnished by
individual holding a temporary permit under this Section
                                                                          the board;
whose fingerprints are rejected by the bureau or the FBI
provided, however, that such individual shall submit such                        c. verification satisfactory to the board that the
additional sets of fingerprints as may be required for the                applicant holds a current unrestricted license to practice
board to receive criminal history record information or as                medicine issued by the medical or osteopathic licensing
otherwise deemed appropriate by the board.                                authority of another state;
   D. The board may waive the procedures and                                      d. an original letter of invitation from the dean of
requirements for submitting, requesting and obtaining                     the medical school, the head of an accredited medical
criminal history record information, specified in §402.A, for             institution, or the director of the educational program
a non-renewable provisional temporary permit issued under                 sponsoring the activity; and
this Subchapter that is effective for not more than 90 days.
                                                                                 e. verification satisfactory to the board that the
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    applicant is currently certified by a specialty board
37:1270, R.S. 37:1275 and R.S. 37:1277, R.S. 37:1281.                     recognized by the American Board of Medical Specialties
   HISTORICAL NOTE: Promulgated by the Department of                      (ABMS) or the American Osteopathic Association (AOA) in
Health and Hospitals, Board of Medical Examiners, LR 27:843
                                                                          the subject area of the proposed educational program.
(June 2001), amended LR 33:1344 (July 2007), LR 36:1243 (June
2010).                                                                      C. The board may issue a foreign exchange visiting
§403.         Visiting Physician Permits                                  professor temporary permit to an applicant physician who is
                                                                          invited by an accredited medical school or other accredited
  A. The board may issue a visiting physician temporary                   medical institution within the state of Louisiana approved by
permit to an applicant physician who is invited by one or                 the board to participate in an exchange of faculty between
more physicians licensed under this Chapter to participate or             the applicant's medical school and a medical school or other
consult in diagnosis or treatment of a patient under care in a            accredited medical institution within the state of Louisiana
Louisiana medical institution, provided that such invited                 approved by the board, provided that such invited physician:
physician:
                                                                              1. possesses the qualifications for licensing prescribed
    1. possesses the qualifications for licensing prescribed              by §311.A.1-4;
by §311.A.1-4;
                                                                              2.        presents or causes to be presented to the board:
     2. within a reasonable time prior to the intended
consultation or treatment, presents or causes to be presented                      a.     indisputable personal identification;
to the board:                                                                      b.     an H-1 or equivalent visa;
         a.     indisputable personal identification;                            c. a completed application on forms furnished by
       b. verification satisfactory to the board that the                 the board;
applicant holds a current unrestricted license to practice                       d. verification satisfactory to the board that the
medicine issued by the medical or osteopathic licensing                   applicant holds a current unrestricted license to engage in the
authority of another state or, if an alien, holds an unrestricted         practice of medicine in his domicile country; and


Louisiana Administrative Code                           June 2012    16
                                                           Title 46, Part XLV

        e. an original letter of invitation from the dean of               AUTHORITY NOTE: Promulgated in accordance with R.S.
the medical school, the head of an accredited medical                    37:1270, R.S. 37:1275, R.S. 37:1277, R.S. 37:1278, R.S. 37:1281
institution, or the director of the educational program                  and R.S. 37:1285.
sponsoring the activity.                                                   HISTORICAL NOTE: Promulgated by the Department of
                                                                         Health and Human Resources, Board of Medical Examiners, LR
   D. The board may issue a visiting physician evaluation                10:913 (November 1984), amended by the Department of Health
temporary permit to an applicant physician to conduct a                  and Hospitals, Board of Medical Examiners, LR 16:520 (June
non-invasive evaluation of an individual located in                      1990), LR 27:843 (June 2001), LR 33:1344 (July 2007).
Louisiana, who has given his consent thereto, provided that              §404.    Continuing Postgraduate Training beyond Year
while acting under the authority of such permit in this state                     One
such physician shall not utilize the results of his evaluation
                                                                           A. The board shall issue an institutional temporary
to treat any medical condition which he may determine such
                                                                         permit to an applicant of an approved American or Canadian
individual to suffer, or engage in any activity beyond the
                                                                         medical school or college (whether allopathic or osteopathic)
scope of authority specifically conferred by such permit,
                                                                         for the purpose of participating in an accredited program of
provided that such evaluating physician:
                                                                         postgraduate medical training (residency training), beyond
    1. possesses the qualifications for licensing prescribed             postgraduate year one, in a Louisiana medical school,
by §311.A.1-4;                                                           college or other accredited medical institution approved by
                                                                         the board.
    2. within a reasonable time prior to the intended
evaluation presents or causes to be presented to the board:                 B. Qualifications for Permit. To be eligible for an
                                                                         institutional temporary permit for postgraduate medical
       a.   indisputable personal identification;
                                                                         training beyond year one, the applicant shall:
       b. verification satisfactory to the board that the
                                                                              1. possess all of the substantive qualifications for
applicant holds a current unrestricted license to practice
                                                                         licensure specified by §311.A.1-4;
medicine issued by the medical or osteopathic licensing
authority of another state or, if an alien, holds an unrestricted            2. have completed one year of postgraduate training as
license or other legal authorization to engage in the practice           required by §311.A.6;
of medicine in his domicile country;
                                                                             3. have submitted documentation to the board from
      c. a letter setting forth the location and date on and             the director of the program certifying the applicant's
where such evaluation is to be conducted;                                qualification for and appointment to the postgraduate year
                                                                         two (PGY-2) or higher level of the program; and
       d. verification satisfactory to the board that the
evaluation sought to be performed will be undertaken with                    4. satisfy the applicable fees prescribed in these rules
the consent of the individual to be evaluated; and                       and the Medical Practice Act.
    2. satisfies the applicable fees prescribed in these rules              C. Procedural Requirements. An application form will be
and the Medical Practice Act.                                            supplied by the board only after the qualifications prescribed
                                                                         by §404.B.3 have been documented by an original letter,
   E. A temporary permit issued under §403.A or D may be
                                                                         signed by the director of the program at which the applicant
restricted by the board to permit a specific act in
                                                                         will train, certifying that the qualifications and conditions of
consultation or evaluation and/or to restrict consultation,
                                                                         such Subsection have been met.
treatment or evaluation to a designated patient. Temporary
permits issued under §403.B and C are limited to a term of                  D. Restrictions and Limitations. A physician (whether
12 months from the date of issuance.                                     allopathic or osteopathic) holding a permit under this
                                                                         Subsection shall not enroll or participate in postgraduate
  F. A temporary permit issued under this Section shall
                                                                         medical training or otherwise engage in the practice of
expire, and thereby become null, void, and to no effect on
                                                                         medicine in this state, other than at and within the scope of
the date specified by such permit.
                                                                         the program for which such person has been approved by the
   G. The term accredited medical institution, as used in                board.
this Subchapter, means an institution that sponsors one or
                                                                           E. Term of Permit. A permit issued under this Section
more educational programs in the relevant subject area of
                                                                         shall expire and become null and void on the earliest of the
post-graduate medical training that is accredited by the
                                                                         following dates:
Accreditation Council of Graduate Medical Education
(ACGME).                                                                     1.   12 months from the date on which it was issued;
  H. The term visiting professor as used in this Subchapter,                  2. effective on the date that the permittee's
shall apply to visiting physicians who are invited by a                  appointment to the program for which he was approved by
medical school or an accredited medical institution approved             the board is terminated; or
by the board to serve as instructors in the proposed
                                                                              3. the date on which the board gives notice to the
educational program.
                                                                         permittee of its final action granting or denying issuance of a
                                                                         license to practice medicine.


                                                                    17              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  F. Renewal, Reissuance. A permit issued under this                   §405.    Short-Term Residency Permit
Section which has expired may be renewed or reissued by
                                                                         A. The board may issue an institutional temporary permit
the board for one or more successive 12 month periods,
provided that:                                                         to an applicant who is a commissioned physician of the
                                                                       Armed Services of the United States for the purpose of
    1. prior to the expiration of the initial institutional            receiving postgraduate clinical training in a medical program
temporary permit, permit holder has taken and successfully             approved by the board and conducted by a Louisiana
passed all three steps of USMLE or all three levels of                 medical school, college, or other accredited medical
COMLEX-USA or all steps, levels, parts or components of                institution provided that such physician:
those examinations in the manner specified by §311.A.5.a-h,
within the limitations and restrictions prescribed by §387 of              1. possesses the qualifications for licensing prescribed
these rules; and                                                       by §311.A.1-4;
                                                                           2. possesses a current unrestricted license to practice
     2. not less than two months prior to the annual
                                                                       medicine issued by the medical or osteopathic licensing
expiration of the permit, the director of the program in which
                                                                       authority of another state, or has successfully passed the
the permittee is enrolled has submitted to the board a written
                                                                       USMLE, FLEX, NBME, COMLEX-USA or NBOME
report on the permittee's performance in such program,
certifying to the board that:                                          examinations in the manner specified by §311.A.5;

     a. the permit holder has performed successfully and                    3. will participate in such postdoctoral medical
                                                                       training program pursuant to and within the course and
competently in such program;
                                                                       scope of his orders and duties as a commissioned officer of
       b. the medical school, college or other accredited              the Armed Services;
medical institution will renew the permittee's appointment
                                                                            4. within a reasonable time prior to the
for an additional year; and
                                                                       commencement of such training program, presents or causes
      c. no grounds are known which would provide                      to be presented to the board:
cause for the board to refuse to renew or to revoke the
                                                                              a. satisfactory documentation that he possesses the
permittee's permit pursuant to §404.H.
                                                                       qualifications required by this Section, including a certified
   G. Causes for Refusal to Issue or Renew.                            copy of his military orders authorizing and directing his
Notwithstanding an applicant's eligibility for an institutional        participation in the specified medical training program; and
permit under this Section, under the standards and criteria
set forth in this Section, the board may nevertheless deny                    b. written certification by the dean of the medical
                                                                       school or college in which the applicant is to receive such
issuance or renewal of such permit for any of the causes for
                                                                       training that the applicant has been accepted for participation
which it may deny licensure under R.S. 37:1285(A) or for
                                                                       in such program subject to the issuance of a permit by the
which it may revoke an institutional temporary permit
                                                                       board; and
pursuant to §404.H.
  H. Causes for Revocation. Upon prior notice and an                       5. satisfies the applicable fees prescribed in these rules
opportunity to be heard in accordance with the Louisiana               and the Medical Practice Act.
Administrative Procedure Act, a permit may be revoked by                 B. The board may, in its discretion, issue a temporary
the board:                                                             permit for the purpose of serving a preceptorship or
                                                                       participating in a short-term residency program conducted
    1.   for any of the causes specified by R.S. 37:1285(A);
                                                                       by a Louisiana medical school or other accredited medical
     2. upon a finding by the board that the permittee has             institution to an applicant who possesses the qualifications
failed to maintain, or did not possess at the time of the              for licensure prescribed by §311.A.1-5, who is currently
application, any of the qualifications requisite to eligibility        enrolled and in good standing in an accredited graduate
for the permit as prescribed by this Section; or                       medical education program and who possesses a current
                                                                       unrestricted license to practice medicine or engage in
     3. upon a finding by the board that the permittee has
                                                                       medical training duly issued by any state and provided that:
exceeded the scope of authority accorded by the permit or
otherwise violated any of the conditions, restrictions, and                 1. the preceptorship or residency program is approved
limitations prescribed by §404.D hereof.                               by the board;
   I. Effect of Revocation. A permittee who has had his                     2. the applicant presents, or causes to be presented, to
institutional temporary permit revoked by the board pursuant           the board:
to §404.H shall not thereafter be eligible for a permit or a
                                                                              a. a completed application for a short-term
license to practice medicine in the state of Louisiana.
                                                                       residency permit upon the form provided by the board,
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 together with the fees prescribed by these rules and the
37:1270, 37:1275, 37:1277, 37:1281 and 37:1285.                        Medical Practice Act:
   HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 27:844                  b. satisfactory documentation that the applicant
(June 2001).                                                           possesses the qualifications required by this Section; and

Louisiana Administrative Code                    June 2012        18
                                                         Title 46, Part XLV

       c. a letter from the physician under whom he will               SPEX, the COMVEX-USA or any portion of a certification
be serving in the preceptorship or short-term residency,               or recertification examination more than three times.
describing the capacity in which the applicant will be
                                                                         C. A permit issued under this Section shall expire, and
serving and the inclusive dates of such service.
                                                                       thereby become null, void, and to no effect on the date that:
   C. The holder of a permit issued under this Section shall
                                                                            1. the board gives written notice to the permit holder
not engage in the practice of medicine in any respect in the
                                                                       that he has failed to achieve a passing score on the USMLE,
state of Louisiana or receive medical educational training
                                                                       COMLEX-USA, SPEX or COMVEX-USA examination for
other than within the postdoctoral medical educational
                                                                       which he was registered;
program, preceptorship, or short-term residency program for
which he is approved by the board.                                         2. the board gives written notice to the permit holder
                                                                       pursuant to §381.B that it has probable cause to believe that
  D. A temporary permit issued under this Section shall
                                                                       he has engaged or attempted to engage in conduct which
expire, and thereby become null and void and to no effect on
                                                                       subverted or undermined the integrity of the examination
the date specified by such permit.
                                                                       process;
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, R.S. 37:1275, R.S. 37:1277, R.S. 37:1281 and R.S.                 3. the permit holder is issued a license pursuant to
37:1285.                                                               §413.A or another type of permit as provided by §§397 to
  HISTORICAL NOTE: Promulgated by the Department of                    405 of this Chapter; or
Health and Human Resources, Board of Medical Examiners, LR
10:913 (November 1984), amended by the Department of Health                 4. the holder of a permit issued under §407.B fails to
and Hospitals, Board of Medical Examiners, LR 16:521 (June             appear for and take the SPEX, the COMVEX-USA or the
1990), LR 27:845 (June 2001), LR 33:1344 (July 2007).                  certification or recertification examination for which he is
                                                                       registered or the earlier of the date on which the board or the
§407.    Permit Pending Examination Results
                                                                       permit holder receives notice from the entity or specialty
   A. The board may issue an institutional temporary permit            board administering such examination that he has failed to
for the sole purpose of serving in an approved medical                 achieve a passing score on any portion of the certification or
residency training program to a graduate of an American or             recertification examination for which he was registered.
Canadian medical school or college or school of osteopathic
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
medicine who has taken the USMLE or COMLEX-USA                         37:1270, 37:1272, 37:1273 and 37:1275.
examination but whose scores have not yet been reported to               HISTORICAL NOTE: Promulgated by the Department of
the board or who is scheduled to take the USMLE or                     Health and Human Resources, Board of Medical Examiners, LR
COMLEX-USA examination at its next administration, to be               10:914 (November 1984), amended by the Department of Health
effective pending the reporting of such scores to the board,           and Hospitals, Board of Medical Examiners, LR 16:521 (June
provided that the applicant possesses and meets all of the             1990), LR 27:846 (June 2001), LR 31:1583 (July 2005).
qualifications and requirements for licensure provided by              §408.    Telemedicine Permit Qualifications, Procedure,
this Chapter save for having successfully passed all steps of                   Issuance, Expiration and Renewal
the USMLE or all levels of the COMLEX-USA examination
(§311.A.5), or completing the postgraduate medical training               A. Qualifications. A physician who does not hold a
program required by §311.A.6, and provided further that the            license to practice medicine in Louisiana may not engage in
applicant has not previously taken and failed to achieve a             the practice of medicine across state lines in this state via
passing score, as prescribed by §387 of these rules, on the            telemedicine, as defined in Chapter 75 of these rules, unless
USMLE, FLEX, NBME, COMLEX-USA or NBOME                                 he or she holds a telemedicine permit issued by the board. To
examination, any component thereof, or any written                     be eligible for a telemedicine permit an applicant shall:
examination administered by the licensing authority of any                 1. possess the qualifications for licensing prescribed
state.                                                                 by §311 of these rules;
  B. The board may issue a temporary permit to an                           2. possess an unrestricted license to practice medicine
applicant for licensure by reciprocity (§§351 to 353) who is           issued by the medical licensing authority of a state other
required by §353 to take the SPEX, the COMVEX-USA or a                 than Louisiana (whether allopathic or osteopathic);
certification or recertification examination, but who has not
yet taken SPEX, the COMVEX-USA or a certification or                        3. not be enrolled in a medical residency or other post
recertification examination or whose scores have not yet               graduate medical training program. The board may, in its
been reported to the board or the applicant, provided that the         discretion, grant an exception to this requirement on a case-
applicant possesses and meets all of the qualifications and            by-case basis where the applicant is enrolled in fellowship or
requirements for licensure provided by this Chapter save for           other advanced training and it has been shown to the board's
having successfully passed the SPEX, the COMVEX-USA                    satisfaction that the applicant has completed all training
or a certification or recertification examination (§353), and          relevant to his or her designated area of practice;
provided further that the applicant has registered for the next             4. have attended the board's physician orientation
available administration of the SPEX, the COMVEX-USA                   program described in §449 of these rules or completed it
or a certification or recertification examination and has not          online; and
previously taken and failed to achieve a passing score on the

                                                                  19              Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

     5. have completed a board-approved application and                     7. a fee of $150. The board may waive such fee in
satisfied the applicable fee.                                          favor of an applicant who advises the board in writing that
                                                                       his or her use of telemedicine in this state shall be limited to
   B. Permit Denial. The board may deny or refuse to issue
                                                                       the provision of voluntary, gratuitous medical services.
a telemedicine permit to an otherwise eligible applicant:
                                                                         E. Appearances. An applicant shall be required to appear
     1. who does not satisfy the qualifications prescribed
                                                                       before the board or its designee if the board has questions
by this Chapter;
                                                                       concerning the applicant's qualifications.
    2. for any of the causes enumerated by R.S.
                                                                         F. Effect of Application. The submission of an
37:1285(A), or violation of any other provision of the
                                                                       application pursuant to this Subchapter shall constitute and
Louisiana Medical Practice Act, R.S. 37:1261 et seq.;
                                                                       operate as an authorization and consent by the applicant to:
     3. who has been the subject of previous disciplinary
                                                                            1. submit to the jurisdiction of the board in all matters
action by the medical licensing authority of any state;
                                                                       set forth in the Act or any other applicable Louisiana law, as
    4. who is the subject of a pending investigation by the            well as the board's rules;
board, the medical licensing authority of another state or a
                                                                           2. produce medical or other documents, records, or
federal agency;
                                                                       materials and appear before the board upon written request;
     5. who has been denied, had suspended, revoked,                   and
restricted or relinquished staff or clinical privileges at a
                                                                            3. report to the board in writing within 30 days of any
hospital or institution while under investigation for, or as a
                                                                       disciplinary action against the applicant's:
result of, professional competency or conduct;
                                                                                a.     license to practice medicine in another state; or
     6. who has been, or is currently in the process of being
denied, terminated, suspended, refused, limited, placed on                    b. federal or state registration or permit to prescribe,
probation or under other disciplinary action with respect to           dispense or administer controlled substances or the voluntary
participation in any private, state, or federal health care            surrender thereof while under investigation by the issuing
insurance program; or                                                  authorities.
    7. who voluntarily surrendered while under                           G. Permit Expiration, Renewal. A telemedicine permit
investigation by the issuing authority, or had suspended,              shall expire annually on the expiration date stated thereon or
revoked or restricted, his or her state or federal controlled          the first day of the month in which the licensee was born,
substance permit or registration.                                      whichever is the later, unless renewed by the submission of a
                                                                       renewal application containing such information as the board
  C. Applicant's Burden. The burden of satisfying the
                                                                       may require, together with a renewal fee of $100.
board as to the qualifications and eligibility of the applicant
for a telemedicine permit shall be upon the applicant, who               AUTHORITY NOTE: Promulgated in accordance with R.S.
shall demonstrate and evidence such qualifications in the              37:1262, 1270, 1271, 1275, 1276.1 and 1281.
manner prescribed by and to the satisfaction of the board.               HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 35:1532
  D. Application. Application for a telemedicine permit                (August 2009).
shall be made in a format approved by the board and shall              §411.         Graduate Education Temporary Permit/Short-
include:                                                                             Term IMG Training Permit
     1. proof documented in a form satisfactory to the                    A. In General. The board may issue a Graduate
board that the applicant possesses the qualifications set forth        Education Temporary Permit (GETP) to an international
in this Subchapter;                                                    medical graduate (a graduate of a medical school located
     2. certification of the truthfulness and authenticity of          outside of the United States, Canada, and Puerto Rico) for
all information, representations and/or documents contained            the purpose of enrolling and participating in an accredited
in or submitted with the completed application;                        program of postgraduate medical education (residency or
                                                                       fellowship) at a Louisiana medical school, college, or other
    3. a description of the manner of and the primary                  accredited medical institution, upon documentation of the
practice site from which telemedicine is to be utilized by the         qualifications, satisfaction of the procedural requirements
applicant;                                                             and compliance with the conditions and limitations
     4. acknowledgment that the applicant shall only                   prescribed by this Section.
utilize telemedicine in accordance with the telemedicine                 B. Qualifications for Permit. To be eligible for a GETP,
rules promulgated by the board in Chapter 75 of these rules            an international medical graduate (IMG) shall:
and shall retain professional responsibility for the services
provided to any patient by telemedicine;                                   1.        be at least 21 years of age;
    5.   criminal history record information;                               2. be a citizen of the United States or possess valid
                                                                       and current legal authority to reside and work in the United
    6. such other information, acknowledgments and                     States duly issued by the commissioner of the INS of the
documentation as the board may require; and

Louisiana Administrative Code                    June 2012        20
                                                           Title 46, Part XLV

United States pursuant to the Immigration and Nationality               other than at the medical school, college, or other accredited
Act and the commissioner's regulation thereunder, as                    medical institution from which such IMG holds his or her
evidenced by an exchange visitor (J-1), temporary worker                appointment, or at medical facilities affiliated with such
(H-1B) or immigrant visa, or INS-issued or approved work                program.
permit or by a pending application for such visa or permit;
                                                                            4. An IMG holding a GETP shall be subject to
    3.   be of good moral character, as defined by §303.A;              supervision by the supervising physicians designated by the
                                                                        medical school, college, or medical institution at which the
     4. possess a doctor of medicine or equivalent degree
                                                                        postgraduate medical education training program is
duly issued and conferred by a medical school or college
                                                                        conducted.
listed, at the time the degree was awarded, in the
then-current edition of the World Directory of Medical                     E. Term of Permit. Each GETP issued under this Section
Schools published by the World Health Organization; and                 shall expire 12 months from the date on which it is issued. A
                                                                        GETP shall also expire, and automatically become null and
    5. possess the standard certificate of the (ECFMG),
                                                                        void, effective on any date that the permittee's appointment
provided it was issued on the basis of examination taken in
                                                                        to the designated postgraduate training program is
accordance with the standards, restrictions and limitations
                                                                        terminated.
prescribed by §387 of these rules; and
                                                                          F. Renewal, Reissuance. A GETP which has expired
     6. have received a written commitment from an
                                                                        may be renewed or reissued by the board for one or more
accredited Louisiana medical school, college, or other
                                                                        successive 12-month period, provided that:
accredited medical institution formally appointing the IMG
to a postgraduate medical education training program which                  1. not later than 24 months following the effective
is conducted by such medical school, college, or other                  date of an initial GETP, permit holder has taken and
medical institution and which is fully accredited by (and not           successfully passed Step 3 of the United States Medical
on probational status with) the ACGME, subject only to the              Licensing Examination (USMLE) or had previously passed
board's issuance of a GETP to the applicant; and agreeing to            both components of the FLEX;
furnish to the board the periodic reports required by
                                                                             2. not less than five months nor more than seven
§411.F.2-3; and
                                                                        months following the effective date of an initial GETP, the
    7. satisfy the applicable fees prescribed in these rules            director of the postgraduate program in which the permit
and the Medical Practice Act.                                           holder is enrolled has submitted to the board written reports
                                                                        on the IMG's performance in such program, certifying to the
   C. Procedural Requirements. An application form will be
                                                                        board that the permit holder has performed successfully and
supplied by the board only after the qualifications prescribed
                                                                        competently in such postgraduate program;
by §411.B.6 have been documented by an original letter,
signed by the director of the postgraduate training program                  3. not less than two months prior to the annual
of the Louisiana medical school, college, or other accredited           expiration of a GETP, the director of the postgraduate
medical institution at which the IMG will train, certifying             program in which the permit holder is enrolled has submitted
that the qualifications and conditions of such Subsection               to the board written reports on the IMG's performance in
have been met.                                                          such program, certifying to the board that:
  D. Restrictions and Limitations. An IMG holding a                          a. the permit holder has performed successfully and
GETP issued by the board shall not participate in                       competently in such postgraduate program;
postgraduate medical training or engage in the practice of
                                                                                b. the medical school, college, or other medical
medicine within the state of Louisiana other than as follows.
                                                                        institution will renew the IMG's appointment for an
     1. During the 12 months following the effective date               additional year; and
of an initial GETP, an IMG may participate in postgraduate
                                                                               c. no grounds are known which would provide
medical training and engage in the practice of medicine
                                                                        cause for the board to refuse to renew or to revoke the
solely at the principal location of the sponsoring medical
                                                                        permit holder's GETP pursuant to §411.H hereof.
school, college, or medical institution and shall not
participate in clinical rotations to or serve at institutions at          G. Causes for Refusal to Issue or Renew.
any other location.                                                     Notwithstanding an IMG's eligibility for a GETP, or for
                                                                        renewal of a GETP, under the standards and criteria set forth
     2. An IMG who is enrolled and participating in a first
                                                                        in this Section, the board may nonetheless deny issuance or
postgraduate year (PGY-1) medical education training
                                                                        renewal of a GETP for any of the causes for which it may
program shall not assume independent responsibility for
                                                                        deny licensure under R.S. 37:1285.A or for which it may
patient care or otherwise engage in the practice of medicine.
                                                                        revoke a GETP pursuant to §411.H.
    3. An IMG shall not engage in the practice of
                                                                          H. Causes for Revocation. Upon prior notice and an
medicine, or participate in any postgraduate medical training
                                                                        opportunity to be heard in accordance with the Louisiana
program within the state of Louisiana, other than within the
                                                                        Administrative Procedure Act, a GETP may be revoked by
scope of the postgraduate medical training program for
                                                                        the board:
which such person has been approved by the board, nor

                                                                   21             Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

    1.   for any of the causes specified by R.S. 37:1285.A;                 6. a short-term training permit which has expired may,
                                                                       at the board’s discretion, be renewed or reissued for not
     2. upon a finding by the board that the permittee has
                                                                       more than one successive three month period commencing
failed to maintain, or did not possess at the time of
                                                                       without interruption immediately following the initial
application, any of the qualifications requisite to eligibility
                                                                       expiring permit, provided all requirements prerequisite to
for a GETP as prescribed by this Section; or
                                                                       initial permit issuance have been met to the board’s
     3. upon a finding by the board that the permittee has             satisfaction;
exceeded the scope of authority accorded by the GETP or
                                                                            7. the board may refuse to issue or revoke a short-term
otherwise violated any of the conditions, restrictions, and
                                                                       training permit for any of the causes that it may deny
limitations prescribed by §411.D hereof.
                                                                       issuance of licensure under R.S. 37:1285A, or for which it
   I. Effect of Revocation. An IMG whose GETP has been                 may revoke a permit pursuant to 411J.8 of this Subsection;
revoked by the board pursuant to §411.H shall not thereafter
                                                                           8.        a short-term training permit may be revoked by the
be eligible for a GETP or license to practice medicine in the
                                                                       board:
state of Louisiana.
                                                                                a.     for any of the causes specified by R.S. 37:1285A;
   J. Short-Term IMG Training Permit. The board may, in
its discretion, issue an institutional temporary permit for the               b. upon a finding by the board that the permittee has
purpose of participating in a short-term residency or other            failed to maintain, or did not possess at the time of
postgraduate training program (short-term training permit)             application, any of the qualifications requisite to eligibility
conducted by a Louisiana medical school or a major                     for a permit as prescribed by this Subsection; or
teaching hospital, as defined herein, to an IMG applicant
                                                                              c. upon a finding by the board that the permittee has
who possesses the qualifications prescribed by B.1-4 of this
                                                                       exceeded the scope of authority accorded by the permit or
Section, provided that:
                                                                       otherwise violated any of the conditions, restrictions, and
     1. the applicant has not held any permit issued under             limitations prescribed by this Subsection;
this Chapter within one year prior to the date of application;
                                                                           9. an IMG whose short-term training permit has been
    2. the postgraduate training program is approved in                revoked by the board shall not thereafter be eligible for any
advance by the board;                                                  other permit or a license to practice medicine in this state.
     3. the applicant presents, or causes to be presented to             K. The term major teaching hospital, as used in
the board:                                                             Subsection J of this Section, means a facility that:
       a. a completed application upon a form provided by                  1. has a documented affiliation agreement with a
the board, together with the fees prescribed by Chapter 1 of           Louisiana medical school accredited by the Liaison
these rules. An application form will be supplied by the               Committee on Medical Education. The facility must be a
board only after receipt of a written commitment signed by             major participant in at least four approved medical residency
the program director under whom the applicant will train in            programs. At least two of the programs must be in medicine,
the postgraduate training program describing the capacity in           surgery, obstetrics/gynecology, pediatrics, family practice,
which the applicant will be training and the inclusive dates           emergency medicine or psychiatry. For purposes of
of such training; and                                                  recognition as a major teaching hospital, a facility shall be
                                                                       considered a major participant in a graduate medical
      b. satisfactory documentation that the applicant
                                                                       education program if it meets both of the following criteria:
possesses the qualifications required by this Subsection;
                                                                              a. the facility must pay for the costs of the training
     4. an IMG holding a permit under this Subsection
                                                                       program in the non-hospital or hospital setting including the
shall not assume independent responsibility for patient care
                                                                       residents’ salaries and fringe benefits attributable to direct
in the state of Louisiana, and shall only receive postgraduate
                                                                       graduate medical education and other direct administrative
training in this state:
                                                                       costs of the program; and
      a. within the postgraduate training program for
                                                                             b. the facility          must   participate   in   residency
which he or she is approved by the board; and
                                                                       programs that:
       b. under the immediate supervision (e.g., in the
                                                                               i.   require residents to rotate for a required
physical presence) of a Louisiana licensed physician who
                                                                       experience, or
has been appointed or designated by the medical school or
major teaching hospital;                                                        ii. require explicit approval by the appropriate
                                                                       Residency Review Committee of the medical school with
     5. a permit issued under this Subsection shall expire
                                                                       which the facility is affiliated prior to utilization of the
and thereby become null, void and to no effect on the date
                                                                       facility, or
specified by such permit or three months from the date of its
issuance, whichever period is the shortest. Such permit shall                 iii.  provide residency rotations of more than one-
also expire on any date that the permittee's appointment to            sixth of the program length or more than a total of six
the designated postgraduate training program is terminated;            months at the facility and are listed as part of an accredited

Louisiana Administrative Code                    June 2012        22
                                                          Title 46, Part XLV

program in the Graduate Medical Education Directory of the                   c. a completed application and/or such information
Accreditation Council for Graduate Medical Education.                  as may be required by the board; and
    2. maintains an intern and resident full time                             d. as to an allied health care practitioner required by
equivalency of at least 15 filled positions.                           the laws of this state to practice under physician supervision,
                                                                       designation of a physician who will serve in such capacity.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270(A), 37:1270(B)(6), 37:1275, 37:1277 and 37:1281.                 C. An emergency temporary permit may be issued upon
  HISTORICAL NOTE: Promulgated by the Department of                    such terms, conditions, limitations or restrictions as to time,
Health and Hospitals, Board of Medical Examiners, LR 21:467            place, nature, and scope of practice as are, in the judgment
(May 1995), amended LR 27:846 (June 2001), LR 35:465 (March
2009).
                                                                       of the board, deemed necessary or appropriate to its
                                                                       responsibilities under law.
§412.        Emergency Temporary Permits
                                                                          D. The board may, in its discretion, issue a permit under
  A. As used in this Section, the following terms shall have           this Section to an individual to practice as a physician or
the following meanings.                                                allied health care practitioner who provides medical services
     Allied Health Care Practitioner―an individual, other              other than on a gratuitous basis, and/or at sites other than
than a physician, authorized by the board to practice in this          those specified by DHH or approved by the board. The
state as an athletic trainer pursuant to R.S. 37:3301 through          board may also issue a permit to an individual who satisfies
3312; as a clinical exercise physiologist pursuant to R.S.             the provisions of R.S. 29:735.I.
37:3421 through 3433; as a clinical laboratory scientist                 E. A physician or allied health care practitioner shall
pursuant to R.S. 37:1311 through 1329; as a midwife                    visibly display a permit issued under this Section, or such
pursuant to R.S. 37:3240 through 3257; as an occupational              other identifying information as the board may specify, in
therapist or occupational therapy assistant pursuant to R.S.           plain view on his or her person at all times while exercising
37:3001 through 3014; as a perfusionist pursuant to R.S.               the privileges of such permit.
37:1331 through 37:1343; as a physician assistant pursuant
to R.S. 37:1360.21 through 1360.38; as a podiatrist pursuant             F. An emergency temporary permit entitles the holder to
to R.S. 37:611 through 628; as a polysomnographic                      engage in the practice of his profession in the state of
technologist or polysomnographic technician pursuant to                Louisiana only for the period specified by such permit and
R.S. 37:2861 through 2870; as a private radiological                   creates no right or entitlement to licensing, registration,
technologist pursuant to R.S. 37:1292; or as a respiratory             certification or renewal of the permit after its expiration.
therapist or respiratory therapy assistant pursuant to R.S.              G. A permit issued under this Section shall expire and
37:3351 through 3361.                                                  become null and void on the earlier of:
   Board―the Louisiana State Board of                 Medical              1.   60 days from the date on which it was issued;
Examiners established pursuant to R.S. 37:1263.
                                                                           2. a date specified on the permit less than 60 days
   DHH―the Louisiana Department of Health and                          from the date of issuance; or
Hospitals or its successor in title.
                                                                           3. the date that the term of voluntary service is
    Physician―an individual authorized by the board to                 terminated.
practice medicine in this state, pursuant to R.S. 37:1261-
1291.                                                                    H. The board may, in its discretion, extend or renew an
                                                                       expired emergency temporary permit for one or two
   B. The board may issue an emergency temporary permit                additional 60-day periods provided all conditions
to an individual to practice as a physician or allied health           prerequisite to original issuance are satisfied.
care practitioner, valid for a period of not more than 60 days,
to provide voluntary, gratuitous medical services in this state          I. Following termination of a public health emergency
during a public health emergency, and for such periods                 the board may, in its discretion, issue, extend or renew a
thereafter as DHH shall deem the need for emergency                    permit under this Section during such period as DHH shall
services to continue to exist, at sites specified by DHH or            deem the need for emergency services continues to exist.
approved by the board, provided such individual:                          J. In the event of a conflict between the provisions of
    1. holds a current, unrestricted license in good                   this Section respecting emergency temporary permits and
standing issued by the licensing authority of another state to         those contained in any Chapter administered by the board
practice the profession for which the permit is sought; and            respecting an allied health care practitioner, the provisions of
                                                                       this Section shall govern.
    2. presents or causes to be presented to the board in
advance of providing medical services:                                    K. If any rule, Section, provision or item of this Chapter
                                                                       or the application thereof is held to be invalid, such
        a.    indisputable personal identification;                    invalidity shall not affect other rules, Sections, provisions,
       b. a copy of his or her professional license or other           items or applications, and to this end the rules, Sections,
information deemed satisfactory by the board on which to               provisions and items of this Chapter are hereby deemed to
verify out-of-state licensure;                                         be severable.


                                                                  23              Louisiana Administrative Code           June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

  AUTHORITY NOTE: Promulgated in accordance with R.S.                   HISTORICAL NOTE: Promulgated by the Department of
37:1270, 1275; R.S. 37:3301-3312; R.S. 37:3421-3433; R.S.             Health and Human Resources, Board of Medical Examiners, LR
37:1311-1329; R.S. 37:3240-3257; R.S. 37:3001-3014; R.S.              10:914 (November 1984), amended by the Department of Health
37:1331-1343; R.S. 37:1360.21-1360.38; R.S. 37:611-628; R.S.          and Hospitals, Board of Medical Examiners, LR 16:523 (June
37:2861-2870; R.S. 37:1292; R.S. 37:3351-3361 and R.S.                1990), LR 24:1500 (August 1998), LR 27:848 (June 2001), LR
29:769(E).                                                            31:1584 (July 2005).
  HISTORICAL NOTE: Promulgated by the Department of                   §417.    Renewal of License
Health and Human Resources, Board of Medical Examiners, LR
33:91 (January 2007).                                                   A. Every license issued by the board under this Chapter
                                                                      shall be renewed annually on or before the first day of the
     Subchapter I. License Issuance,                                  month in which the licensee was born, by submitting to the
  Termination, Renewal, Reinstatement                                 board a properly completed application for renewal, upon
            and Exemptions                                            forms supplied by the board, together with the renewal fees
                                                                      prescribed in these rules and the Medical Practice Act, and
§413.    Issuance of License                                          documentation of satisfaction of the continuing medical
  A. If the qualifications, requirements, and procedures              education requirements prescribed by Subchapter K of these
prescribed or incorporated by §311 and §313 or §323 and               rules.
§325, or §353 are met to the satisfaction of the board, the             B. An application for renewal of license form shall be
board shall issue to the applicant a license to engage in the         mailed by the board to each person holding a license issued
practice of medicine in the state of Louisiana.                       under this Chapter at least 30 days prior to the expiration of
   B. A license issued under §311 of this Chapter shall be            the license each year. Such form shall be mailed to the most
issued by the board within 30 days following the reporting            recent address of each licensee as reflected in the official
of the applicant's passing scores to the board. A license             records of the board.
issued under any other section of this Chapter shall be issued          AUTHORITY NOTE: Promulgated in accordance with R.S.
by the board within 15 days following the meeting of the              37:1270, 37:1270(A)(8), 37:1280 and 37:1281.
board next following the date on which the applicant's                  HISTORICAL NOTE: Promulgated by the Department of
application, evidencing all requisite qualifications, is              Health and Human Resources, Board of Medical Examiners, LR
completed in every respect.                                           10:914 (November 1984), amended by the Department of Health
                                                                      and Hospitals, Board of Medical Examiners, LR 16:523 (June
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 1990), LR 24:1500 (August 1998), LR 26:695 (April 2000), LR
37:1270 and 37:1274.                                                  27:848 (June 2001).
  HISTORICAL NOTE: Promulgated by the Department of                   §418.    Reduced Renewal Fees for Certain Physicians
Health and Human Resources, Board of Medical Examiners, LR
10:914 (November 1984), amended by the Department of Health              A. The fee otherwise required for annual renewal of
and Hospitals, Board of Medical Examiners, LR 16:523 (June            licensure will be reduced by one-half in favor of a physician
1990), LR 27:848 (June 2001), LR 31:1584 (July 2005).                 who holds an unrestricted license to practice medicine issued
§415.    Expiration of Licenses and Permits                           by the board and who has, prior to the first day of the year
                                                                      for which such renewal will be effective:
   A. Every license or permit issued by the board under this
Chapter, the expiration date of which is not stated thereon or            1.   attained the age of 70 years;
provided by these rules, shall annually expire and thereby
                                                                          2. voluntarily surrendered to the issuing authorities his
become null, void, and to no effect the following year on the
                                                                      or her state license and federal registration to prescribe,
first day of the month in which the licensee was born.
                                                                      dispense, or administer controlled substances; and
  B. A license issued pursuant to the waiver of
                                                                           3. made application to the board for such reduced
qualifications provided by §315 of this Chapter shall become
                                                                      licensure renewal fee, upon a form supplied by the board,
null and void on the earlier of the date prescribed by §415.A
                                                                      verifying the conditions requisite to such reduced fee and
or the date on which the physician's appointment as a
                                                                      consenting to revocation of any license renewed pursuant to
professor to the medical school or college, upon which the
                                                                      this Section upon a finding by the board that the licensee,
waiver was granted by the board, is terminated.
                                                                      following issuance of licensure renewal pursuant to this
   C. The timely submission of a properly completed                   Section, continued to hold, obtained, or sought to obtain
application for renewal of a license, but not a permit, as            state licensure or federal registration to prescribe, dispense,
provided by §417 of this Chapter, shall operate to continue           or administer controlled substances.
the expiring licensing in full force and effect pending
                                                                         B. The fee otherwise required for annual renewal of
issuance of the renewal license.
                                                                      licensure will be reduced by one-half in favor of a physician
  D. Permits are not subject to renewal, except as                    who holds an unrestricted license to practice medicine issued
expressly provided in these rules.                                    by the board and who has, prior to the first day of the year
                                                                      for which such renewal will be effective:
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:1280.



Louisiana Administrative Code                   June 2012        24
                                                          Title 46, Part XLV

    1. ceased to engage in the practice of medicine in any                 1. that the applicant complete a statistical affidavit,
form in this state as a consequence of physical or mental              upon a form supplied by the board, and provide the board
disability;                                                            with a recent photograph;
    2. voluntarily surrendered to the issuing authorities his               2. that the applicant possess a current, unrestricted
or her state license and federal registration to prescribe,            license issued by another state; and/or
dispense, or administer controlled substances; and
                                                                            3. if the applicant does not at the time of the
     3. made application to the board for such reduced                 application for reinstatement possess a current, unrestricted
licensure renewal fee, upon a form supplied by the board,              license issued by another state, that the applicant take and
verifying the conditions requisite to such reduced fee,                successfully pass:
including independent physician verification of the
                                                                           a. all or a designated portion of the USMLE,
applicant's physical or mental disability, and consenting to
                                                                       COMLEX-USA, SPEX or COMVEX-USA examination; or
revocation of any license renewed pursuant to this Section
upon a finding by the board that the licensee, following                     b. a written certification or recertification
issuance of licensure renewal pursuant to this Section,                examination by a specialty board recognized by the
engaged or sought to engage in any manner in the practice of           American Board of Medical Specialties (ABMS) or the
medicine in this state or continued to hold, obtained, or              American Osteopathic Association (AOA).
sought to obtain state licensure or federal registration to
                                                                         C. An applicant whose medical license has been
prescribe, dispense, or administer controlled substances.
                                                                       revoked, suspended, or placed on probation by the licensing
  C. A physician whose medical license is renewed                      authority of another state or who has voluntarily or
pursuant to this Section shall not thereafter engage or seek to        involuntarily surrendered his medical license in
engage in the active practice of medicine in this state or to          consideration of the dismissal or discontinuance of pending
prescribe, dispense, or administer controlled substances or            or threatened administrative or criminal charges, following
other prescription medications except upon prior application           the date on which his Louisiana medical license expired,
to and approval by the board, which, in its discretion, as a           shall be deemed ineligible for reinstatement of licensure.
condition to reinstatement of full licensure, may require that:
                                                                         D. An application for reinstatement of licensure meeting
    1. the physician take and successfully pass all or a               the requirements and conditions of this Section may
designated portion of the USMLE, COMLEX-USA, SPEX,                     nonetheless be denied for any of the causes for which an
or COMVEX-USA examination; and/or                                      application for original licensure may be refused by the
                                                                       board as specified in R.S. 37:1285.
     2. the physician provide medical documentation
satisfactory to the board that the physician is then physically          E. An application for reinstatement shall be made upon
and mentally capable of practicing medicine with reasonable            forms supplied by the board and accompanied by two letters
skill and safety to patients.                                          of character recommendation from reputable physicians of
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       the former licensee's last professional location, together with
37:1270, 37:1280 and 37:1281.                                          the applicable renewal fees prescribed in these rules and the
   HISTORICAL NOTE: Promulgated by the Department of                   Medical Practice Act, plus a penalty computed as follows.
Health and Hospitals, Board of Medical Examiners, LR 16:523
                                                                           1. If the application for reinstatement is made less
(June 1990), amended LR 27:848 (June 2001), LR 31:1584 (July
2005).                                                                 than two years from the date of license expiration, the
                                                                       penalty shall be equal to the renewal fee.
§419.    Reinstatement of Expired License
                                                                            2. If the application for reinstatement is made more
  A. A license which has expired may be reinstated by the              than two years but less than three years from the date of
board subject to the conditions and procedures hereinafter             license expiration, the penalty shall be equal to twice the
provided, provided that application for reinstatement is made          renewal fee.
within four years of the date of expiration. A physician
whose license has lapsed and expired for a period in excess                3. If the application for reinstatement is made more
of four years or who is otherwise ineligible for reinstatement         than three years from the date of license expiration, the
under this Section may apply to the board for an initial               penalty shall be equal to three times the renewal fee.
original or reciprocal license pursuant to the applicable rules          AUTHORITY NOTE: Promulgated in accordance with R.S.
of this Chapter.                                                       37:1270.
                                                                         HISTORICAL NOTE: Promulgated by the Department of
   B. An applicant seeking reinstatement more than one
                                                                       Health and Human Resources, Board of Medical Examiners, LR
year from the date on which his license expired shall                  10:914 (November 1984), amended LR 14:86 (February 1988),
demonstrate, as a condition of reinstatement, satisfaction of          amended by the Department of Health and Hospitals, Board of
the continuing medical education requirements of §§433-449             Medical Examiners, LR 16:524 (June 1990), LR 24:1500 (August
of Subchapter K of these rules for each year since the date of         1998), LR 26:695 (April 2000), LR 27:849 (June 2001), LR
the expiration of licensure. As additional conditions of               31:1584 (July 2005).
reinstatement the board may require:



                                                                  25              Louisiana Administrative Code          June 2012
                                      PROFESSIONAL AND OCCUPATIONAL STANDARDS

§421.    Authority to Issue and Renew Licenses,                          acutely ill patient during transfer or transportation to or from
         Certificates, Registrations or Permits                          a hospital in this state provided such allied health care
                                                                         practitioner is duly licensed to practice his profession by the
  A. The board, acting through its president or designee,                medical licensing authority of another state.
may approve the issuance and renewal of any license,
certificate, registration, permit or other necessary authority             AUTHORITY NOTE: Promulgated in accordance with R.S.
that the board is authorized to issue with respect to a                  37:1261-1292, and 37:1270.
physician or an allied health care practitioner who satisfies              HISTORICAL NOTE: Promulgated by the Department of
                                                                         Health and Hospitals, Board of Medical Examiners, LR. 36:2559
and meets all requirements prescribed by law or applicable
                                                                         (November 2010).
board regulation for issuance or renewal of such license,
permit, certificate, registration or authority. In the event that          Subchapter J. Postgraduate Year One
a question exists with respect to an applicant’s qualifications,                (Internship) Registration
the application or renewal shall be referred to the entire
board.                                                                   §425.    Necessity for Registration
   B. For purposes of this Section, an allied health care                   A. As used in this Section, postgraduate year one
practitioner is an individual who holds any form of health               (PGY-1) or internship means the first year of postgraduate
care practitioner license, certificate, registration or permit           training following graduation from a medical school or
that the board is authorized to issue, other than as a                   college (whether allopathic or osteopathic) approved by the
physician, including but not limited to: an acupuncturist,               board. For purposes of this Section PGY-1 includes only the
acupuncture assistant, or acupuncture detoxification                     first year of any such training following graduation from a
specialist pursuant to R.S. 37:1356-1360; an athletic trainer            medical school or college and does not include training
pursuant to R.S. 37:3301 through 3312; a clinical exercise               which may be designated PGY-1 level subsequent to prior
physiologist pursuant to R.S. 37:3421 through 3433; a                    training at such level in any specialty, field, or program.
clinical laboratory scientist pursuant to R.S. 37:1311 through
                                                                            B. No person who does not possess a license or permit
1329; a midwife pursuant to R.S. 37:3240 through 3257; an
                                                                         issued under this Chapter shall enroll or participate in a
occupational therapist or occupational therapy assistant
                                                                         PGY-1 medical educational program, or internship, unless he
pursuant to R.S. 37:3001 through 3014; a perfusionist
                                                                         is duly registered with the board pursuant to this Subchapter.
pursuant to R.S. 37:1331 through 37:1343; a physician
assistant pursuant to R.S. 37:1360.21 through 1360.38; a                   C. Notwithstanding registration under this Subchapter,
podiatrist pursuant to R.S. 37:611 through 628; a                        no person who does not possess a license or permit issued
polysomnographic technologist or polysomnographic                        under this Chapter shall enroll or participate in a first year
technician pursuant to R.S. 37:2861 through 2870; a private              postgraduate medical educational program, an internship, or
radiological technologist pursuant to R.S. 37:1292; or a                 any other program howsoever designated or whenever taken,
licensed respiratory therapist pursuant to R.S. 37:3351                  which permits or requires such persons to exercise
through 3361.                                                            independent medical judgment, assume independent
                                                                         responsibility for patient care, or otherwise to engage in the
   C. In the event of a conflict between the provisions of
                                                                         practice of medicine.
this Section and those of any other Section in this Part, the
provisions of this Section shall govern.                                   D. Upon a finding that a person or registrant has violated
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    the proscriptions of this Section, the board may:
37:1261-1292, 37:1270.                                                        1. suspend or revoke such person's registration under
  HISTORICAL NOTE: Promulgated by the Department of                      this Subchapter or impose probationary conditions thereon;
Health Hospitals, Board of Medical Examiners, LR 34:2402
(November 2008).                                                              2. consider and declare such person or registrant
§423.    Exemptions to Licensure; Emergency Transfer                     ineligible for a medical license or permit under this Chapter;
         of Patients                                                     and/or

  A. In addition to the exemptions to licensure provided by                  3. cause the institution of judicial proceedings against
R.S. 37:1291, a license to practice medicine shall not be                such person for injunctive relief, costs, and attorneys fees,
required for a physician-member of a transport team                      pursuant to R.S. 37:1286.
providing emergency or other medical care to an acutely ill                AUTHORITY NOTE: Promulgated in accordance with R.S.
patient during transfer or transportation to or from a hospital          37:1270.
in this state provided such physician is duly licensed to                  HISTORICAL NOTE: Promulgated by the Department of
practice medicine by the medical licensing authority of                  Health and Human Resources, Board of Medical Examiners, LR
another state.                                                           10:914 (November 1984), amended by the Department of Health
                                                                         and Hospitals, Board of Medical Examiners, LR 16:524 (June
  B. The exemption provided by Subsection A of this                      1990), LR 27:849 (June 2001).
Section, shall also apply to any license, certificate or                 §427.    Qualifications for Registration
registration of any allied health care professional, which the
board is authorized to issue, who is a member of a transport               A. To be eligible for registration under this Subchapter,
team providing emergency or other medical care to an                     an applicant shall possess all of the substantive

Louisiana Administrative Code                      June 2012        26
                                                          Title 46, Part XLV

qualifications for licensure specified by §311.A.1-4 and shall          §431.    Issuance and Term of Registration
be a graduate of an approved American or Canadian medical
                                                                          A. If the qualifications, requirements, and procedures
school or college (whether allopathic or osteopathic).
                                                                        prescribed or incorporated by §§427 and 429 are met to the
  B. The burden of satisfying the board as to the                       satisfaction of the board, the board shall issue a certificate to
qualifications and eligibility of the applicant for registration        the applicant evidencing his registration under this
shall be upon the applicant. An applicant shall not be                  Subchapter for enrollment and participation in a first year
deemed to possess such qualifications unless the applicant              postgraduate (internship) program in the state of Louisiana.
demonstrates and evidences such qualifications in the
                                                                           B. Registration issued under this Subchapter shall be
manner prescribed by, and to the satisfaction of, the board.
                                                                        effective on and as of the date on which an applicant's
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   postgraduate medical education program is to commence.
37:1270.
  HISTORICAL NOTE: Promulgated by the Department of                       AUTHORITY NOTE: Promulgated in accordance with R.S.
Health and Human Resources, Board of Medical Examiners, LR              37:1270.
10:915 (November 1984), amended by the Department of Health               HISTORICAL NOTE: Promulgated by the Department of
and Hospitals, Board of Medical Examiners, LR 16:524 (June              Health and Human Resources, Board of Medical Examiners, LR
1990), LR 27:850 (June 2001).                                           10:915 (November 1984), amended by the Department of Health
                                                                        and Hospitals, Board of Medical Examiners, LR 16:525 (June
§429.    Procedural Requirements                                        1990), LR 27:850 (June 2001).
   A. In addition to the substantive qualifications specified               Subchapter K. Continuing Medical
in §427, to be eligible for registration under this Subchapter,
an applicant shall:                                                                    Education
     1. submit to the board a completed application, upon               §433.    Scope of Subchapter
forms supplied by the board, subscribed by the applicant and              A. The rules of this Subchapter provide standards for the
by the administrator or chief executive officer of the hospital         continuing medical education ("CME") requisite to the
or medical institution in which the postgraduate program is             renewal or reinstatement of licensure, as provided by §§417
to be conducted, accompanied by a recent photograph of the              and 419 of these rules and prescribe the procedures
applicant;                                                              applicable to satisfaction and documentation of continuing
     2. make a personal appearance, by appointment,                     medical education in connection with applications for
before a member of the board or its designee, or at the office          renewal or reinstatement of licensure.
of the board before its designated officer, and present                   AUTHORITY NOTE: Promulgated in accordance with R.S.
evidence of the qualifications specified by §427; provided,             37:1270 and 37:1270(A)(8).
however, that an applicant who has completed his medical                  HISTORICAL NOTE: Promulgated by the Department of
(whether allopathic or osteopathic) education but who does              Health and Hospitals, Board of Medical Examiners, LR 26:695
not yet possess a degree as required by §311.A.4 may be                 (April 2000).
deemed eligible for registration upon submission to the                 §435.    Continuing Medical Educational Requirement
board of a letter subscribed by the dean of an approved
medical school or college (whether allopathic or                           A. Subject to the waiver of and exceptions to CME
osteopathic), certifying that the applicant has completed his           prescribed by §§445 and 447 and the special requirements
academic and medical education at such school or college,               attendant to initial renewal of licensure specified in §449,
that the applicant is a candidate for the degree of doctor of           every physician seeking the renewal or reinstatement of
medicine or doctor of osteopathic medicine or doctor of                 licensure, to be effective on or after January 1, 2002, shall
osteopathy at the next scheduled convocation of such school             annually evidence and document, upon forms supplied by
or college, and specifying the date on which such degree will           the board, the successful completion of not less than 20
be awarded; and                                                         hours of board approved CME.

    3. pay the applicable fees, as provided in these rules                AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1270 and 37:1270(A)(8).
and the Medical Practice Act.                                             HISTORICAL NOTE: Promulgated by the Department of
  B. All documents required to be submitted to the board                Health and Hospitals, Board of Medical Examiners, LR 26:695
must be the original thereof. For good cause shown, the                 (April 2000).
board may waive or modify this requirement.                             §437.    Qualifying Continuing Medical Education
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                                 Programs
37:1270.                                                                  A. Any program, course, seminar or other activity
  HISTORICAL NOTE: Promulgated by the Department of                     offering Category 1 CME shall be deemed approved for
Health and Human Resources, Board of Medical Examiners, LR
                                                                        purposes of satisfying the continuing medical education
10:915 (November 1984), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 16:525 (June
                                                                        requirements under this Subchapter, if sponsored or offered
1990), LR 27:850 (June 2001).                                           by:




                                                                   27              Louisiana Administrative Code            June 2012
                                       PROFESSIONAL AND OCCUPATIONAL STANDARDS

    1. an organization or entity accredited by the                     as the board my designate in such notification. A physician's
Accreditation Council for Continuing Medical Education                 failure to notify the board of a change of mailing address
(ACCME);                                                               will not absolve the licensee from the audit requirement.
    2. a member board of the American Board of Medical                   F. Any certification of continuing medical education
Specialties or a specialty board recognized by the AOA;                which is not approved by the board pursuant to §437 shall
                                                                       not be considered as qualifying for CME recognition by the
   3. the American Academy of Family Physicians
                                                                       board.
(AAFP);
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
   4. the American           College   of   Obstetricians   and        37:1270 and 37:1270(A)(8).
Gynecologists (ACOG);                                                    HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 26:696
    5.   the American Osteopathic Association (AOA); or
                                                                       (April 2000).
    6. an organization or entity accredited by the                     §441.    Failure to Satisfy Continuing Medical Education
Louisiana State Medical Society or any other ACCME                              Requirements
recognized state medical society.
                                                                         A. An applicant for renewal of licensure who fails to
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  evidence satisfaction of the continuing medical education
37:1270, 37:1270(A)(8).
                                                                       requirements prescribed by these rules shall be given written
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 26:695            notice of such failure by the board. Such notice shall be
(April 2000), amended LR 31:1584 (July 2005).                          mailed to the most recent address of the licensee as reflected
                                                                       in the official records of the board. The license of the
§439.    Documentation Procedure
                                                                       applicant shall remain in full force and effect for a period of
  A. A form for annual documentation and certification of              90 days following the mailing of such notice, following
satisfaction of the continuing medical education                       which such license shall be deemed expired, unrenewed and
requirements prescribed by §§433-449, shall be mailed with             subject to revocation without further notice, unless the
each application for renewal or reinstatement of licensure             applicant shall have, within such 90 days, furnished the
form mailed by the board pursuant to §§417 or 419. Such                board satisfactory evidence by affidavit that:
form shall be completed and delivered to the board with the
                                                                          1. the applicant has satisfied the applicable continuing
physician's application.
                                                                       medical education requirements;
   B. Physicians will not be required to transmit
                                                                            2. the applicant's failure to satisfy the continuing
documentation of compliance with continuing medical
                                                                       medical education requirements was occasioned by
education requirements for renewal or reinstatement of
                                                                       disability, illness or other good cause as may be determined
licensure, unless requested by the board pursuant to §439.E.
                                                                       by the board pursuant to §445; or
   C. A physician shall maintain a record or certificate of
                                                                           3. the applicant is exempt from such requirements
attendance for at least four years from the date of completion
                                                                       pursuant to §447.
of the continuing medical education activity. Satisfactory
evidence shall consist of a certificate or other documentation           B. The license of a physician which has expired for
which shall, at a minimum, contain the:                                nonrenewal or been revoked for failure to satisfy the CME
                                                                       requirements of §435 of these rules, may be reinstated
    1.   program title;
                                                                       pursuant to §419 upon written application to the board,
    2.   sponsor's name;                                               accompanied by payment of the reinstatement fee required
                                                                       by §419, in addition to all other applicable fees and costs,
    3.   physician's name;                                             together with documentation and certification that the
    4. inclusive date or dates and location of the CME                 applicant has, for each year since the date on which the
event; and                                                             applicant's license was last issued or renewed, completed an
                                                                       aggregate of 20 hours of board approved CME.
     5. documented verification of successful completion
of 20 hours of Category 1 CME by stamp, signature, official               C. The license of a physician which has expired, has not
or other proof acceptable to the board.                                been renewed or been revoked for failure to meet the
                                                                       requirements of §449, or one which has expired, has not
  D. The board shall select for an audit of continuing                 been renewed or revoked on more than one occasion for
medical education activities no fewer than 2 percent of the            failure to satisfy the CME requirements of §435 of these
applicants for renewal or reinstatement each year. In                  rules shall be deemed in violation of R.S. 37:1285.A(30),
addition, the board has the right to audit any questionable            providing cause for the board to suspend or revoke, refuse to
documentation of activities.                                           issue, or impose probationary or other restrictions on any
  E. Verification of continuing medical education                      license held or applied for by a physician to practice
satisfying the requirements of this Subchapter shall be                medicine in the state of Louisiana culpable of such violation.
submitted by a physician to the board within 30 days of the              AUTHORITY NOTE: Promulgated in accordance with R.S.
date of mailing of notification of audit or such longer period         37:1270, 37:1270(A)(8) and 37:1280.

Louisiana Administrative Code                     June 2012       28
                                                           Title 46, Part XLV

  HISTORICAL NOTE: Promulgated by the Department of                     §449.     CME Requirement for Initial Renewal of
Health and Hospitals, Board of Medical Examiners, LR 26:696                       License
(April 2000).
§443.    Falsification of Continuing Medical Education                     A. Effective on and after January 1, 2002, every
                                                                        physician seeking the initial renewal of medical licensure,
   A. Any licensee or applicant who falsely certifies                   whether such license was originally issued by the board on
attendance at and/or completion of the required continuing              the basis of examination, reciprocity or reinstatement shall,
medical education requirements of §§433-449 shall be                    as part of the continuing medical education required by this
deemed in violation of R.S. 37:1285.A(3), (4), (13) and/or              Subchapter as a condition prerequisite to licensure renewal,
(30), providing cause for the board to suspend or revoke,               evidence and document upon forms supplied by the board
refuse to issue, or impose probationary or other restrictions           attendance at an orientation program sponsored and/or
on any license held or applied for by a physician to practice           approved by the board.
medicine in the state of Louisiana culpable of such violation.
                                                                          B. The program required pursuant to §449.A shall be
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   conducted at such locations, on such dates and at such times
37:1270 and 37:1270(A)(8).                                              as may be designated by the board, shall consist of not less
  HISTORICAL NOTE: Promulgated by the Department of                     than two hours in duration and involve such content, topic
Health and Hospitals, Board of Medical Examiners, LR 26:696
                                                                        and structure as the board may from time to time deem
(April 2000).
                                                                        appropriate.
§445.    Waiver of Requirements
                                                                          C. Notification of the dates, times and locations at which
  A. The board may, in its discretion, waive all or part of             such programs will be offered, as well as the enrollment
the CME required by these rules in favor of a physician who             procedure, shall be mailed to the most recent address of each
makes written request to the board and evidences to its                 applicant subject to the requirements of §449.A as reflected
satisfaction a permanent physical disability, illness, financial        in the official records of the board. A physician's failure to
hardship or other similar extenuating circumstances                     notify the board of a change of mailing address will not
precluding the individual's satisfaction of CME                         absolve the applicant of the requirement to attend a board
requirements.                                                           sponsored/approved orientation program as a condition of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   approval of an initial request for licensure renewal.
37:1270 and 37:1270(A)(8).
                                                                          D. A physician required to attend an orientation program
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 26:696             pursuant to §449.A shall, for each hour of attendance as may
(April 2000).                                                           be required by the board, be granted an hour-for-hour credit
                                                                        towards the annual CME requirement specified by §435.
§447.    Exceptions to the Continuing Medical Education
         Requirements                                                      E. A physician who at the time of the initial renewal of
                                                                        medical licensure resides and practices medicine exclusively
   A. Except as provided in §449, the CME requirements                  outside of Louisiana or who has held an unrestricted license
prescribed by this Subchapter prerequisite to renewal or
                                                                        to practice medicine in any state for at least 10 years may, in
reinstatement of licensure shall not be applicable to a                 lieu of personal attendance, satisfy the mandatory
physician:                                                              requirements of Subsection A of this Section by successfully
    1. engaged in military service longer than one year's               completing the board’s orientation program on-line in a
duration outside of Louisiana;                                          manner specified by the board.
    2. who has held an initial Louisiana license on the                   AUTHORITY NOTE: Promulgated in accordance with R.S.
basis of examination for less than one year;                            37:1270, 37:1270(A)(8).
                                                                          HISTORICAL NOTE: Promulgated by the Department of
    3. who has within the past year been certified or                   Health and Hospitals, Board of Medical Examiners, LR 26:697
recertified by a member board of the American Board of                  (April 2000), amended LR 27:850 (June 2001), LR 36:1243 (June
Medical Specialties or a specialty board recognized by the              2010).
AOA;                                                                                 Chapter 13. Podiatrists
     4. who is in a residency training program approved by
the board; or                                                                   Subchapter A. General Provisions
     5. who is a retired physician in accordance with §418              §1301. Scope of Chapter
of these rules.                                                           A. The rules of this Chapter govern the licensing of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   podiatrists to engage in the practice of podiatry in the state
37:1270 and 37:1270(A)(8).                                              of Louisiana.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 26:697                AUTHORITY NOTE: Promulgated in accordance with R.S.
(April 2000), amended LR 31:1585 (July 2005).                           37:1270, 37:612, 37:613 and 37:616.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Hospitals, Board of Medical Examiners, LR 29:1088
                                                                        (July 2003).

                                                                   29              Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

§1303. Definitions                                                         Podiatrist―a person possessing a doctor of podiatric
                                                                       medicine degree or an equivalent degree duly awarded by a
  A. As used in this Chapter the following terms shall have
                                                                       school or college of podiatry approved by the board.
the meanings specified.
                                                                           Podiatry—that profession of the health sciences which
     Ankle―the joint between the leg and foot in which the             deals with:
tibia and fibula articulate with the talus.
                                                                              a. the prevention, examination, diagnosis, medical,
     Applicant―a person who has applied to the board for a
                                                                       surgical and adjuvant treatment of the human foot; and
license or permit to engage in the practice of podiatry in the
state of Louisiana or for a registration to engage in the first               b. the treatment of the ankle, muscles, or tendons of
year of continuing postgraduate podiatric education.                   the lower leg governing the functions of the foot and ankle
                                                                       by a podiatrist who has completed advanced training
     Application―a written request directed to and received            determined to be sufficient by the board at a program
by the board, upon forms supplied by the board, for a license
                                                                       accredited by a nationally recognized accrediting association
or permit to practice podiatry in the state of Louisiana or for
                                                                       acceptable by the board.
a registration to engage in the first year of continuing
postgraduate podiatric education, together with all                        Podiatry Practice Act or the Act―R.S. 37:611-628, as
information, certificates, documents, and other materials              hereafter amended or supplemented.
required by the board to be submitted with such forms.
                                                                            Postgraduate Year One (Internship) Registration―the
    Board Qualified―a certification status of the American             lawful authority of a podiatrist to engage in the first year of
Board of Podiatric Surgery (ABPS) which is granted                     continuing postgraduate podiatric training in the state of
pursuant to satisfaction of established requirements.                  Louisiana at a podiatric medical education or internship
                                                                       program approved by the board, as evidenced by a certificate
    Foot―that part of the human anatomy which consists of
                                                                       of registration duly issued by and under the official seal of
the tarsal bones, metatarsal bones, phalanges, and all                 the board.
supportive or connective tissue, or both, immediately
adjacent thereto not to extend proximal to the proximal                     Practice Prerogatives—the authority of a podiatrist to
dome of the talus.                                                     engage in the treatment of the ankle, muscles or tendons of
                                                                       the lower leg governing the functions of the foot and ankle.
   Good Moral Character―as applied to an applicant,
means that:                                                                State―any state of the United States, the District of
                                                                       Columbia and Puerto Rico.
      a. the applicant has not, prior to or during the
pendency of an application to the board, been guilty of any              B. Masculine terms wheresoever used in this Chapter
act, omission, condition, or circumstance which would                  shall also be deemed to include the feminine.
provide legal cause under R.S. 37:624 for the suspension or               AUTHORITY NOTE: Promulgated in accordance with R.S.
revocation of podiatry licensure;                                      37:1270, 37:612, 37:613, 37:616 and 37:618.
       b. the applicant has not, prior to or in connection                HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 29:1088
with his application, made any representation to the board,
                                                                       (July 2003), amended LR 35:240 (February 2009).
knowingly or unknowingly, which is in fact false or
misleading as to a material fact or omits to state any fact or            Subchapter B. Requirements and
matter that is material to the application; or
                                                                         Qualifications for Licensure, Scope of
       c. the applicant has not made any representation or                              Practice
failed to make a representation or engaged in any act or
omission which is false, deceptive, fraudulent or misleading           §1304. Necessity for License; Practice Prerogatives
in achieving or obtaining any of the qualifications for a
                                                                         A. No individual may hold himself out as a podiatrist or
license or permit required by this Chapter.
                                                                       engage in the practice of podiatry in this state unless he or
     License―the lawful authority of a podiatrist to engage            she has been licensed by or holds a permit duly issued by the
in the practice of podiatry in the state of Louisiana, as              board.
evidenced by a certificate duly issued by and under the
                                                                         B. Each podiatrist licensed by the board may engage in
official seal of the board.
                                                                       the prevention, examination, diagnosis, medical, surgical,
     Permit―the lawful authority of a podiatrist to engage in          and adjuvant treatment of the human foot as defined herein.
the practice of podiatry in the state of Louisiana for a
                                                                         C. A podiatrist shall not engage in the treatment of the
designated, temporary period of time subject to restrictions
                                                                       ankle unless such practice is:
and conditions specified by the board, as evidenced by a
certificate duly issued by and under the official seal of the               1. within the podiatrist's education and level of
board. A permit is of determinate, limited duration and                training; and
implies no right or entitlement to a license or to renewal of
                                                                           2. included within the scope of practice prerogatives
the permit.
                                                                       for advanced practice for which the podiatrist has been

Louisiana Administrative Code                    June 2012        30
                                                         Title 46, Part XLV

approved by the board as reflected by certification issued            treatment of the ankle or the surgical treatment of the ankle,
under this Chapter.                                                   or both, depending upon an applicant's education and
                                                                      training.
   D. No individual licensed under this Chapter shall
display or use the title "doctor" or its synonym, without the           B. Qualifications for Certification in Conservative
designation "podiatrist" or "podiatric medicine" nor mislead          Treatment of the Ankle. To be eligible for certification for
the public as to the limited professional scope of practice to        the conservative treatment of the ankle an applicant who
treat human ailments.                                                 possesses and meets the qualifications and requirements of
                                                                      §1305A.1.-5 of this Chapter shall have completed at least
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:611-37:628.                                               one year of postgraduate podiatric training in an internship
  HISTORICAL NOTE: Promulgated by the Department of                   or equivalent program accredited by the Council on
Health and Hospitals, Board of Medical Examiners, LR 35:240           Podiatric Medical Education of the American Podiatric
(February 2009).                                                      Medical Association or its successor association, and
§1305. Qualifications for License                                     approved by the board.

  A. To be eligible for a license, an applicant shall:                  C. Scope of Practice for Conservative Treatment of the
                                                                      Ankle. The scope of practice for the conservative treatment
    1.   be at least 21 years of age;                                 of the ankle shall be limited to the following:
    2.   be of good moral character as defined by §1303.A;                 1. the prevention, examination, diagnosis, medical,
     3. be a citizen of the United States or possess valid            surgical, and adjuvant treatment of the human foot, as
and current legal authority to reside and work in the United          defined in §1303.A, which is authorized for a doctor of
States duly issued by the commissioner of the Immigration             podiatric medicine without certification in advanced
and Naturalization Service of the United States under and             practice;
pursuant to the Immigration and Nationality Act (66 Stat.                  2. the medical treatment of the ankle to include the
163) and the commissioner's regulations thereunder                    muscles or tendons of the lower leg governing the functions
(8 CFR);                                                              of the foot and ankle;
     4. possess a doctor of podiatric medicine or equivalent              3. surgical treatment of the superficial conditions of
degree duly issued and conferred by a podiatric school or             the ankle involving the skin and overlying tissues and
college approved by the board;                                        extending proximally; and
    5. have taken and passed all three parts of the                       4. assisting an orthopedic surgeon or a doctor of
examination offered by the National Board of Podiatric                podiatric medicine whose practice prerogatives include
Medical Examiners, or its successor, or such other national           surgical treatment of the ankle, as defined in this Section.
examination as may be approved by the board following
consultation with the board's Podiatry Advisory Committee;               D. Qualifications for Certification in Surgical Treatment
and                                                                   of the Ankle. To be eligible for certification in the surgical
                                                                      treatment of the ankle, whether for initial licensure or annual
     6. with respect to applications for licensure first              renewal, an applicant who possesses and meets the
received by the board on and after January 1, 2005, have              qualifications and requirements of §1305A.1.-5 of this
completed at least one year of postgraduate podiatric                 Chapter shall:
training in an internship or equivalent program accredited by
the Council on Podiatric Medical Education of the American                1. have completed a surgical residency approved by
Podiatric Medical Association or its successor association,           the Council on Podiatric Medical Education of the American
and approved by the board.                                            Podiatric Medical Association, consisting of:

  B. The burden of satisfying the board as to the                           a. a two year Podiatric Surgery Residency (PSR 24)
qualifications and eligibility of the applicant for licensure         Program; or
shall be upon the applicant. An applicant shall not be                    b. a three year Podiatric Medicine and Surgery
deemed to possess such qualifications unless the applicant            (PM&S-36) Program; and
demonstrates and evidences such qualifications in the
manner prescribed by, and to the satisfaction of, the board.               2. hold American Board of Podiatric Surgery (ABPS)
                                                                      status as follows:
   AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:612, 37:613 and 37:616.                                          a. be board certified in reconstructive rearfoot/ankle
   HISTORICAL NOTE: Promulgated by the Department of                  surgery (RRA); or
Health and Hospitals, Board of Medical Examiners, LR 29:1089
(July 2003), amended LR 35:240 (February 2009).                              b. be board certified in foot surgery and board
                                                                      qualified in reconstructive rearfoot/ankle surgery (RRA).
§1307. Qualifications for Certification for Advanced
       Practice; Scope of Practice                                      E. Scope of Practice for Surgical Treatment of the Ankle.
                                                                      The scope of practice for surgical treatment of the ankle
 A. Certification of an applicant for advanced practice               shall be limited to the following:
may be issued by the board for either the conservative


                                                                 31              Louisiana Administrative Code          June 2012
                                      PROFESSIONAL AND OCCUPATIONAL STANDARDS

     1. the scope of practice as described in this Section for                Reciprocity―the issuance of a license to practice
the conservative treatment of the ankle; and                             podiatry in this state on the basis of podiatric licensure
                                                                         issued by another state podiatric licensing authority,
     2. surgical treatment of the ankle and muscles or
                                                                         pursuant to written examination and other requirements
tendons of the lower leg governing the functions of the foot
                                                                         acceptable to the board as specified by §§1305 and 1307 of
and ankle, limited to procedures listed by the Council on
                                                                         this Chapter.
Podiatric Medical Education (CPME) and the American
Board of Podiatric Surgery (ABPS) as found in the CPME                     AUTHORITY NOTE: Promulgated in accordance with R.S.
320 and ABPS 220 documents (and their successors) as                     37:1270, 37:611-37:628.
being required for graduate podiatric medical education and                HISTORICAL NOTE: Promulgated by the Department of
board certification at the time that an applicant's application          Health and Hospitals, Board of Medical Examiners, LR 35:241
                                                                         (February 2009).
for initial licensure or annual renewal is filed with the board.
                                                                         §1321. Qualifications for Podiatry Licensure by
  F. Surgical procedures authorized under this Section                          Reciprocity
shall only be performed in the following types of facilities:
                                                                            A. An applicant who possesses and meets all of the
     1. a licensed and accredited hospital as defined in R.S.            qualifications and requirements specified by §§1305 and/or
40:2102(A) and R.S. 37:611(3)(a), if the podiatrist is granted           1307 of this Chapter, except for the requirement of
privileges to do the procedures;                                         successfully passing the examination specified by §1305.A.5
    2. a licensed and accredited trauma center as defined                within the prior 10 years, shall nonetheless be eligible for
in R.S. 40:2171(3) and R.S. 37:611(3)(a), if the podiatrist is           licensing if such applicant possesses, as of the time the
granted privileges to do the procedures; or                              application is filed and at the time the board passes upon
                                                                         such application, a current, unrestricted license to practice
    3. a licensed and accredited ambulatory surgical                     podiatry issued by the podiatry licensing authority of another
center as defined in R.S. 40:2133(A) and R.S. 37:611(3)(a)               state and the applicant has, within 10 years prior to the date
if the podiatrist is granted privileges to do the same                   of application, taken and successfully passed a written
procedure in a hospital as described in §1307F.1 or a trauma             certification or recertification examination administered by a
center as described in §1307F.2 of this Subsection.                      specialty board recognized by the Council on Podiatric
  G. The burden of satisfying the board as to the                        Medical Education of the American Podiatric Medical
qualifications and eligibility of the applicant for certification        Association.
of practice prerogatives shall be upon the applicant. An                   B. An applicant who possesses all of the qualifications
applicant shall not be deemed to possess such qualifications             for licensure by reciprocity specified by Subsection A of this
unless the applicant demonstrates and evidences such                     Section, except for the requirement of having taken or
qualifications in the manner prescribed by and to the                    passed a written certification or recertification examination
satisfaction of the board.                                               within 10 years of the date of application, shall nonetheless
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    be considered eligible for licensure by reciprocity if such
37:1270, 37:611-37:628.                                                  applicant has, within 10 years prior to the date of
  HISTORICAL NOTE: Promulgated by the Department of                      application, taken and successfully passed the National
Health and Hospitals, Board of Medical Examiners, LR 35:241              Boards Part III or the podiatric medical licensure
(February 2009).                                                         examination administered by the National Board of Podiatric
§1309. Procedural Requirements [Reserved]                                Medical Examiners, or such other examination or
                                                                         competency testing, as may be designated and approved by
§1311. Waiver of Examination Requirements                                the board following consultation with the board's Podiatry
       [Reserved]                                                        Advisory Committee.
     Subchapter C. Board Approval of                                        C. An applicant who possess all of the qualifications for
       Podiatry Schools and Colleges                                     licensure by reciprocity specified by Subsections A and B of
                                                                         this Section who has not continuously practiced podiatry
§1313. Scope of Subchapter [Reserved]                                    over the two years immediately prior to submission of an
                                                                         application to the board shall, as an additional requirement
§1315. Applicability of Approval [Reserved]                              for eligibility for licensure by reciprocity, demonstrate
§1317. List of Approved Schools [Reserved]                               competency by the successful passage of an examination or
                                                                         by such other testing as may be designated and approved by
          Subchapter D. Licensure by                                     the board following consultation with the board's Podiatry
                 Reciprocity                                             Advisory Committee.

§1319. Definitions                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         37:1270, 37:611-37:628.
  A. As used in this Chapter the following terms shall have                HISTORICAL NOTE: Promulgated by the Department of
the meanings specified.                                                  Health and Hospitals, Board of Medical Examiners, LR 35:242
                                                                         (February 2009).



Louisiana Administrative Code                      June 2012        32
                                                           Title 46, Part XLV

          Subchapter E. Application                                     which the applicant has applied for membership, to disclose
                                                                        and release to the board any and all information and
§1323. Purpose and Scope                                                documentation concerning the applicant which the board
                                                                        deems material to consideration of the application. With
   A. The rules of this Subchapter govern the procedures
                                                                        respect to any such information or documentation, the
and requirements applicable to application to the board for
                                                                        submission of an application for licensing to the board shall
licensure as a podiatrist in the state of Louisiana.
                                                                        equally constitute and operate as a consent by the applicant
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   to disclosure and release of such information and
37:1270, 37:611-37:628.                                                 documentation and as a waiver by the applicant of any
  HISTORICAL NOTE: Promulgated by the Department of                     privilege or right of confidentiality which the applicant
Health and Hospitals, Board of Medical Examiners, LR 35:242             would otherwise possess with respect thereto.
(February 2009).
§1325. Application for Licensure; Procedure                                B. By submission of an application for licensure to the
                                                                        board, an applicant shall be deemed to have given his
  A. Application for licensure must be made in a format                 consent to submit to physical or mental examinations if,
approved by the board and shall include:                                when, and in the manner so directed by the board and to
     1. proof, documented in a form satisfactory to the                 waive all objections as to the admissibility or disclosure of
board that the applicant possesses the qualifications set forth         findings, reports, or recommendations pertaining thereto on
in §§1305 and/or 1307 of this Chapter;                                  the grounds of privileges provided by law. The expense of
                                                                        any such examination shall be borne by the applicant.
     2. certification of the truthfulness and authenticity of
all information, representations and documents contained in                C. The submission of an application for licensure to the
or submitted with the completed application;                            board shall constitute and operate as an authorization and
                                                                        consent by the applicant to the board to disclose and release
   3. payment of the applicable fee as provided in                      any information or documentation set forth in or submitted
Chapter 1 of these rules; and                                           with the applicant's application or obtained by the board
    4. such other information and documentation as the                  from other persons, firms, corporations, associations, or
board may require.                                                      governmental entities pursuant to this Section to any person,
                                                                        firm, corporation, association, or governmental entity having
   B. Upon submission of or concurrently with submission                a lawful, legitimate, and reasonable need therefore
of a completed application an applicant shall, by                       including, without limitation, the podiatric licensing
appointment, make a personal appearance before the board,               authority of any state; the Federal Drug Enforcement
a member of the board, or its designee, as a condition to the           Agency; the Louisiana Board of Pharmacy; the Department
board's consideration of such application. The                          of Health and Hospitals; federal, state, county, parish and
recommendation of the board, board member, or designee as               municipal health and law enforcement agencies; and the
to the applicant's fitness for licensure shall be made a part of        Armed Services.
the applicant's file.
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
  C. The board may reject or refuse to consider any                     37:1270, 37:611-37:628.
application which is not complete in every detail. The board              HISTORICAL NOTE: Promulgated by the Department of
may in its discretion require a more detailed or complete               Health and Hospitals, Board of Medical Examiners, LR 35:242
response to any request for information set forth in the                (February 2009).
application form as a condition to consideration of an                           Subchapter F. Examination
application.
                                                                        §1329. Designation of Examinations [Reserved]
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:611-37:628.                                                 §1331. Eligibility for Examination [Reserved]
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 35:242             §1333. Observance of Examination [Reserved]
(February 2009).
                                                                        §1335. Subversion of Examination Process [Reserved]
§1327. Effect of Application
                                                                        §1337. Finding of Subversion [Reserved]
   A. The submission of an application for licensure to the
board shall constitute and operate as an authorization by the           §1339. Sanctions for Subversion of Examination
applicant to each educational institution at which the                         [Reserved]
applicant has matriculated, each state or federal agency to             §1341. Passing Scores [Reserved]
which the applicant has applied for any license, permit,
certificate, or registration, each person, firm, corporation,           §1343. Restriction, Limitations on Examinations
clinic, office, or institution by whom or with whom the                        [Reserved]
applicant has been employed in the practice of podiatry, each
physician or other health care practitioner whom the                    §1345. Examinations in or for Another State [Reserved]
applicant has consulted or seen for diagnosis or treatment
and each professional organization or specialty board to

                                                                   33             Louisiana Administrative Code         June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

§1347. Lost, Stolen or Destroyed Examinations                           §1361. Renewal of License
       [Reserved]
                                                                          A. Every license or permit issued by the board shall be
    Subchapter G. Temporary License                                     renewed annually on or before the first day of the month in
                                                                        which the licensee was born by submitting to the board a
§1349. Temporary License in General [Reserved]                          properly completed application for renewal, upon forms
                                                                        supplied by the board, together with the renewal fee
§1351. License Pending Examination [Reserved]                           prescribed by the board and documentation of satisfaction of
§1353. Provisional Temporary Permit Pending                             the continuing medical education requirement prescribed by
       Application for Visa [Reserved]                                  Subchapter J of these rules.

§1355. License Pending Reexamination [Reserved]                           B. An application for renewal of license form shall be
                                                                        mailed by the board to each person holding a license issued
  Subchapter H. Licensure Issuance,                                     under this Chapter at least 30 days prior to the expiration of
                                                                        the license each year. Such form shall be mailed to the most
  Termination, Renewal, Reinstatement                                   recent address of each licensee as reflected in the official
§1357. Issuance of Licensure                                            records of the board.
  A. If the qualifications, requirements, and procedures                  AUTHORITY NOTE: Promulgated in accordance with R.S.
prescribed or incorporated by this Chapter are met to the               37:1270, 37:1270(A)(8) and 37:621.
satisfaction of the board, the board shall license the applicant          HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Hospitals, Board of Medical Examiners, LR 24:1501
to engage in the practice of podiatry in the state of                   (August 1998), amended LR 29:1089 (July 2003).
Louisiana.
                                                                        §1363. Reinstatement of Expired License
  B. Licensure issued by the board under this Chapter, as
evidenced by a certificate duly issued by the board shall                 A. A license which has expired may be reinstated by the
reflect an applicant's practice prerogatives based upon the             board subject to the conditions and procedures hereinafter
applicant's education and level of training in accordance               set forth, provided that application for reinstatement is made
with the qualifications specified by this Chapter.                      within four years of the date of expiration. A podiatrist
                                                                        whose license has lapsed and expired for a period in excess
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   of four years or who is otherwise ineligible for reinstatement
37:1270, 37:611-37:628.                                                 under this Section may apply to the board for an initial
  HISTORICAL NOTE: Promulgated by the Department of
                                                                        original or reciprocal license pursuant to these rules and/or
Health and Hospitals, Board of Medical Examiners, LR 35:243
(February 2009).                                                        the Podiatry Practice Act.
§1359. Expiration of License or Permit                                     B. An applicant seeking reinstatement more than one
                                                                        year from the date on which his license expired shall
  A. Every license or permit issued by the board under this             demonstrate, as a condition of reinstatement, satisfaction of
Chapter, the expiration date of which is not stated thereon or          the continuing medical education requirement of §1373 of
provided by these rules, shall expire, and thereby become               Subchapter J of these rules for each year since the date of the
null, void and to no effect, on the last day of the year in             expiration of licensure. As additional conditions of
which such license or permit was issued.                                reinstatement the board may require:
   B. Notwithstanding the provisions of §1359.A, every                      1. that the applicant complete a statistical affidavit
license, but not a permit, issued by the board under this               upon a form supplied by the board and provide a recent
Chapter to be effective on or after January 1, 1999, and each           photograph;
year thereafter, shall expire, and thereby become null, void
and to no effect the following year, on the first day of the                 2. that the applicant possess a current, unrestricted
month in which the licensee was born.                                   license to practice podiatry issued by another state; and/or
  C. The timely submission of a properly completed                           3. if the applicant does not at the time of the
application for renewal of a license, as provided in §1361,             application for reinstatement possess a current, unrestricted
shall operate to continue the expiring licensing in full force          license to practice podiatry issued by another state, that the
and effect pending issuance of the renewal license.                     applicant take and successfully pass:
  D. Permits are not subject to renewal, except as                             a. all or a designated portion of the examination
expressly provided in these rules.                                      specified by R.S. 37:613; or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                          b. a written certification or recertification
37:1270 and 37:621.                                                     examination approved, offered or sponsored by the
  HISTORICAL NOTE: Promulgated by the Department of                     American Podiatric Medical Association or its successor
Health and Hospitals, Board of Medical Examiners, LR 24:1501            association and acceptable to the board.
(August 1998).
                                                                          C. An applicant whose license to practice podiatry has
                                                                        been revoked, suspended or placed on probation by the


Louisiana Administrative Code                     June 2012        34
                                                          Title 46, Part XLV

licensing authority of another state or who has voluntarily or           B. Insofar as possible or practical, in its appointment of
involuntarily surrendered his license to practice podiatry in          members to the advisory committee the board shall maintain
consideration of the dismissal or discontinuance of pending            geographic diversity so as to provide representative
or threatened administrative or criminal charges following             membership on the advisory committee by podiatrists
the date on which his license to practice podiatry in                  residing and practicing in north, central, southwestern, and
Louisiana expired shall be deemed ineligible for                       southeastern Louisiana.
reinstatement of licensure.
                                                                          C. Of the board's initial appointment of members to the
  D. An application for reinstatement of licensure meeting             advisory committee following the effective date of these
the requirements and conditions of this Section may                    rules, three appointees shall be designated to serve terms
nonetheless be denied for any of the causes for which an               expiring on the last day of the year of their appointment and
application for original licensure may be refused by the               three to serve terms expiring on the last day of the year
board as specified in R.S. 37:624.                                     succeeding the year of their appointment. Thereafter, each
                                                                       member of the advisory committee shall serve a term of two
  E. An application for reinstatement shall be made upon
                                                                       years, subject to removal at any time at the pleasure of the
forms supplied by the board and accompanied by two letters
                                                                       board. Members appointed to the advisory committee by the
of character recommendation from reputable podiatrists of
                                                                       board to fill a vacancy occurring on the advisory committee,
the former licensee's last professional location, together with
                                                                       other than by expiration of the designated term, shall serve
the applicable fees and costs prescribed by the board, plus a
                                                                       for the unexpired term. A member of the advisory committee
penalty computed as follows.
                                                                       may be appointed by the board for not more than three
    1. If the application for reinstatement is made less               consecutive terms other than the initial appointments
than two years from the date of license expiration, the                provided herein. Board appointments to the advisory
penalty shall be equal to the renewal fee.                             committee shall be effective when made with respect to
                                                                       appointments for unexpired terms and otherwise shall be
     2. If the application for reinstatement is made more
                                                                       effective as of the first day of the year following the date of
than two years but less than three years from the date of
                                                                       appointment.
license expiration, the penalty shall be equal to twice the
renewal fee.                                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:1270, 37:611-37:628.
    3. If the application for reinstatement is made more                 HISTORICAL NOTE: Promulgated by the Department of
than three years from the date of license expiration, the              Health and Hospitals, Board of Medical Examiners, LR 35:243
penalty shall be equal to three times the renewal fee.                 (February 2009).
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 §1369. Delegated Duties and Responsibilities
37:1270, 37:617, 37:621, 37:622 and 37:628.
                                                                         A. The advisory committee is hereby authorized by the
   HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 29:1089           board to:
(July 2003).                                                               1. advise and assist the board in the ongoing
     Subchapter I. Podiatry Advisory                                   evaluation of the podiatric licensing and other competency
                                                                       examinations required by the board;
               Committee
                                                                            2. assist the board in examining the qualifications and
§1365. Constitution of Committee                                       credentials of and interviewing applicants for podiatric
   A. To assist the board in the review of an applicant's              licensure and making recommendations thereon to the board;
qualifications for licensure and renewal of licensure under                3. provide advice and recommendations to the board
this Chapter, the board shall constitute and appoint a                 respecting    the     modification,     amendment, and
Podiatry Advisory Committee (advisory committee) which                 supplementation of rules and regulations;
shall be organized and shall function in accordance with the
provisions of this Subchapter.                                             4. serve as a liaison between and among the board,
                                                                       podiatrists and podiatry professional associations;
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270, 37:611-37:628.                                                    5. receive reimbursement for attendance at board
  HISTORICAL NOTE: Promulgated by the Department of                    meetings and for other expenses when specifically
Health and Hospitals, Board of Medical Examiners, LR 35:243            authorized by the board; and
(February 2009).
                                                                            6. advise and assist the board in the review and
§1367. Composition; Appointment                                        approval of continuing professional education programs and
   A. The advisory committee shall be comprised of six                 licensee satisfaction of continuing professional education
members five of whom shall be podiatrists and one of                   requirements for renewal of licensure, as prescribed by
whom will be an orthopedic surgeon specializing in                     Subchapter J of these rules, including the authority and
treatment of the foot. All members of the advisory                     responsibility to:
committee will be licensed by the board and practice and                     a. evaluate organizations and entities providing
reside in this state.                                                  or offering to provide continuing professional education

                                                                  35              Louisiana Administrative Code          June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

programs for podiatrists and providing recommendations to             successful completion of not less than 20 hours of board
the board with respect to the board's recognition and                 approved CME.
approval of such organizations and entities as sponsors of
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
qualifying continuing professional education programs                 37:1270, 37:1270(A)(8), 37:621 and 37:628.
and activities pursuant to §1375 of this Chapter;                        HISTORICAL NOTE: Promulgated by the Department of
       b. review      documentation      of     continuing            Health and Hospitals, Board of Medical Examiners, LR 29:1090
                                                                      (July 2003).
professional education by podiatrists, verify the accuracy
of such documentation, and evaluate and make                          §1375. Qualifying Continuing Medical Education
recommendations to the board with respect to whether                         Programs
programs and activities supplied by applicants for renewal              A. Any program, course, seminar or other activity
of licensure comply with and satisfy the standards for                offering Category 1 CME shall be deemed approved for
such programs and activities prescribed by these rules;               purposes of satisfying the continuing medical education
and                                                                   requirement under this Subchapter, if approved, sponsored
       c. request and obtain from applicants for renewal              or offered by:
of licensure such additional information as the advisory                  1. the American Podiatric Medical Association, or its
committee may deem necessary or appropriate to enable it to           successor association;
make the evaluations and provide the recommendations
for which the committee is responsible.                                   2. an organization or entity accredited by the
                                                                      Accreditation Council for Continuing Medical Education
  B. In discharging the functions authorized under this               (ACCME);
Section the advisory committee and the individual members
thereof shall, when acting within the scope of such authority,            3. a member board of the American Board of Medical
be deemed agents of the board. All information obtained by            Specialties;
the advisory committee members pursuant to §§1369.A.2                     4. an organization or entity accredited by the
and 1369.A.6 shall be considered confidential. Advisory               Louisiana State Medical Society or any other ACCME
committee members are prohibited from communicating,                  recognized state medical society.
disclosing, or in any way releasing to anyone, other than the
board, any information or documents obtained when acting                 AUTHORITY NOTE: Promulgated in accordance with R.S.
as agents of the board without first obtaining written                37:1270, 37:1270(A)(8) and 37:628.
authorization of the board.                                              HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 29:1090
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 (July 2003).
37:1270, 37:611-37:628.
                                                                      §1377. Documentation Procedure
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 35:243             A. A form for annual documentation and certification of
(February 2009).                                                      satisfaction of the continuing medical education requirement
    Subchapter J. Continuing Medical                                  prescribed by §1373 shall be included with each application
                                                                      for renewal or reinstatement of licensure form mailed by the
               Education                                              board pursuant to §§1361 or 1363. Such form shall be
§1371. Scope of Subchapter                                            completed and delivered to the board with the podiatrist's
                                                                      application.
  A. The rules of this Subchapter provide standards for the
continuing medical education (CME) requisite to the                      B. Podiatrists will not be required to transmit
renewal or reinstatement of licensure as provided by §§1361           documentation of compliance with the continuing medical
and 1363 of these rules and prescribe the procedures                  education requirement for renewal or reinstatement of
applicable to satisfaction and documentation of continuing            licensure, unless otherwise required by these rules or
medical education in connection with applications for                 requested by the board pursuant to §1377.E.
renewal or reinstatement of licensure.                                   C. A podiatrist shall maintain a record or certificate of
   AUTHORITY NOTE: Promulgated in accordance with R.S.                attendance for at least four years from the date of completion
37:1270, 37:1270(A)(8), 37:621 and 37:628.                            of the continuing medical education activity. Satisfactory
   HISTORICAL NOTE: Promulgated by the Department of                  evidence shall consist of a certificate or other documentation
Health and Hospitals, Board of Medical Examiners, LR 29:1090          which shall, at a minimum, contain the:
(July 2003).
                                                                          1.   program title;
§1373. Continuing Medical Educational Requirement
                                                                          2.   sponsor's name;
   A. Subject to the waiver of and exceptions to CME
provided by §§1383 and 1385, respectively, every podiatrist               3.   podiatrist's name;
seeking the renewal or reinstatement of licensure, to be                  4. inclusive date or dates and location of the CME
effective on or after January 1, 2005, shall annually evidence        event; and
and document, upon forms supplied by the board, the


Louisiana Administrative Code                   June 2012        36
                                                           Title 46, Part XLV

     5. documented verification of successful completion                applicant's cense was last issued or renewed, completed an
of 20 hours of Category 1 CME by stamp, signature or other              aggregate of 20 hours of board approved CME.
official proof acceptable to the board.
                                                                           C. The license of a podiatrist which has been suspended
  D. The board shall select for an audit of continuing                  or revoked on more than one occasion for failure to satisfy
medical education activities no fewer than two percent of the           the CME requirement of these rules shall be deemed in
applicants for renewal or reinstatement each year. In                   violation of R.S. 37:624(15), providing cause for the board
addition, the board has the right to audit any questionable             to suspend or revoke, refuse to issue, or impose probationary
documentation of activities.                                            or other restrictions on any license or permit held or applied
                                                                        for by a podiatrist to practice podiatry in the state of
   E. Verification of continuing medical education
                                                                        Louisiana culpable of such violation.
satisfying the requirement of this Subchapter shall be
submitted to the board within 30 days of the date of mailing               AUTHORITY NOTE: Promulgated in accordance with R.S.
of notification of audit or such longer period as the board my          37:1270, 37:1270(A)(8), 37:621, 37:624 and 37:628.
designate in such notification. A podiatrist's failure to notify           HISTORICAL NOTE: Promulgated by the Department of
the board of a change of mailing address will not absolve the           Health and Hospitals, Board of Medical Examiners, LR 29:1090
                                                                        (July 2003).
licensee from the audit requirement.
                                                                        §1381. Falsification of Continuing Medical Education
  F. Any certification of continuing medical education not
presumptively approved by the board pursuant to §1375                      A. Any licensee or applicant who falsely certifies
shall not be considered as qualifying for CME recognition               attendance at and/or completion of the required continuing
by the board.                                                           medical education requirement of §1373 shall be deemed in
                                                                        violation of R.S. 37:624(2) and/or (15), providing cause for
   AUTHORITY NOTE: Promulgated in accordance with R.S.                  the board to suspend or revoke, refuse to issue, or impose
37:1270, 37:1270(A)(8), 37:621 and 37:628.
                                                                        probationary or other restrictions on any license or permit
   HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 29:1090            held or applied for by a podiatrist to practice podiatry in the
(July 2003).                                                            state of Louisiana culpable of such violation.
§1379. Failure to Satisfy Continuing Medical Education                     AUTHORITY NOTE: Promulgated in accordance with R.S.
       Requirement                                                      37:1270, 37:1270(A)(8), 37:624 and 37:628.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
  A. An applicant for renewal of licensure who fails to                 Health and Hospitals, Board of Medical Examiners, LR 29:1091
evidence satisfaction of the continuing professional                    (July 2003).
education requirement prescribed by these rules shall be                §1383. Waiver of Requirement
given written notice of such failure by the board. Such notice
shall be mailed to the most recent address of the licensee as             A. The board may, in its discretion, waive all or part of
reflected in the official records of the board. The license of          the CME required by these rules in favor of a podiatrist who
the applicant shall remain in full force and effect for a period        makes written request to the board and evidences to its
of 90 days following the mailing of such notice, following              satisfaction a permanent physical disability, illness, financial
which such license shall be deemed expired, unrenewed and               hardship or other similar extenuating circumstances
subject to suspension or revocation without further notice              precluding the individual's satisfaction of the CME
unless the applicant shall have furnished the board, within             requirement.
such 90 days, satisfactory evidence by affidavit, that:                    AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1270, 37:1270(A)(8) and 37:628.
   1. the applicant has satisfied the applicable continuing
                                                                           HISTORICAL NOTE: Promulgated by the Department of
medical education requirement;                                          Health and Hospitals, Board of Medical Examiners, LR 29:1091
     2. the applicant's failure to satisfy the continuing               (July 2003).
medical education requirement was occasioned by disability,             §1385. Exceptions to the Continuing Medical Education
illness or other good cause as may be determined by the                        Requirement
board pursuant to §1383; or
                                                                          A. The CME requirement prescribed by this Subchapter
    3. the applicant is exempt from such requirement                    prerequisite to renewal or reinstatement of licensure shall
pursuant to §1385.                                                      not be applicable to a podiatrist:
  B. The license of a podiatrist which has expired for                      1. engaged in military service longer than one year's
nonrenewal or has been suspended or revoked for failure to              duration outside of Louisiana;
satisfy the CME requirement of these rules may be reinstated
pursuant to §1363 upon written application to the board,                    2. who has held an initial Louisiana license on the
accompanied by payment of the application fee prescribed                basis of examination for less than one year; or
by §1363, in addition to all other applicable fees and costs,               3. who is in a postgraduate year one podiatric training
together with documentation and certification that the                  program approved by the board.
applicant has, for each year since the date on which the
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1270, 37:1270(A)(8) and 37:628.


                                                                   37              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

   HISTORICAL NOTE: Promulgated by the Department of                    deemed to possess such qualifications unless the applicant
Health and Hospitals, Board of Medical Examiners, LR 29:1091            demonstrates and evidences such qualifications in the
(July 2003).                                                            manner prescribed by, and to the satisfaction of, the board.
     Subchapter K. Postgraduate Year                                       AUTHORITY NOTE: Promulgated in accordance with R.S.
       One (Internship) Registration                                    37:1270 and 37:613.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
§1391. Necessity for Registration                                       Health and Hospitals, Board of Medical Examiners, LR 29:1092
                                                                        (July 2003).
  A. As used in this Section, postgraduate year one
                                                                        §1395. Procedural Requirements
(PGY-1) or internship means the first year of postgraduate
podiatric training, following graduation from a school or                  A. In addition to the substantive qualifications specified
college of podiatry, that is approved by the Council of                 in §1393, to be eligible for registration under this Subchapter
Podiatric Medical Education of the American Podiatric                   an applicant shall:
Medical Association, or its successor, and the board. For
                                                                             1. submit to the board a completed application, upon
purposes of this Section PGY-1 includes only the first year
                                                                        forms supplied by the board, subscribed by the applicant and
of any such training following graduation from a podiatry
                                                                        by the administrator or chief executive officer of the hospital
school or college and does not include training which may
                                                                        or medical institution in which the PGY-1 program is to be
be designated PGY-1 level subsequent to prior training at
                                                                        conducted, accompanied by a recent photograph of the
such level in any specialty, field, or program.
                                                                        applicant;
   B. No person who does not possess a license or permit
                                                                             2. make a personal appearance by appointment before
issued under this Chapter shall enroll or participate in a
                                                                        a member of the board or its designee, or at the office of the
PGY-1 podiatric educational program, or internship, unless
                                                                        board before its designated officer, and present evidence of
he is duly registered with the board pursuant to this
                                                                        the qualifications specified by §1393; provided, however,
Subchapter.
                                                                        that an applicant who has completed his podiatric education
  C. Notwithstanding registration under this Subchapter,                but who does not yet possess a degree as required by R.S.
no person who does not possess a license or permit issued               37:613(4) may be deemed eligible for registration upon
under this Chapter shall enroll or participate in a first year          submission to the board of a letter subscribed by the dean of
postgraduate podiatric educational program, an internship, or           an approved school or college of podiatry, certifying that the
any other program howsoever designated or whenever taken,               applicant has completed his academic and podiatric
which permits or requires such persons to exercise                      education at such school or college, that the applicant is a
independent judgment, assume independent responsibility                 candidate for the degree of doctor of podiatric medicine or
for patient care or otherwise to engage in the practice of              its equivalent at the next scheduled convocation of such
podiatry.                                                               school or college, and specifying the date on which such
                                                                        degree will be awarded; and
  D. Upon a finding that a person or registrant has violated
the proscriptions of this Section, the board may:                           3.   pay all applicable fees and costs prescribed by the
                                                                        board.
     1. suspend or revoke such person's registration under
this Subchapter or impose probationary conditions thereon;                B. All documents required to be submitted to the board
                                                                        must be the original thereof. For good cause shown, the
     2. consider and declare such person or registrant
                                                                        board may waive or modify this requirement.
ineligible for a podiatry license or permit under this Chapter;
and/or                                                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1270, 37:613.
    3. cause the institution of judicial proceedings against               HISTORICAL NOTE: Promulgated by the Department of
such person for injunctive relief pursuant to R.S. 37:625.              Health and Hospitals, Board of Medical Examiners, LR 29:1092
                                                                        (July 2003).
   AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:613.                                                     §1397. Issuance and Term of Registration
   HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 29:1091               A. If the qualifications, requirements, and procedures
(July 2003).                                                            prescribed or incorporated by §§1393 and 1395 are met to
                                                                        the satisfaction of the board, the board shall issue a
§1393. Qualifications for Registration
                                                                        certificate to the applicant evidencing his registration under
  A. To be eligible for registration under this Subchapter              this Subchapter for enrollment and participation in a PGY-1
an applicant shall possess all of the substantive                       podiatric training program in the state of Louisiana.
qualifications for licensure specified by R.S. 37:613 and
                                                                           B. Registration issued under this Subchapter shall be
§1305 and shall be a graduate of a podiatry school or college
                                                                        effective on and as of the date on which an applicant's
approved by the board.
                                                                        PGY-1 podiatric training program is to commence.
  B. The burden of satisfying the board as to the                         AUTHORITY NOTE: Promulgated in accordance with R.S.
qualifications and eligibility of the applicant for registration        37:1270, 37:613.
shall be upon the applicant. An applicant shall not be

Louisiana Administrative Code                     June 2012        38
                                                          Title 46, Part XLV

   HISTORICAL NOTE: Promulgated by the Department of                    "Rx Only." For purposes of this definition, legend drugs do
Health and Hospitals, Board of Medical Examiners, LR 29:1092            not include controlled substances.
(July 2003).
                                                                            Locum Tenens Physician—a supervising physician
      Chapter 15. Physician Assistants                                  approved and registered with the board under this Chapter,
§1501. Scope of Chapter                                                 who assumes the obligations and responsibilities of a
                                                                        primary supervising physician.
  A. These rules govern the licensure of physician
assistants in the state of Louisiana.                                        Medical Device―any instrument, apparatus, implement,
                                                                        contrivance, or similar or related article, which is required
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   under federal law to bear the label "Caution: Federal or State
37:1270(B)(6), 37:1360.23(D) and (F).                                   law requires dispensing by or on the order of a physician"
  HISTORICAL NOTE: Promulgated by the Department of                     and/or "Rx Only," or any other designation required under
Health and Hospitals, Board of Medical Examiners, LR 4:109
                                                                        federal law. For purposes of this Chapter a medical device
(April 1978), amended by the Department of Health and Hospitals,
Board of Medical Examiners, LR 17:1102 (November 1991), LR              shall not include medical lasers, microwave, pulse light,
22:201 (March 1996), LR 25:27 (January 1999).                           radio frequency or any other such instrument, apparatus,
                                                                        implement or similar equipment used for therapeutic or
§1503. Definitions
                                                                        cosmetic purposes.
  A. As used in this Chapter, the following terms shall
                                                                             Medication―except in these rules where its use may
have the meanings specified.
                                                                        indicate otherwise, is synonymous with drug, as defined
   Advisory Committee―the Louisiana State Board of                      herein.
Medical Examiners Physician Assistants Advisory
                                                                             Multiple Supervising Physicians—two or more
Committee constituted under R.S. 37:1270.1.
                                                                        supervising physicians practicing in any professional or
    Applicant―a person on whose behalf the board has                    clinical setting.
received an application for:
                                                                            NCCPA―National Commission             on   Certificate    of
       a.   licensure as a physician assistant;                         Physician Assistants or its successors.
       b. physician assistant registration for prescriptive                 Physician―a person possessing a current license to
authority; or                                                           practice medicine in the state of Louisiana.
       c. registration by a physician to supervise a                         Physician Assistant (PA)―an individual licensed under
physician assistant and/or to delegate prescriptive authority           the Act and this Chapter. As members of the health care
to a physician assistant.                                               team, physician assistants provide a broad range of medical
                                                                        services that would otherwise be provided by physicians.
     Approved Application―all of the information,
representations, terms, restrictions, and documents contained                Physician Assistant-Certified (PA-C)―a physician
in or submitted with an application upon which the board                assistant who is currently certified by the National
has issued: a physician assistant license; a physician                  Commission on Certificate of Physician Assistants (NCCPA)
assistant registration for prescriptive authority; or a                 or its successors.
supervising physician registration of delegation of
                                                                             Prescribe or Prescription―a request or order
prescriptive authority to a physician assistant.
                                                                        transmitted in writing, orally, electronically or by other
   Board―the       Louisiana     State   Board    of   Medical          means of telecommunication, for a drug or medical device
Examiners.                                                              issued in good faith, in the usual course of professional
                                                                        practice for a legitimate medical purpose, by a licensed
     Bona Fide Medication Sample―a medication, other                    physician, or a physician assistant registered to prescribe
than a controlled substance, packaged by the original                   medication and/or medical devices under this Chapter, for
manufacturer thereof in such quantity as does not exceed a              the purpose of correcting a physical, mental, or bodily
usual and reasonable therapeutic dosage and provided at no              ailment.
cost to a physician or physician assistant for administration
or dispensation at no cost to the patient.                                   Prescriptive Authority―the authority of a physician
                                                                        assistant duly registered and approved by the board to
    Controlled Substance―for purposes of this definition,               prescribe legend drugs and/or controlled substances and/or
any substance designated or that may hereafter be designated            medical devices, to the extent delegated by a supervising
as a Scheduled III, IV, or V controlled substance in R.S.               physician, in accordance with the registration on file with
40:964.                                                                 the board and in compliance with the board's rules, §§1501-
    Drug―a controlled substance or a legend drug.                       1529 and §§4501-4513.
    Legend Drug―any drug or drug product bearing on the                     Primary Practice Site―the practice location at which a
label of the manufacturer or distributor as required by the             supervising physician or physician assistant spends the
Food and Drug Administration, the statement "Caution:                   majority of time engaged in the performance of his
Federal law prohibits dispensing without a prescription" or             profession.


                                                                   39             Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

    Primary     Supervising    Physician—a    supervising                 HISTORICAL NOTE: Promulgated by the Department of
physician, approved and registered with the board as such               Health and Hospitals, Board of Medical Examiners, LR 4:109
under this Chapter.                                                     (April 1978), amended by the Department of Health and Hospitals,
                                                                        Board of Medical Examiners, LR 17:1102 (November 1991), LR
     Protocol or Clinical Practice Guidelines or Clinical               22:201 (March 1996), LR 25:27 (January 1999), LR 31:73 (January
Practice Guidelines or Protocols―a written set of directives            2005), LR 34:244 (February 2008).
or instructions regarding routine medical conditions, to be             §1505. Necessity for License; Registration of
followed by a physician assistant in patient care activities. If               Prescriptive Authority
prescriptive authority has been delegated to the physician
assistant by the supervising physician the clinical practice               A.1. No person may act as or undertake to perform the
guidelines or protocols shall contain each of the components            functions of a physician assistant unless he has in his
specified by §1521.A.5. The Advisory Committee shall                    personal possession a current physician assistant license
periodically publish and disseminate to supervising                     issued to him under this Chapter.
physicians and all physician assistants, model forms and                    2. A physician assistant currently licensed by the
examples of clinical practice guidelines and protocols. When            board shall not prescribe medication or medical devices
a physician assistant has been delegated prescriptive                   unless his registration for prescriptive authority has been
authority, the supervising physician and physician assistant            approved by the board in accordance with this Chapter.
shall maintain a written copy of such clinical practice
guidelines and protocols in each office location that the                 B. Any person who acts or undertakes to perform the
supervising physician and physician assistant practices. Such           functions of a physician assistant without a current physician
written clinical practice guidelines and protocols shall be             assistant license issued under this Chapter, or prescribes
available for inspection by authorized representatives of the           medication or medical devices without or beyond
board.                                                                  registration of such authority approved by the board, shall be
                                                                        deemed to be engaging in the practice of medicine;
     Supervising Group of Physicians or Supervising                     provided, however, that none of the provisions of this
Group―a professional partnership, professional corporation,             Chapter shall apply to:
or other professional, physician-owned entity approved by
and registered with the board under this Chapter to supervise                1. any person employed by, and acting under the
one or more physician assistants. For the purposes of this              supervision and direction of, any commissioned physician or
definition the term physician-owned entity does not mean the            surgeon of the United States Armed Services, or Public
type of entity defined in R.S. 37:1360.22(3).                           Health Services, practicing in the discharge of his official
                                                                        duties;
     Supervising Physician—a physician approved by and
registered with the board under this Chapter, as a primary                   2. practitioners of allied health fields, duly licensed,
supervising physician or a locum tenens physician, to                   certified, or registered under other laws of this state, when
provide supervision to one or more physician assistants.                practicing within the scope of such license, certificate or
                                                                        registration;
     Supervision—responsible direction and control, with the
supervising physician assuming responsibility for the                        3. any physician assistant student enrolled in a
services rendered by a physician assistant in the course and            physician assistant educational program accredited by the
scope of the physician assistant's employment, with respect             Advisory Committee on Allied Health Education and
to patients for whose care, or aspect of care, the physician is         Accreditation or its successor; provided, however, that a
responsible. Supervision shall not be construed in every case           physician assistant student shall not be eligible for
to require the physical presence of the supervising physician.          registration of prescriptive authority.
However, the supervising physician and physician assistant                AUTHORITY NOTE: Promulgated in accordance with R.S.
must have the capability to be in contact with each other by            37:1270(B)(6), 37:1360.23(D)and (F), 37:1360.31(B)(8).
either telephone or other telecommunications device.                      HISTORICAL NOTE: Promulgated by the Department of
Supervision shall exist when the supervising physician                  Health and Hospitals, Board of Medical Examiners, LR 4:109
responsible for the care, or aspect of care of the patient,             (April 1978), amended by the Department of Health and Hospitals,
gives informed concurrence of the actions of the physician              Board of Medical Examiners, LR 17:1102 (November 1991), LR
assistant, whether given prior to or after the action, and              22:201 (March 1996), LR 25:28 (January 1999), LR 31:74 (January
                                                                        2005).
when a medical treatment plan or action is made in
accordance with written clinical practice guidelines or                 §1507. Qualifications for Licensure
protocols set forth by the supervising physician. Such                    A. To be eligible for licensure under this Chapter, an
guidelines or protocols shall require that the physician                applicant shall:
assistant contact the supervising physician when there is a
question or uncertainty as to what should be done in a given                1.   be at least 20 years of age;
case or when an approved protocol does not address the                      2.   be of good moral character;
clinical situation presented.
                                                                             3. demonstrate his competence to provide patient
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        services under the supervision and direction of a supervising
37:1270(B)(6), 37:1360.23(D)and (F).
                                                                        physician by:

Louisiana Administrative Code                     June 2012        40
                                                          Title 46, Part XLV

       a. presenting to the board a valid diploma certifying            or similar employment, contractual or financial relationship.
that the applicant is a graduate of a physician assistant               The board may, in its discretion, grant an exception to this
training program accredited by the Committee on Allied                  requirement on a case-by-case basis where it has been shown
Health Education and Accreditation (CAHEA), or its                      to its satisfaction that such relationship is structured so as to
successors, and by presenting or causing to be presented to             prohibit interference or intrusion into the physician's
the board satisfactory evidence that the applicant has                  relationship with patients, his exercise of independent
successfully passed the national certification examination              medical judgment and satisfaction of the obligations and
administered by the National Commission on Certificate of               responsibilities imposed by law and the board's rules on a
Physician Assistants (NCCPA) or its successors, together                supervising physician.
with satisfactory documentation of current certification; or
                                                                          B. The burden of satisfying the board as to the eligibility
        b. presenting to the board a valid, current physician           of the proposed supervising physician for approval and
assistant license, certificate or permit issued by any other            registration shall be upon the proposed supervising
state of the United States; provided, however, that the board           physician.
is satisfied that the certificate, license or permit presented
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
was issued upon qualifications and other requirements                   37:1270(b)(6), 37:1360.23(D) and (F).
substantially equivalent to the qualifications and other                  HISTORICAL NOTE: Promulgated by the Department of
requirements set forth in this Chapter;                                 Health and Hospitals, Board of Medical Examiners, LR 22:202
                                                                        (March 1996), amended by the Department of Health and
    4. certify that he is mentally and physically able to               Hospitals, Board of Medical Examiners, LR 25:29 (January 1999),
engage in practice as a physician assistant;                            LR 34:244 (February 2008).
      5. not, as of the date of application or the date on              §1509. Application for Licensure; Procedure
which it is considered by the board, be subject to discipline,
revocation, suspension, or probation of certification or                  A. Application for licensure as a physician assistant must
licensure in any jurisdiction for cause resulting from the              be made in a format approved by the board and must
applicant's practice as a physician assistant; provided,                include:
however, that this qualification may be waived by the board                  1. proof, documented in a form satisfactory to the
in its sole discretion.                                                 board that the applicant possesses the qualifications set forth
  B. The burden of satisfying the board as to the eligibility           in §1507 of this Chapter;
of the applicant for licensure shall be upon the applicant.                  2. certification of the truthfulness and authenticity of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   all information, representations and documents contained in
37:1270(B)(6), 37:1360.23(D) and (F).                                   or submitted with the completed application;
  HISTORICAL NOTE: Promulgated by the Department of
                                                                           3. payment of the applicable fee as provided in
Health and Hospitals, Board of Medical Examiners, LR 4:109
(April 1978), amended by the Department of Health and Hospitals,
                                                                        Chapter 1 of these rules; and
Board of Medical Examiners, LR 17:1102 (November 1991), LR                  4. such other information and documentation as the
22:201 (March 1996), LR 25:28 (January 1999).                           board may require.
§1508. Qualifications for Registration as Supervising
                                                                          B. A personal interview of a physician assistant applicant
       Physician
                                                                        by a member of the board or its designee may be required by
  A. To be eligible for approval and registration under this            the board, as a condition of licensure, with respect to:
Chapter, a proposed primary supervising physician or locum
                                                                             1. an initial application for           licensure    where
tenens physician shall, as of the date of the application:
                                                                        discrepancies exist in the application; or
     1. hold an unrestricted license to practice medicine in
                                                                             2. an applicant who has been the subject of prior
the state of Louisiana; and
                                                                        adverse licensure, certification or registration action in any
     2. have been in the active practice of medicine for not            jurisdiction.
less than three years following the date on which the
                                                                          C. The board may reject or refuse to consider any
physician was awarded a doctor of medicine or doctor of
                                                                        application which is not complete in every detail. The board
osteopathy degree and not currently be engaged in a medical
                                                                        may in its discretion require a more detailed or complete
residency or other post graduate training program. The board
                                                                        response to any request for information set forth in the
may, in its discretion, grant an exception to the requirement
                                                                        application form as a condition to consideration of an
for completion of all post graduate training on a case-by-
                                                                        application.
case basis where the supervising physician applicant is
enrolled in fellowship or other advanced training and it has               AUTHORITY NOTE: Promulgated in accordance with
been shown to the board's satisfaction that the applicant has           R.S. 37:1270, R.S. 37:1281, R.S. 37:1360.23, R.S. 37:1360.24.
completed all training relevant to his or her designated area              HISTORICAL NOTE: Promulgated by the Department of
of practice; and                                                        Health and Human Resources, Board of Medical Examiners, LR
                                                                        4:110 (April 1978), amended by the Department of Health and
    3. not be employed by or serve as an independent                    Hospitals, Board of Medical Examiners, LR 17:1103 (November
contractor to a physician assistant or be a party to any other

                                                                   41              Louisiana Administrative Code            June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

1991), LR 22:202 (March 1996), LR 25:29 (January 1999), LR            application form as a condition to consideration of an
30:238 (February 2004), LR 34:244 (February 2008).                    application.
§1510. Application for Registration as Supervising                      D. Prerequisite to consideration of an application for
       Physician; Procedure                                           locum tenens physician, the physician assistant sought to be
  A. A physician seeking to supervise a physician assistant,          supervised shall have at least one primary supervising
as either primary supervising physician or as locum tenens            physician registered with and approved by the board.
physician, shall first register with and be approved by the             E. An application completed to the satisfaction of the
board as a supervising physician for the physician assistant.         board may be deemed approved as of the date received by
Application for approval and registration as either a primary         the board, subject to final approval at the next board
supervising physician or locum tenens physician must be               meeting.
made in a format approved by the board and must include:
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
     1. a detailed description of the proposed supervising            37:1270(B)(6), 37:1360.23(D) and (F).
physician's professional background and specialty, if any;              HISTORICAL NOTE: Promulgated by the Department of
the nature and scope of his medical practice; the geographic          Health and Hospitals, Board of Medical Examiners, LR 22:202
and demographic characteristics of his medical practice; the          (March 1996), amended LR 25:29 (January 1999), LR 34:245
address or location of the primary office where the physician         (February 2008).
assistant is to practice and be supervised;                           §1511. Physician Assistant Advisory Committee
     2. a description of the way in which the physician                  A. The advisory committee shall be authorized to advise
assistant will be utilized as a physician assistant, and the          the board on all matters specifically dealing with licensing or
methods to be used by the proposed supervising physician to           disciplining of physician assistants or the drafting and
insure responsible direction and control of the activities of         promulgating of regulations relating to physician assistants.
the physician assistant;                                              The advisory committee shall also review and make
                                                                      recommendations to the board on applications for licensure
     3. a statement that the physician will exercise
                                                                      as physician assistants. The board shall not act on any matter
supervision over the physician assistant in accordance with
                                                                      relating to physician assistants without first consulting with
any rules and regulations adopted by the board and that the
                                                                      the advisory committee.
physician will retain professional responsibility for the
services provided by the physician assistant to any patient             B. The advisory committee shall meet not less than twice
for whose care, or aspect of care, the physician is                   each calendar year, or more frequently as may be deemed
responsible;                                                          necessary or appropriate by its chairman or a majority of the
                                                                      members of the advisory committee, which meetings shall
     4. certification of the truthfulness and authenticity of
                                                                      be at the call of and at such time and place as may be noticed
all information, representations and documents contained in
                                                                      by its chairman.
or submitted with the completed application;
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
    5. payment of a one-time fee of $75, of which the sum             37:1270(B)(6), 37:1360.23(D) and (F).
of $20 will represent a nonrefundable processing fee; and                HISTORICAL NOTE: Promulgated by the Department of
    6. such other information and documentation as the                Health and Human Resources, Board of Medical Examiners, LR
                                                                      4:110 (April 1978), amended by the Department of Health and
board may require; provided, however, that criminal history
                                                                      Hospitals, Board of Medical Examiners, LR 17:1103 (November
record information is not required for registration as a              1991), LR 22:203 (March 1996), LR 25:30 (January 1999).
supervising physician.
                                                                      §1513. Issuance of License; Registration of Prescriptive
  B. A physician seeking to supervise a physician assistant                  Authority; Working Permit; Updating
shall be required to appear before the board upon his                        Information
notification to the board of his intention to supervise a
physician assistant:                                                    A.1. If the qualifications, requirements and procedures
                                                                      of §§1507 and 1509 are met to the satisfaction of the board,
    1. upon a first notification to the board of the                  the board shall license the applicant as a physician assistant.
physician's intention to supervise a physician's assistant if
the board finds discrepancies in the physician's application;              2. If the qualifications, requirements and procedures
or                                                                    of §§1521 and 1525 are met to the satisfaction of the board,
                                                                      the board shall register the physician assistant's prescriptive
     2. if the physician has been the subject of prior                authority to the extent delegated by the supervising
adverse licensure, certification or registration action in any        physician.
jurisdiction.
                                                                         B. The board may grant a working permit (temporary
  C. The board may reject or refuse to consider any                   license), valid and effective for one year but renewable for
application which is not complete in every detail. The board          one additional year, to an applicant who otherwise meets the
may in its discretion require a more detailed or complete             qualifications for licensure, except that the applicant has not
response to any request for information set forth in the              yet taken or is awaiting the results of the national
                                                                      certification examination.

Louisiana Administrative Code                   June 2012        42
                                                          Title 46, Part XLV

  C. A working permit shall expire and become null and                  registered as a supervising physician or registered his
void on the date on which:                                              delegation of prescriptive authority to a physician assistant.
    1. the results of the applicant's national certifying                 D. Registration of a supervising physician's delegation of
examination are available, and the applicant has failed to              prescriptive authority shall be filed with and approved by the
pass such examination; or                                               board for each physician assistant that is to receive such
                                                                        authority. A supervising physician shall annually verify, on a
    2. the board takes final action on the applicant's
                                                                        form supplied by the board, the accuracy of such registration
application for licensure.
                                                                        information on file with the board.
  D. Every license or permit issued under this Chapter is                  AUTHORITY NOTE: Promulgated in accordance with R.S.
expressly subject to the terms, restrictions and limitations set        37:1270(B)(6), 37:1360.23(D) and (F), 37:1360.31(B)(8).
forth in the approved application.                                         HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Hospitals, Board of Medical Examiners, LR 22:203
  E. A working permit shall not qualify a physician
                                                                        (March 1996), amended LR 25:30 (January 1999), LR 31:75
assistant for registration of prescriptive authority.                   (January 2005).
  F. A physician assistant is responsible for updating the              §1515. Consent to Examination; Waiver of Privileges;
board within 15 days should any of the information required                    Examining Committee of Physicians
and submitted pursuant to §§1507, 1509, 1521, or 1525
change after the physician assistant has been licensed as a               A. An applicant or physician assistant shall, by applying
physician assistant or his registration of prescriptive                 for or accepting licensure under this Chapter, be deemed to
authority approved by the board.                                        have given his consent to submit to physical or mental
                                                                        examinations when so directed by the board and to waive all
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   objections as to the disclosure or admissibility of findings,
37:1270(B)(6), 37:1360.23(D)and (F), 37:1360.31(B)(8).                  reports, or recommendations pertaining thereto on the
  HISTORICAL NOTE: Promulgated by the Department of
                                                                        grounds of privileged communication or other personal
Health and Hospitals, Board of Medical Examiners, LR 4:110
(April 1978), amended by the Department of Health and Hospitals,        privileges provided by law.
Board of Medical Examiners, LR 17:1103 (November 1991), LR                 B. The board may appoint or designate an examining
22:203 (March 1996), LR 25:30 (January 1999), LR 31:74 (January         committee      of    physicians,    possessing    appropriate
2005).
                                                                        qualifications, to conduct physical and mental examinations
§1514. Issuance of Approval as Supervising Physician;                   of a physician assistant, to otherwise inquire into the
       Registration of Delegation of Prescriptive                       physician assistant's fitness and ability to provide services
       Authority; Updating/Verification of Information                  with reasonable skill and safety to patients, and to submit
   A.1. If all the qualifications, requirements and                     advisory reports and recommendations to the board, when
procedures of §§1508 and 1510 are met to the satisfaction of            the board has reasonable cause to believe that the fitness and
the board, the board shall approve and register a physician as          ability of such physician assistant are affected by mental
a supervising physician.                                                illness or deficiency or physical illness, including but not
                                                                        limited to deterioration through the aging process or the loss
     2. If all the qualifications, requirements and                     of motor skills, and/or excessive use or abuse of drugs,
procedures of §§1523 and 1527 are met to the satisfaction of            including alcohol.
the board, the board shall approve and register a supervising
                                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
physician's delegation of prescriptive authority to a                   37:1270(B)(6), 37:1360.23(D) and (F).
physician assistant.                                                       HISTORICAL NOTE: Promulgated by the Department of
  B. Although a physician must notify the board each time               Health and Human Resources, Board of Medical Examiners, LR
                                                                        4:111 (April 1978), amended by the Department of Health and
the physician intends to undertake the supervision of a
                                                                        Hospitals, Board of Medical Examiners, LR 17:1104 (November
physician assistant, registration as a supervising physician            1991), LR 22:203 (March 1996), LR 25:30 (January 1999).
with the board is only required once. Notification of
supervision of a new physician assistant by a registered                §1517. Expiration of Licensure; Renewals;
supervising physician shall be deemed given to the board                       Modification; Notification of Intent to Practice
upon the physician assistant's filing with the board a notice             A. Initial licensure shall expire as of the last day of the
of intent to practice in accordance with §1517 of this                  year in which such license was issued.
Chapter. The board shall maintain a list of physicians who
are registered to supervise physician assistants and those                B. Every license issued by the board under this Chapter
who have registered delegation of prescriptive authority to a           shall be renewed annually on or before the first day of the
physician assistant.                                                    month in which the licensee was born, by submitting to the
                                                                        board an application for renewal in a format approved by the
  C. Each registered physician is responsible for updating              board, together with:
the board within 15 days in the event any of the information
required and submitted in accordance with §§1508, 1510,                     1. satisfactory verification of current certification by
1523, and 1527 change after the physician has become                    the National Commission on Certificate of Physician
                                                                        Assistants;


                                                                   43             Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

     2. the applicable fee as provided in Chapter 1 of these            1991), LR 22:203 (March 1996), LR 24:1498 (August 1998), LR
rules; and                                                              25:31 (January 1999), LR 30:238 (February 2004), LR 34:245
                                                                        (February 2008).
    3. a list of all currently registered supervising
                                                                        §1519. Transfer of Certification
physicians (primary and locum tenens).
                                                                           A. A physician assistant previously certified by the board
   C. A physician assistant licensed in this state, prior to
                                                                        whose certification has terminated pursuant to §1517.D by
initiating practice, shall submit in a format approved by the
                                                                        virtue of the cessation or termination of an employment
board notification of such intent to practice. Such
                                                                        relationship with his or her approved supervising physician
notification may be deemed effective as of the date received
                                                                        may apply to the board for transfer of certification to a new
by the board, subject to final approval at the next board
                                                                        supervising physician pursuant to the provisions of this
meeting and shall include:
                                                                        Section.
     1. the name, business address, and telephone number
                                                                          B. Application for transfer of certification to a new
of the supervising physicians (primary and any locum tenens
                                                                        supervising physician shall include:
physicians);
                                                                             1. the information prescribed by §1510 hereof with
     2. the name, business address, and telephone number
                                                                        respect to the proposed new supervising physician, along
of the physician assistant; and
                                                                        with an application for registration of prescriptive authority
     3. certification that the physician assistant has notified         if such is to be delegated, in accordance with §§1525 and
all other primary supervising physicians of intent to practice          1527; and
with one or more additional supervising physician.
                                                                             2. a report from the applicant's current or former
   D. Licensure shall not terminate upon termination of a               supervising physician, if such physician is not deceased at
relationship between a physician assistant and a supervising            the time of the application, describing the circumstances
physician provided that:                                                under which the physician's assistant's employment
                                                                        relationship was, or is proposed to be, terminated.
    1. the physician assistant ceases to practice as a
physician assistant until such time as he enters into a                   C. If the requirements and procedures of this Section are
supervision relationship with another primary supervising               met to the satisfaction of the board, and the applicant and
physician registered with the board; and                                supervising physician demonstrate that the proposed new
                                                                        supervising physician satisfies the qualifications for
    2. the physician assistant notifies the board of any
                                                                        approval as a supervising physician prescribed by this
changes in or additions to his supervising physicians within
                                                                        Chapter, transfer of the applicant's certification to the
15 days of the date of such change or addition.
                                                                        proposed new supervising physician may be deemed
   E. The board may, in its discretion, at the time of and              approved as of the date the application for transfer is
upon application for renewal of licensure, require a review             received by the board, subject to final approval at the next
of the current accuracy of the information provided in the              board meeting.
approved application and of the physician assistant's
                                                                          D. Approval of transfer of certification shall not be
performance thereunder and may modify or restrict any
                                                                        deemed to qualify a physician assistant eligible for
licensure in accordance with the findings of such review.
                                                                        registration of prescriptive authority.
   F. A physician assistant may elect to have his license                  AUTHORITY NOTE: Promulgated in accordance with R.S.
placed on inactive status by the board by giving notice to the          37:1270(B)(6), 37:1360.23(D) and (F), 37:1360.31(B)(8).
board in writing, on forms prescribed by the board, of his                 HISTORICAL NOTE: Promulgated by the Department of
election of inactive status. A physician assistant whose                Health and Human Resources, Board of Medical Examiners, LR
license is on inactive status shall be excused from payment             4:111 (April 1978), amended by the Department of Health and
of renewal fees and shall not practice as a physician assistant         Hospitals, Board of Medical Examiners, LR 17:1104 (November
in the state of Louisiana. Any licensee who engages in                  1991), LR 31:75 (January 2005), LR 34:245 (February 2008).
practice while his or her license is on inactive status shall be        §1521. Qualifications for Physician Assistant
deemed to be engaged in practice without a license and shall                   Registration of Prescriptive Authority
be subject to administrative sanction under R.S. 37:1360.34
or to judicial injunction pursuant to R.S. 37:1360.37. A                  A. Legend Drugs/Medical Devices. To be eligible for
physician assistant on inactive status may be reinstated to             registration of prescriptive authority for legend drugs or
active status upon payment of the current renewal fees and              medical devices, or both, a physician assistant shall:
satisfaction of other applicable qualifications for renewal                1. satisfy the licensure requirements of §1507 of this
prescribed by §1517.B.                                                  Chapter;
   AUTHORITY NOTE: Promulgated in accordance with R.S.                      2. possess a current, unrestricted license to practice as
37:1270, 37:1281, 37:1360.23, 37:1360.24.                               a physician assistant duly issued by the board and not be the
   HISTORICAL NOTE: Promulgated by the Department of
                                                                        subject of a current investigation or pending disciplinary
Health and Human Resources, Board of Medical Examiners, LR
4:111 (April 1978), amended by the Department of Health and
                                                                        proceeding by the board;
Hospitals, Board of Medical Examiners, LR 17:1104 (November

Louisiana Administrative Code                     June 2012        44
                                                           Title 46, Part XLV

    3. have received authority to prescribe legend drugs                supervising physician with the Drug Enforcement
and/or medical devices to the extent delegated by a                     Administration, United States Department of Justice (DEA).
supervising physician;                                                  A physician assistant authorized to prescribe controlled
                                                                        substances shall provide the board photocopies of his
    4.   have completed:
                                                                        Louisiana permit and federal registration prior to prescribing
      a. a minimum of one year of clinical rotations                    controlled substances; and
during training and one year of practice under a supervising
                                                                             3. not be deemed ineligible for registration for any of
physician; or
                                                                        the causes set forth in §1521.C.
      b. a minimum of two years of practice under a
                                                                          C. A physician assistant shall be deemed ineligible for
supervising physician;
                                                                        registration of authority to prescribe controlled substances
     5. practice under supervision as specified in clinical             who:
practice guidelines or protocols that shall, at a minimum,
                                                                             1. has, within the five years preceding application for
include:
                                                                        registration, been convicted, whether upon verdict, judgment
       a. the methods to be employed by the supervising                 or plea of guilty or nolo contendere of any crime constituting
physician to insure supervision of the physician assistant's            a felony under the laws of the United States or of any state
prescriptive authority;                                                 or who has entered into a diversion program, a deferred
                                                                        prosecution or other agreement in lieu of the institution of
       b. the nature, types and classifications of
                                                                        criminal charges or prosecution for such crime;
medication and/or medical devices a physician assistant is
authorized to utilize by the supervising physician;                          2. has, within the five years preceding application for
                                                                        registration, been convicted, whether upon verdict, judgment
      c. a plan to accommodate immediate consultation
                                                                        or plea of guilty or nolo contendere of any crime, an element
by telephone or direct telecommunication with the                       of which is the manufacture, production, possession, use,
supervising physician, or in his absence an approved locum              distribution, sale or exchange of any controlled substance or
tenens physician, to address medical emergencies,
                                                                        who has entered into a diversion program, a deferred
complications and other such matters;
                                                                        prosecution or other agreement in lieu of the institution of
       d. a predetermined plan for emergency services,                  criminal charges or prosecution for such crime;
after-hours, weekend, and vacation coverage;                                 3. has, within the five years preceding application for
        e. a predetermined plan for patient referrals to other          registration, habitually used or abused any medication,
physicians, emergency rooms and admission to hospitals at               alcohol or other substance which can produce physiological
which the supervising physician holds privileges. Such plan             or psychological dependence or tolerance or which acts as a
shall include a statement that the physician assistant shall not        central nervous system stimulant or depressant;
seek privileges at any institution unless the supervising
                                                                             4. has had suspended, revoked or restricted, his
physician holds privileges at such institution;                         narcotics controlled substance permit, license, certificate or
       f. an acknowledgment of the mutual obligations                   registration (state or federal), or who has voluntarily
and responsibilities of the supervising physician and                   surrendered to such state or federal authority while under
physician assistant to comply with all requirements of §4511            investigation in lieu of the institution of disciplinary charges
of these rules including, but not limited to, the review and            or action against such authority;
countersigning of the physician assistant's written entry in
                                                                             5. has had his professional license suspended, revoked
the patient record of prescriptions for medication or medical           or placed on probation or restriction in any manner by the
devices; and                                                            board or by any licensing authority, or who has in the
       g. confirmation that the physician assistant shall not           presence of an investigation agreed not to seek re-licensure,
prescribe medication or medical devices if the supervising              voluntarily surrendered or entered into an agreement with
physician, or in his absence an approved locum tenens                   the board or with any licensing authority in lieu of the
physician, is neither physically present nor available by               institution of disciplinary charges or action against such
telephone or other telecommunication device.                            license;
  B. Controlled Substances. To be eligible for registration                  6. has, within the five years preceding the application
of prescriptive authority for controlled substances a                   for registration, been denied, had suspended, revoked,
physician assistant shall:                                              restricted or relinquished staff or clinical privileges at a
                                                                        hospital or other health care institution following a hearing
    1.   satisfy the requirements of §1521.A;                           or an opportunity for hearing, as a result of professional
    2. possess a current, unrestricted permit or license to             competency or conduct or who is currently the subject of an
prescribe controlled substances in Louisiana duly issued by             unresolved investigation by a hospital medical staff for
the Office of Narcotics and Dangerous Drugs, Department of              professional competency or conduct; or
Health and Hospitals, State of Louisiana or its successor, and               7. has failed his most recent attempt at passage of the
be currently registered to prescribe controlled substances              certification or recertification examination administered by
without restriction as to the schedules delegated by the

                                                                   45              Louisiana Administrative Code           June 2012
                                      PROFESSIONAL AND OCCUPATIONAL STANDARDS

the NCCPA and has yet to take or successfully pass such                  relationship with patients, his exercise of independent
examination on a subsequent attempt.                                     medical judgment and satisfaction of the obligations and
                                                                         responsibilities imposed by law and the board's rules on a
  D. The board may deny registration of prescriptive
                                                                         supervising physician; and
authority to an otherwise eligible physician assistant for any
of the causes enumerated by R.S. 37:1360.33, or any other                    4. not be deemed ineligible for registration to delegate
violation of the provisions of the Louisiana Physician                   authority to prescribe controlled substances for any of the
Assistant Practice Act, R.S. 37:1361.21 et seq. or its rules             causes set forth in §1523.C of this Chapter.
applicable to physician assistants.
                                                                           C. A physician shall be deemed ineligible for registration
  E. The burden of satisfying the board as to the eligibility            to delegate authority to prescribe controlled substances to a
of the applicant for approval of registration of prescriptive            physician assistant:
authority shall be upon the applicant. An applicant shall not
                                                                             1.   for any of the causes set forth in §1521.C.1-6; and
be deemed to possess such qualifications unless the
applicant demonstrates and evidences such qualifications in                   2. any of the causes enumerated by R.S. 37:1285A, or
the manner prescribed by and to the satisfaction of the board.           violation of any other provision of the Louisiana Medical
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         Practice Act, R.S. 37:1261 et seq. or the board's rules.
37:1270(B)(6), 37:1360.23(D)and (F), 37:1360.31(B)(8).                     D. The burden of satisfying the board as to the eligibility
   HISTORICAL NOTE: Promulgated by the Department of                     of a physician for registration to delegate prescriptive
Health and Hospitals, Board of Medical Examiners, LR 31:75
                                                                         authority to a physician assistant shall be upon the proposed
(January 2005).
                                                                         supervising physician. A physician shall not be deemed to
§1523. Qualifications of Supervising Physician for                       possess such qualifications unless the physician
       Registration of Delegation of Prescriptive                        demonstrates and evidences such qualifications in the
       Authority                                                         manner prescribed by and to the satisfaction of the board.
  A. Legend Drugs and Medical Devices. To be eligible for                   AUTHORITY NOTE: Promulgated in accordance with R.S.
approval of registration to delegate authority to prescribe              37:1270(B)(6), 37:1360.23(D)and (F), 37:1360.31(B)(8).
legend drugs or medical devices, or both, to a physician                    HISTORICAL NOTE: Promulgated by the Department of
assistant a supervising physician shall:                                 Health and Hospitals, Board of Medical Examiners, LR 31:76
                                                                         (January 2005).
    1.   satisfy the requirements of §1508;
                                                                         §1525. Physician Assistant Application for Registration
    2. not currently be enrolled in a medical residency or                      of Prescriptive Authority; Procedure
other postgraduate medical training program;
                                                                           A. Physician assistant application for registration of
     3. be actively engaged in clinical practice and the                 prescriptive authority shall be made upon forms supplied by
provision of patient care and provide supervision as defined             the board and shall include:
in §1503.A; and
                                                                              1. proof, documented in a form satisfactory to the
     4. have prepared and signed clinical practice                       board that the applicant possesses the qualifications for
guidelines or protocols that comply with §1521.A.5 of these              registration of prescriptive authority set forth in §1521 of
rules.                                                                   this Chapter;
  B. Controlled Substances. To be eligible for approval of                   2. confirmation that clinical practice guidelines or
registration to delegate authority to prescribe controlled               protocols conforming to §1521.A.5 have been signed by the
substances to a physician assistant a supervising physician              supervising physician and physician assistant;
shall:
                                                                             3. such other information and documentation as the
    1.   satisfy the requirements of §1523.A;                            board may require; and
    2. possess a current, unrestricted permit or license to                   4. certification of the truthfulness and authenticity of
prescribe controlled substances duly issued by the Office of             all information, representations and documents contained in
Narcotics and Dangerous Drugs, Department of Health and                  or submitted with the application.
Hospitals, State of Louisiana, and be currently registered to
                                                                           B. A personal interview of a physician assistant applicant
prescribe controlled substances, without restriction, with the
                                                                         for registration of prescriptive authority by a member of the
Drug Enforcement Administration, United States
                                                                         board or its designee may be required as a condition of
Department of Justice (DEA);
                                                                         registration for any of the reasons specified in §1509.B or
     3. not be employed by or serve as an independent                    for other good cause as determined by the board.
contractor to a physician assistant or be a party to any other
                                                                           C. The board may reject or refuse to consider any
or similar employment, contractual or financial relationship.
                                                                         application for registration of prescriptive authority that is
The board may, in its discretion, grant an exception to this
                                                                         not complete in every detail required by the board. The
requirement on a case-by-case basis where it has been shown
                                                                         board may in its discretion require a more detailed or
to its satisfaction that such relationship is structured so as to
                                                                         complete response to any request for information set forth in
prohibit interference or intrusion into the physician's

Louisiana Administrative Code                      June 2012        46
                                                           Title 46, Part XLV

the application form as a condition to consideration of an              assistant's prescriptive authority shall terminate and become
application.                                                            void, null and to no effect upon the earlier of:
   AUTHORITY NOTE: Promulgated in accordance with R.S.                      1. termination of the relationship between the
37:1270(B)(6), 37:1360.23(D)and (F), 37:1360.31(B)(8).                  physician assistant and supervising physician;
   HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 31:77                   2. notification to the board that the supervising
(January 2005).                                                         physician has withdrawn, cancelled or otherwise modified
§1527. Supervising Physician Application for                            the physician assistant's prescriptive authority;
       Registration of Delegation of Prescriptive                           3. a finding by the board of any of the causes that
       Authority; Procedure                                             would render a physician assistant ineligible for registration
  A. Physician application for approval and registration of             of prescriptive authority set forth in §1521.C or a
delegation of prescriptive authority to a physician assistant           supervising physician ineligible to delegate such authority
shall be made upon forms supplied by the board and shall                pursuant to §1523.C;
include:                                                                    4. a finding by the board that the physician assistant
     1. proof documented in a form satisfactory to the                  has violated the Louisiana Physician Assistant Practice Act,
board that the applicant possesses the qualifications set forth         R.S. 37:1360.21 et seq. or the board's rules;
in §1523 and this Chapter;                                                  5. a finding by the board that the supervising
    2. confirmation that the physician has delegated                    physician has violated the Louisiana Medical Practice Act,
prescriptive authority to the physician assistant and the               R.S. 37:1261 et seq. or the board's rules; or
nature, extent, and limits thereof;                                          6. expiration of a physician assistant's or supervising
    3. a description of the manner and circumstances in                 physician's license or registration of prescriptive authority
which the physician assistant has been authorized to utilize            for failure to timely renew/verify such license or registration.
prescriptive authority and the geographical location(s) where              B. A physician assistant's prescriptive authority is
such activities will be carried out;                                    personal to the individual physician assistant and supervising
    4. confirmation that clinical practice guidelines or                physician who delegated such authority and shall not be
protocols conforming to §1521.A.5 have been signed by the               transferred by notice of intent or otherwise, utilized by
supervising physician and physician assistant;                          anyone other than the physician assistant to whom delegated,
                                                                        or placed on inactive status.
    5. such other information and documentation as the
board may require; and                                                    C. Registration of prescriptive authority shall be renewed
                                                                        annually by a physician assistant by submitting to the board
     6. certification of the truthfulness and authenticity of           an application for renewal upon forms supplied by the board,
all information, representations and documents contained in             together with the supervising physician's verification of the
or submitted with the application.                                      accuracy of registration information on file with the board,
  B. A personal interview of a physician applicant for                  and confirmation of compliance with the continuing
registration of delegation of prescriptive authority by a               education requirements prescribed by §1529.D.
member of the board or its designee may be required as a                  D. Continuing Education. Every physician assistant
condition of registration for any of the reasons specified in           seeking renewal of registration of prescriptive authority
§1510.B or for other good cause as determined by the board.             shall:
  C. The board may reject or refuse to consider any                          1. obtain 100 hours of continuing medical education
application for registration of delegation of prescriptive              biannually, or such greater number of hours as may be
authority that is not complete in every detail required by the          required by the NCCPA, in courses qualifying for NCCPA
board. The board may in its discretion require a more                   certification or recertification; and
detailed or complete response to any request for information
set forth in the application form as a condition to                         2. pass the pharmacology/pharmacotherapeutic and all
consideration of an application.                                        other segments of the NCCPA recertification examination
                                                                        every six years, or at such other intervals as the NCCPA may
   AUTHORITY NOTE: Promulgated in accordance with R.S.                  require, to maintain current NCCPA certification.
37:1270(B)(6), 37:1360.23(D) and (F), 37:1360.31(B)(8).
   HISTORICAL NOTE: Promulgated by the Department of                       E. A physician assistant shall maintain a record of
Health and Hospitals, Board of Medical Examiners, LR 31:77              certificate of attendance for at least four years from the date
(January 2005).                                                         of completion of the continuing education activity. Such
§1529. Expiration of Registration of Prescriptive                       record shall be made available to the board within 30 days of
       Authority; Renewal; Continuing Education                         its request.

   A. Registration of prescriptive authority shall not be                 AUTHORITY NOTE: Promulgated in accordance with R.S.
effective until the physician assistant receives notification of        37:1270(B)(6), 37:1360.23(D) and (F), 37:1360.31(B)(8).
approval from the board. Such registration and the physician

                                                                   47              Louisiana Administrative Code           June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

   HISTORICAL NOTE: Promulgated by the Department of                      Louisiana Occupational Therapy Practice Act or the
Health and Hospitals, Board of Medical Examiners, LR 31:77            Act―R.S. 39:3001-3014 as hereafter amended or
(January 2005).                                                       supplemented.
  Chapter 19. Occupational Therapists                                    NBCOT―National Board              for   Certification    in
  and Occupational Therapy Assistants                                 Occupational Therapy, Inc.
                                                                          Occupational Therapist―a person who is licensed to
     Subchapter A. General Provisions                                 practice occupational therapy, as defined in this Chapter, and
§1901. Scope of Chapter                                               whose license is in good standing.
   A. The rules of this Chapter govern the licensing of                    Occupational Therapy―the application of any activity
occupational therapists and occupational therapy assistants           in which one engages for the purposes of evaluation,
to engage in the practice of occupational therapy in the state        interpretation, treatment planning, and treatment of problems
of Louisiana.                                                         interfering with functional performance in persons impaired
                                                                      by physical illness or injury, emotional disorders, congenital
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 or developmental disabilities, or the aging process, in order
37:3001-3014 and 37:1270(B)(6).
                                                                      to achieve optimum functioning and prevention and health
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR            maintenance. The occupational therapist may enter a case for
12:767 (November 1986).                                               the purposes of providing consultation and indirect services
                                                                      and evaluating an individual for the need of services.
§1903. Definitions
                                                                      Implementation of direct occupational therapy to individuals
  A. As used in this Chapter the following terms shall have           for their specific medical condition or conditions shall be
the meanings specified.                                               based on a referral or order from a physician licensed to
                                                                      practice in the state of Louisiana. Practice shall be in
     Applicant―a person who has applied to the board for a            accordance with published standards of practice established
license to engage in the practice of occupational therapy in          by the American Occupational Therapy Association, Inc.
the state of Louisiana.                                               (AOTA), and the essentials of accreditation established by
     Application―a written request directed to and received           the agencies recognized to accredit specific facilities and
by the board, upon forms supplied by the board, for a license         programs. Specific occupational therapy services include,
to practice occupational therapy in the state of Louisiana,           but are not limited to, activities of daily living (ADL); the
together with all information, certificates, documents, and           design, fabrication, and application of prescribed temporary
other materials required by the board to be submitted with            splints; sensorimotor activities; the use of specifically
such forms.                                                           designed crafts; guidance in the selection and use of adaptive
                                                                      equipment; therapeutic activities to enhance functional
    Association―the Louisiana           Occupational   Therapy        performance; pre-vocational evaluation and training and
Association, Inc. (LOTA).                                             consultation concerning the adaptation of physical
   Board―the        Louisiana   State     Board   of   Medical        environments for the handicapped. These services are
Examiners.                                                            provided to individuals or groups through medical, health,
                                                                      educational, and social systems. Occupational therapy shall
   Department―the Louisiana Department of Health and                  not include the administration of massages by employees of
Hospitals.                                                            the Hot Wells Health Resort.
     Good Moral Character―as applied to an applicant                       Occupational Therapy Assistant―a person who is
means that the applicant has not, prior to or during the              licensed to assist in the practice of occupational therapy
pendency of an application to the board, been guilty of any           under the supervision of, and in activity programs with the
act, omission, condition, or circumstance which would                 consultation of, an occupational therapist licensed under this
provide legal cause under R.S. 37:3011 for the suspension or          Chapter.
revocation of occupational therapy licensure; the applicant
has not, prior to or in connection with his application, made             Person―any individual, partnership, incorporated
any representation to the board, knowingly or unknowingly,            association, or corporate body, except that only an individual
which is in fact false or misleading as to a material fact or         may be licensed under this Chapter.
omits to state any fact or matter that is material to the               AUTHORITY NOTE: Promulgated in accordance with R.S.
application; and the applicant has not made any                       37:3001-3014 and R.S. 37:1270(B)(6).
representation or failed to make a representation or engaged            HISTORICAL NOTE: Promulgated by the Department of
in any act or omission which is false, deceptive, fraudulent,         Health and Human Resources, Board of Medical Examiners, LR
or misleading in achieving or obtaining any of the                    12:767 (November 1986), amended by the Department of Health
qualifications for a license required by this Chapter.                and Hospitals, Board of Medical Examiners, LR 30:422 (March
                                                                      2004).
     License―the lawful authority to engage in the practice
of occupational therapy in the state of Louisiana, as
evidenced by a certificate duly issued by and under the
official seal of the board.

Louisiana Administrative Code                     June 2012      48
                                                          Title 46, Part XLV

                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
      Subchapter B. Qualifications for                                  37:3001-3014 and 37:1270(B)(6).
                 License                                                  HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Human Resources, Board of Medical Examiners, LR
§1905. Scope of Subchapter                                              12:767 (November 1986), amended by the Department of Health
                                                                        and Hospitals, Board of Medical Examiners, LR 30:422 (March
  A. The rules of this Subchapter govern the licensing of
                                                                        2004).
occupational therapists and occupational therapy assistants
who in order to practice occupational therapy or hold                   §1909. Waiver of Examination Requirements for
themselves out as an occupational therapist or an                              Licensure
occupational therapy assistant, or as being able to practice               A. The board may waive the examination and grant a
occupational therapy or to render occupational therapy                  license to any applicant who presents proof of current
services in the state of Louisiana must meet all of the criteria        licensure as an occupational therapist or occupational
set forth in the Subchapter.                                            therapy assistant in another state, the District of Columbia,
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   or a territory of the United States which requires standards
37:3001-3014 and 37:1270(B)(6).                                         for licensure considered by the board to be equivalent to the
  HISTORICAL NOTE: Promulgated by the Department of                     requirements for licensure of this Chapter, provided that
Health and Human Resources, Board of Medical Examiners, LR              such state, district, or territory accords similar privileges of
12:767 (November 1986).                                                 licensure without examination to holders of a license under
§1907. Qualifications for License                                       this Chapter.
  A. To be eligible for a license, an applicant shall:                    AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:3001-3014 and 37:1270(B)(6).
    1.   be of good moral character as defined by §1903;                  HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Human Resources, Board of Medical Examiners, LR
     2. be a citizen of the United States or possess valid
                                                                        12:767 (November 1986).
and current legal authority to reside and work in the United
States duly issued by the commissioner of the Immigration                         Subchapter C. Application
and Naturalization Service of the United States under and
pursuant to the Immigration and Nationality Act (66 Stat.               §1911. Purpose and Scope
163) and the commissioner's regulations thereunder                         A. The rules of this Subchapter govern the procedures
(8 CFR);                                                                and requirements applicable to application to the board for
    3. have successfully completed the academic and                     licensing as an occupational therapist or an occupational
supervised field work experience requirements to sit for the            therapy assistant in the state of Louisiana.
"Certification Examination for Occupational Therapist,                    AUTHORITY NOTE: Promulgated in accordance with R.S.
Registered" or the "Certification Examination for                       37:3001-3014 and 37:1270(B)(6).
Occupational Therapy Assistant" as administered for or by                 HISTORICAL NOTE: Promulgated by the Department of
the NBCOT or such other certifying entity as may be                     Health and Human Resources, Board of Medical Examiners, LR
approved by the board;                                                  12:767 (November 1986).
                                                                        §1913. Application Procedure
    4. make written application to the board for review of
proof of his current certification by the NBCOT on a form                 A. Application for licensing shall be made upon forms
and in such a manner as prescribed by the board;                        supplied by the board.
    5. file a written application for licensure on a form                 B. If application is made for licensing on the basis of
provided by the board;                                                  examination an application must be received by the board on
                                                                        or before November 30 if the applicant intends to sit for the
    6. have taken and successfully passed the licensing
                                                                        January administration of the examination, or on or before
examination required by the board in accordance with Sub
                                                                        May 30 if the applicant intends to sit for the July
Chapter D of this Chapter.
                                                                        administration of the examination.
  B. The burden of satisfying the board as to the
                                                                           C. Where waiver of the examination requirement is
qualifications and eligibility of the applicant for licensure
                                                                        allowed under §1909, application for licensing may be made
shall be upon the applicant. An applicant shall not be
                                                                        at any time.
deemed to possess such qualifications unless the applicant
demonstrates and evidences such qualifications in the                     D. Application forms and instructions pertaining thereto
manner prescribed by, and to the satisfaction of, the board.            may be obtained upon written request directed to the office
                                                                        of the secretary-treasurer of the board, Suite 100, 830 Union
  C. In addition to the substantive qualifications specified
                                                                        Street, New Orleans, LA 70112. Application forms will be
in §1907.A, to be eligible for a license, an applicant shall
                                                                        mailed by the board within 30 days of the board's receipt of
satisfy the procedures and requirements for application
                                                                        request therefor. To ensure timely filing and completion of
provided by §§1911 to 1955 of this Chapter and the
                                                                        application, forms must be requested not later than 40 days
procedures and requirements for examination provided by
                                                                        prior to the deadlines for initial application specified in
§§1917 to 1935 of this Chapter.
                                                                        §1913.C.

                                                                   49              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  E. An application for licensing under this Chapter shall                B. By submission of an application for licensing to the
include:                                                               board, an applicant shall be deemed to have given his
                                                                       consent to submit to physical or mental examinations if,
    1. proof, documented in a form satisfactory to the
                                                                       when, and in the manner so directed by the board and to
board as specified by the secretary, that the applicant
                                                                       waive all objections as to the admissibility or disclosure of
possesses the qualifications set forth in this Chapter;
                                                                       findings, reports, or recommendations pertaining thereto on
    2.   three recent photographs of the applicant; and                the grounds of privileges provided by law. The expense of
                                                                       any such examination shall be borne by the applicant.
    3. such other information and documentation as the
board may require to evidence qualification for licensing.                C. The submission of an application for licensing to the
                                                                       board shall constitute and operate as an authorization and
  F. All documents required to be presented to the board               consent by the applicant to the board to disclose and release
or its designee must be the original thereof. For good cause
                                                                       any information or documentation set forth in or submitted
shown, the board may waive or modify this requirement.
                                                                       with the applicant's application or obtained by the board
  G. The board may refuse to consider any application                  from other persons, firms, corporations, associations, or
which is not complete in every detail, including submission            governmental entities pursuant to §1915.A or B to any
of every document required by the application form. The                person, firm, corporation, association, or governmental
board may, in its discretion require a more detailed or                entity having a lawful, legitimate, and reasonable need
complete response to any request for information set forth in          therefor, including, without limitation, the occupational
the application form as a condition to consideration of an             therapy licensing authority of any state; the Federation of
application.                                                           State Medical Boards of the United States; the AOTA; and
                                                                       any component state and county or parish medical society,
  H. Each application submitted to the board shall be                  including the Louisiana Occupational Therapy Association
accompanied by the applicable fee, as provided in Chapter 1            (LOTA); the Louisiana Department of Health and Human
of these rules.                                                        Resources; Federal, state, county or parish, and municipal
  I. Upon submission of or concurrently with submission                health and law enforcement agencies and the Armed
of a completed application, an applicant shall, by                     Services.
appointment, make a personal appearance before the board,                AUTHORITY NOTE: Promulgated in accordance with R.S.
or its designee, as a condition to the board's consideration of        37:3001-3014 and 37:1270(B)(6).
such application.                                                        HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Human Resources, Board of Medical Examiners, LR
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       12:767 (November 1986).
37:3001-3014 and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                             Subchapter D. Examination
Health and Human Resources, Board of Medical Examiners, LR
12:767 (November 1986), amended by the Department of Health            §1917. Designation of Examination
and Hospitals, Board of Medical Examiners, LR 30:237 (February
2004).                                                                   A. For purposes of licensure, the board shall use the
                                                                       examination administered by or on behalf of the NBCOT or
§1915. Effect of Application
                                                                       such other certifying entity as the board may subsequently
   A. The submission of an application for licensing to the            approve.
board shall constitute and operate as an authorization by the
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
applicant to each educational institution at which the                 37:3001-3014 and 37:1270(B)(6).
applicant has matriculated, each state or federal agency to              HISTORICAL NOTE: Promulgated by the Department of
which the applicant has applied for any license, permit,               Health and Human Resources, Board of Medical Examiners, LR
certificate, or registration, each person, firm, corporation,          12:767 (November 1986), amended by the Department of Health
clinic, office, or institution by whom or with whom the                and Hospitals, Board of Medical Examiners, LR 30:422 (March
applicant has been employed in the practice of occupational            2004).
therapy, each physician or other health care practitioner              §1919. Eligibility for Examination
whom the applicant has consulted or seen for diagnosis or
treatment and each professional organization to which the                 A. To be eligible for examination an applicant for
applicant has applied for membership, to disclose and                  licensure must make application to the NBCOT or its
release to the board any and all information and                       designated contract testing agency in accordance with
documentation concerning the applicant which the board                 procedures and requirements of NBCOT. Information on the
deems material to consideration of the application. With               examination process, including fee schedules and application
respect to any such information or documentation, the                  deadlines, must be obtained by each applicant from the
submission of an application for licensing to the board shall          NBCOT. Application for licensure under §1913 does not
equally constitute and operate as a consent by the applicant           constitute application for examination.
to disclosure and release of such information and                        AUTHORITY NOTE: Promulgated in accordance with R.S.
documentation and as a waiver by the applicant of any                  37:3001-3014 and 37:1270(B)(6).
privilege or right of confidentiality which the applicant                HISTORICAL NOTE: Promulgated by the Department of
would otherwise possess with respect thereto.                          Health and Human Resources, Board of Medical Examiners, LR

Louisiana Administrative Code                    June 2012        50
                                                           Title 46, Part XLV

12:767 (November 1986), amended by the Department of Health                  3. reproducing or reconstructing, by copying,
and Hospitals, Board of Medical Examiners, LR 30:422 (March             duplication, written notes, or electronic recording, any
2004).                                                                  portion of the licensing examination;
§1921. Dates, Places of Examination
                                                                            4. selling, distributing, buying, receiving, obtaining,
  A. The dates on which and places where the NBCOT                      or having unauthorized possession of a future, current, or
certification examination for occupational therapists and               previously administered licensing examination;
occupational therapy assistants are given are scheduled by
                                                                             5. communicating in any manner with any other
the NBCOT.
                                                                        examinee or any other person during the administration of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   the examination;
37:3001-3014 and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                         6. copying answers from another examinee or
Health and Human Resources, Board of Medical Examiners, LR              permitting one's answers to be copied by another examinee
12:767 (November 1986), amended by the Department of Health             during the administration of the examination;
and Hospitals, Board of Medical Examiners, LR 30:422 (March
2004).                                                                      7. having in one's possession during the
                                                                        administration of the examination any materials or objects
§1923. Observance of Examination                                        other than the examination materials distributed, including,
  A. The NBCOT examination may be observed by a                         without limitation, any books, notes, recording devices, or
representative appointed by the board. The representative is            other written, printed, or recorded materials or data of any
authorized and directed by the board to obtain positive                 kind;
photographic identification from all applicants for licensure
                                                                            8. impersonating an examinee by appearing for and as
appearing and properly registered for the examination and to
                                                                        an applicant and taking the examination for, as and in the
observe that all applicants for licensure abide by the rules of
                                                                        name of an applicant other than himself;
conduct established by the NBCOT.
                                                                            9. permitting another person to appear for and take the
  B. An applicant       for   licensure   who    appears    for         examination on one's behalf and in one's name; or
examination shall:
                                                                            10. engaging in any conduct which disrupts the
     1. present to the board's representative proof of
                                                                        examination or the taking thereof by other examinees.
registration for the examination and positive personal
photographic and other identification in the form prescribed              AUTHORITY NOTE: Promulgated in accordance with R.S.
by the board; and                                                       37:3001-3014 and 37:1270(B)(6).
                                                                          HISTORICAL NOTE: Promulgated by the Department of
    2. fully and promptly comply with any and all rules,                Health and Human Resources, Board of Medical Examiners, LR
procedures, instructions, directions, or requests made or               12:767 (November 1986), amended by the Department of Health
prescribed by the NBCOT or its contract testing agency.                 and Hospitals, Board of Medical Examiners, LR 30:423 (March
                                                                        2004).
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3001-3014 and 37:1270(B)(6).                                         §1927. Finding of Subversion
  HISTORICAL NOTE: Promulgated by the Department of                       A. When, during the administration of examination the
Health and Human Resources, Board of Medical Examiners, LR
                                                                        board's representative, has reasonable cause to believe that
12:767 (November 1986), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 30:422 (March             an applicant-examinee is engaging or attempting to engage,
2004).                                                                  or has engaged or attempted to engage, in conduct which
                                                                        subverts or undermines the integrity of the examination
§1925. Subversion of Examination Process                                process, the board's representative shall take such action as
   A. An applicant-examinee who engages or attempts to                  he deems necessary or appropriate to terminate such conduct
engage in conduct which subverts or undermines the                      and shall report such conduct in writing to the board and the
integrity of the examination process shall be subject to the            NBCOT.
sanctions specified in §1929 of this Subchapter.
                                                                           B. When the board, upon information provided by the
  B. Conduct which subverts or undermines the integrity                 board's representative, the NBCOT or its contract testing
of the examination process shall be deemed to include:                  agency, an applicant-examinee or any other person, has
                                                                        probable cause to believe that an applicant has engaged or
     1. refusing or failing to fully and promptly comply                attempted to engage in conduct which subverts or
with any rules, procedures, instructions, directions, or                undermines the integrity of the examination process, the
requests made or prescribed by the NBCOT or its contract                board shall so advise the applicant in writing, setting forth
testing agency, or the board's representative;                          the grounds for its finding of probable cause, specifying the
     2. removing from the examination room or rooms any                 sanctions which are mandated or permitted for such conduct
of the examination materials;                                           by §1929 of this Subchapter and provide the applicant with
                                                                        an opportunity for hearing pursuant to the board's rules.
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:3001-3014 and 37:1270(B)(6).

                                                                   51             Louisiana Administrative Code         June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  HISTORICAL NOTE: Promulgated by the Department of                      HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR             Health and Human Resources, Board of Medical Examiners, LR
12:767 (November 1986), amended by the Department of Health            12:767 (November 1986), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 30:423 (March            and Hospitals, Board of Medical Examiners, LR 30:423 (March
2004).                                                                 2004).
§1929. Sanctions for Subversion of Examination                         §1935. Restriction, Limitation on Examinations
  A. An applicant who is found by the board, prior to the                A. An applicant having failed to attain a passing score
administration of the examination, to have engaged in                  upon taking the examination four times shall not thereafter
conduct or to have attempted to engage in conduct which                be considered for licensing and shall not be eligible to take
subverts or undermines the integrity of the examination                the examination again for purposes of licensure.
process may be permanently disqualified from taking the
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
examination for purposes of licensure and from obtaining               37:3001-3014 and 37:1270(B)(6).
occupational therapy licensure in the state of Louisiana.                HISTORICAL NOTE: Promulgated by the Department of
  B. An applicant-examinee who is found by the board to                Health and Human Resources, Board of Medical Examiners, LR
                                                                       12:767 (November 1986).
have engaged or to have attempted to engage in conduct
which subverts or undermines the integrity of the                          Subchapter E. Temporary License
examination process shall be deemed to have failed the
examination for purposes of licensure. Such failure shall be           §1937. Temporary License in General
recorded in the official records of the board.                            A. With respect to applicants who do not meet or possess
  C. In addition to the sanctions permitted or mandated by             all of the qualifications and requirements for licensing, the
§1929.A and B, as to an applicant-examinee found by the                board may, in its discretion, issue such temporary licenses as
board to have engaged or to have attempted to engage in                are, in its judgment, necessary or appropriate to its
conduct which subverts or undermines the integrity of the              responsibilities under law.
examining process, the board may:                                         B. A temporary license entitles the holder to engage in
    1. revoke, suspend, or impose probationary conditions              the practice of occupational therapy in the state of Louisiana
on any license issued to such applicant;                               only for the period of time specified by such license and
                                                                       creates no right or entitlement to licensing or renewal of the
     2. disqualify the applicant, permanently or for a                 license after its expiration.
specified period of time, from eligibility for licensure in the
state of Louisiana; or                                                   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:3001-3014 and 37:1270(B)(6).
     3. disqualify the applicant, permanently or for a                   HISTORICAL NOTE: Promulgated by the Department of
specified number of subsequent administrations of the                  Health and Human Resources, Board of Medical Examiners, LR
examination, from eligibility for examination for purposes of          12:767 (November 1986).
licensure.                                                             §1939. License Pending Examination
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    A. The board shall issue a temporary license to practice
37:3001-3014 and 37:1270(B)(6).                                        occupational therapy to an applicant who has completed the
  HISTORICAL NOTE: Promulgated by the Department of                    academic and supervised field work experience requirements
Health and Human Resources, Board of Medical Examiners, LR             specified under §1907 of this Chapter and has applied for
12:767 (November 1986).
                                                                       and is waiting examination. The temporary license shall be
§1931. Passing Score                                                   valid until the date on which results of the qualifying
  A. The board shall use the criteria for satisfactory                 examination have been known to and acted upon by the
performance on the exam adopted by the NBCOT.                          board.

  AUTHORITY NOTE: Promulgated in accordance with R.S.                     B. An occupational therapist or occupational therapy
37:3001-3014 and 37:1270(B)(6).                                        assistant holding a temporary license issued under this
  HISTORICAL NOTE: Promulgated by the Department of                    Section may practice occupational therapy only under the
Health and Human Resources, Board of Medical Examiners, LR             direction of an occupational therapist licensed by the board,
12:767 (November 1986), amended by the Department of Health            who shall provide such on premises, close supervision of
and Hospitals, Board of Medical Examiners, LR 30:423 (March            and instruction to the temporary license holder as is adequate
2004).                                                                 to ensure the safety and welfare of patients. The direction
§1933. Reporting of Examination Score                                  and supervision required with respect to an occupational
                                                                       therapist (but not an occupational therapy assistant) holding
  A. Applicants for licensure shall request the NBCOT to
                                                                       a temporary license under this Section shall be deemed to be
notify the board of successful completion of the examination
                                                                       satisfied by on-premises direction and immediate
according to procedures for such notification established by
                                                                       supervision by a licensed occupational therapist for not less
NBCOT.
                                                                       than two hours each week.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3001-3014 and 37:1270(B)(6).


Louisiana Administrative Code                    June 2012        52
                                                         Title 46, Part XLV

  C. A temporary license issued under this Section shall                C. The board may, in its discretion, extend or renew, for
expire, and thereby become null, void, and to no effect, on           one or more additional 90-day periods, a provisional
the earliest of any date that:                                        temporary permit issued hereunder which has expired
                                                                      pursuant to §1940.B.1, in favor of an applicant who holds a
     1. the board gives written notice to the license holder
                                                                      provisional temporary permit issued under this Section and
that he has failed to achieve a passing score on the licensing
                                                                      who has filed a petition for H-1 or equivalent visa with the
examination;
                                                                      INS, but whose pending petition has not yet been acted on
    2. the board gives written notice to the license holder           by the INS within 90 days from issuance of such provisional
pursuant to §1927.B that it has probable cause to believe that        temporary permit.
he has engaged or attempted to engage in conduct which                  AUTHORITY NOTE: Promulgated in accordance with R.S.
subverted or undermined the integrity of the examination              37:3001-3014 and 37:1270(B)(6).
process;                                                                HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 19:1144
     3. the license holder is issued a license pursuant to
                                                                      (September 1993).
§1943 or another type of license as provided for by §1941 of
this Chapter; or                                                      §1941. License Pending Reexamination

     4. the holder of a license issued under this Section                A. An applicant who possesses all of the qualifications
fails to appear for and take the licensing examination for            for licensing prescribed by §1907 of this Chapter, save for
which he has registered.                                              §1907.A.6, who has once failed the licensing examination
                                                                      required by the board, or who has once failed to take the
  D. This temporary license shall be renewable only once              licensing examination and who has applied to the board and
as provided by §1941 if the applicant has not passed the              completed all requirements for examination at the next
examination or if the applicant has failed to take the                scheduled date thereof shall be issued a temporary license to
examination. Exceptions to the one extension rule can be              be effective pending the applicant's taking of the next
given at the discretion of the board upon a request                   scheduled occupational therapy licensing examination and
identifying extenuating circumstances.                                the reporting of the applicant's scores thereon to the board.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    B. An occupational therapist or occupational therapy
37:3001-3014 and 37:1270(B)(6).
                                                                      assistant holding a temporary license issued under this
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR            Section may practice occupational therapy only under the
12:767 (November 1986), amended by the Department of Health           direction of an occupational therapist license by the board,
and Hospitals, Board of Medical Examiners, LR 14:351 (June            who shall provide such on premises, close supervision of
1988).                                                                and instruction to the temporary license holder as is adequate
§1940. Provisional Temporary Permit Pending                           to ensure the safety and welfare of patients. The direction
       Application for Visa                                           and supervision required with respect to an occupational
                                                                      therapist (but not an occupational therapy assistant) holding
   A. The board may issue a provisional temporary permit              a temporary license under this Section shall be deemed to be
to an applicant for any license or permit provided for by             satisfied by on-premises direction and immediate
these rules who is otherwise completely qualified for such            supervision by a licensed occupational therapist for not less
license or permit, save for possessing an H-1 or equivalent           than two hours each week.
visa as may be required by these rules, provided that the
applicant has completed all applicable requirements and                 C. A temporary license issued under this Section shall
procedures for issuance of a license or permit and is eligible        expire, and thereby become null, void, and to no effect on
for an H-1 or equivalent visa under rules and regulations             the earliest of any date that:
promulgated by the United States Immigration and                           1. the board gives written notice to the license holder
Naturalization Service (INS).                                         that he has failed to achieve a passing score on his second
  B. A provisional temporary permit issued under this                 taking of the licensing examination;
Section shall be of the same type and scope, and subject to                2. the board gives written notice to the license holder
the same terms and restrictions, as the license or permit             pursuant to §1927.B that is has probable cause to believe
applied for, provided, however, that a provisional temporary          that he has engaged or attempted to engage in conduct which
permit issued under this Section shall expire, and become             subverted or undermined the integrity of the examination
null and void, on the earlier of:                                     process; or
    1.   90 days from the date of issuance of such permit;                 3. the holder of a license issued under this Section
    2. 10 days following the date on which the applicant              fails to appear for and take the licensing examination for
receives notice of INS action granting or denying the                 which he has registered.
applicant's petition for an H-1 or equivalent visa; or                  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      37:3001-3014 and 37:1270(B)(6).
     3. the date on which the board gives notice to the                 HISTORICAL NOTE: Promulgated by the Department of
applicant of its final action granting or denying issuance of         Health and Human Resources, Board of Medical Examiners, LR
the license or permit applied for.

                                                                 53             Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

12:767 (November 1986), amended by the Department of Health            following year on the first day of the month in which the
and Hospitals, Board of Medical Examiners, LR 14:351 (June             licensee was born.
1988).
                                                                         C. The timely submission of an application for renewal
§1942. Permit Pending Appearance before Board
                                                                       of a license shall operate to continue the expiring license in
   A. The board may issue a temporary permit to an                     full force and effect pending issuance of the renewal license.
applicant for licensure as an occupational therapist or
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
occupational therapy assistant who possesses and meets, and            37:3001-3014 and 37:1270(B)(6).
has evidenced satisfaction of, all of the qualifications and             HISTORICAL NOTE: Promulgated by the Department of
requirements for licensure provided by this Chapter save for           Health and Human Resources, Board of Medical Examiners, LR
having made a personal appearance before the board, or its             12:767 (November 1986), amended by the Department of Health
designee, as provided by §1913 of this Chapter. A temporary            and Hospitals, Board of Medical Examiners, LR 24:1499 (August
permit issued under this Section shall be valid and effective          1998).
for not longer than 60 days from the date on which it is               §1947. Renewal of License
issued and shall expire, and thereby become null, void, and
to no effect, on the date that the board takes formal action to          A. Every license issued by the board under this
grant or deny the applicant's application for permanent                Subchapter shall be renewed annually on or before its date
licensure.                                                             of expiration by submitting to the board an application for
                                                                       renewal upon forms supplied by the board, together with the
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  renewal fee prescribed in Chapter 1 of these rules and
37:3001-3014 and 37:1270(B)(6).                                        documentation of satisfaction of the continuing professional
  HISTORICAL NOTE: Promulgated by the Department of
                                                                       education requirements prescribed by Subchapter H of these
Health and Hospitals, Board of Medical Examiners, LR 19:340
(March 1993).
                                                                       rules.
                                                                          B. Notwithstanding the provisions of §1947.A, every
      Subchapter F. License Issuance,                                  license issued by the board under this Subchapter to be
        Termination, Renewal and                                       effective on or after January 1, 1999, shall be renewed in the
             Reinstatement                                             year 2000, and each year thereafter, on or before the first day
                                                                       of the month in which the licensee was born. Renewal fees
§1943. Issuance of License                                             shall be prorated if the license is to be effective for more
  A. If the qualifications, requirements, and procedures               than one year.
prescribed or incorporated by §§1907 to 1909 are met to the               C. An application for renewal of license form shall be
satisfaction of the board, the board shall issue to the                mailed by the board to each person holding a license at least
applicant a license to engage in the practice of occupational          30 days prior to the expiration date of the license each year.
therapy in the state of Louisiana upon payment of the license          Such form shall be mailed to the most recent address of each
fees set forth in Chapter 81 of the board's rules.                     licensee as reflected in the official records of the board.
   B. A license issued under §1907 of this Chapter shall be              D. The renewal of a license which has expired for 60
issued by the board within 30 days, following the reporting            days or less may be renewed by submitting to the board an
of the applicant's licensing examination score to the board. A         application for renewal upon forms supplied by the board
license issued under any other Section of this Chapter shall           together with the late renewal fee prescribed in Chapter 81
be issued by the board within 15 days following the meeting            of these rules.
of the board next following the date on which the applicant's
application, evidencing all requisite qualifications, is                 E. Current registration or certification is not a
completed in every respect.                                            prerequisite to renewal of a license to practice as an
                                                                       occupational therapist or occupational therapy assistant.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3001-3014 and 37:1270(B)(6).                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Department of                    37:3001-3014 and 37:1270(B)(6).
Health and Human Resources, Board of Medical Examiners, LR               HISTORICAL NOTE: Promulgated by the Department of
12:767 (November 1986).                                                Health and Human Resources, Board of Medical Examiners, LR
                                                                       12:767 (November 1986), amended by the Department of Health
§1945. Expiration of License                                           and Hospitals, Board of Medical Examiners, LR 20:1003
   A. Every license issued by the board under this Chapter,            (September 1994), LR 24:1499 (August 1998), LR 30:237
                                                                       (February 2004), amended LR 30:423 (March 2004).
the expiration date of which is not stated thereon or provided
by these rules, shall expire, and thereby become null, void,           §1949. Reinstatement of License
and to no effect, on the last day of the year in which such              A. A license which has expired may be reinstated by the
license was issued.                                                    board subject to the conditions and procedures hereinafter
   B. Notwithstanding the provisions of §1945.A, every                 provided.
license issued by the board under this Chapter to be effective           B. An application for reinstatement shall be made upon
on or after January 1, 1999, and each year thereafter, shall           forms supplied by the board and accompanied by two letters
expire, and thereby become null, void and to no effect the             of character recommendation, one from a reputable

Louisiana Administrative Code                    June 2012        54
                                                           Title 46, Part XLV

physician and one from a reputable occupational therapist of                 2. being guilty of unprofessional conduct, as defined
the former licensee's last professional location, together with         by policies established by the board, or violating the code of
the applicable late renewal and reinstatement fees prescribed           ethics adopted and published by the AOTA;
in Chapter 1 of these rules.
                                                                             3. conviction of a crime other than a minor offense in
   C. Reinstatement of a license that has expired for two               any court if the acts for which he was convicted are found by
years or more may include additional fees and requirements              the board to have a direct bearing on whether he should be
as the board deems appropriate, including but not limited to            entrusted to serve the public in the capacity of an
reexamination in accordance with Subchapter D, satisfaction             occupational therapist or occupational therapy assistant.
of the requirements of Subchapter H with respect to
                                                                           B. Denial, refusal to renew, suspension, revocation, or
continuing professional education, and/or complying with all
                                                                        imposition of probationary conditions upon a licensee may
requirements and procedures for obtaining an original
                                                                        be ordered by the board in a decision made after a hearing in
license.
                                                                        the manner provided by Subpart 5 of the board's rules. One
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   year after the date of the revocation of a license, application
37:3001-3014 and 37:1270(B)(6).                                         may be made to the board for reinstatement. The board shall
  HISTORICAL NOTE: Promulgated by the Department of                     have discretion to accept or reject an application for
Health and Human Resources, Board of Medical Examiners, LR              reinstatement, but shall hold a hearing to consider such
12:767 (November 1986), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 20:1003
                                                                        reinstatement.
(September 1994), LR 30:423 (March 2004).                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
§1951. Titles of Licensees                                              37:3001-3014 and 37:1270(B)(6).
                                                                          HISTORICAL NOTE: Promulgated by the Department of
   A. Any person who is issued a license as an occupational             Health and Human Resources, Board of Medical Examiners, LR
therapist under the terms of this Chapter may use the words             12:767 (November 1986).
"occupational therapist," "licensed occupational therapist,"            §1955. False Representation of Licensure Prohibited
or he may use the letters "OT" or "LOT," in connection with
his name or place of business to denote his licensure. In                 A. No person who is not licensed under this Chapter as
addition, any person currently certified or registered by and           an occupational therapist or an occupational therapy
in good standing with the NBCOT, may use the words                      assistant, or whose license has been suspended or revoked,
"licensed occupational therapist registered" or "occupational           shall use, in connection with his name or place of business,
therapist registered" or "LOTR" or "OTR."                               the words "occupational therapist," "licensed occupational
                                                                        therapist," "occupational therapy assistant," "licensed
  B. Any person who is issued a license as an occupational              occupational therapy assistant," or the letters, "OT," "LOT,"
therapy assistant under the terms of this Chapter may use the           "OTA," "LOTA," or any other words, letters, abbreviations,
words "occupational therapy assistant," "licensed                       or insignia indicating or implying that he is an occupational
occupational therapy assistant," or he may use the letters              therapist or an occupational therapy assistant, or in any way,
"OTA" or "LOTA" in connection with his name or place of                 orally, in writing, in print, or by sign, directly or by
business to denote his licensure. In addition, any person               implication, represent himself as an occupational therapist or
currently certified as an assistant by and in good standing             an occupational therapy assistant.
with the NBCOT, may use the designation "licensed certified
occupational therapy assistant" or "LCOTA" or "certified                   B. No person who is not licensed under this Chapter as
occupational therapy assistant" or "COTA."                              an occupational therapist or an occupational therapy
                                                                        assistant, or whose license has been suspended or revoked,
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   who is not currently certified or registered by and in good
37:3001-3014 and 37:1270(B)(6).                                         standing with the NBCOT shall use, in connection with his
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR
                                                                        name or place of business, the words "occupational therapist
12:767 (November 1986), amended by the Department of Health             registered," "licensed occupational therapist registered,"
and Hospitals, Board of Medical Examiners, LR 30:423 (March             "certified occupational therapy assistant," or "licensed
2004).                                                                  certified occupational therapy assistant" or the letters,
§1953. Suspension and Revocation of License; Refusal                    "OTR," "LOTR," or "COTA," or "LCOTA" or any other
                                                                        words, letters, abbreviations, or insignia indicating or
       to Renew
                                                                        implying that he is an occupational therapist registered or a
   A. The board may refuse to renew a license, may                      certified occupational therapy assistant, or in any way,
suspend or revoke a license, or may impose probationary                 orally, in writing, in print, or by sign, directly or by
conditions, if the licensee or applicant for license has been           implication, represent himself as such.
guilty of unprofessional conduct which has endangered or is
                                                                          C. Whoever violates the provisions of this Section shall
likely to endanger the health, welfare, or safety of the public.
                                                                        be fined not more than $500 or be imprisoned for not more
Such unprofessional conduct shall include:
                                                                        than six months, or both.
    1. obtaining a license by means of                   fraud,
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
misrepresentation, or concealment of material facts;                    37:3001-3014 and 37:1270(B)(6).



                                                                   55              Louisiana Administrative Code          June 2012
                                       PROFESSIONAL AND OCCUPATIONAL STANDARDS

  HISTORICAL NOTE: Promulgated by the Department of                   vacancy occurring on the advisory committee other than by
Health and Human Resources, Board of Medical Examiners, LR            expiration of the designated term shall serve for the
12:767 (November 1986), amended by the Department of Health           unexpired term. A member of the advisory committee may
and Hospitals, Board of Medical Examiners, LR 30:424 (March           be appointed by the board for not more than three
2004).
                                                                      consecutive terms. Other than the initial appointments
  Subchapter G. Occupational Therapy                                  provided for herein, board appointments to the advisory
                                                                      committee shall be effective when made with respect to
         Advisory Committee                                           appointments for unexpired terms and otherwise shall be
§1957. Constitution of Committee                                      effective as of the first day of the year following the date of
                                                                      appointment.
   A. To assist the board in the review of applicants'
qualifications for licensure and renewal of licensure under             AUTHORITY NOTE: Promulgated in accordance with R.S.
this Chapter, the board shall constitute and appoint an               37:3001-3014 and 37:1270(B)(6).
                                                                        HISTORICAL NOTE: Promulgated by the Department of
Occupational Therapy Advisory Committee (advisory
                                                                      Health and Human Resources, Board of Medical Examiners, LR
committee) which shall be organized and shall function in             12:767 (November 1986), amended by the Department of Health
accordance with the provisions of this Subchapter.                    and Hospitals, Board of Medical Examiners, LR 20:1003
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 (September 1994).
37:3001-3014 and 37:1270(B)(6).                                       §1961. Delegated Duties and Responsibilities
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR              A. The advisory committee is authorized by the board to:
12:767 (November 1986), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 20:1003
                                                                          1. advise and assist the board in the ongoing
(September 1994).                                                     evaluation of the occupational therapy licensing examination
                                                                      required by the board;
§1959. Composition; Appointment
                                                                           2. assist the board in examining the qualifications and
  A. The advisory committee shall comprise nine members               credentials of and interviewing applicants for occupational
who shall be occupational therapists licensed by the board            therapy licensure and make recommendations thereon to the
and practicing and residing within the state of Louisiana,            board;
consisting, more particularly, of one licensed occupational
therapist proficient in and representing each of the following            3. provide advice and recommendations to the board
areas of occupational therapy practice:                               respecting    the     modification,     amendment,        and
                                                                      supplementation of rules and regulations, standards, policies,
    1.   administration and management;                               and procedures respecting occupational therapy licensure
    2.   developmental disabilities;                                  and practice;
    3.   education;                                                        4. serve as a liaison between and among the board,
                                                                      licensed occupational therapists and occupational therapy
    4.   gerontology;                                                 assistants,   and   occupational    therapy professional
    5.   mental health;                                               associations;
    6.   physical disabilities;                                           5. receive reimbursement for attendance at board
                                                                      meetings and for other expenses when specifically
    7.   sensory integration;                                         authorized by the board; and
    8.   technology; and                                                   6. advise and assist the board in the review and
    9.   work programs.                                               approval of continuing professional education programs and
                                                                      licensee satisfaction of continuing professional education
  B. Insofar as possible or practical, in its appointment of          requirements for renewal of licensure, as prescribed by
members to the advisory committee, the board shall maintain           Subchapter H of these rules, including the authority and
geographic diversity so as to provide membership on the               responsibility to:
advisory committee by occupational therapists residing and
practicing in North, Central, Southwestern, and Southeastern                 a. evaluate organizations and entities providing or
Louisiana.                                                            offering to provide continuing professional education
                                                                      programs for occupational therapists and occupational
   C. Of the board's initial appointment of members to the            therapy assistants and provide recommendations to the board
advisory committee following the effective date of these              with respect to the board's recognition and approval of such
rules, four appointees shall be designated to serve terms             organizations and entities as sponsors of qualifying
expiring on the last day of the year of appointment and five          continuing professional education programs and activities
to serve terms expiring on the last day of the year succeeding        pursuant to §1969 of these rules;
the year of appointment. Thereafter, each member of the
advisory committee shall serve a term of two years, subject                 b. review documentation of continuing professional
to removal at any time at the pleasure of the board. Members          education by occupational therapist and occupational
appointed to the advisory committee by the board to fill a            therapy assistants, verify the accuracy of such

Louisiana Administrative Code                   June 2012        56
                                                         Title 46, Part XLV

documentation,     and     evaluation     of    and    make           hour is equal to one-tenth of a CEU. Fifteen hours, or 1.5
recommendations to the board with respect to whether                  CEUs, is required to meet the standards prescribed by this
programs and activities evidenced by applicants for renewal           Subchapter.
of licensure comply with and satisfy the standards for such
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
programs and activities prescribed by these rules; and                37:3012(B) and 37:1270(B)(6).
       c. request and obtain from applicants for renewal of             HISTORICAL NOTE: Promulgated by the Department of
licensure such additional information as the advisory                 Health and Hospitals, Board of Medical Examiners, LR 20:1004
                                                                      (September 1994).
committee may deem necessary or appropriate to enable it to
make the evaluations and provide the recommendations for              §1967. Qualifying Continuing Professional Education
which the committee is responsible.                                          Programs
  B. In discharging the functions authorized under this                 A. To be acceptable as qualified continuing professional
Section the advisory committee and the individual members             education under these rules a program shall:
thereof shall, when acting within the scope of such authority,            1. have significant and substantial theoretical and/or
be deemed agents of the board. All information obtained by            practical content directly related to the practice of
the advisory committee members pursuant to §1961.A.2 and              occupational therapy, or the development, administration,
6 shall be considered confidential. Advisory committee                and supervision of clinical practice;
members are prohibited from communicating, disclosing, or
in any way releasing to anyone, other than the board, any                  2. have preestablished written goals and objectives,
information or documents obtained when acting as agents of            with its primary objective being to maintain or increase the
the board without first obtaining written authorization of the        participant's competence in the practice of occupational
board.                                                                therapy;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     3. be presented by persons whose knowledge and/or
37:3001-3014 and 37:1270(B)(6).                                       professional experience is appropriate and sufficient to the
  HISTORICAL NOTE: Promulgated by the Department of                   subject matter of the presentation;
Health and Human Resources, Board of Medical Examiners, LR
12:767 (November 1986), amended by the Department of Health                4. provide a system or method for verification of
and Hospitals, Board of Medical Examiners, LR 20:1004                 attendance or course completion; and
(September 1994).
                                                                          5.   be a minimum of one continuous hour in length.
          Subchapter H. Continuing                                      B. Self-study or independent study, to be acceptable as
            Professional Education                                    qualified continuing professional education under these
                                                                      rules, shall be sponsored or offered by the AOTA, by an
§1963. Scope of Subchapter
                                                                      AOTA approved provider, or the LOTA.
   A. The rules of this Subchapter provide standards for the
                                                                         C. A licensee may earn hour for hour continuing
continuing professional education requisite to the annual
                                                                      education units (up to a maximum of 5 hours per year) for
renewal of licensure as an occupational therapist or
                                                                      initial presentations, workshops and institutes presented by
occupational therapy assistant, as required by §§1947 and
                                                                      the licensee when documented by an official program,
1965 of these rules, and prescribe the procedures applicable
                                                                      schedule or syllabus containing title, date, hours and type of
to satisfaction and documentation of continuing professional
                                                                      audience.
education in connection with application for renewal of
licensure.                                                              D. A licensee may earn continuing education units (up to
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      a maximum of 5 hours per year) for publications appearing
37:3012(B) and 37:1270(B)(6).                                         in a peer-reviewed professional journal, a book on
  HISTORICAL NOTE: Promulgated by the Department of                   theory/practice of occupational therapy, or chapter(s) in a
Health and Hospitals, Board of Medical Examiners, LR 20:1004          book. Documentation shall consist of the full reference of
(September 1994).                                                     the publication including, title, author, editor and date of
§1965. Continuing Professional Education Requirement                  publication or, if not yet published, a copy of a letter of
                                                                      acceptance for publication.
  A. Subject to the exceptions specified in §1979 of this
Subchapter, to be eligible for renewal of licensure for 1996            E. None of the following programs, seminars, or
and thereafter, an occupational therapist or occupational             activities shall be deemed to qualify as acceptable
therapy assistant shall, within each year during which he             continuing professional education programs under these
holds licensure, evidence, and document, upon forms                   rules:
supplied by the board, successful completion of not less than             1. any program, seminar or activity not meeting the
15 contact hours, or 1.5 continuing education units (CEUs).           standards prescribed by §1967.A.-D;
  B. One CEU constitutes 10 hours of participation in an                   2. any program, presentation, seminar, or course of
organized continuing professional education program                   instruction not providing the participant an opportunity to
approved by the board and meeting the standards prescribed
in this Subchapter; one continuing professional education

                                                                 57             Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

ask questions or seek clarification of specific matters              approval, the board shall give notice of such
presented;                                                           recommendation to the person or organization requesting
                                                                     approval and such person or organization may appeal the
    3.   mentoring, training, or supervisory activities;
                                                                     advisory committee's recommendation to the board by
    4. holding office in professional or governmental                written request delivered to the board within 10 days of such
organizations, agencies, or committees;                              notice. The board's decision with respect to approval of any
                                                                     such activity shall be final. Persons and organizations
    5. participation in case conferences or informal
                                                                     requesting preapproval of continuing professional education
presentations;
                                                                     programs should allow not less than 60 days for such
     6. writing articles for publications that are not peer-         requests to be processed.
reviewed, writing grant applications, or developing or                 AUTHORITY NOTE: Promulgated in accordance with R.S.
participating in research projects; or                               37:3012(B) and 37:1270(B)(6).
    7. reading books or journals, viewing videos, or                   HISTORICAL NOTE: Promulgated by the Department of
                                                                     Health and Hospitals, Board of Medical Examiners, LR 20:1005
similar activities.
                                                                     (September 1994), amended LR 31:3162 (December 2005).
  AUTHORITY NOTE: Promulgated in accordance with R.S.                §1973. Documentation Procedure
37:3012(B) and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                    A. A form for annual documentation and certification of
Health and Hospitals, Board of Medical Examiners, LR 20:1004         satisfaction of the continuing professional education
(September 1994), amended LR 31:3161 (December 2005).                requirements prescribed by these rules shall be mailed by the
§1969. Approval of Program Sponsors                                  board to each occupational therapist and occupational
                                                                     therapy assistant subject to such requirements with the
  A. Any program, course, seminar, workshop, self-study,             application for renewal of licensure form mailed by the
independent study or other activity meeting the standards            board pursuant to §1947.B of these rules. Such form shall be
prescribed by §1967.A.-D sponsored or offered by the                 completed and delivered to the board with the licensee's
AOTA, by an AOTA approved provider, or the LOTA shall                renewal application.
be presumptively deemed approved by the board for
purposes of qualifying as an approved continuing                       B. Any certification of continuing professional education
professional education program under these rules.                    not presumptively approved by the board pursuant to these
                                                                     rules, or preapproved by the board in writing, shall be
  B. Upon the recommendation of the advisory committee,              referred to the advisory committee for its evaluation and
the board may designate additional organizations and entities        recommendations pursuant to §1961.A.6.b. If the advisory
whose programs, courses, seminars, workshops, or other               committee determines that a program or activity certified by
activities shall be deemed approved by the board for                 an applicant for renewal in satisfaction of continuing
purposes of qualifying as an approved continuing                     professional education requirements does not qualify for
professional education program under §1967.A.-D.                     recognition by the board or does not qualify for the number
  AUTHORITY NOTE: Promulgated in accordance with R.S.                of CEUs claimed by the applicant, the board shall give
37:3012(B) and 37:1270(B)(6).                                        notice of such determination to the applicant for renewal and
  HISTORICAL NOTE: Promulgated by the Department of                  the applicant may appeal the advisory committee's
Health and Hospitals, Board of Medical Examiners, LR 20:1005         recommendation to the board by written request delivered to
(September 1994), amended LR 31:3162 (December 2005).                the board within 10 days of such notice. The board's decision
§1971. Approval of Programs                                          with respect to approval and recognition of any such
                                                                     program or activity shall be final.
   A. A continuing professional education program
sponsored by an organization or entity not deemed approved             AUTHORITY NOTE: Promulgated in accordance with R.S.
by the board pursuant to §1969.A.-D may be preapproved by            37:3012(B) and 37:1270(B)(6).
the board as a program qualifying and acceptable for                   HISTORICAL NOTE: Promulgated by the Department of
satisfying continuing professional education requirements            Health and Hospitals, Board of Medical Examiners, LR 20:1005
                                                                     (September (1994).
under this Subchapter upon written request to the board
therefore, upon a form supplied by the board, providing a            §1975. Failure to Satisfy Continuing Professional
complete description of the nature, location, date, content,                Education Requirements
and purpose of such program and such other information as              A. An applicant for renewal of licensure who fails to
the board or the advisory committee may request to establish
                                                                     evidence satisfaction of the continuing professional
the compliance of such program with the standards
                                                                     education requirements prescribed by these rules shall be
prescribed by §1967.A.-D. Any such request for preapproval
                                                                     given written notice of such failure by the board. The license
respecting a program which makes and collects a charge for
                                                                     of the applicant shall remain in full force and effect for a
attendance shall be accompanied by a nonrefundable                   period of 60 days following the mailing of such notice,
processing fee of $30.                                               following which it shall be deemed expired, unrenewed, and
  B. Any such written request shall be referred by the               subject to revocation without further notice, unless the
board to the advisory committee for its recommendation. If           applicant shall have, within such 60 days furnished the board
the advisory committee's recommendation is against                   satisfactory evidence, by affidavit, that:

Louisiana Administrative Code                    June 2012      58
                                                          Title 46, Part XLV

    1. the applicant has satisfied the applicable continuing           of the continuing professional education required by these
professional education requirements;                                   rules in favor of an occupational therapist or occupational
                                                                       therapy assistant who makes written request for such waiver
    2. the applicant is exempt from such requirements
                                                                       to the board and evidences to the satisfaction of the board a
pursuant to these rules; or
                                                                       permanent physical disability, illness, financial hardship, or
     3. the applicant's failure to satisfy the continuing              other similar extenuating circumstances precluding the
professional education requirements was occasioned by                  individual's satisfaction of the continuing professional
disability, illness, or other good cause as may be determined          education requirements.
by the board.                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
   B. The license of an occupational therapist or                      37:3012(B) and 37:1270(B)(6).
occupational therapy assistant whose license has expired by              HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 20:1006
nonrenewal or has been revoked for failure to satisfy the
                                                                       (September 1994).
continuing professional education requirements of these
rules may be reinstated by the board upon written                      §1979. Exceptions to Continuing Professional
application to the board, accompanied by payment of a                         Education Requirements
reinstatement fee, in addition to all other applicable fees and           A. The continuing professional education requirements
costs, of $50, together with documentation and certification           prescribed by this Subchapter as requisite to renewal of
that:                                                                  licensure shall not be applicable to:
     1. the applicant has, during each year since the date on               1. an occupational therapist or occupational therapy
which the applicant's license lapsed, expired, or was                  assistant employed exclusively by, or at an institution
revoked, completed 12 contact hours (1.2 CEUs) of                      operated by, any department or agency of the state of
qualifying continuing professional education and the                   Louisiana; or
following additional continuing professional education, as
applicable:                                                                 2. an occupational therapist or occupational therapy
                                                                       assistant who has held an initial Louisiana license on the
       a. if the application for reinstatement is made more            basis of examination for a period of less than one year.
than one year and less than three years following the date on
which such license lapsed, expired, or was revoked, the                  AUTHORITY NOTE: Promulgated in accordance with R.S.
applicant shall evidence completion of and additional six              37:3012(B) and 37:1270(B)(6).
                                                                         HISTORICAL NOTE: Promulgated by the Department of
contact hours (0.6 CEU) of qualifying continuing
                                                                       Health and Hospitals, Board of Medical Examiners, LR 20:1006
professional education since the date on which the                     (September 1994).
applicant's license lapsed, expired, or was revoked;
       b. if the application for reinstatement is made more
                                                                                 Chapter 21. Acupuncturists,
than three years and less than five years following the date                    Acupuncturists' Assistants, and
on which such license lapsed, expired, or was revoked, the                       Acupuncture Detoxification
applicant shall evidence completion of and additional eight
contact hours (0.8 CEU) of qualifying continuing                                         Specialists
professional education within the 12 months period
preceding application for reinstatement;
                                                                               Subchapter A. General Provisions
       c. if the application for reinstatement is made more            §2101. Scope of Chapter
than five years following the date on which such license                 A. The rules of this Chapter govern the certification of
lapsed, expired, or was revoked, the applicant shall evidence          acupuncturists and acupuncturists' assistants to perform and
completion of an additional 10 contact hours (1.0 CEU) of              practice traditional Chinese acupuncture and of acupuncture
qualifying continuing professional education within the 12             detoxification specialists       to    practice  acupuncture
months period preceding application for reinstatement; or              detoxification in the state of Louisiana.
     2. the applicant has, within one year prior to making               AUTHORITY NOTE: Promulgated in accordance with R.S.
application for reinstatement, taken and successfully passed           37:1360 and 37:1270(B)(6).
the recertification examination of the NBCOT.                            HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 19:334
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  (March 1993), amended LR 34:1615 (August 2008).
37:3012(B) and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                    §2103. Definitions
Health and Hospitals, Board of Medical Examiners, LR 20:1005              A. As used in this Chapter and Chapter 51, the following
(September 1994), amended LR 24:1499 (August 1998), LR
                                                                       terms shall have the meanings specified.
30:424 (March 2004).
§1977. Waiver of Requirements                                               Acupuncture Practice Act or Act―R.S. 37:1356-1360,
                                                                       as hereafter amended or supplemented.
  A. The board may, in its discretion and upon the
recommendation of the advisory committee, waive all or part

                                                                  59              Louisiana Administrative Code         June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

     Acupuncture―treatment by means of mechanical,                     assistant, and shall be made available for review and
thermal, or electrical stimulation effected by the insertion of        inspection upon request by a representative of the board.
needles at a point or combination of points on the surface of
                                                                           General Supervision―as used in this Chapter and
the body predetermined on the basis of the theory of the
                                                                       Chapter 51, shall mean responsible oversight of the services
physiological interrelationship of body organs with an
                                                                       rendered by an acupuncture detoxification specialist as
associated point or combination of points, or the application
                                                                       specified in §5106.B of these rules.
of heat or electrical stimulation to such point or points, for
the purpose of inducing anesthesia, relieving pain, or healing            Good Moral Character―as applied to an applicant,
diseases, disorders, and dysfunctions of the body, or                  means that:
achieving a therapeutic or prophylactic effect with respect
thereto.                                                                      a. the applicant, if a physician, has not, prior to or
                                                                       during the pendency of an application to the board, been
    Acupuncture Detoxification (acu detox)―the treatment               guilty of any act, omission, condition, or circumstance which
by means of insertion of acupuncture needles in a                      would provide legal cause under R.S. 37:1285 for the denial,
combination of points on the ear in accordance with NADA               suspension, or revocation of medical licensure;
protocol. The performance of acupuncture detoxification
constitutes a subcategory of the practice of acupuncture.                     b. the applicant has not, prior to or during the
                                                                       pendency of an application to the board, been culpable of
     Acupuncture Detoxification Specialist (ADS)―an                    any act, omission, condition, or circumstance which would
individual who possesses current certification, duly issued            provide cause under §5113 of these rules for the suspension
by the board, to practice acupuncture detoxification under             or revocation of certification as an acupuncturist,
the supervision of a physician or acupuncturist's assistant.           acupuncturist's assistant, or acupuncture detoxification
                                                                       specialist;
     Acupuncturist―a    physician possessing current
certification, duly issued by the board, to practice                          c. the applicant has not, prior to or in connection
acupuncture.                                                           with his application, made any representation to the board,
                                                                       knowingly or unknowingly, which is in fact false or
    Acupuncturist's     Assistant     (AcA)―an      individual
                                                                       misleading as to a material fact or omits to state any fact or
possessing current certification, duly issued by the board, to
                                                                       matter that is material to the application; or
practice acupuncture under the supervision of a physician.
                                                                               d. the applicant has not made any representation or
     Applicant―a person who has applied to the board for
                                                                       failed to make a representation or engaged in any act or
certification as an acupuncturist, acupuncturist's assistant or
                                                                       omission which is false, deceptive, fraudulent, or misleading
acupuncture detoxification specialist in the state of
                                                                       in achieving or obtaining any of the qualifications for
Louisiana.
                                                                       certification required by this Chapter.
     Application―a request directed to and received by the
                                                                           NADA―the       National    Acupuncture     Detoxification
board, in a format approved by the board, for certification to
                                                                       Association.
perform or practice acupuncture or acupuncture
detoxification in the state of Louisiana, together with all                Physician―an individual lawfully entitled to engage in
information, certificates, documents, and other materials              the practice of medicine in this state as evidenced by a
required by the board to be submitted with such forms.                 current, unrestricted license duly issued by the board.
   Board―the        Louisiana   State   Board    of   Medical               Primary Practice Site―the location at which a
Examiners.                                                             supervising physician, acupuncturist's assistant or
                                                                       acupuncture detoxification specialist spends the majority of
     Certification―the board's official recognition of an
                                                                       time in the exercise of the privileges conferred by licensure
individual's current certificate, duly issued by the board,
                                                                       or certification issued by the board.
evidencing the board's certification of such individual under
the law.                                                                    Proposed Supervising Acupuncturist's Assistant―an
                                                                       acupuncturist's assistant who has submitted to the board an
     Clinical Practice Guidelines or Protocols (guidelines or
                                                                       application for approval as a supervising acupuncturist's
protocols)―a written set of directives or instructions to be
                                                                       assistant.
followed by an acupuncturist's assistant in the performance
of patient care activities containing each of the components               Proposed Supervising Physician―a physician who has
specified by §5106.A of these rules. Clinical practice                 submitted to the board an application for approval as a
guidelines or protocols are valid for a period not to exceed           supervising physician.
one year and shall be annually reviewed, updated as
appropriate, and signed by the supervising physician and                   Supervising          Acupuncturist's        Assistant―an
acupuncturist's assistant. The signature of the supervising            acupuncturist's assistant registered with the board under this
                                                                       Chapter to provide supervision to an acupuncture
physician and acupuncturist's assistant and date of review
                                                                       detoxification specialist.
shall be noted on the guidelines or protocols. Guidelines or
protocols shall be maintained at both the primary practice
site of the supervising physician and the acupuncturist's


Louisiana Administrative Code                    June 2012        60
                                                           Title 46, Part XLV

     Supervising Physician―a physician registered with the               deemed to possess such qualifications unless the applicant
board under this Chapter to supervise an acupuncturist's                 demonstrates and evidences such qualifications in the
assistant or acupuncture detoxification specialist.                      manner prescribed by, and to the satisfaction of, the board.
     Supervision―as to an acupuncturist's assistant, shall                 AUTHORITY NOTE: Promulgated in accordance with R.S.
mean responsible oversight of the services rendered by an                37:1360 and 37:1270(B)(6).
acupuncturist's assistant as specified in §5106.A of these                 HISTORICAL NOTE: Promulgated by the Department of
rules.                                                                   Health and Hospitals, Board of Medical Examiners, LR 19:335
                                                                         (March 1993), amended LR 34:1616 (August 2008).
     Universal Precautions―a set of precautions developed                §2109. Application Procedure for Certified
by the United States Center for Disease Control (CDC) that                      Acupuncturist
are designed to prevent transmission of human
immunodeficiency virus (HIV), hepatitis B virus (HBV) and                  A. Application for certification as an acupuncturist shall
other blood borne pathogens when providing first aid or                  be made in a format approved by the board.
health care. Under universal precautions blood and certain                 B. An application for certification under this Chapter
bodily fluids of all patients are considered potentially                 shall include:
infectious for HIV, HBV and other blood borne pathogens.
                                                                              1. proof, documented in a form satisfactory to the
  B. Masculine terms wheresoever used in this Chapter                    board, that the applicant possesses the qualifications set forth
shall also be deemed to include the feminine.                            in this Chapter; and
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                             2. such other information and documentation as the
37:1360 and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                      board may require to evidence qualification for certification.
Health and Hospitals, Board of Medical Examiners, LR 19:334                 C. All documentation submitted in a language other than
(March 1993), amended LR 34:1615 (August 2008).                          English shall be accompanied by a translation into English
           Subchapter B. Acupuncturist                                   certified by a translator other than the applicant who shall
                                                                         attest to the accuracy of such translation under penalty of
                  Certification                                          perjury.
§2105. Scope of Subchapter                                                 D. The board may refuse to consider any application
  A. The rules of this Subchapter prescribe the                          which is not complete in every detail, including submission
qualifications and procedures requisite to certification as an           of every document required by the application form. The
acupuncturist in the state of Louisiana.                                 board may, in its discretion, require a more detailed or
                                                                         complete response to any request for information set forth in
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    the application form as a condition to consideration of an
37:1360 and 37:1270(B)(6).
                                                                         application.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 19:335                E. Each application submitted to the board shall be
(March 1993), amended LR 34:1616 (August 2008).                          accompanied by the applicable fee, as provided in Chapter 1
§2107. Qualifications for Certification as Acupuncturist                 of these rules.
  A. To be eligible for certification as an acupuncturist, an              AUTHORITY NOTE: Promulgated in accordance with R.S.
applicant shall:                                                         37:1360 and 37:1270(B)(6).
                                                                           HISTORICAL NOTE: Promulgated by the Department of
     1. be a physician possessing a current, unrestricted                Health and Hospitals, Board of Medical Examiners, LR 19:335
license to practice medicine in the state of Louisiana duly              (March 1993), amended LR 34:1617 (August 2008).
issued by the board;
                                                                              Subchapter C. Acupuncturist's
      2.   be of good moral character as defined by §2103.A;                    Assistant and Acupuncture
and
                                                                           Detoxification Specialist Certification;
      3.   have successfully completed:
                                                                           Registration of Supervising Physician,
      a. not less than six months of training in traditional
Chinese acupuncture in a school or clinic approved by the                  Supervising Acupuncturist's Assistant
board pursuant to §§2118-2121 of this Chapter; or                        §2111. Scope of Subchapter
      b. not less than 300 credit hours of continuing                      A. The rules of this Subchapter prescribe the
medical education in acupuncture designated as category one              qualifications and procedures requisite to certification as an
continuing medical education hours by the American                       acupuncturist's assistant and acupuncture detoxification
Medical Association.                                                     specialist, and for registration as a supervising physician and
  B. The burden of satisfying the board as to the                        supervising acupuncturist's assistant in the state of
qualifications and eligibility of the applicant for certification        Louisiana.
shall be upon the applicant. An applicant shall not be


                                                                    61              Louisiana Administrative Code           June 2012
                                      PROFESSIONAL AND OCCUPATIONAL STANDARDS

  AUTHORITY NOTE: Promulgated in accordance with R.S.                  certification under §2113.A.5.b, as it may deem necessary or
37:1360 and 37:1270(B)(6).                                             appropriate to effectuate the purposes of this Part.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 19:335              D. The burden of satisfying the board as to the
(March 1993), amended LR 34:1617 (August 2008).                        qualifications and eligibility of the applicant and proposed
§2113. Qualifications for Certification as an                          supervising physician for certification, registration and
       Acupuncturist's Assistant; Qualifications for                   approval shall be upon the applicant and proposed
       Registration as Supervising Physician for                       supervising physician, who shall demonstrate and evidence
       Acupuncturist's Assistant                                       such qualifications in the manner prescribed by, and to the
                                                                       satisfaction of, the board.
  A. To be eligible for certification as an acupuncturist's
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
assistant, an applicant:                                               37:1360 and 37:1270(B)(6).
    1.   shall be at least 21 years of age;                              HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 19:335
    2. shall be of good moral character as defined by                  (March 1993), amended LR 34 1617 (August 2008).
§2103.A;                                                               §2114. Qualifications for Certification as an
    3. shall have successfully completed a four-year                          Acupuncture Detoxification Specialist;
course of instruction in a high school or its equivalent;                     Qualifications for Registration of Supervising
                                                                              Physician or Supervising Acupuncturist'
     4. shall be a citizen of the United States or possess
                                                                              Assistant
valid and current legal authority to reside and work in the
United States duly issued by the commissioner of the                     A. To be eligible for certification as an acupuncture
Immigration and Naturalization Service of the United States            detoxification specialist, an applicant:
under and pursuant to the Immigration and Nationality Act
                                                                           1.   shall be at least 21 years of age;
(66 Stat. 163) and the commissioner's regulations thereunder
(8 CFR);                                                                   2. shall be of good moral character as defined by
                                                                       §2103.A of this Chapter;
    5.   shall have either:
                                                                           3. shall have successfully completed a four-year
        a. successfully completed not less than 36 months
                                                                       course of instruction in a high school or its equivalent;
of training in traditional Chinese acupuncture in a school or
clinic approved by the board pursuant to §§2118-2121 of                     4. shall be a citizen of the United States or possess
this Chapter; or                                                       valid and current legal authority to reside and work in the
                                                                       United States duly issued by the commissioner of the
        b. have been formally appointed or employed to
                                                                       Immigration and Naturalization Service of the United States
perform acupuncture exclusively for research purposes by
                                                                       under and pursuant to the Immigration and Nationality Act
and at:
                                                                       (66 Stat. 163) and the commissioner's regulations thereunder
         i.   an accredited licensed hospital located in the           (8 CFR);
state of Louisiana; or
                                                                           5.   shall have:
        ii.   an accredited school or college of medicine
                                                                              a. successfully completed NADA training by a
located in the state of Louisiana; or
                                                                       registered NADA trainer; and
      c. passed the certification examination given by the
                                                                             b. current certification by the NADA to perform
National Certification Commission for Acupuncture and
                                                                       acupuncture detoxification; and
Oriental Medicine or its successor; and
                                                                            6. shall affirm that he or she shall only provide acu
    6. shall affirm that he or she shall only practice under
                                                                       detox under the general supervision of a physician or
supervision, as defined in §5106.A of these rules.
                                                                       acupuncturist's assistant, as defined in §5106.B of these
  B. Prior to undertaking the supervision of an                        rules.
acupuncturist's assistant a physician shall be approved by
                                                                         B. Prior to undertaking the supervision of an
and registered with the board. To be eligible for registration,
                                                                       acupuncture detoxification specialist a physician shall be
a proposed supervising physician shall, as of the date of the
                                                                       registered with the board. To be eligible for registration to
application:
                                                                       supervise an ADS a proposed supervising physician shall, as
   1. possess a current, unrestricted license to practice              of the date of the application:
medicine in the state of Louisiana; and
                                                                          1. possess a current, unrestricted license to practice
     2. have been in the active practice of medicine for at            medicine in the state of Louisiana; and
least two years following the completion of postgraduate
                                                                            2. not currently be enrolled in any postgraduate
residency training, if any.
                                                                       residency training.
  C. The board may waive or modify any of the
requirements otherwise required by this Chapter for

Louisiana Administrative Code                    June 2012        62
                                                           Title 46, Part XLV

  C. Prior to undertaking the supervision of an                             5. attestation by the applicant and proposed
acupuncture detoxification specialist an acupuncturist's                supervising physician, certifying the truthfulness and
assistant shall be registered with the board. To be eligible for        authenticity of all information, representations, and
registration to supervise an ADS a proposed supervising                 documents contained in or submitted with the completed
AcA shall, as of the date of the application:                           application; and
     1. possess current, unrestricted certification to practice             6. such other information and documentation as the
as an AcA; and                                                          board may require.
    2. have held certification by the board to practice as                 C. All documentation submitted in a language other than
an AcA in this state for at least two years immediately                 English shall be accompanied by a translation into English
preceding the date of application.                                      certified by a translator other than the applicant who shall
                                                                        attest to the accuracy of such translation under penalty of
  D. The burden of satisfying the board as to the
                                                                        perjury.
qualifications and eligibility of the applicant acupuncture
detoxification specialist, proposed supervising physician or               D. The board may reject or refuse to consider any
proposed supervising acupuncturist's assistant shall be upon            application which is not complete in every detail, including
the applicant, proposed supervising physician or proposed               submission of every document required by the application
supervising acupuncturist's assistant, who shall demonstrate            form. The board may in its discretion require a more detailed
and evidence such qualifications in the manner prescribed by            or complete response to any request for information set forth
and to the satisfaction of the board.                                   in the application form as a condition to consideration of an
                                                                        application.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1356-37:1360 and 37:1270(B)(6).                                        E. Each application submitted to the board shall be
  HISTORICAL NOTE: Promulgated by the Department of                     accompanied by the applicable fee, as provided in Chapter 1
Health and Hospitals, Board of Medical Examiners, LR 34:1618            of these rules.
(August 2008).
§2115. Application Procedure for Acupuncturist's                          F. Upon submission of a completed application form,
       Assistant                                                        together with the documents required thereby, and the
                                                                        payment of the application fee, the applicant acupuncturist's
  A. Application for certification as an acupuncturist's                assistant shall make a personal appearance before a member
assistant shall be made in a format approved by the board               of the board, or its designee, to be interviewed regarding his
and shall include notification of intent to practice, signed by         or her qualifications for certification and approval under this
a proposed supervising physician who is registered with or              Chapter and understanding of the authority, limitations,
has applied for registration to the board as a supervising              obligations, and responsibilities imposed on acupuncturists'
physician.                                                              assistants by laws and regulations applicable thereto.
  B. Application for certification and approval under this                AUTHORITY NOTE: Promulgated in accordance with R.S.
Subchapter shall include:                                               37:1360 and 37:1270(B)(6).
                                                                          HISTORICAL NOTE: Promulgated by the Department of
     1. proof, documented in a form satisfactory to the                 Health and Hospitals, Board of Medical Examiners, LR 19:336
board that the applicant possesses the qualifications set forth         (March 1993), amended LR 34:1618 (August 2008).
in this Chapter;
                                                                        §2116. Application Procedure for Acupuncture
     2. a description of the proposed supervising                              Detoxification Specialist
physician's professional background and specialty, if any;
                                                                          A. Application for certification as an ADS shall be made
the nature and scope of his medical practice; the primary
                                                                        in a format approved by the board and shall include
practice site and the geographic and demographic
                                                                        notification of intent to practice in a format approved by the
characteristics of his medical practice; and the primary
                                                                        board, signed by a proposed supervising physician or
practice site and all other addresses or locations of the office
                                                                        proposed supervising acupuncturist's assistant who is
or offices where the applicant is to practice acupuncture;
                                                                        registered with or has applied for registration to the board as
     3. a description of the proposed supervising                       a supervising physician or supervising acupuncturist's
physician's knowledge of and prior training or experience, if           assistant.
any, in traditional Chinese acupuncture;
                                                                          B. Application for certification and approval under this
     4. attestation by the applicant and proposed                       Subchapter shall include:
supervising physician certifying that current clinical practice
                                                                             1. proof, documented in a form satisfactory to the
guidelines or protocols conforming to the requirements of
                                                                        board that the applicant possesses the qualifications set forth
§5106.A of these rules have been prepared, dated, signed
                                                                        in of this Chapter;
and shall be utilized by the acupuncturist's assistant in the
exercise of the privileges conferred by certification under                 2. the nature of the proposed supervising physician's
this Part and produced upon request by a representative of              practice or supervising acupuncturist's assistant's practice
the board;                                                              and the primary practice site and/or geographic


                                                                   63              Louisiana Administrative Code          June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

characteristics of the type of settings or locations where the           C. A separate fee shall not be assessed for registration or
applicant intends to provide acu detox;                               approval of a supervising physician for an AcA or ADS or of
                                                                      a supervising AcA for an ADS.
    3. the methods to be used to provide general
supervision by the proposed supervising physician or                    AUTHORITY NOTE: Promulgated in accordance with R.S.
supervising acupuncturist's assistant;                                37:1356-37:1360 and 37:1270(B)(6).
                                                                        HISTORICAL NOTE: Promulgated by the Department of
     4. attestation by the applicant and proposed                     Health and Hospitals, Board of Medical Examiners, LR 34:1619
supervising physician or supervising acupuncturist's                  (August 2008).
assistant certifying that the requirements of §5106.B of these
rules shall be followed in the exercise of the privileges                  Subchapter D. Board Approval of
conferred by certification under this Part;                                Acupuncture Schools and Clinics
     5. attestation by the applicant and proposed                     §2118. Scope of Subchapter
supervising physician or supervising acupuncturist's
assistant certifying the truthfulness and authenticity of all           A. The rules of this Subchapter provide the method and
information, representations, and documents contained in or           procedures by which acupuncture schools and clinics are
submitted with the completed application; and                         approved by the board.
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
    6. such other information and documentation as the
                                                                      37:1360 and 37:1270(B)(6).
board may require.                                                      HISTORICAL NOTE: Promulgated by the Department of
   C. All documentation submitted in a language other than            Health and Hospitals, Board of Medical Examiners, LR 19:336
                                                                      (March 1993), amended LR 34:1619 (August 2008).
English shall be accompanied by a translation into English
certified by a translator other than the applicant who shall          §2119. Applicability of Approval
attest to the accuracy of such translation under penalty of              A. As provided in this Chapter the successful completion
perjury.                                                              of formal training in traditional Chinese acupuncture from a
  D. The board may reject or refuse to consider any                   school or clinic approved by the board is among the
application which is not complete in every detail, including          alternative qualifications requisite to certification as an
submission of every document required by the application.             acupuncturist or acupuncturist's assistant. This qualification
The board may in its discretion require a more detailed or            will be deemed to be satisfied if the school or clinic in which
complete response to any request for information set forth in         the applicant received training in traditional Chinese
the application form as a condition to consideration of an            acupuncture was approved by the board as of the date on
application.                                                          which the applicant completed such training.
  E. Each application submitted to the board shall be                   AUTHORITY NOTE: Promulgated in accordance with R.S.
accompanied by the applicable fee, as provided in Chapter 1           37:1360 and 37:1270(B)(6).
of these rules.                                                         HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 19:336
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 (March 1993), amended LR 34:1619 (August 2008).
37:1356-37:1360 and 37:1270(B)(6).                                    §2121. Approval of Acupuncture Schools
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 34:1619            A. A school providing training in traditional Chinese
(August 2008).                                                        acupuncture which is currently accredited by the
§2117. Application Procedure for Registration of                      Accreditation Commission for Acupuncture and Oriental
       Supervising Physician or Supervising                           Medicine (ACAOM), or its predecessor, the National
       Acupuncturist's Assistant                                      Accreditation Commission for Schools and Colleges of
                                                                      Acupuncture and Oriental Medicine (NACSCAOM), shall
   A. Application for registration of a supervising physician         concurrently be deemed approved by the board.
for an acupuncturist's assistant or acupuncture detoxification
specialist or as a supervising AcA for an ADS, shall be made            B. A school providing training in traditional Chinese
in a format approved by the board, include proof satisfactory         acupuncture which has been accorded candidacy status by
to the board that the applicant possesses the qualifications          ACAOM, or its predecessor, NACSCAOM, shall
set forth in this Chapter, and contain such other information         concurrently be deemed conditionally approved by the
and documentation as the board may require.                           board, provided that board approval shall be automatically
                                                                      withdrawn if accreditation is not awarded by ACAOM
  B. The board may reject or refuse to consider any                   within three years of the date on which candidacy status was
application which is not complete in every detail, including          recognized.
submission of every document required by the application.
The board may in its discretion require a more detailed or              C. The board may approve additional schools or
complete response to any request for information set forth in         programs providing training in traditional Chinese
the application form as a condition to consideration of an            acupuncture upon the request of an applicant or application
application.                                                          by any such school or program and upon the submission to
                                                                      the board of documentation that such school or program

Louisiana Administrative Code                   June 2012        64
                                                           Title 46, Part XLV

provides training in Chinese acupuncture under standards                board of a notice of intent to practice in accordance with
substantially equivalent to those prescribed by ACAOM for               §2127.D of this Chapter.
accreditation.
                                                                           F. Although a physician or acupuncturist's assistant must
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   notify the board each time he or she intends to undertake the
37:1360 and 37:1270(B)(6).                                              general supervision of an acupuncture detoxification
  HISTORICAL NOTE: Promulgated by the Department of                     specialist, registration with the board is only required once.
Health and Hospitals, Board of Medical Examiners, LR 19:336             Notification of supervision of a new or additional ADSs by a
(March 1993), amended LR 34:1619 (August 2008).
                                                                        registered supervising physician or AcA shall be deemed
  Subchapter E. Certification Issuance,                                 given to the board upon the ADS's filing with the board of a
                                                                        notice of intent to practice in accordance with §2127.F of
      Approval of Registration of                                       this Chapter.
  Supervising Physician or Supervising
                                                                           G. The board shall maintain a list of physicians who are
       Acupuncturist's Assistant,                                       registered to supervise an acupuncturist's assistant and of
  Termination, Renewal, Reinstatement                                   physicians and AcAs who are registered to supervise an
                                                                        ADS. Each registered physician, registered AcA and ADS is
§2125. Issuance of Certification, Approval of                           responsible for updating the board within fifteen days should
       Registration                                                     any of the information required and submitted change after
  A. If the qualifications, requirements, and procedures                the physician has been registered to supervise an AcA or
specified by this Chapter for an acupuncturist are met to the           after a physician or AcA has been registered to supervise an
satisfaction of the board, the board shall certify the applicant        ADS.
as an acupuncturist.                                                      AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1360 and 37:1270(B)(6).
  B. If the qualifications, requirements, and procedures                  HISTORICAL NOTE: Promulgated by the Department of
specified by this Chapter for an acupuncturist's assistant are          Health and Hospitals, Board of Medical Examiners, LR 19:337
met to the satisfaction of the board, the board shall certify           (March 1993), amended LR 34:1620 (August 2008).
the applicant as an acupuncturist's assistant. Issuance of
                                                                        §2127. Expiration and Termination of Certification;
certification to an applicant under this Chapter shall
                                                                               Modification; Notice of Intent
constitute approval of registration of the proposed
supervising physician.                                                    A. Every certification and approval issued by the board
                                                                        under this Chapter shall expire, and become null, void, and
   C. Each acupuncturist's assistant certificate issued under
                                                                        to no effect on the last day of the year in which such
this Chapter shall be endorsed as Class A or Class B as
                                                                        certification was issued.
follows.
                                                                           B. The timely submission of an application for renewal
    1. An acupuncturist's assistant Class A certificate shall
                                                                        of certification, as provided by §2129 of this Chapter, shall
be issued to an applicant who qualifies for certification
                                                                        operate to continue the expiring certification in full force and
pursuant to §2113.A.5.a or §2113.A.5.c of this Chapter.
                                                                        effect pending issuance or denial of renewal certification.
     2. An acupuncturist's assistant Class B certificate shall
                                                                          C. Except as provided in Subsection D of this Section,
be issued to an applicant who qualifies for certification
                                                                        certification as an acupuncturist's assistant whether an initial
pursuant to §2113.A.5.b of this Chapter. Such certificate
                                                                        certificate or renewal thereof, shall terminate and become
shall be further endorsed with the name and location of the
                                                                        void, null and to no effect on and as of any day that:
hospital, medical school, or clinic at which the applicant is
to be employed to perform acupuncture exclusively for                       1. the supervising physician no longer possesses a
research purposes.                                                      current, unrestricted license to practice medicine in the state
                                                                        of Louisiana;
  D. If the qualifications, requirements, and procedures
specified by this Chapter for an acupuncture detoxification                 2. the supervising physician, whether voluntarily or
specialist are met to the satisfaction of the board, the board          involuntarily, ceases the active practice of medicine;
shall certify the applicant as an ADS. Issuance of
                                                                             3. the relationship between the acupuncturist's
certification to an applicant under this Chapter shall
                                                                        assistant and the supervising physician is terminated; or
constitute approval of registration of the proposed
supervising     physician      or     proposed     supervising               4. the acupuncturist's assistant's certification expires
acupuncturist's assistant.                                              for failure to timely renew.
  E. Although a physician must notify the board each time                  D. Certification shall not terminate upon termination of a
he or she intends to undertake the supervision of an                    relationship between a supervising physician and
acupuncturist's assistant, registration with the board is only          acupuncturist's assistant provided that:
required once. Notification of supervision of a new or
additional AcAs by a registered supervising physician shall                  1. the acupuncturist's assistant currently has a
                                                                        supervisory relationship with another supervising physician;
be deemed given to the board upon the AcA's filing with the
                                                                        alternatively, the acupuncturist's assistant ceases to practice

                                                                   65              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

until such time as notification is provided to the board, in a         application for renewal, in a format specified by the board,
format approved by the board, that he or she has entered into          together with the renewal fee prescribed in Chapter 1 of
a supervisory relationship with a new supervising physician            these rules.
who satisfies the qualifications, requirements and procedures
                                                                          B. An application for renewal of certification shall be
of this Chapter. Such notification shall be deemed effective
                                                                       transmitted in a format approved by the board to each person
as of the date received by the board, subject to final approval
                                                                       holding certification issued under this Chapter on or before
at the next board meeting; and
                                                                       the first day of December of each year. Such form shall be
    2. the acupuncturist's assistant notifies the board of             transmitted to the primary practice site or preferred mailing
any changes in or additions to his supervising physicians              address of each certificate holder as reflected in the official
within 15 days of the date of such change or addition.                 records of the board.
   E. Except as provided in Subsection F of this Section,                C. Each registered supervising physician and supervising
certification as an acupuncture detoxification specialist,             acupuncturist's assistant shall annually verify the accuracy of
whether an initial certificate or renewal thereof, shall               registration information on file with the board in a format
terminate and become void, null and to no effect on and as             approved by the board.
of any day that:
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
     1. the supervising physician or supervising                       37:1360 and 37:1270(B)(6).
acupuncturist's assistant no longer possesses a current,                 HISTORICAL NOTE: Promulgated by the Department of
unrestricted license to practice as a physician or as an AcA in        Health and Hospitals, Board of Medical Examiners, LR 19:337
                                                                       (March 1993), amended LR 34:1621 (August 2008).
the state of Louisiana;
    2. the supervising physician or supervising                           Subchapter F. Restricted Licensure,
acupuncturist's    assistant,  whether    voluntarily or                               Permits
involuntarily, ceases the active practice of medicine or
practice as an AcA;                                                    §2131. Emergency Temporary Permit

    3. the relationship between the ADS and the                          A. Acupuncture Detoxification Specialist. The board
supervising physician or the supervising AcA is terminated;            may issue an emergency temporary permit to an acupuncture
or                                                                     detoxification specialist, valid for a period of not more than
                                                                       60 days, to provide voluntary, gratuitous acu detox services
    4. the ADS's certification expires for failure to timely           in this state during a public health emergency and for such
renew.                                                                 periods thereafter as the Louisiana Department of Health and
                                                                       Hospitals ("DHH") shall deem the need for emergency
   F. Certification shall not terminate upon termination of a
                                                                       services to continue to exist, at sites specified by DHH or
relationship between a supervising physician or supervising
                                                                       approved by the board.
AcA and ADS provided that:
                                                                         B. To be eligible for issuance of such a permit an
     1. the ADS currently has a supervisory relationship
                                                                       individual shall:
with another supervising physician or supervising AcA;
alternatively, the ADS ceases to practice until such time as                1. hold a current, unrestricted license in good standing
notification is provided to the board, in a format approved by         in another state to practice as an ADS;
the board, that he or she has entered into a supervisory
relationship with a new supervising physician or supervising               2. prior to providing such services, present or cause to
AcA who satisfies the qualifications, requirements and                 be presented to the board:
procedures of this Chapter. Such notification shall be                        a.   indisputable personal identification;
deemed effective as of the date received by the board,
subject to final approval at the next board meeting; and                      b. a copy of his or her license to practice as an ADS
                                                                       in another state or such other information as may be deemed
    2. the ADS notifies the board of any changes in or                 satisfactory to the board on which to verify out-of-state
additions to his supervising physicians or supervising AcAs            licensure;
within 15 days of the date of such change or addition.
                                                                             c. a completed application containing                 such
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  information as may be required by the board; and
37:1360 and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                           d. notification of intent to practice in a format
Health and Hospitals, Board of Medical Examiners, LR 19:337            approved by the board, signed by a physician or an AcA
(March 1993), amended LR 34:1621 (August 2008).                        licensed or certified to practice in this state, who will fulfill
§2129. Renewal of Certification; Verification of                       the functions of a supervising physician or supervising AcA
       Registration                                                    for an ADS as described in this Section. An individual is
                                                                       responsible for updating the board within 15 days should any
  A. Every certificate issued by the board under this                  of the information required and submitted on the applicant's
Chapter shall be renewed annually on or before its date of             notice of intent change after a temporary permit has been
expiration by submitting to the board a properly completed             issued under this Section.

Louisiana Administrative Code                    June 2012        66
                                                         Title 46, Part XLV

  C. To be eligible for approval as a supervising physician                2. a date specified on the permit less that 60 days from
or supervising AcA under this Section a physician or AcA              the date of issuance;
shall:
                                                                           3. the date the ADS's term of voluntary, gratuitous
     1. possess a current, unrestricted license or certificate        service is terminated; or
to practice as a physician or AcA in Louisiana; and
                                                                           4. the date on which the ADS's relationship with the
     2. submit a completed application containing such                supervising physician or supervising AcA identified in the
information as may be required by the board.                          notice of intent terminates.
   D. Although a physician or AcA must notify the board                  K. The board may, in its discretion, extend or renew for
each time he or she intends to undertake the supervision of           one or two additional 60-day periods a permit that has
an ADS under this Section, registration with the board is             expired provided that all conditions prerequisite to original
only required once. Notification of supervision of new or             issuance are satisfied.
additional ADSs by a registered supervising physician or a
                                                                         L. Following termination of a declaration of emergency
registered supervising AcA shall be deemed given to the
                                                                      the board may issue, extend or renew a 60-day permit under
board upon the ADS's filing with the board of a notice of
                                                                      this Section during such period as DHH shall deem the need
intent to practice in accordance with Subsection B of this
                                                                      for emergency services to continue to exist.
Section.
                                                                         M. Acupuncturist's Assistants. The board may issue an
  E. The board shall maintain a list of physicians and
                                                                      emergency temporary permit to an acupuncturist's assistant
AcAs who are registered to supervise ADSs under this
                                                                      to provide voluntary, gratuitous acupuncture services in this
Section. Each registered supervising physician and
                                                                      state during a public health emergency, and for such periods
supervising AcA is responsible for updating the board should
                                                                      thereafter as DHH shall deem the need for emergency
any of the information required and submitted on the
                                                                      services to continue to exist, in accordance with §412 of this
physician's or AcA's application change following
                                                                      Part.
registration.
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
   F. An ADS holding a permit under this Section shall                37:1270, 37:1275 and R.S. 37:1360.
practice in this state only on a voluntary, gratuitous basis,           HISTORICAL NOTE: Promulgated by the Department of
shall perform only those acupuncture services authorized by           Health and Hospitals, Board of Medical Examiners, LR 32:2057
this Section, and shall practice only at sites specified by           (November 2006), amended LR 34:1621 (August 2008).
DHH or approved by the board.
                                                                               Chapter 23. Licensed Midwives
   G. Services performed by an ADS issued a permit under
this Section shall be limited to acu detox and approved by                    Subchapter A. General Provisions
the supervising physician or supervising AcA. Such services
may be performed under the general supervision of the                 §2301. Scope of Chapter
supervising physician or supervising AcA. All services shall             A. The rules of this Chapter govern the licensing of
be documented in written form by the ADS and available for            midwife practitioners to engage in the practice of midwifery
review by the supervising physician or supervising AcA.               in the state of Louisiana.
  H. A temporary permit may be issued upon such terms,                  AUTHORITY NOTE: Promulgated in accordance with R.S.
conditions, limitations or restrictions as to time, place,            37:1270 and 37:3241-3257.
nature, and scope of practice as are, in the judgment of the            HISTORICAL NOTE: Promulgated by the Department of
board, deemed necessary or appropriate to its responsibilities        Health and Hospitals, Board of Medical Examiners, LR 12:513
under law. The board may, in addition, waive or modify any            (August 1986), amended LR 17:779 (August 1991).
of the requirements of Chapters 21 and 51 of these rules,             §2303. Definitions
applicable to certification as an ADS, that it may deem
                                                                        A. As used in this Chapter, the following terms shall
necessary or appropriate to effectuate the purposes of this
                                                                      have the meanings specified.
Section.
                                                                           Applicant―a person who has applied to the board for a
   I. An ADS shall visibly display a permit issued under
                                                                      license to engage in the practice of midwifery or for a permit
this Section, or such other identifying information as the
                                                                      as an apprentice midwife in the state of Louisiana.
board may specify, in plain view on his or her person at all
times while exercising the privileges of such permit.                      Application―a written request directed to and received
                                                                      by the board, upon forms supplied by the board, for a license
  J. A temporary permit creates no right or entitlement to
                                                                      or permit to practice midwifery in the state of Louisiana,
certification as an ADS or renewal of the permit after its
                                                                      together with all information, certificates, documents, and
expiration. A temporary permit shall expire and become null
                                                                      other materials required by the board to be submitted with
and void on the earlier of:
                                                                      such forms.
    1.   60 days from the date on which it was issued;



                                                                 67              Louisiana Administrative Code         June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

    Apprentice Midwife―any person who is granted a                      AUTHORITY NOTE: Promulgated in accordance with R.S.
permit to obtain the educational and clinical experience              37:1270 and 37:3241-3257.
required to apply for a license.                                        HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 12:513
   Board―the        Louisiana   State   Board   of   Medical          (August 1986), amended LR 17:779 (August 1991).
Examiners.                                                            §2307. Qualifications for License
    Certified Nurse-Midwife―a registered nurse who has                  A. To be eligible for licensure as a licensed midwife, an
been certified by the American College of Nurse-Midwives.             applicant shall:
   Department―the Louisiana Department of Health and                      1. be at least 21 years of age and shall have graduated
Hospitals.                                                            from high school;
     Licensed Midwife Practitioner―a person who has                       2. be a citizen of or lawfully authorized to reside and
completed all the requirements of the board including the             be employed in the United States;
prescribed education and experience, has passed the
licensing examination, and is licensed to practice midwifery              3. be currently certified in basic cardiopulmonary
in the state of Louisiana.                                            resuscitation (CPR);
    Louisiana Advisory Committee on Midwifery―the                          4. have demonstrated competence in the basic
committee constituted and appointed pursuant to R.S.                  sciences of human anatomy, human physiology, biology,
37:3242.                                                              psychology, and nutrition in the manner prescribed by §2353
                                                                      of this Chapter;
    Midwife―a person who gives care and advice to a
woman during pregnancy, labor, and the postnatal period and               5. have completed a course of study in the theory of
who is capable of conducting vaginal deliveries in                    pregnancy and childbirth as provided by §2355;
uncomplicated pregnancies on her own.                                     6. have met, within four years prior to the date of
    Midwifery Instructor―a physician licensed to practice             application, the following requirements for practical clinical
medicine in the state of Louisiana, certified nurse-midwife,          experience prescribed by §2357 of this Chapter;
or licensed midwife who has a formal training and                         7. have demonstrated professional competence in the
supervisory relationship with an apprentice midwife.                  practice of midwifery by passing an examination
     Physician―a person licensed to practice medicine who             administered by the board; and
is actively engaged in a clinical obstetrical practice and has             8. cause to be submitted to the board four written
hospital privileges in obstetrics in a hospital accredited by         recommendations of the applicant for licensure, one by a
the Joint Commission on the Accreditation of Health Care              physician or certified nurse-midwife, one by a licensed
Organizations (JCAHO).                                                midwife, one by a consumer of midwifery services, and one
     Practice of Midwifery―holding oneself out to the                 by a member of the community in which the applicant
public as being engaged in the business of attending,                 resides.
assisting, or advising a woman during the various phases of             B. The burden of satisfying the board as to the
the interconceptional and childbearing periods, with the              qualifications and eligibility of the applicant for licensure
supervision of a physician who is actively engaged in a               shall be upon the applicant. An applicant shall not be
clinical practice of obstetrics and has hospital privileges in        deemed to possess such qualifications unless the applicant
obstetrics in a JCAHO accredited hospital.                            demonstrates and evidences such qualifications in the
      Supervision of a Physician―the client shall be seen by          manner prescribed by, and to the satisfaction of, the board.
a physician for physical examination at least once during the           AUTHORITY NOTE: Promulgated in accordance with R.S.
first or second trimester of pregnancy and again at least once        37:1270 and 37:3241-3257.
within the last four weeks of pregnancy.                                HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 12:513
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      (August 1986), amended LR 17:779 (August 1991).
37:1270 and 37:3241-3257.
  HISTORICAL NOTE: Promulgated by the Department of                   §2309. Procedural Requirements
Health and Hospitals, Board of Medical Examiners, LR 12:513
(August 1986), amended LR 17:779 (August 1991).
                                                                        A. In addition to the substantive qualifications specified
                                                                      in §2307, to be eligible for a license, an applicant shall
      Subchapter B. Qualifications for                                satisfy the procedures and requirements for application
                Licensure                                             provided by §§2311 to 2315 of this Chapter and the
                                                                      procedures and requirements for examination administered
§2305. Scope of Subchapter                                            by the board provided by §§2319 to 2333 of this Chapter.
  A. The rules of this Subchapter govern the licensing of               AUTHORITY NOTE: Promulgated in accordance with R.S.
midwives who in order to become licensed midwife                      37:1270 and 37:3241-3257.
practitioners must meet all of the criteria provided by this
Chapter.

Louisiana Administrative Code                   June 2012        68
                                                         Title 46, Part XLV

  HISTORICAL NOTE: Promulgated by the Department of                     G. Each application submitted to the board shall be
Health and Hospitals, Board of Medical Examiners, LR 12:514           accompanied by the applicable fee, as provided in Chapter 1
(August 1986) ), amended LR 17:779 (August 1991).                     of these rules.
          Subchapter C. Application                                     H. Upon submission of or concurrently with submission
§2311. Purpose and Scope                                              of a completed application, an applicant shall, by
                                                                      appointment, make a personal appearance before the board,
   A. The rules of this Subchapter govern the procedures              or its designee, as a condition to the board's consideration of
and requirements applicable to application to the board for           such application.
licensure as a licensed midwife practitioner in the state of
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
Louisiana.                                                            37:1270 and 37:3240-3257.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   HISTORICAL NOTE: Promulgated by the Department of
37:1270 and 37:3241-3257.                                             Health and Hospitals, Board of Medical Examiners, LR 12:514
  HISTORICAL NOTE: Promulgated by the Department of                   (August 1986), amended 17:779 (August 1991), LR 30:236
Health and Hospitals, Board of Medical Examiners, LR 12:514           (February 2004).
(August 1986), amended LR 17:779 (August 1991).                       §2315. Effect of Application
§2313. Application Procedure
                                                                         A. The submission of an application for licensing to the
  A. Application for unrestricted licensing shall be made             board shall constitute and operate as an authorization by the
upon forms supplied by the board.                                     applicant to each educational institution at which the
                                                                      applicant has matriculated, each state or federal agency to
   B. An initial application must be received by the board
                                                                      which the applicant has applied for license, permit,
on or before March 31 if the applicant desires to sit for the
                                                                      certificate, or registration, each physician or certified nurse-
June administration of the licensure examination, or on or
                                                                      midwife who has supervised the applicant's clinical
before August 31 if the applicant desires to sit for the
                                                                      experience, each person, firm, corporation, trainer, education
December administration of the examination. Completed
                                                                      service, or institution from whom the applicant has received
applications must be received by the board on or before
                                                                      instruction in the basic sciences or the theory of pregnancy
April 30 or October 31 respectively, in order for an applicant
                                                                      and childbirth, each physician or other health care
to be eligible to sit for the June or December administration
                                                                      practitioner whom the applicant has consulted or seen for
of the examination.
                                                                      diagnosis or treatment and each professional organization or
   C. Application forms and instructions pertaining thereto           specialty board to which the applicant has applied for
may be obtained upon written request directed to the office           membership to disclose and release to the board any and all
of the board, Suite 100, 830 Union Street, New Orleans, LA,           information and documentation concerning the application
70112. Application forms will be mailed by the board within           which the board deems material to consideration of the
30 days of the board's receipt of request therefor. To ensure         application. With respect to any such information or
timely filing and completion of application, forms must be            documentation, the submission of an application for
requested not later than 40 days prior to the deadlines for           licensing to the board shall equally constitute and operate as
initial application specified in §2313.B.                             a consent by the applicant to the disclosure and release of
                                                                      such information and documentation and as a waiver by the
  D. An application for licensing under this Chapter shall            applicant of any privilege or right of confidentiality which
include:                                                              the applicant would otherwise possess with respect thereto.
    1. proof, documented in a form satisfactory to the                   B. By submission of an application for licensing to the
board as specified by the secretary, that the applicant               board, an applicant shall be deemed to have given his or her
possesses the qualifications set forth in this Chapter;               consent to submit to physical or mental examinations if,
    2.   three photographs of the applicant; and                      when and in the manner so directed by the board and to
                                                                      waive all objections as to the admissibility or disclosure of
    3. such other information and documentation as the                findings, reports, or recommendations pertaining thereto on
board may require to evidence qualification for licensing.            the grounds of privileges provided by law. The expense of
  E. All documents required to be submitted to the board              any such examination shall be borne by the applicant.
must be the original thereof. For good cause shown, the                  C. The submission of an application for licensing to the
board may waive or modify this requirement.                           board shall constitute and operate as an authorization and
  F. The board may refuse to consider any application                 consent by the applicant to the board to disclose and release
which is not complete in every detail, including submission           any information or documentation set forth in or submitted
of every document required by the application form. The               with the applicant's application or obtained by the board
board may, in its discretion, require a more detailed or              from other persons, firms, corporations, associations, or
complete response to any request for information set forth in         governmental entities pursuant to §2315.A or B to any
the application form as a condition to consideration of an            person, firm, corporation, association, or governmental
application.                                                          entity having a lawful, legitimate, and reasonable need
                                                                      therefore, including, without limitation, the midwife
                                                                      licensing authority of any state; the Federal Drug

                                                                 69              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

Enforcement Agency; the Louisiana Office of Narcotics and              board to obtain positive photographic identification from all
Dangerous Drugs, Division of Licensing and Registration,               applicants appearing and properly registered for the
Department of Health and Hospitals; and Federal, state,                examination, to establish and require examinees to observe
county or parish, and municipal health and law enforcement             an appropriate seating arrangement, to provide appropriate
agencies.                                                              instructions for taking the examination, to fix and signal the
                                                                       time for beginning and ending the several sections of the
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:3241-3257.                                              examination, to prescribe such additional rules and
  HISTORICAL NOTE: Promulgated by the Department of                    requirements as are necessary or appropriate to the taking of
Health and Hospitals, Board of Medical Examiners, LR 12:514            the examination in the interest of the examinees or the
(August 1986), amended LR 17:779 (August 1991).                        examination process, and to take all necessary and
                                                                       appropriate actions to secure the integrity of the examination
          Subchapter D. Examination                                    and the examination process, including without limitation,
§2317. Scope of Examination                                            excluding an applicant from the examination or changing an
                                                                       applicant's seating location at any time during the
   A. The examination administered by the board pursuant               examination.
to R.S. 37:3244.C(4) shall be administered by the board in
two parts. A written examination shall be administered to                B. An applicant who appears for examination shall:
test the applicant's knowledge of basic sciences, theory                    1. present to the chief proctor or his designated
regarding pregnancy and childbirth, and clinical judgment in           assistant proctor proof of registration for the examination
licensed midwifery management. A practical examination                 and positive personal photographic and other identification
shall be administered to test the applicant's mastery of skills        in the form prescribed by the board; and
necessary for the practice of licensed midwifery.
                                                                           2. fully and promptly comply with any and all rules,
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  procedures, instructions, directions, or requests made or
37:1270 and 37:3241-3257.
                                                                       prescribed by the chief proctor or any assistant proctor.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 12:514              AUTHORITY NOTE: Promulgated in accordance with R.S.
(August 1986), amended LR 17:779 (August 1991).                        37:1270 and 37:3241-3257.
§2319. Eligibility for Examination                                       HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 12:515
   A. To be eligible for examination by the board, an                  (August 1986), amended LR 17:779 (August 1991).
applicant shall possess all qualifications for licensure               §2325. Subversion of Examination Process
prescribed by §2307.A, save for the examination
requirement itself. Satisfactory evidence shall include                   A. An applicant-examinee who engages or attempts to
verification by the physician, or certified nurse-midwife or           engage in conduct which subverts or undermines the
licensed midwife who supervised the applicant's clinical               integrity of the examination process shall be subject to the
experience that the applicant has evidenced the skills                 sanctions specified in §2329 of this Subchapter.
essential to the practice of midwifery during her                        B. Conduct which subverts or undermines the integrity
apprenticeship.                                                        of the examination process shall be deemed to include:
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       1. refusing or failing to fully and promptly comply
37:1270 and 37:3241-3257.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                       with any rules, procedures, instructions, directions, or
Health and Hospitals, Board of Medical Examiners, LR 12:514            requests made or prescribed by the chief proctor or an
(August 1986), amended LR 17:779 (August 1991).                        assistant proctor;
§2321. Dates, Places of Examination                                         2. removing from the examination room or rooms any
                                                                       of the examination materials;
  A. The board's examinations are administered
semiannually, in June and December, in the city of New                      3. reproducing or reconstructing, by copying,
Orleans. Applicants shall be advised of the specific dates,            duplication, written notes, or electronic recording, any
times, and locations of the next scheduled examination upon            portion of the examination;
application to the board and may obtain such information
                                                                           4. selling, distributing, buying, receiving, obtaining,
upon inquiry to the office of the board.
                                                                       or having unauthorized possession of a future, current, or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  previously administered examination;
37:1270 and 37:3241-3257.
  HISTORICAL NOTE: Promulgated by the Department of                         5. communicating in any manner with any other
Health and Hospitals, Board of Medical Examiners, LR 12:515            examinee or any other person during the administration of
(August 1986), amended LR 17:779 (August 1991).                        the examination;
§2323. Administration of Examination                                       6. copying answers from another examinee or
  A. The board's examinations are administered by a chief              permitting one's answers to be copied by another examinee
proctor, appointed by the board, and several assistant                 during the administration of the examination;
proctors. The chief proctor is authorized and directed by the

Louisiana Administrative Code                    June 2012        70
                                                          Title 46, Part XLV

    7. having in one's possession during the                           §2329. Sanctions for Subversion of Examination
administration of the examination any materials or objects
                                                                          A. An applicant who is found by the board, prior to the
other than the examination materials distributed, including,
without limitation, any books, notes, recording devices, or            administration of the examination, to have engaged in
other written, printed, or recorded materials or date of any           conduct or to have attempted to engage in conduct which
                                                                       subverts or undermines the integrity of the examination
kind;
                                                                       process may be permanently disqualified from taking the
    8. impersonating an examinee by appearing for and as               examination and for permit to be an apprentice or for
an applicant and taking the examination for, as and in the             licensure as a licensed midwife practitioner in the state of
name of an applicant other than himself;                               Louisiana.
    9. permitting another person to appear for and take the              B. An applicant-examinee who is found by the board to
examination on one's behalf and in one's name; or                      have engaged or to have attempted to engage in conduct
                                                                       which subverts or undermines the integrity of the
    10. engaging in any conduct which disrupts the
                                                                       examination process shall be deemed to have failed the
examination or the taking thereof by other examinees.
                                                                       examination. Such failure shall be recorded in the official
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  records of the board.
37:1270 and 37:3241-3257.
  HISTORICAL NOTE: Promulgated by the Department of                      C. In addition to the sanctions permitted or mandated by
Health and Hospitals, Board of Medical Examiners, LR 12:515            §2329.A or B, as to an applicant-examinee found by the
(August 1986), amended LR 17:779 (August 1991).                        board to have engaged or to have attempted to engage in
§2327. Finding of Subversion                                           conduct which subverts or undermines the integrity of the
                                                                       examining process, the board may:
   A. When during the administration of examination, the
chief proctor or any assistant proctor has reasonable cause to             1. revoke, suspend, or impose probationary conditions
believe that an applicant-examinee is engaging or attempting           on any license or permit issued to such applicant;
to engage, or has engaged or attempted to engage, in conduct                2. disqualify the applicant, permanently or for a
which subverts or undermines the integrity of the                      specified period of time, from eligibility for permit or
examination process, the chief proctor shall take such action          licensure in the state of Louisiana; or
as he deems necessary or appropriate to terminate such
conduct and shall report such conduct in writing to the                    3. disqualify the applicant, permanently or for a
board.                                                                 specified number of subsequent administrations of the
                                                                       examination, from eligibility for examination.
   B. In the event of suspected conduct described by
§2325.B.5 or 6, the subject applicant-examinee shall be                  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:1270 and 37:3241-3257.
permitted to complete the examination, but shall be removed
                                                                         HISTORICAL NOTE: Promulgated by the Department of
at the earliest practical opportunity to a location precluding         Health and Hospitals, Board of Medical Examiners, LR 12:515
such conduct.                                                          (August 1986), amended LR 17:779 (August 1991).
   C. When the board, upon information provided by the                 §2331. Passing Score
chief proctor an assistant proctor, an applicant-examinee or
                                                                          A. An applicant will be deemed to have successfully
any other person, has probable cause to believe that an
                                                                       passed the examination if a score of at least 75 percent is
applicant has engaged or attempted to engage in conduct
                                                                       attained.
which subverts or undermines the integrity of the
examination process, the board shall so advise the applicant             AUTHORITY NOTE: Promulgated in accordance with R.S.
in writing, setting forth the grounds for its finding of               37:1270 and 37:3241-3257.
probable cause, specifying the sanctions which are mandated              HISTORICAL NOTE: Promulgated by the Department of
or permitted for such conduct by §2329 of this Subchapter              Health and Hospitals, Board of Medical Examiners, LR 12:515
and provide the applicant with an opportunity for hearing              (August 1986), amended LR 17:779 (August 1991).
pursuant to R.S. 49:955-58 and applicable rules of the board           §2333. Restriction, Limitation on Examinations
governing administrative hearings. Unless waived by the                   A. A passing score must be attained by an applicant upon
applicant, the board's findings of fact, its conclusions of law        completion of all sections of the examination taken during a
under these rules and its decision as to the sanctions, if any,        single administration of the entire examination. An applicant
to be imposed shall be made in writing and served upon the             who fails the examination but who meets all other
applicant.                                                             requirements may retake the examination three additional
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  times, provided, however, that an applicant who has failed
37:1270 and 37:3241-3257.                                              the examination on two occasions shall not be eligible to
  HISTORICAL NOTE: Promulgated by the Department of                    take the examination thereafter until the applicant has
Health and Hospitals, Board of Medical Examiners, LR 12:515            completed not less than three months of additional
(August 1986), amended LR 17:779 (August 1991).                        educational or clinical instruction, courses, or programs as
                                                                       prescribed and approved by the board.



                                                                  71             Louisiana Administrative Code         June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  B. An applicant having failed to attain a passing score              the supervision of a physician, certified nurse-midwife, or
upon taking the examination four times shall not be                    licensed midwife.
considered for permit or licensing and shall not be eligible to
                                                                          B. An apprentice permit shall be issued by the board to
take the examination again.
                                                                       an applicant who possesses all of the qualifications for
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  licensure as a licensed midwife specified by §2307.A.1-3 of
37:1270 and 37:3241-3257.                                              these rules and who submits to the board, on a form
  HISTORICAL NOTE: Promulgated by the Department of                    furnished or approved by the board, written verification of a
Health and Hospitals, Board of Medical Examiners, LR 12:515            contractual relationship with a physician, certified nurse-
(August 1986), amended LR 17:779 (August 1991).
                                                                       midwife, or licensed midwife who shall assume
§2335. Lost, Stolen, or Destroyed Examinations                         responsibility for instructing and supervising the apprentice
   A. The submission of an application for examination by              in accordance with the rules and regulations of this Chapter
the board shall constitute and operate as an acknowledgment            and of Chapter 53 of these rules.
and agreement by the applicant that the liability of the board,          C. A senior apprentice permit shall be issued by the
its members, employees and agents, and the state of                    board to an applicant who:
Louisiana to the applicant for the loss, theft, or destruction
of all or any portion of an examination taken by the                       1.   possesses an apprentice permit;
applicant, prior to the reporting of scores thereon, other than             2. provides documentation satisfactory to the board
by intentional act, shall be limited exclusively to the refund         that he or she has clinical experience equivalent to not less
of the fees paid for examination by the applicant.                     than one-half of the experience prescribed by §2357 of these
  B. In the event that one or more of the sections of the              rules; and
examination taken by an applicant are lost, stolen, or                      3. causes to be submitted to the board the written
destroyed prior to the reporting of the applicant's scores             certification and opinion of the applicant's supervising
thereon, such applicant shall be permitted by the board to sit         physician, certified nurse-midwife, or licensed midwife that
for and take such sections at either of the next two                   the applicant has obtained sufficient theory and supervised
successively scheduled administrations of the examination,             clinical experience under the supervision of the midwifery
and such scores or averages as the applicant attains on such           instructor to permit general, rather than direct, supervision of
sections shall be averaged with the sections on which scores           the applicant's continuing clinical experience.
were previously reported in computing the applicant's score
which shall be accepted by the board notwithstanding                      D. An apprentice permit shall expire and become null
§2333.A of this Subchapter.                                            and void on any date that the apprentice's relationship with
                                                                       his or her supervising physician, certified nurse-midwife, or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  licensed midwife is terminated.
37:1270 and 37:3241-3257.
  HISTORICAL NOTE: Promulgated by the Department of                      E. An apprentice permit shall be issued by the board
Health and Hospitals, Board of Medical Examiners, LR 12:516            within 15 days following the meeting of the board next
(August 1986) , amended LR 17:779 (August 1991).                       following the date on which all of the requisite documented
   Subchapter E. Restricted Licensure,                                 evidence is received by the board.

          Apprentice Permits                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:1270 and 37:3241-3257.
§2337. Restricted Licensure in General                                   HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Hospitals, Board of Medical Examiners, LR 12:516
   A. With respect to applicants who do not meet or possess            (August 1986), amended LR 17:779 (August 1991).
the practical experience requirements necessary for
licensure, the board shall issue an apprentice permit which                Subchapter F. License Issuance,
would authorize the applicant to obtain, under supervision,              Termination, Renewal, Reinstatement
the required practical experience.
                                                                       §2341. Issuance of License
  B. Receipt of an apprentice permit shall not be construed
to provide any right or entitlement whatsoever to licensure              A. If the qualifications, requirements, and procedures
as a licensed midwife practitioner or to engage in the                 prescribed or incorporated by §§2307 to 2309 are met to the
independent practice of midwifery.                                     satisfaction of the board, the board shall issue to the
                                                                       applicant a license to engage in the practice of midwifery in
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  the state of Louisiana.
37:1270 and 37:3241-3257.
  HISTORICAL NOTE: Promulgated by the Department of                       B. A license issued under §2307 of this Chapter shall be
Health and Hospitals, Board of Medical Examiners, LR 12:516            issued by the board within 30 days following the reporting
(August 1986), amended LR 17:779 (August 1991).                        of the applicant's score on the examination.
§2339. Apprentice Permits                                                AUTHORITY NOTE: Promulgated in accordance with R.S.
  A. An apprentice permit authorizes the permit holder to              37:1270 and 37:3241-3257.
obtain the practical experience required for licensure under

Louisiana Administrative Code                    June 2012        72
                                                         Title 46, Part XLV

  HISTORICAL NOTE: Promulgated by the Department of                   §2349. Reinstatement of License
Health and Hospitals, Board of Medical Examiners, LR 12:516
(August 1986), amended LR 17:779 (August 1991).                         A. A license which has been revoked may be reinstated
                                                                      upon application for reinstatement on forms supplied by the
§2343. Expiration of Licenses and Permits
                                                                      board.
   A. Every license or permit issued by the board under this
                                                                         B. Any person who files for licensure or reinstatement
Chapter, the expiration date of which is not stated thereon or
                                                                      after the first day of April and before the first day of May of
provided by these rules, shall expire, and thereby become
                                                                      the year in which the license expires shall be required to pay
null, void, and to no effect, on the last day of March of the
                                                                      a late fee of $50 in addition to the applicable renewal fee.
second calendar year following the year in which such
license or permit was issued.                                            C. Any person who has not filed for renewal or
                                                                      reinstatement of licensure by the first day of May next
  B. The timely submission of an application for renewal
                                                                      following the date of expiration shall be required to pay a
of a license, or a permit, as provided by §2345 of this
                                                                      late fee of $100 if application for reinstatement is made
Chapter, shall operate to continue the expiring license or
                                                                      within one year of the date of expiration or a fee of $200 if
permit in full force and effect pending issuance or denial of
                                                                      application for reinstatement is made within two years of the
the renewal license or permit.
                                                                      date of expiration, provided that the applicant demonstrates
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 satisfaction of the continuing education requirements
37:1270 and 37:3241-3257.                                             prescribed by §§2361-2364 of these rules. A midwife whose
  HISTORICAL NOTE: Promulgated by the Department of                   license has lapsed and expired for a period in excess of two
Health and Hospitals, Board of Medical Examiners, LR 12:516
                                                                      years may apply to the board for an initial original license
(August 1986), amended LR 17:779 (August 1991).
                                                                      pursuant to the applicable rules of this Chapter.
§2345. Renewal of License
                                                                         D. Upon application to the board made within the time
  A. Every license issued by the board under this Chapter             prescribed for renewal of licensure, a midwife practitioner's
shall be renewed biannually on or before its date of                  license may be placed on inactive status for a maximum of
expiration by submitting to the board an application for              four years. During the period that a midwife practitioner's
renewal, upon forms supplied by the board, together with the          license is on inactive status, the midwife practitioner may
renewal fee prescribed in Chapter 1 of these rules.                   not engage in the practice of midwifery in this state. The
  B. An application for renewal of license form shall be              license of a midwife practitioner whose license is on inactive
mailed by the board to each person holding a license issued           status may be reinstated to active status upon application to
under this Chapter on or before the first day of December             the board, provided that the applicant demonstrates
next preceding the date of expiration. Such form shall be             satisfaction of the continuing education requirements
mailed to the most recent address of each licensee as                 prescribed by §§2361-2364 of these rules.
reflected in the official records of the board.                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      37:1270 and 37:3241-3257.
  C. Any person who files for renewal of licensure shall
                                                                        HISTORICAL NOTE: Promulgated by the Department of
present a current certification in cardiopulmonary                    Health and Hospitals, Board of Medical Examiners, LR 12:516
resuscitation (CPR) of the adult and newborn and shall be             (August 1986), amended LR 17:779 (August 1991).
required to show proof of completion of 20 contact hours of
continuing education as approved by the board, in                                Subchapter G. Education
accordance with §§2361-2364 of these rules.
                                                                      §2351. Courses of Study
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:3240-3257.                                               A. Every applicant seeking licensure must successfully
  HISTORICAL NOTE: Promulgated by the Department of                   demonstrate competency in the basic sciences of human
Health and Hospitals, Board of Medical Examiners, LR 12:516           anatomy, human physiology, biology, psychology, and
(August 1986), amended 17:779 (August 1991), LR 30:236                nutrition, as prescribed by §2353, and complete a course on
(February 2004).                                                      the theory of pregnancy and childbirth, in clinical
§2347. Revocation of License                                          instructions in midwifery.

   A. Except as provided by §2343.B of these rules, any                 AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      37:1270 and 37:3241-3257.
license not renewed on or before its expiration date shall be
                                                                        HISTORICAL NOTE: Promulgated by the Department of
revoked within 30 days of expiration following written                Health and Hospitals, Board of Medical Examiners, LR 12:516
notification by certified mail.                                       (August 1986), amended LR 17:779 (August 1991).
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 §2353. Basic Sciences
37:1270 and 37:3241-3257.
  HISTORICAL NOTE: Promulgated by the Department of                     A. Every applicant seeking licensure must, as a condition
Health and Hospitals, Board of Medical Examiners, LR 12:516           of eligibility for licensure, demonstrate cognitive
(August 1986), amended LR 17:779 (August 1991).                       competence in the basic sciences of human anatomy, human
                                                                      physiology, biology, psychology, and nutrition by evidencing
                                                                      successful completion of:


                                                                 73              Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

    1. one college-level course in each of such subjects in                  7. five observations of in-house births involving high-
an accredited college or university; or                                 risk obstetric care, provided, however, that this requirement
                                                                        may be waived by the board upon demonstration and
    2. such other educational instruction, courses, or
                                                                        documentation by the applicant that opportunity for such
programs in such subjects as may be approved by the board.
                                                                        observations was not reasonably available to the applicant
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   notwithstanding the applicant's diligent, good faith efforts to
37:1270 and 37:3241-3257.                                               obtain opportunity for such observations; and
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 12:516                 8. observation of one complete series of at least six
(August 1986), amended LR 17:779 (August 1991).                         prepared childbirth classes offered by an approved provider.
§2355. Theory of Pregnancy and Childbirth                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1270 and 37:3241-3257.
   A. The board shall, on the advice of the Louisiana                     HISTORICAL NOTE: Promulgated by the Department of
Advisory Committee on Midwifery, maintain and                           Health and Hospitals, Board of Medical Examiners, LR 12:517
periodically revise a list of approved courses, texts, and              (August 1986), amended LR 17:779 (August 1991).
trainers covering the subject matters which shall comprise a
                                                                        §2359. Supervision of Clinical Experience
course of study in the theory of pregnancy and childbirth.
The board may use the list as a guideline in determining the               A. Apprentice licensed midwife practitioners must obtain
acceptability of a non-listed educational source which an               their clinical experience under the immediate personal
applicant submits as complying with any required subject                supervision of a physician, certified nurse-midwife, or a
matter. All or part of the course may be obtained through               licensed midwife.
self-study.
                                                                          B. Senior apprentice midwives may obtain the clinical
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   experience requisite to licensure under the direction and
37:1270 and 37:3241-3257.                                               general supervision of a physician, certified nurse-midwife,
  HISTORICAL NOTE: Promulgated by the Department of                     or licensed midwife.
Health and Hospitals, Board of Medical Examiners, LR 12:516
(August 1986), amended LR 17:779 (August 1991).                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1270 and 37:3241-3257.
§2357. Clinical Experience
                                                                          HISTORICAL NOTE: Promulgated by the Department of
   A. Clinical experience in midwifery is required of every             Health and Hospitals, Board of Medical Examiners, LR 12:517
applicant for licensure and may be obtained in a variety of             (August 1986), amended LR 17:779 (August 1991).
settings, including medical offices, clinics, hospitals,                  Subchapter H. Continuing Education
maternity centers, and in the home. Clinical experience must
include instruction in basic nursing skills, including vital            §2361. Scope of Subchapter; Continuing Education
signs, perineal preparation, enema, urethral catheterization,                  Requirement
asceptic techniques, administration of medication orally and
                                                                           A. The rules of this Subchapter provide standards for the
by injection, local infiltration for anesthesia, administration
                                                                        continuing education requisite to renewal of renewal of any
of intravenous fluids, venipuncture, infant and adult
                                                                        license or permit issued under this Chapter, as required by
resuscitation, fetal heart tones, edema, routine urinalysis, and
                                                                        R.S. 37:3245 and §2345 of these rules, and prescribe the
currting and repair of epesiotomy.
                                                                        procedures applicable to documentation of continuing
  B. The clinical experience requisite to licensure shall               education in connection with application for renewal of
include care of women in the antepartum, intrapartum, and               licensure or permit.
postpartum periods. Clinical practice must include at least
                                                                           B. To be eligible for renewal of licensure or apprentice
the following types of numbers of experiences (with out-of-
                                                                        permit, a licensed midwife or apprentice midwife shall
hospital births making up at least one-half of the clinical
                                                                        document, upon forms supplied by the board, successful
experience):
                                                                        completion of not less than 20 contact hours of continuing
    1.   100 prenatal visits on at least 25 different women;            education obtained since such license or permit was last
                                                                        issued, reinstated, or renewed. As used in this Subchapter,
     2. attendance at the labor and delivery of at least 15
                                                                        "contact hour" means 50 to 60 minutes of participation in an
live births as an observer or assistant attendant;
                                                                        organized     learning    experience   under     responsible
     3. management of the labor and delivery of newborn                 sponsorship, capable direction, and qualified instruction, as
and placenta for at least 15 births as the primary birth                approved by the board, or two hours of planned and
attendant;                                                              supervised clinical practice designed to meet professional
                                                                        educational objectives.
    4.   25 newborn examinations;
                                                                           C. To be acceptable as qualified continuing education
   5. 25 postpartum evaluations of mother and baby in                   under these rules, an activity or program must have
home or hospital within 36 hours of delivery;                           significant intellectual, practical, or clinical content, dealing
    6. five repairs of lacerations in addition to any                   primarily with matters related to midwifery, and its primary
practice on non-human subjects;

Louisiana Administrative Code                     June 2012        74
                                                           Title 46, Part XLV

objective must be to maintain or increase the participant's             Advisory Committee may deem necessary or appropriate to
competence as a midwife.                                                enable it to make the evaluations and provide the
                                                                        recommendations for which the Advisory Committee is
  D. The following programs and activities are illustrative
                                                                        responsible.
of the types of programs and activities which shall be
deemed to be qualifying continuing education activities and               AUTHORITY NOTE: Promulgated in accordance with R.S.
programs for purposes of this Subchapter, provided, in each             37:1270 and 37:3241-3257.
case, that the activity or program meets the standards                    HISTORICAL NOTE: Promulgated by the Department of
prescribed by §2361.A:                                                  Health and Hospitals, Board of Medical Examiners, LR 12:517
                                                                        (August 1986), amended LR 17:779 (August 1991).
    1. attendance at or participation in meetings,                      §2362. Documentation Procedure
conferences, workshops, seminars, or courses, such as
programs conducted, sponsored, or approved for continuing                  A. A form for documenting and certifying the
education credit by the American Medical Association, the               completion of continuing education as required by these
American College of Obstetricians and Gynecologists, the                rules shall be mailed by the board to each licensed midwife
American Nurse Association, the Association of Certified                and apprentice midwife subject to continuing education
Nurse Midwives, and the Midwives Alliance of North                      requirements with the application for renewal of
America;                                                                license/permit form. Such form shall be completed and
                                                                        delivered to the board with the licensed midwife's or
     2. presentation or conduct of a course, seminar, or                apprentice midwife's renewal application.
workshop sponsored by an organization or entity approved
by the board, provided that such presentation is accompanied              B. Certification of continuing education activities shall
by thorough written materials or a comprehensive outline                be referred to the Advisory Committee for its evaluation and
relating to the course, seminar, or workshop;                           recommendations pursuant to §2361.E.2. If the Advisory
                                                                        Committee determines that an activity certified by an
     3. teaching of a course in or directly related to                  applicant for renewal in satisfaction of continuing education
midwifery at an accredited educational institution, provided            requirements does not qualify for recognition by the board or
that such teaching is not performed in the ordinary course of           does not qualify for the number of continuing education
the licensed midwife's or apprentice midwife's usual and                contact hours claimed by the applicant, the board shall give
ordinary employment;                                                    notice of such determination to the applicant for renewal and
     4. publication, in a national, regional, or statewide              the applicant may appeal the Advisory Committee's
scientific journal or other publication of a related profession,        recommendation to the board by written request delivered to
of an original written work, related to the maintenance or              the board within 10 days of such notice. The board's decision
improvement of midwifery knowledge or skills;                           with respect to approval and recognition of any such activity
                                                                        shall be final.
    5. completion of a course of postsecondary, graduate,
or postgraduate study undertaken and completed at an                      AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:1270 and 37:3241-3257.
accredited educational institution;
                                                                          HISTORICAL NOTE: Promulgated by the Department of
    6. assuming responsibility for and discharging                      Health and Hospitals, Board of Medical Examiners, LR 17:779
supervision of an apprentice for not less than six months.              (August 1991).
                                                                        §2363. Failure to Satisfy Continuing Education
   E. The Louisiana Advisory Committee on Midwifery
(the "Advisory Committee") shall have the authority and                        Requirements
responsibility to:                                                         A. An applicant for renewal of a license or permit who
     1. evaluate organizations and entities providing or                fails to evidence satisfaction of the continuing education
offering to provide continuing education programs for                   requirements prescribed by these rules shall be given written
                                                                        notice of such failure by the board. The license or permit of
licensed midwives and apprentice midwives and provide
                                                                        the applicant shall remain in full force and effect for a period
recommendations to the board with respect to the board's
                                                                        of 60 days following the mailing of such notice, following
recognition and approval of such organizations and entities
as sponsors of qualifying continuing education programs and             which it shall be deemed expired, unrenewed, and subject to
activities;                                                             revocation without further notice, unless the applicant shall
                                                                        have, within such 60 days, furnished the board satisfactory
     2. review documentation of continuing education by                 evidence, by affidavit, that:
licensed midwives and apprentice midwives, verify the
                                                                            1. the applicant has satisfied the applicable continuing
accuracy of such information, and evaluate and make
                                                                        education requirements;
recommendations to the board with respect to whether
programs and activities evidenced by applicants for renewal                 2. the applicant is exempt from such requirements
of certification comply with and satisfy the standards for              pursuant to these rules; or
such programs and activities prescribed by these rules; and
                                                                             3. the applicant's failure to satisfy the continuing
     3. request and obtain from applicants for renewal of               education requirements was occasioned by disability, illness,
licenses and permits such additional information as the                 or other good cause as may be determined by the board.


                                                                   75              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  AUTHORITY NOTE: Promulgated in accordance with R.S.                      8. knowingly employing, supervising, or permitting,
37:1270 and 37:3241-3257.                                             directly or indirectly, any person or persons not an
  HISTORICAL NOTE: Promulgated by the Department of                   apprentice or licensed midwife to perform any work covered
Health and Hospitals, Board of Medical Examiners, LR 17:779           by these regulations;
(August 1991).
§2364. Waiver of Requirements                                             9. using or causing or promoting the use of any
                                                                      advertising matter, promotional literature, testimonial, or any
  A. The board may, in its discretion and upon the                    other representation, however disseminated or published,
recommendation of the Advisory Committee, waive all or                which is misleading or untruthful;
part of the continuing education required by these rules in
favor of a licensed midwife or apprentice midwife who                      10. representing that the service or advice of a person
makes written request for such waiver to the board and                licensed to practice medicine will be used or made available
evidences to the satisfaction of the board a permanent                when that is not true or using the words "doctor," or similar
physical disability, illness, financial hardship, or other            words, abbreviations, or symbols so as to connote the
similar extenuating circumstances precluding satisfaction of          medical profession, when such is not the case;
the continuing education requirements.                                    11. permitting another to use the license;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     12. delinquency in submission of application and
37:1270 and 37:3241-3257.
                                                                      supporting documents for license renewal of 30 days or
  HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 17:779           more;
(August 1991).                                                            13. obtaining licensure by means of                 fraud,
         Subchapter I. Prohibitions and                               misrepresentation, or concealment of material facts;

             Revocation of License                                        14. fraud or deceit in connection with services
                                                                      rendered; or
§2365. Unlawful Practice
                                                                          15. violating any lawful order, rule, or regulation
   A. No person shall use in connection with his or her               rendered or adopted by the board.
name or place of business the words "licensed midwife,"
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
"licensed midwife practitioner," the initials "LM," "LMP" or
                                                                      37:1270 and 37:3241-3257.
any other words, letters, or insignia indicating or implying            HISTORICAL NOTE: Promulgated by the Department of
that he or she is a licensed midwife practitioner or represent        Health and Hospitals, Board of Medical Examiners, LR 12:517
himself or herself as such in any way orally, in writing, in          (August 1986), amended LR 17:779 (August 1991).
print, or by sign directly or by implication unless he or she
                                                                      §2369. Penalties
has been licensed as such under the provisions of these
regulations.                                                            A. If a person licensed to practice midwifery under the
                                                                      provisions of these regulations is found guilty of violating
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:3241-3257.                                             any provisions of these regulations, the board may fine the
  HISTORICAL NOTE: Promulgated by the Department of                   midwife a sum of not more than $1,000 and may suspend or
Health and Hospitals, Board of Medical Examiners, LR 12:517           revoke the license of the midwife practitioner.
(August 1986), amended LR 17:779 (August 1991).
                                                                         B. The board may cause an injunction to be issued in any
§2367. Revocation of License                                          court of competent jurisdiction enjoining any person from
  A. The board may refuse to issue, suspend for a definite            violating the provisions of these regulations. In a suit for
period, or revoke a license for any of the following causes:          injunction, the court may issue a fine of not less than $100
                                                                      against any person found in violation of the provisions of
    1.    dereliction of any duty imposed by law;                     these regulations plus court costs and attorney's fees.
    2. incompetence as determined by local midwifery                    AUTHORITY NOTE: Promulgated in accordance with R.S.
standards;                                                            37:1270 and 37:3241-3257.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
    3.    conviction of a felony;                                     Health and Hospitals, Board of Medical Examiners, LR 12:517
     4. practicing while suffering from a communicable                (August 1986), amended LR 17:779 (August 1991).
disease, as defined by R.S. 2:0001, which may be spread to a          §2371. Hearing
pregnant woman or to her newborn child during delivery or
                                                                         A. Any person who is disciplined or denied a license or
after birth;
                                                                      has a license suspended or revoked or is otherwise penalized
    5.    practicing under a false name or alias;                     under these regulations will be notified in writing and
                                                                      afforded the opportunity of a hearing conducted pursuant to
     6. violation of any of the standards of practice set             the Louisiana Administrative Procedure Act.
forth herein;
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
    7.    obtaining any fee by fraud or misrepresentation;            37:1270 and 37:3241-3257.



Louisiana Administrative Code                       June 2012    76
                                                           Title 46, Part XLV

  HISTORICAL NOTE: Promulgated by the Department of                         CoARC―the Commission on Accreditation for
Health and Hospitals, Board of Medical Examiners, LR 12:518             Respiratory Care, or its successor or predecessor
(August 1986), amended LR 17:779 (August 1991).                         organizations.
§2373. Persons Not Affected
                                                                             Good Moral Character―as applied to an applicant,
   A. Any person authorized by the Louisiana State Board                means that an applicant has not, prior to or during the
of Nursing to practice as a certified nurse-midwife in the              pendency of an application to the board, been guilty of any
state shall not be affected by the provisions of these                  act, omission, condition or circumstance which would
regulations.                                                            provide legal cause under R.S. 37:3358 for the denial,
                                                                        suspension or revocation of respiratory care licensure; the
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270 and 37:3241-3257.                                               applicant has not, prior to or in connection with his
  HISTORICAL NOTE: Promulgated by the Department of                     application, made any representation to the board,
Health and Hospitals, Board of Medical Examiners, LR 12:518             knowingly or unknowingly, which is in fact false or
(August 1986), amended LR 17:779 (August 1991).                         misleading as to material fact or omits to state any fact or
                                                                        matter that is material to the application; and the applicant
   Chapter 25. Respiratory Therapists                                   has not made any representation or failed to make a
                                                                        representation or engaged in any act or omission which is
     Subchapter A. General Provisions                                   false, deceptive, fraudulent or misleading in achieving or
§2501. Scope of Chapter                                                 obtaining any of the qualifications for a license required by
                                                                        this Chapter.
  A. The rules of this Chapter govern the licensing of
respiratory therapists in Louisiana.                                         License―the lawful authority to engage in the practice
                                                                        of respiratory therapy in the state of Louisiana, as evidenced
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   by a certificate duly issued by and under the official seal of
37:1270(B)(6) and 37:3351-3361.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                        the board.
Health and Human Resources, Board of Medical Examiners, LR                   Licensed Respiratory Therapist or LRT―a person who
12:767 (November 1986), amended by the Department of Health             is licensed by the board to practice respiratory therapy in
and Hospitals, Board of Medical Examiners, LR 25:2212
                                                                        Louisiana under the qualified medical direction and
(November 1999), LR 38:52 (January 2012).
                                                                        supervision of a licensed physician. The term licensed
§2503. Definitions                                                      respiratory therapist shall be used to signify either a
   A. As used in this Chapter, unless the context clearly               certified or registered respiratory therapist, or a person who
states otherwise, the following terms and phrases shall have            was licensed by the board to practice respiratory care prior
the meanings specified.                                                 to 1991.

    Advisory Committee or Committee—the Respiratory                          Medical Gases―gases commonly used in a respiratory
Therapy Advisory Committee, as established, appointed and               care department in the calibration of respiratory care
organized pursuant to R.S. 37:3356 of the Act.                          equipment and in the diagnostic evaluation and therapeutic
                                                                        management of diseases, including but not restricted to
    American Association for Respiratory Care or AARC―a                 carbon monoxide, carbon dioxide, compressed air, helium,
professional society associated with the respiratory care               nitric oxide, nitrogen, and oxygen.
profession or its successor.
                                                                             National Board for Respiratory Care or NBRC―the
     Applicant―a person who has applied to the board for a              official national credentialing board of the profession, or its
license or permit to practice respiratory therapy in this state.        successor.
   Board―the       Louisiana     State   Board    of   Medical              Nontraditional    Respiratory       Care    Education
Examiners.                                                              Program―a program of studies primarily through
    Certified Respiratory Therapist―also known as a                     correspondence with tutorial assistance and with a clinical
Certified Respiratory Therapy Technician prior to July 1,               component comparable to a traditional program.
1999, means one who is in good standing with, and has                       Physician―a person who is currently licensed by the
successfully completed the entry level credentialing                    board to practice medicine in the state of Louisiana.
examination or its successor administered by the National
Board for Respiratory Care.                                                 Registered Respiratory Therapist―one who is currently
                                                                        in good standing with, and has successfully completed the
     Chest Pulmonary Therapy (CPT)―chest percussion,                    advanced practitioner registry credentialing examination or
postural drainage, chest clapping, chest vibrations,                    its successor administered by the National Board for
bronchopulmonary hygiene and cupping, positive expiratory               Respiratory Care.
therapy (PEP), deep breathing/cough exercise, and
inspiratory muscle training.                                                Respiratory Care―is synonymous with the term
                                                                        respiratory therapy as defined in this Chapter.
                                                                            Respiratory Care Education Program―a program of
                                                                        respiratory therapy studies accredited by the Commission on

                                                                   77              Louisiana Administrative Code          June 2012
                                       PROFESSIONAL AND OCCUPATIONAL STANDARDS

the Accreditation for Respiratory Care (CoARC), or its                     l. performance of specific procedures and
predecessor or successor organizations, including programs           diagnostic testing relative to respiratory therapy that are
formerly accredited by the Commission on Accreditation of            ordered by a physician, advanced practice registered nurse,
Allied Health Education Programs (CAAHEP) in                         or physician assistant to assist in diagnosis, monitoring,
collaboration with CoARC.                                            treatment, and research, including:
     Respiratory Therapy―the allied health specialty                         i.   drawing of arterial, venous, and capillary blood
practiced under the direction and supervision of a physician         samples and other body fluids for analysis to determine
involving the assessment, treatment, testing, monitoring, and        laboratory values to be performed on blood gas
care of persons with deficiencies and abnormalities of the           instrumentation;
cardiopulmonary system. Such therapy includes, but is not
                                                                             ii.   collection of sputum and other body fluids for
limited to, the following activities conducted upon the
                                                                     analysis;
prescription or other order of a physician, advanced practice
registered nurse, or physician assistant howsoever                           iii. procedures involved in patient preparation and
communicated and duly recorded:                                      assisting a physician who is in attendance with invasive
                                                                     procedures related to respiratory therapy, including but not
       a. application and monitoring of oxygen therapy,
                                                                     limited to bronchoscopy, chest tube insertion, and
invasive and non-invasive ventilatory therapy, mechanical
                                                                     tracheotomy;
ventilation, bronchial hygiene therapy and cardiopulmonary
rehabilitation and resuscitation;                                            iv.   measurement of expired gases in the
                                                                     performance of cardiopulmonary function tests common to
      b.    insertion and care of natural and artificial
                                                                     respiratory therapy; and
airways;
                                                                             v.   starting of intravenous lines for the purpose of
       c. institution of any type of physiologic monitoring
                                                                     administering fluids pertinent to the practice of respiratory
applicable to respiratory care, including but not limited to
                                                                     therapy in a special procedure area under the order of a
cardiopulmonary and neurological processes related to such
                                                                     physician, advanced practice registered nurse, or a physician
diseases;
                                                                     assistant;
       d.   insertion and care of peripheral arterial lines;
                                                                            m. transcription and implementation of physician,
       e. administration of non-controlled drugs and                 advanced practice registered nurse, or physician assistant
medications commonly used in respiratory care that have              orders pertinent to the practice of respiratory therapy to be
been dispensed by a pharmacist and prescribed by a                   provided by a licensed respiratory therapist; and
physician, advanced practice registered nurse, or physician
                                                                            n. instruction of patient, family, and caregivers in
assistant to be administered by a licensed respiratory
                                                                     the prevention, management, and therapeutic modalities
therapist as defined in this Chapter. Nothing in this Chapter
                                                                     related to respiratory therapy for patients in any setting.
shall be construed to authorize the administration of
sedatives, hypnotics, anesthetics or paralytic agents, or              Respiratory Therapy Practice Act or the Act―R.S.
intravenous administration of medications, with the                  37:3351-3361, as amended.
exception of the administration of medications necessary
during cardiopulmonary arrest by a licensed respiratory                  United States Government―any department, agency or
therapist certified in advanced cardiac life support (ACLS),         bureau of the United States Armed Forces or Veterans
pediatric advanced life support (PALS), or in a neonatal             Administration.
resuscitation program (NRP);                                            B. Masculine terms wherever used in this Chapter shall
      f. pulmonary assessment, testing techniques, and               also be deemed to include the feminine.
therapy modification required for the implementation of                AUTHORITY NOTE: Promulgated in accordance with R.S.
physician-approved respiratory care protocols;                       37:1270(B)(6) and 37:3351-3361.
                                                                       HISTORICAL NOTE: Promulgated by the Department of
      g. administration     of     medical     gases     and         Health and Human Resources, Board of Medical Examiners, LR
environmental control systems and their apparatus, including         12:767 (November 1986), amended by the Department of Health
hyperbaric oxygen therapy;                                           and Hospitals, Board of Medical Examiners, LR 19:744 (June
                                                                     1993), LR 25:2212 (November 1999), LR 38:52 (January 2012).
       h.   administration of humidity and aerosol therapy;
       i. application of chest pulmonary therapy and
                                                                           Subchapter B. Requirements and
associated broncho-pulmonary hygiene techniques;                             Qualifications for Licensure
       j. institution of physician-approved, patient-driven          §2505. Scope of Subchapter
respiratory therapy protocols in emergency situations in the
                                                                        A. The rules of this Subchapter govern and prescribe the
absence of a physician;
                                                                     requirements, qualifications and conditions requisite to
       k.   supervision of students;                                 eligibility for licensure as a licensed respiratory therapist in
                                                                     the state of Louisiana.


Louisiana Administrative Code                      June 2012    78
                                                        Title 46, Part XLV

  AUTHORITY NOTE: Promulgated in accordance with R.S.                12:767 (November 1986), amended LR 14:87 (February 1988),
37:1270(B)(6) and 37:3351-3361.                                      amended by the Department of Health and Hospitals, Board of
  HISTORICAL NOTE: Promulgated by the Department of                  Medical Examiners, LR 15:271 (April 1989), LR 17:479 (May
Health and Human Resources, Board of Medical Examiners, LR           1991), LR 25:2213 (November 1999), LR 38:54 (January 2012).
12:767 (November 1986), amended by the Department of Health          §2510. Recognition of Respiratory Care Education
and Hospitals, Board of Medical Examiners, LR 25:2213
(November 1999), LR 38:54 (January 2012).                                   Programs
§2507. Requirements for Licensure of Respiratory                       A. Graduation from a respiratory care education
       Therapists                                                    program, or the successful completion of all program
                                                                     requirements established by the NBRC for entry level
  A. To be eligible and qualified to obtain a respiratory            respiratory therapy credentialing, is among the required
therapist license, an applicant shall:                               qualifications for respiratory therapy licensure. This
    1.   be at least 18 years of age;                                qualification shall be deemed to be satisfied if, as of the date
                                                                     of the applicant's graduation, or successful completion of all
    2.   be of good moral character;                                 program requirements established by the NBRC for entry
     3. be a high school graduate or have the equivalent of          level respiratory therapy credentialing, the respiratory
a high school diploma;                                               therapy care education program is accredited by CoARC,
                                                                     including programs formerly accredited by the Commission
    4. be a graduate of a respiratory care education                 on Accreditation of Allied Health Education Programs
program, or have successfully completed all program                  (CAAHEP) in collaboration with CoARC.
requirements established by the NBRC for entry level
respiratory therapy credentialing;                                     B. A respiratory care education program that is not
                                                                     accredited, or whose accreditation has been revoked or
     5. possess current credentials as a certified or                suspended by CoARC, shall be deemed unacceptable to
registered respiratory therapist granted by the National             qualify applicants for licensure in this state.
Board of Respiratory Care or its predecessor or successor
organization;                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                     37:1270(B)(6) and 37:3351-3361.
     6. be a citizen of the United States or possess valid              HISTORICAL NOTE: Promulgated by the Department of
and current legal authority to reside and work in the United         Health and Hospitals, Board of Medical Examiners, LR 19:746
States duly issued by the United States Citizenship and              (June 1993), amended LR 25:2214 (November 1999), LR 38:54
Immigration Services of the United States, Department of             (January 2012).
Homeland Security, under and pursuant to the Immigration             §2511. License by Reciprocity
and Nationality Act (66 Stat. 163) and the regulations
                                                                        A. A person who possesses a current, unrestricted license
thereunder (8 C.F.R.);
                                                                     to practice respiratory therapy issued by the medical
     7. satisfy the applicable fees as prescribed by Chapter         licensing authority of another state, the District of Columbia,
1 of these rules;                                                    or a territory of the United States, shall only be eligible for
                                                                     licensure in this state if the applicant meets all of the
    8. satisfy the procedures and requirements for                   qualifications for licensure specified in §2507 of this
application provided by Subchapter C of this Chapter; and            Subchapter, and satisfies the procedural and other
     9. not be otherwise disqualified for licensure by virtue        requirements specified in Subchapters C and D of this
of the existence of any grounds for denial of licensure as           Chapter, including but not limited to the restriction and
provided by the law or in these rules.                               limitation on examination set forth in §2536 of this Chapter.
  B. An applicant previously licensed to practice                      AUTHORITY NOTE: Promulgated in accordance with R.S.
respiratory therapy in any other state, who has not held such        37:1270(B)(6) and 37:3351-3361.
                                                                       HISTORICAL NOTE: Promulgated by the Department of
a license or been engaged in the practice of respiratory
                                                                     Health and Human Resources, Board of Medical Examiners, LR
therapy for more than four years immediately prior to the            12:767 (November 1986), amended by the Department of Health
date of the application shall, within such four year period,         and Hospitals, Board of Medical Examiners, LR 25:2214
have been re-credentialed with the NBRC by the successful            (November 1999), LR 38:55 (January 2012 ).
passage of the entry level credentialing examination.
                                                                               Subchapter C. Application
  C. The burden of satisfying the board as to the
qualifications and eligibility of the applicant for licensure        §2515. Purpose and Scope
shall be upon the applicant. An applicant shall not be                  A. The rules of this Subchapter govern the procedures
deemed to possess such qualifications unless the applicant           and requirements applicable to application to the board for
demonstrates and evidences such qualification in the manner          licensure of a licensed respiratory therapist in the state of
prescribed by and to the satisfaction of the board.                  Louisiana.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270(B)(6) and 37:3351-3361.
                                                                     37:1270(B)(6) and 37:3351-3361.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR


                                                                79              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  HISTORICAL NOTE: Promulgated by the Department of                    organization to which the applicant has applied for
Health and Human Resources, Board of Medical Examiners, LR             membership, to disclose and release to the board any and all
12:767 (November 1986), amended, Department of Health and              information and documentation concerning the applicant
Hospitals, Board of Medical Examiners, LR 25:2215 (November            which the board deems material to consideration of the
1999), LR 38:55 (January 2012).
                                                                       application. With respect to any such information or
§2517. Application Procedure                                           documentation, the submission of an application for
  A. Application for licensure shall be made in a format               licensure to the board shall equally constitute and operate as
approved by the board.                                                 a consent by the applicant to the disclosure and release of
                                                                       such information and documentation as a waiver by the
  B. Applications and instructions may be obtained from                applicant of any privileges or right of confidentiality which
the board's web page or by personal or written request to the          the applicant would otherwise possess with respect thereto.
board.
                                                                         B. By submission of an application for licensure to the
  C. An application for licensure under this Chapter shall             board, an applicant shall be deemed to have given his
include:                                                               consent to submit to physical or mental examinations if,
                                                                       when, and in the manner so directed by the board if the
     1. proof, documented in a form satisfactory to the
                                                                       board has reasonable grounds to believe that the applicant's
board, that the applicant possesses the qualifications for
                                                                       capacity to act as a respiratory therapist with reasonable skill
licensure set forth in this Chapter;
                                                                       or safety may be compromised by physical or mental
    2.   one recent photograph of the applicant;                       condition, disease or infirmity, and the applicant shall be
                                                                       deemed to have waived all objections as to the admissibility
     3. certification of the truthfulness and authenticity of
                                                                       or disclosure of findings, reports or recommendations
all information, representations and documents contained in
                                                                       pertaining thereto on the grounds of privileges provided by
or submitted with the completed application;
                                                                       law.
    4.   criminal history record information;
                                                                          C. The submission of an application for licensure to the
   5. payment of the applicable fee as provided in                     board shall constitute and operate as an authorization and
Chapter 1 of these rules; and                                          consent by the applicant to the board to disclose any
                                                                       information or documentation set forth in or submitted with
     6. such other information and documentation as is
                                                                       the applicant's application or obtained by the board from
referred to or specified in this Chapter or as the board may
                                                                       other persons, firms, corporations, associations or
require to evidence qualification for licensure.
                                                                       governmental entities pursuant to this Section, to any person,
  D. All documents required to be submitted to the board               firm, corporation, association or governmental entity having
must be the original thereof. For good cause shown, the                a lawful, legitimate and reasonable need therefor, including,
board may waive or modify this requirement.                            without limitation, the respiratory care licensing authority of
                                                                       any state, the National Board for Respiratory Care, the
  E. The board may reject or refuse to consider any                    Louisiana Department of Health and Hospitals, state, county
application which is not complete in every detail, including           or parish and municipal health and law enforcement
submission of every document or item required by the                   agencies and the armed services.
application. The board may, at its discretion, require a more
detailed or complete response to any request for information             AUTHORITY NOTE: Promulgated in accordance with R.S.
set forth in the application as a condition to consideration of        37:1270(B)(6) and 37:3351-3361.
an application.                                                          HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Human Resources, Board of Medical Examiners, LR
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  12:767 (November 1986), amended by the Department of Health
37: 1270(B)(6) and 37:3351-3361.                                       and Hospitals, Board of Medical Examiners, LR 25:2215
  HISTORICAL NOTE: Promulgated by the Department of                    (November 1999), LR 38:55 (January 2012).
Health and Human Resources, Board of Medical Examiners, LR
12:767 (November 1986), amended by the Department of Health                     Subchapter D. Examination
and Hospitals, Board of Medical Examiners, LR 25:2215
(November 1999), LR 38:55 (January 2012).                              §2521. Purpose and Scope
§2519. Effect of Application                                              A. The rules of this Subchapter govern the procedures
                                                                       and requirements applicable to the examination for the
  A. The submission of an application for licensure to the             licensure of respiratory therapists.
board shall constitute and operate as an authorization by the
applicant to each educational institution at which the                   AUTHORITY NOTE: Promulgated in accordance with R.S.
applicant has matriculated, each governmental agency to                37:1270(B)(6) and 37:3351-3361.
                                                                         HISTORICAL NOTE: Promulgated by the Department of
which the applicant has applied for any license, permit,
                                                                       Health and Human Resources, Board of Medical Examiners, LR
certificate or registration, each person, firm, corporation,           12:767 (November 1986), amended by the Department of Health
organization or association by whom or with whom the                   and Hospitals, Board of Medical Examiners, LR 25:2216
applicant has been employed as a respiratory therapist, each           (November 1999), LR 38:56 (January 2012).
physician whom the applicant has consulted or seen for
diagnosis or treatment, and each professional or trade

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                                                         Title 46, Part XLV

§2523. Designation of Examination                                         Subchapter E. Licensure Issuance,
  A. The examinations accepted by the board pursuant to                      Termination, Renewal, and
R.S. 37:3354 are the National Board for Respiratory Care
entry level credentialing examination and the advanced                             Reinstatement
practitioner registry credentialing examination or their              §2540. Issuance of License
successor(s).
                                                                         A. If the qualifications, requirements and procedures
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 prescribed or incorporated in Subchapter B this Chapter are
37:1270(B)(6) and 37:3351-3361.                                       met to the satisfaction of the board, the board shall issue a
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR
                                                                      license to the applicant to practice respiratory therapy in this
12:767 (November 1986), amended by the Department of Health           state.
and Hospitals, Board of Medical Examiners, LR 25:2216                   AUTHORITY NOTE: Promulgated in accordance with R.S.
(November 1999), LR 38:56 (January 2012).                             37:1270(B)(6) and 37:3351-3361.
§2536. Restriction, Limitation on Examination                           HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Hospitals, Board of Medical Examiners, LR 25:2218
   A. An applicant who failed to obtain a passing score               (November 1999), LR 38:57 (January 2012).
upon taking the entry level credentialing examination                 §2541. Expiration of License
offered by the NBRC four times shall be ineligible for
licensure under this Chapter.                                           A. Every license issued by the board under this Chapter
                                                                      shall expire, and thereby become null, void and to no effect
   B. An applicant who is ineligible for licensure pursuant           each year on the last day of the month in which the licensee
to Subsection A of this Section, shall regain licensure               was born.
eligibility upon the successful completion of the advanced
practitioner registry credentialing examination offered by the          AUTHORITY NOTE: Promulgated in accordance with R.S.
NBRC; provided, however, that an applicant who fails to               37:1270(B)(6) and 37:3351-3361.
achieve a passing score upon four attempts of either part of            HISTORICAL NOTE: Promulgated by the Department of
                                                                      Health and Human Resources, Board of Medical Examiners, LR
such examination shall not thereafter be considered eligible
                                                                      12:767 (November 1986), amended by the Department of Health
for licensing.                                                        and Hospitals, Board of Medical Examiners, LR 22:1218
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 (December 1996), LR 24:1502 (August 1998), LR 25:2218
37:1270(B)(6) and 37:3351-3361.                                       (November 1999), LR 38:57 (January 2012).
  HISTORICAL NOTE: Promulgated by the Department of                   §2543. Renewal of License
Health and Human Resources, Board of Medical Examiners, LR
12:767 (November 1986), amended LR 14:87 (February 1988),               A. Every license issued by the board under this
amended by the Department of Health and Hospitals, Board of           Subchapter shall be renewed annually on or before the last
Medical Examiners, LR 17:479 (May 1991), LR 25:2217                   day of the month in which the licensee was born by
(November 1999), LR 38:56 (January 2012).                             submitting to the board:
§2537. Passing Score                                                      1.   a renewal application in a format prescribed by the
  A. An applicant will be deemed to have successfully                 board;
passed a credentialing examination if he attains a score
                                                                           2. the renewal fee prescribed in Chapter 1 of these
equivalent to that required by the National Board for
                                                                      rules; and
Respiratory Care as a passing score.
                                                                          3. documentation of not less than ten contact hours of
   B. Applicants for licensure shall be required to authorize
                                                                      approved continuing professional education within the past
the National Board for Respiratory Care to release their test
                                                                      twelve months as prescribed by Subchapter G of these rules.
scores to the board each time the applicant-examinee
attempts the examination according to the procedures for                B. Renewal applications and instructions may be
such notification established by the National Board for               obtained from the board's web page or upon personal or
Respiratory Care.                                                     written request to the board.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270(B)(6) and 37:3351-3361.                                       37:1270(B)(6) and 37:3351-3361.
  HISTORICAL NOTE: Promulgated by the Department of                     HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR            Health and Human Resources, Board of Medical Examiners, LR
12:767 (November 1986), amended by the Department of Health           12:767 (November 1986), amended by the Department of Health
and Hospitals, Board of Medical Examiners, LR 25:2217                 and Hospitals, Board of Medical Examiners, LR 22:1218
(November 1999), LR 38:56 (January 2012).                             (December 1996), LR 24:1502 (August 1998), LR 25:2218
                                                                      (November 1999), LR 38:57 (January 2012).
                                                                      §2545. Reinstatement of License
                                                                        A. A license which has expired may be reinstated by the
                                                                      board subject to the conditions and procedures hereinafter
                                                                      provided.

                                                                 81              Louisiana Administrative Code           June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

   B. An application for reinstatement shall be submitted in          or the successful completion of all program requirements
a format approved by the board and be accompanied by:                 established by the NBRC for entry level respiratory therapy
                                                                      credentialing. Exceptions may be made at the discretion of
    1.   a statistical affidavit in a form provided by the
                                                                      the board.
board;
                                                                           2. An examination permit shall be effective for 6
    2.   a recent photograph;
                                                                      months and shall expire and become null and void on the
     3. proof of ten hours of approved continuing                     earlier of:
professional education for each year that the license lapsed,
                                                                             a.   six months from the date of issuance;
up to a total of thirty hours, as set forth in Subchapter G of
this Chapter;                                                                b. the date on which the board takes action on the
                                                                      application following notice of:
     4. such other information and documentation as is
referred to or specified in this Chapter or as the board may                i.   the applicant's successful completion of the
require to evidence qualification for licensure; and                  NBRC credentialing examination; or
     5. the renewal fee set forth in Chapter 1 of these rules,                ii. the applicant's fourth unsuccessful attempt to
plus a penalty computed as follows:                                   pass the NBRC entry level credentialing examination.
       a. if the application for reinstatement is made less                3. An examination permit shall not be renewed but
than two years from the date of license expiration, the               may be extended only once for a maximum period of 3
penalty shall be equal to the renewal fee;                            months based on an appeal identifying extenuating
                                                                      circumstances. Such an appeal shall be submitted to the
       b. if the application for reinstatement is made more
                                                                      board in writing at least thirty days prior to the expiration of
than two years from the date of license expiration, the
                                                                      the examination permit. Requests for an extension may be
penalty shall be equal to twice the renewal fee.
                                                                      referred to the advisory committee for review and
  C. An applicant who has not been licensed to practice               recommendation to the board. The advisory committee or
respiratory therapy or engaged in the practice of respiratory         the board may require additional documents from the
therapy in any state for more than four years immediately             licensee including, but not limited to:
prior to the date of the application shall, within such four
                                                                             a.   licensing examination results for all attempts;
year period, have been re-credentialed with the NBRC by
the successful passage of the entry level credentialing                     b. evidence of having attended              entry   level
examination. Such an applicant shall not be required to               examination review courses; and/or
furnish evidence of continuing professional education as
                                                                              c. proof of extenuating circumstances preventing
otherwise required by §2545.B.3.
                                                                      the licensee from attempting the licensing examination.
   AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270(B)(6) and 37:3351-3361.                                            4. An examination permit that is extended under this
   HISTORICAL NOTE: Promulgated by the Department of                  Subsection shall be effective for not more than 3 months and
Health and Human Resources, Board of Medical Examiners, LR            shall, in any event, expire and become null and void on the
12:767 (November 1986), amended by the Department of Health           earlier of:
and Hospitals, Board of Medical Examiners, LR 22:1218
(December 1996), LR 25:2218 (November 1999), LR 38:57                        a.   three months from the date of issuance;
(January 2012).                                                              b. the date on which the board takes action on the
§2547. Temporary License                                              application following notice of:
   A. The board may issue a 6-month temporary license,                      i.   the applicant's successful completion of the
also known and designated as an "examination permit," to an           NBRC credentialing examination; or
individual who has made application to the board for a
license as a respiratory therapist under the following terms                  ii. the applicant's fourth unsuccessful attempt to
and conditions.                                                       pass the NBRC entry level credentialing examination.

    1. To be eligible for a 6-month examination permit an               B. The maximum term of an examination permit shall be
applicant shall:                                                      reduced by any amount of time that an applicant held a
                                                                      temporary work permit issued under this Subchapter.
       a. be qualified for respiratory therapy licensure
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
under §2507.A, except for having taken and passed the                 37:1270(B)(6) and 37:3351-3361.
required NBRC credentialing examination;                                HISTORICAL NOTE: Promulgated by the Department of
       b. have taken, or made application to take, the                Health and Human Resources, Board of Medical Examiners, LR
                                                                      12:767 (November 1986), amended by the Department of Health
required NBRC credentialing examination and be awaiting
                                                                      and Hospitals, Board of Medical Examiners, LR 15:271 (April
the administration and/or reporting of scores thereon; and            1989), LR 17:480 (May 1991), LR 19:746 (June 1993), LR
       c. have applied within one year of the applicant's             25:2218 (November 1999), LR 38:57 (January 2012).
date of graduation from a respiratory care education program

Louisiana Administrative Code                   June 2012        82
                                                         Title 46, Part XLV

§2548. Temporary Work Permit                                               9. perform such other functions and provide such
                                                                      additional advice and recommendations as may be requested
  A. The board may grant a temporary work permit to
                                                                      by the board; and
practice, effective for a period of 60 days, to an applicant
who has made application to the board for a license as a                   10. receive reimbursement in the amount of fifty
respiratory therapist, who:                                           dollars per day for attendance at meetings of the advisory
                                                                      committee and other activities and expenses specifically
     1. is currently credentialed in respiratory therapy by
                                                                      authorized by the board.
the NBRC, and who is not otherwise demonstrably ineligible
for licensure under §2507.A of these rules; or                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      37:1270(B)(6) and 37:3351-3361.
    2. satisfies the criteria for a temporary license                    HISTORICAL NOTE: Promulgated by the Department of
(examination permit) specified by §2547 of these rules.               Health and Hospitals, Board of Medical Examiners, LR 19:747
                                                                      (June 1993), amended LR 25:2219 (November 1999), LR 38:58
  B. A work permit issued under this Subsection may not               (January 2012).
be extended or renewed beyond its initial term.
                                                                      §2551. Delegation of Authority
   C. An applicant who is granted a 6-month temporary
license (examination permit) under this Subchapter shall be             A. Authority is hereby delegated to the Advisory
ineligible for subsequent consideration for a temporary work          Committee on Respiratory Care to:
permit.                                                                   1. monitor all respiratory care education programs
   AUTHORITY NOTE: Promulgated in accordance with R.S.                located in this state for the purpose of reporting and making
37:1270(B)(6) and 37:3351-3361.                                       recommendations to the board. To facilitate its responsibility
   HISTORICAL NOTE: Promulgated by the Department of                  committee may, among other items:
Health and Hospitals, Board of Medical Examiners, LR 38:58
(January 2012).                                                              a. survey, by site visit or otherwise, programs and
                                                                      their affiliated hospitals, other institutions and associated
   Subchapter F. Advisory Committee                                   clinical training sites;
         on Respiratory Care                                                 b. request and obtain information from students,
                                                                      instructors, administrators or others associated with any
§2549. Organization; Authority
                                                                      hospital or clinical affiliate involved in such programs;
  A. The Advisory Committee on Respiratory Care (the
                                                                              c. track   enrollment,    attrition,   and   retention
"committee"), as established, appointed and organized
                                                                      statistics;
pursuant to R.S. 37:3356 of the Act is hereby recognized by
the board.                                                                   d. trend NBRC examination passage rates and
                                                                      scores; and
  B. The committee shall:
                                                                            e. request information regarding           examination
    1.   have such authority as is accorded to it by the Act;
                                                                      passage and scores from the NBRC.
    2.   function and meet as prescribed by the Act;
                                                                           2. assist the board in the review of applicants'
    3. monitor respiratory care education and training                satisfaction   of    continuing    professional    education
programs conducted in the state of Louisiana;                         requirements for renewal of licensure under this Chapter.
     4. advise the board on issues affecting the licensing of            B. To carry out its duties of §2551.A.2, the Advisory
respiratory therapists and regulation of respiratory care in          Committee is authorized to advise and assist the board in the
the state of Louisiana;                                               review and approval of continuing professional education
                                                                      programs and licensee satisfaction of continuing
    5. provide advice and recommendations to the board
                                                                      professional education requirements for renewal of
respecting    the     modification,     amendment        and
                                                                      licensure, as prescribed by Subchapter G of this Chapter,
supplementation of rules and regulations, standards, policies
                                                                      including the authority and responsibility to:
and procedures respecting respiratory care licensure and
practice;                                                                 1. evaluate organizations and entities providing
                                                                      continuing professional education programs for all licensed
     6. serve as liaison between and among the board,
                                                                      respiratory therapists and provide recommendations to the
licensed    respiratory  therapists, and  professional
                                                                      board on approval of such organizations and entities as
organizations;
                                                                      sponsors of qualifying continuing professional education
    7. have authority to review and advise the board on               programs and activities pursuant to §2559 of these rules;
requests for extension of temporary licenses (examination
                                                                           2. request and obtain from continuing professional
permits) and applications for license reinstatement;
                                                                      education sponsoring organizations any information
     8. conduct audits on applications to ensure                      necessary to properly evaluate and make informed
satisfactory completion of continuing education and                   recommendations to the board relative to the appropriateness
competency as specified by the board's rules;                         of the educational program;


                                                                 83             Louisiana Administrative Code          June 2012
                                    PROFESSIONAL AND OCCUPATIONAL STANDARDS

     3. review renewal applications selected for audit of             in §2559 of these rules, or their successors, or the advisory
continuing professional education or referred by the board to         committee.
verify the accuracy of documentation and make
                                                                        B. For purposes of this Section, one contact hour of
recommendations to the board with respect to whether
                                                                      continuing professional education credit is equivalent to 50
programs and activities evidenced by applicants for renewal
                                                                      minutes of qualifying lecture, laboratory practice, on-line
of licensure comply with and satisfy the standards prescribed
                                                                      course or workshop instruction on topics pertaining to the
by these rules; and
                                                                      respiratory care profession.
     4. request and obtain from applicants for renewal of
                                                                        AUTHORITY NOTE: Promulgated in accordance with R.S.
licensure, as well as those referred by the board, such               37:3357(D) and 37;1270(B)(6).
additional information as the advisory committee may deem               HISTORICAL NOTE: Promulgated by the Department of
necessary or appropriate to enable it to make the evaluations         Health and Hospitals, Board of Medical Examiners, LR 22:1219
and provide the recommendations for which the committee               (December 1996), amended LR 25:2220 (November 1999), LR
is responsible.                                                       38:59 (January 2012).

  C. In discharging the functions authorized under this               §2557. Qualifying Continuing Professional Education
Section the advisory committee and the individual members                    Programs
thereof shall, when acting within the scope of such authority,          A. To be acceptable as qualifying continuing
be deemed agents of the board. All information obtained by            professional education under these rules, a program shall:
the advisory committee members pursuant to this Subchapter
shall be considered confidential. Advisory committee                      1. have significant and substantial intellectual or
members are prohibited from communicating, disclosing or              practical content dealing principally with matters germane
in any way releasing to anyone, other than the board, any             and relevant to the practice of respiratory care;
information or documents obtained when acting as agents of                 2. have pre-established written goals and objectives,
the board without first obtaining written authorization from          with its primary objective being to maintain or increase the
the board.                                                            participant's competence in the practice of respiratory care;
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    3. be presented by persons whose knowledge and/or
37:3351-3361, 37:1270(B)(6) and 37:3357.
   HISTORICAL NOTE: Promulgated by the Department of
                                                                      professional experience is appropriate and sufficient to the
Health and Hospitals, Board of Medical Examiners, LR 19:747           subject matter of the presentation and is up to date;
(June 1993), amended LR 22:1219 (December 1996), LR 25:2219                4. provide a system or method for verification of
(November 1999), LR 38:58 (January 2012).
                                                                      attendance or course completion;
           Subchapter G. Continuing                                        5. be a minimum of 50 continuous minutes in length
            Professional Education                                    for each contact hour of credit; and
§2553. Scope of Subchapter                                                 6. allow participants an opportunity to ask questions
                                                                      on the content presented.
  A. The rules of this Subchapter provide standards for the
continuing professional education requisite to the annual               B. Other approved continuing professional education
renewal of licensure as a licensed respiratory therapist, as          activities include:
required by §2543 and §2555 of these rules, and prescribe                 1. earning a grade of "C" or better in a college or
the procedures applicable to satisfaction and documentation           university science course required to earn a degree in
of continuing professional education in connection with               cardiopulmonary science or respiratory care, or a grade of
application for renewal of licensure.                                 "pass" in a pass/fail course. One credited semester hour will
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 be deemed to equal 15 contact hours;
37:3357(D) and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                       2. programs on advanced cardiac life support (ACLS),
Health and Hospitals, Board of Medical Examiners, LR 22:1219          pediatric advanced life support (PALS) or neonatal advanced
(December 1996), amended LR 25:2220 (November 1999), LR               resuscitation program (NRP), or their successors, each of
38:59 (January 2012).                                                 which will equal 5 contact hours;
§2555. Continuing Professional Educational                                3. any initial instructor course taken in preparation for
       Requirement                                                    teaching ACLS, PALS, NRP, or asthma educator (AE-C) or
  A. Subject to the exceptions specified in §2569 of this             any other future instructor course sanctioned by the AARC,
Subchapter, to be eligible for renewal of licensure a                 each of which will equal to 5 contact hours;
respiratory therapists shall, within each year during which he             4. initial credentialing with the NBRC as a certified or
holds a license, evidence and document, upon forms or in              registered respiratory therapist or another specialty
another format acceptable to the board, the successful                examination administered by the NBRC, with each
completion of not less than 10 contact hours of continuing            credential equal to 10 contact hours;
professional education sanctioned by the American
Association of Respiratory Care, the organizations identified

Louisiana Administrative Code                   June 2012        84
                                                         Title 46, Part XLV

    5. initial credentialing as a certified or registered             (AAP), the American College of Chest Physicians (ACCP),
cardiovascular technologist, asthma educator or other                 the American Thoracic Society (ATS), the Louisiana
specialty credential granted by the NBRC, with each                   Department of Health and Hospitals (DHH), the Louisiana
credential equal to 10 contact hours;                                 Hospital Association (LHA), or the Joint Commission on
                                                                      Accreditation of Healthcare Organizations (JCAHO) .
     6. successful completion of any NBRC re-
credentialing examination, with each such examination equal             B. Upon the recommendation of the advisory committee,
to 10 contact hours;                                                  or on its own motion, the board may designate additional
                                                                      organizations and entities whose programs, courses,
     7. respiratory care-related lecture, seminar, workshop,
                                                                      seminars, workshops, or other activities shall be deemed
home study, on-line, or correspondence courses approved by
                                                                      approved by the board for purposes of qualifying as an
either the AARC or the advisory committee, pursuant to the
                                                                      approved continuing professional education program under
criteria set forth in §2561 of these rules.
                                                                      §2557 or §2559.
  C. None of the following programs, seminars or                        AUTHORITY NOTE: Promulgated in accordance with R.S.
activities shall be deemed to qualify as acceptable                   37:3357(D) and 37:1270(B)(6).
continuing professional education programs under these                  HISTORICAL NOTE: Promulgated by the Department of
rules:                                                                Health and Hospitals, Board of Medical Examiners, LR 22:1220
                                                                      (December 1996), amended LR 25:2221 (November 1999), LR
     1. any program not meeting the standards prescribed              38:60 (January 2012).
by this Section;
                                                                      §2561. Approval of Program
     2. any independent/home study correspondence, on-
line, lecture, workshop, program or seminar that is not                  A. A continuing professional education program or
approved or sponsored by the AARC or the advisory                     activity sponsored by an organization or entity that is not
committee pursuant to the criteria set forth in §2561 of these        approved by the board pursuant to §2557 or 2559 must be
rules;                                                                evaluated and approved by the advisory committee in order
                                                                      to be accepted for purposes of meeting the continuing
    3. in-service education provided           by   a    sales        professional education requirement for annual renewal of
representative unless approved by AARC;                               licensure. To be considered for approval the sponsoring
    4. teaching, training or supervisory activities not               organization or entity shall submit a written request to the
specifically included in §2557.B;                                     board. For each continuing professional educational program
                                                                      presented for consideration the following shall be provided:
    5. holding office in professional or governmental
organizations, agencies or committees;                                    1.    a list of course goals and objectives for each topic;

    6. participation in case conferences,            informal              2.   a course agenda displaying the lecture time for each
presentations, or in service activities;                              topic;

    7. giving or authoring verbal or written presentations,               3.    a curriculum vitae for each speaker;
seminars or articles or grant applications;                               4. information on the location, date(s), and target
    8.   passing basic life support (BCLS); and                       audience;

    9. any program, presentation, seminar, or course not                  5. a copy of the evaluation form used for the overall
providing the participant an opportunity to ask questions or          program topics and speakers; and
seek clarification of matters pertaining to the content                   6. such other information as the advisory committee
presented.                                                            may request to establish the compliance of such program
  AUTHORITY NOTE: Promulgated in accordance with R.S.                 with the standards prescribed by §2557 or 2559.
37:3357(D) and 37:1270(B)(6).                                            B. A request for pre-approval of a continuing
  HISTORICAL NOTE: Promulgated by the Department of
                                                                      professional education program shall be submitted in a
Health and Hospitals, Board of Medical Examiners, LR 22:1220
(December 1996), amended LR 25:2220 (November 1999), LR
                                                                      format approved by the board not less than 60 days in
38:59 (January 2012).                                                 advance of the event. Any such request for pre-approval
                                                                      respecting a program which makes and collects a charge for
§2559. Approval of Program Sponsors                                   attendance shall be accompanied by a nonrefundable
  A. Any program, course, seminar, workshop or other                  processing fee of $30.
activity meeting the standards prescribed by §2557 shall be             C. Any such written request shall be referred by the
deemed approved for purposes of satisfying continuing                 board to the advisory committee for evaluation and approval.
education requirements under this Subchapter, if sponsored
or offered by one of the following organizations: the                   D. If the recommendation is against the approval, the
American Association for Respiratory Care (AARC), the                 board or the advisory committee shall give notice of such
Louisiana Society for Respiratory Care (LSRC), the                    recommendation to the person or organization requesting
American Lung Association (ALA), the American Heart                   approval. An appeal may be submitted to the board by
Association (AHA), the American Academy of Pediatrics                 written request, accompanied by all information required by

                                                                 85              Louisiana Administrative Code           June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

Subsection A of this Section within 10 days of such notice.             of the applicant shall remain in full force and effect for a
The board's decision with respect to approval of any such               period of 90 days following the mailing of such notice,
activity shall be final.                                                following which it shall be deemed expired, unrenewed and
                                                                        subject to suspension or revocation without further notice,
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3357(D) and 37:1270(B)(6).                                           unless the applicant shall have, within such 90 days,
  HISTORICAL NOTE: Promulgated by the Department of                     furnished the board satisfactory evidence by affidavit that:
Health and Hospitals, Board of Medical Examiners, LR 22:1221                1. the applicant has satisfied the applicable continuing
(December 1996), amended LR 25:2221 (November 1999), LR
38:60 January 2012).
                                                                        professional education requirements;
§2563. Documentation Procedure                                              2. the applicant is exempt from such requirements
                                                                        pursuant to these rules; or
   A. Annual documentation and certification of
satisfaction of the continuing professional education                        3. the applicant's failure to satisfy the continuing
requirements prescribed by these rules shall accompany a                professional education requirements was occasioned by
licensed respiratory therapist's application for renewal of             disability, illness or other good cause as may be determined
licensure pursuant to §2543 of these rules.                             by the board pursuant to §2567.
  B. A licensed respiratory therapist shall maintain a                     B. The license of a licensed respiratory therapist whose
record or certificate of attendance for at least four years from        license has expired by nonrenewal or has been suspended or
the date of completion of the continuing professional                   revoked for failure to satisfy the continuing professional
education program.                                                      education requirements of this Subchapter may be reinstated
                                                                        by the board upon application to the board pursuant to §2545
   C. The board or advisory committee shall randomly                    of this Chapter, accompanied by payment of a reinstatement
select for audit no fewer than 3 percent of the licensees each          fee, together with documentation and certification that the
year for an audit of continuing education activities. In                applicant has, for each calendar year since the date on which
addition, the board or advisory committee has the right to              the applicant's license lapsed, expired, or was suspended or
audit any questionable documentation of activities.                     revoked, completed an aggregate of 10 contact hours of
Verification shall be submitted within 30 days of the                   qualifying continuing professional education.
notification of audit. A licensee's failure to notify the board
of a change of mailing address will not absolve the licensee              C. Any licensee who falsely certifies attendance and/or
from the audit requirement.                                             completion of the required continuing education requirement
                                                                        will be subject to disciplinary action by the board.
  D. Any certification of continuing professional education
not presumptively approved in writing by the board,                       AUTHORITY NOTE: Promulgated in accordance with R.S.
pursuant to §2557 or 2559 of these rules, or pre-approved by            37:3357(D) and 37:1270(B)(6).
                                                                          HISTORICAL NOTE: Promulgated by the Department of
the advisory committee, pursuant to §2561, shall be referred
                                                                        Health and Hospitals, Board of Medical Examiners, LR 22:1221
to the advisory committee for its evaluation and                        (December 1996), amended LR 24:1502 (August 1998), LR
recommendations prior to licensure denial or renewal.                   25:2222 (November 1999), LR 38:61 (January 2012).
  E. If the advisory committee determines that a                        §2567. Waiver of Requirements
continuing professional education program or activity listed
                                                                          A. The board may, in its discretion upon the
by an applicant for renewal does not qualify for recognition
                                                                        recommendation of the advisory committee, waive all or part
by the board or does not qualify for the number of contact
                                                                        of the continuing professional education required by these
hours claimed by the applicant, the board shall give notice of
                                                                        rules in favor of a respiratory therapist who makes a written
such determination to the applicant. An applicant may appeal
                                                                        request for such waiver to the board and evidences to its
the advisory committee's recommendation to the board by
                                                                        satisfaction a permanent physical disability, illness, financial
written request delivered to the board within 10 days of such
                                                                        hardship or other similar extenuating circumstances
notice. The board's decision with respect to approval and
                                                                        precluding the individual's satisfaction of the continuing
recognition of such program or activity shall be final.
                                                                        professional education requirement. Any licensed respiratory
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   therapist submitting a continuing professional education
37:3357(D) and 37:1270(B)(6).                                           waiver request is required to do so on or before the date
  HISTORICAL NOTE: Promulgated by the Department of                     specified for the renewal of the licensee's license by §2543.
Health and Hospitals, Board of Medical Examiners, LR 22:1221            Any request received by the board past the date for licensure
(December 1996), amended LR 25:2222 (November 1999), LR
38:60 (January 2012).
                                                                        renewal will not be considered for waiver but, rather, in
                                                                        accordance with the provisions of §2565.
§2565. Failure to Satisfy Continuing Professional
       Education Requirements                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        37:3357(D) and 37:1270(B)(6).
  A. An applicant for renewal of licensure who fails to                   HISTORICAL NOTE: Promulgated by the Department of
evidence satisfaction of the continuing professional                    Health and Hospitals, Board of Medical Examiners, LR 22:1222
education requirements prescribed by these rules shall be               (December 1996), amended LR 25:2222 (November 1999), LR
given written notice of such failure by the board. The license          38:61 (January 2012).


Louisiana Administrative Code                     June 2012        86
                                                           Title 46, Part XLV

§2569. Exceptions to the Continuing Professional                         licensed respiratory therapist or a physician who actively
       Education Requirements                                            practices respiratory care, as provided in this Section.
  A. The continuing professional education requirements                    B. A licensed respiratory therapist or a physician who
prescribed by this Subchapter for renewal of licensure shall             undertakes to supervise a student shall:
not be applicable to:                                                         1. undertake to concurrently supervise not more than
     1. a respiratory therapist employed exclusively by, or              four students;
at an institution operated by the United States Government;
                                                                             2. personally evaluate every patient prior to the
or
                                                                         provision of any respiratory care treatment or procedure by a
     2. a respiratory therapist who has within the twelve                student;
months prior to the date of renewal, been credentialed or                     3. assign to a student only such respiratory care
recredentialed by the NBRC on the basis of examination.                  measures, treatments, procedures and functions as such
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   licensed respiratory therapist or physician has documented
37:3357(D) and 37:1270(B)(6).                                            that the student by education and training is capable of
   HISTORICAL NOTE: Promulgated by the Department of                     performing safely and effectively;
Health and Hospitals, Board of Medical Examiners, LR 22:1222
(December 1996), amended LR 25:2222 (November 1999), 38:61                    4. provide continuous and immediate on-premises
(January 2012).                                                          direction to and supervision of a student and be readily
                                                                         available at all times to provide advice, instruction, and
         Subchapter H. Supervision of                                    assistance to the student and to the patient during respiratory
                  Students                                               care treatment given by a student;
§2571. Scope of Subchapter [Formerly §5511]                                   5. not permit a student to perform any invasive
                                                                         procedure or any life-sustaining or critical respiratory care,
   A. The rules of this Subchapter prescribe certain                     including therapeutic, diagnostic or palliative procedures,
restrictions on and requirements for supervision of students             except under the direct and immediate supervision, and in
enrolled in a respiratory care education program as that term            the physical presence of, the supervising therapist and/or
is defined in these rules.                                               physician; and
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270(B)(6) and 37:3351-3361.
                                                                              6. provide and perform periodic evaluation of every
  HISTORICAL NOTE: Promulgated by the Department of                      patient administered to by a student and make modifications
Health and Human Resources, Board of Medical Examiners, LR               and adjustments in the patient's respiratory care treatment
12:767 (November 1986), repromulgated by the Department of               plan, including those portions of the treatment plan assigned
Health and Hospitals, Board of Medical Examiners, LR 25:2224             to the student.
(November 1999), LR 38:61 (January 2012).
                                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
§2573. Student Participation in Clinical Training                        37:1270(B)(6) and 37:3351-3361.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
   A. A student or trainee providing respiratory care to                 Health and Human Resources, Board of Medical Examiners, LR
patients as permitted by R.S. 37:3361(3) in the course of a              12:767 (November 1986), amended by the Department of Health
student's clinical training shall:                                       and Hospitals, Board of Medical Examiners, LR 19:748 (June
                                                                         1993), LR 25:2224 (November 1999), LR 38:62 (January 2012).
    1. be supervised in accordance with the provisions of
§2575 of this Subchapter;                                                        Chapter 29. Private Radiologic
     2. be identified to patients and licensed practitioners                             Technologists
by title or otherwise which clearly designates the student's
status as a student or trainee; and                                             Subchapter A. General Provisions
    3. not be compensated monetarily for services                        §2901. Scope
rendered   during     their   education processes for
cardiopulmonary clinical experiences.                                      A. The rules of this Chapter govern the certification as to
                                                                         proficiency of private radiologic technologists to perform
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   diagnostic or therapeutic radiological examinations or both
37:1270(B)(6) and 37:3351-3361.                                          in the private office of a physician or in clinics in which a
   HISTORICAL NOTE: Promulgated by the Department of                     physician practices as provided under R.S. 37:1292, as
Health and Hospitals, Board of Medical Examiners, LR 38:61
                                                                         hereafter amended or supplemented.
(January 2012).
§2575. Supervision of Student [Formerly §5515]                             AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         37:1270(B)(6) and 37:1292.
  A. A person pursuing a course of study leading to                        HISTORICAL NOTE: Promulgated by the Department of
certification or registry in respiratory care shall engage in the        Health and Human Resources, Board of Medical Examiners, LR
practice of respiratory care only under the supervision of a             13:574 (October 1987).




                                                                    87              Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

§2903. General Definitions                                              knowingly or unknowingly, which is in fact false or
                                                                        misleading as to a material fact or omits to state any fact or
     Applicant―a person who has applied to the board for a
                                                                        matter that is material to the application; and
certificate to perform diagnostic or therapeutic radiological
examinations or treatments or both in the private office of a                   c. the applicant has not made any representation or
physician or in clinics in which a physician practices and              failed to make a prepresentation or engaged in any act or
under the direct supervision of a physician licensed to                 omission which is false, deceptive, fraudulent, or misleading
practice medicine by the board.                                         in achieving or obtaining any of the qualifications for
                                                                        certification required by this Chapter.
     Application―a written request directed to and received
by the board upon forms supplied by the board, for a                         Ionizing Radiation―any electromagnetic or particulate
certificate to perform radiological examinations or                     radiation (X-rays, gamma rays, alpha and beta particles, high
treatments in the private office of a physician or in clinics in        speed electrons, neutrons, and other nuclear particles) which
which a physician practices in the state of Louisiana,                  interacts to produce ion pairs in matter.
together with all information, certificates, documents, and
                                                                            Physician―a person possessing a current license to
other materials required by the board.
                                                                        practice medicine in the state of Louisiana.
    Board―the Louisiana State Board of Medical
                                                                            Private Nuclear Medicine Technologist―a private
Examiners created pursuant to R.S. 37:1261-1291, as
                                                                        radiologic technologist who conducts in vivo or in vitro
hereafter amended or supplemented,
                                                                        detection and measurement of radioactivity for medical
     Certificate―the lawful authority of a person to use                purposes or administers radiopharmaceuticals to human
radioactive materials or equipment emitting or detecting                beings.
ionizing radiation on humans to perform a diagnostic or
                                                                             Private Radiologic Technologist―a person who is
therapeutic examination or treatment or both in the private
                                                                        authorized to perform radiological examinations or treatment
office of a physician or in a clinic in which a physician
                                                                        or both in the private office of a physician or in clinics in
practices and under the direct supervision of a physician
                                                                        which a physician practices and under the direct supervision
licensed to practice medicine by the board, said authority
                                                                        of a physician.
being evidenced by a certificate of proficiency duly issued
by and under the official seal of the board.                                Private Radiation Therapy Technologist―a private
                                                                        radiologic technologist who utilizes radiation-generating
    Clinic―a facility where patients are studied or treated
                                                                        equipment for therapeutic purposes on human beings.
on an outpatient basis by physicians specializing in various
or particular ailments and practicing as a group.                            Private      Radiographer―a         private    radiologic
                                                                        technologist who performs a comprehensive scope of
     Direct Supervision of a Physician―pursuant to specific
                                                                        diagnostic radiological procedures employing equipment
instructions, oral or in writing, or otherwise according to
                                                                        which emits ionizing radiation and is responsible for
prescription given directly by the physician to the private
                                                                        operation of radiation generating equipment, the shielding of
radiologic technologist.
                                                                        patient and staff from unnecessary radiation, the appropriate
     Education Program―a set of formally structured                     exposure of radiographs, or other procedures which
activities designed to provide students with the knowledge              contribute to any significant extent to the site or dosage of
and skills necessary to perform diagnostic or therapeutic               ionizing radiation to which a patient is exposed.
radiological examinations or treatments or both, with
                                                                             Radiologic Technology Board of Examiners―agency
evaluation of student performance according to
                                                                        created pursuant to R.S. 37:3200-3219, as hereafter amended
predetermined objectives.
                                                                        or supplemented.
     Formal Training―training or education, including
                                                                             Radiological Examination or Treatment―the use of
either didactic or clinical practicum or both, which has a
                                                                        radioactive materials or of equipment emitting or detecting
specified objective, planned activities for students, and
                                                                        ionizing radiation on humans for diagnostic or therapeutic
suitable methods for measuring student attainment, and
                                                                        purposes under direct prescription and supervision or a
which is offered, sponsored, or approved by an organization
                                                                        physician.
or institution able to meet or enforce these criteria.
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
   Good Moral Character―as applied to an applicant,                     37:1270(B)(6) and 37:1292.
means that:                                                               HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Human Resources, Board of Medical Examiners, LR
      a. the applicant has not, prior to or during the
                                                                        13:574 (October 1987).
pendency of an application to the board, been guilty of any
act, omission, condition, or circumstance which would                   §2905. Necessity of Certificate; Exemptions;
provide legal cause under R.S. 37:1285 for the suspension or                   Information Required
revocation of certification;                                               A. No person may perform or attempt to perform a
      b. the applicant has not prior to or in connection                diagnostic or therapeutic radiological examination or
with his application, made any representation to the board,             treatment in the private office of a physician or in a clinic in


Louisiana Administrative Code                     June 2012        88
                                                          Title 46, Part XLV

which a physician practices unless he has in his personal              Elementary and Secondary Education, passed an approved
possession a certificate issued to him under this Chapter or is        equivalency test, or have graduated from a secondary school
otherwise exempted from the provisions of this Chapter                 outside Louisiana having comparable approval;
pursuant to §2905.B and C.
                                                                            4. have attended and successfully completed a course
  B. The following persons are            exempt from the              of radiological study and safety which meets the
requirements of this Chapter:                                          requirements of §2909 of this Chapter, or have been
                                                                       employed by a physician continuously since September 1,
   1. any physician licensed by the board to practice
                                                                       1983 to perform diagnostic or therapeutic radiological
medicine in the state of Louisiana; or
                                                                       examinations or treatments or both in the private office or
    2. any person licensed by the Radiologic Technology                clinic of that physician and under said physician's direct
Board of Examiners.                                                    supervision.
   C. Any person who performs the functions of a private                 AUTHORITY NOTE: Promulgated in accordance with R.S.
radiologic technologist but has been employed by the                   37:1270(B)(6) and 37:1292.
supervising physician for less than six months shall be                  HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Human Resources, Board of Medical Examiners, LR
exempt from the requirements of this Chapter only for the
                                                                       13:575 October 1987).
first six months of such employment. This temporary
exemption shall not apply to anyone who has been employed              §2909. Educational Requirements
previously as a private radiologic technologist or who has               A. An applicant shall have attended and successfully
otherwise performed any radiological examination or                    completed an educational program and formal training
treatment in the course of any previous employment.                    meeting either of the following standards in preparation for
   D. Each physician who employs any person to perform                 the position of radiologic technologist prior to making
diagnostic or therapeutic radiological examinations or                 application for certification.
treatments or both in his private office or in the clinic in                1. An educational program and formal training that
which that physician practices shall report to the board               meets the essentials and guidelines of an accredited
annually as a condition of or issuance or renewal of that              educational program for the radiographer, radiation therapy
physician's licensure to practice medicine in the state of             technologist, and the nuclear medicine technologists as
Louisiana the following information for each person so                 adopted by the American College of Radiology, American
employed:                                                              Medical Association, and the American Society of
    1.   name of the employee;                                         Radiologic Technologists and is accredited by the
                                                                       Committee on Allied Health Education and Accreditation
     2. address at which that person performs diagnostic or            and the Joint Review Committee on Education in Radiologic
therapeutic radiological examinations or treatments or both;           Technology shall be deemed adequate under the
    3. initial date of employment as a private radiologic              requirements of this Section. The adequacy of such program
technologist;                                                          shall exist only during the term within which it remains
                                                                       accredited by the aforesaid accrediting entities.
   4. any exemption claimed for any person under this
Chapter; and                                                                2. A specific course of radiological study and safety
                                                                       approved by the board, pursuant to §2911 of this Chapter
     5. certification by the physician that the person                 and attended and completed by a potential applicant within
employed as a private radiologic technologist is proficient            the six months prior to making application.
in, and is competent to perform, the functions of a private
radiologic technologist.                                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       37:1270(B)(6) and 37:1292.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    HISTORICAL NOTE: Promulgated by the Department of
37:1270(B)(6) and 37:1292.                                             Health and Human Resources, Board of Medical Examiners, LR
  HISTORICAL NOTE: Promulgated by the Department of                    13:575 (October 1987).
Health and Human Resources, Board of Medical Examiners, LR             §2911. Application for Approval of Course of Study
13:575 (October 1987).
                                                                          A. Any employing physician may petition the board to
         Subchapter B. Certification                                   approve an individualized and specific course of study to be
§2907. Qualifications for Certification and Approval                   attended and successfully completed by said physician's
                                                                       employee as a condition precedent to making application for
  A. To be eligible for certification under this Chapter, an           certification of that employee as a private radiologic
applicant shall:                                                       technologist under this Chapter.
    1.   be at least 18 years of age;                                     B. To obtain board approval, the proposed course of
    2.   be of good moral character;                                   study must include, as a minimum:

    3. have successfully completed a four-year course of                   1. specific curriculum content, including the following
study in a secondary school approved by the State Board of             courses at an accredited institution of higher learning,


                                                                  89             Louisiana Administrative Code         June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

through which the employee must complete at least 12                    in the application form as a condition to consideration of an
semester credit hours:                                                  application.
       a.   introduction to radiologic technology;                        E. Each application submitted to the board by a proposed
                                                                        supervising physician shall be accompanied by a fee of $35
       b.   medical ethics;
                                                                        of which the sum of $25 will represent a nonrefundable
       c.   radiation safety and protection; and                        processing fee, as established under Chapter 81.
       d.   patient care and patient positioning;                         F. Upon submission of a completed application form,
                                                                        together with the documents required thereby, and the
     2. a clinical practicum taken concurrent with, or
                                                                        payment of the application fee established under Chapter 81,
following completion of, the curriculum identified in                   the board may require the applicant and the proposed
§2911.B.1. Such practicum shall involve direct training of              supervising physician to make a personal appearance before
the employee by a physician or licensed radiologic
                                                                        a member of the board or a physician designated for this
technologist for at least five hours per week for not less than
                                                                        purpose, to be interviewed regarding the applicant's
eight weeks;
                                                                        qualifications for certification and their understanding of the
    3. the board may impose additional course                           authority, limitations, obligations, and responsibilities
requirements or require additional curriculum and/or                    imposed on private radiologic technologists and supervising
practicum in its discretion;                                            physicians by laws and regulations applicable thereto.
     4. no petition for approval of a course of study will be             AUTHORITY NOTE: Promulgated in accordance with R.S.
considered by the board until the applicable processing fee             37:1270(B)(6) and 37:1292.
established under Chapter 81 has been paid.                               HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Human Resources, Board of Medical Examiners, LR
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   13:576 (October 1987).
37:1270(B)(6) and 37:1292.                                              §2915. Issuance of Certificate; Rating
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, Board of Medical Examiners, LR                A. If the qualifications, requirements, and procedures of
13:576 (October 1987).                                                  §§2907 and 2913 are met to the satisfaction of the board, the
§2913. Application for Certification; Procedure                         board shall certify the applicant as a private radiologic
                                                                        technologist.
  A. Application for certification as a private radiologic
technologist must be made upon forms supplied by the board                B. Each private radiologic technologist certificate issued
and must be submitted by the proposed supervising                       under this Chapter shall be endorsed as follows:
physician, and shall be required as a condition precedent to                1.   private radiologic technologist-nuclear medicine;
the issuance or renewal of said physician's license to practice
medicine in the state of Louisiana.                                         2.   private radiologic technologist-radiation therapy; or
  B. Application for certification and approval under this                  3.   private radiologic technologist-radiographer.
Chapter must include:
                                                                          C. Every certificate issued under this Chapter, of
     1. proof, documented in a form satisfactory to the                 whatever rating, is expressly subject to the terms,
board, that the applicant possesses the qualifications set forth        restrictions, and limitations set forth in the approved
in §2907 of this Chapter;                                               application. A radiologic technologist shall be restricted to
                                                                        the use of the ionizing radiation by the category specified by
    2. affidavits, notarized and properly executed by the
                                                                        the endorsement on his certificate and at the address or
applicant and the proposed supervising physician, certifying
                                                                        location specified in the job description submitted with his
the truthfulness and authenticity of all information,                   application.
representations, and documents contained in or submitted
with the completed application; and                                        D. A certificate of proficiency issued under this Chapter
                                                                        is valid as of the date of issuance. No representation is made,
    3. such other information and documentation as the
                                                                        nor should such certificate be construed as an
board may require.
                                                                        acknowledgment of continued competence or proficiency
  C. All documents required to be submitted to the board                beyond the date of issuance.
must be the original or certified copy thereof. For good                  AUTHORITY NOTE: Promulgated in accordance with R.S.
cause shown, the board may waive or modify this                         37:1270(B)(6) and 37:1292.
requirement.                                                              HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Human Resources, Board of Medical Examiners, LR
  D. The board may reject or refuse to consider any
                                                                        13:576 (October 1987).
application which is not complete in every detail, including
submission of every document required by the application                §2917. Obligations and Responsibilities
form. The board may in its discretion require a more detailed             A. The private radiologic technologist shall:
or complete response to any request for information set forth
                                                                             1. at all times retain in his personal possession a copy
                                                                        of the certificate issued under this Chapter; and

Louisiana Administrative Code                       June 2012      90
                                                         Title 46, Part XLV

    2. comply with the reasonable request by the board for                 10. persistent violation of federal or state laws relative
personal appearances and/or information relative to the               to control of social diseases;
functions, activities, and performance of the private
                                                                          11. interdiction or commitment by due process of law;
radiologic technologist.
                                                                           12. inability to perform or function as a private
   B. Each physician who employs any person to perform
                                                                      radiologic technologist with reasonable skill or safety to
diagnostic or therapeutic radiological examinations or
                                                                      patients because of mental illness or deficiency, physical
treatments or both in his private office or in the clinic in
                                                                      illness, including but not limited to deterioration through the
which that physician practices shall report to the board
                                                                      aging process or loss of motor skills, and/or excessive use or
annually as a condition of or issuance or renewal of that
                                                                      abuse of drugs, including alcohol;
physician's licensure to practice medicine in the state of
Louisiana the following information for each person so                     13. refusing to submit to the examination and inquiry
employed:                                                             of an examining committee of physicians appointed or
                                                                      designated by the board to inquire into the private radiologic
    1.   name of the employee;
                                                                      technologist's physical and mental fitness and ability to
     2. address at which that person performs diagnostic or           perform diagnostic or therapeutic radiological examinations
therapeutic radiological examinations or treatments or both;          or treatments or both with reasonable skill and safety;
    3. initial date of employment as a private radiologic                  14. violation of any provision of this Chapter, or of any
technologist;                                                         rules and regulations of the board or statute pertaining to
                                                                      private radiologic technologists;
   4. any exemption claimed for any person under this
Chapter; and                                                              15. misuse of any radiological equipment or materials;
     5. certification by the physician that the person                     16. violation of any federal or state regulation
employed as a private radiologic technologist is proficient           controlling the use or application of radiological materials or
in, and is competent to perform, the functions of a private           ionizing radiation, including, but not limited to, those
radiologic technologist.                                              regulations promulgated by the U.S. Environmental
                                                                      Protection Agency, the U.S. Occupational Safety and Health
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270(B)(6) and 37:1292.                                            Administration, and the Louisiana Department of
  HISTORICAL NOTE: Promulgated by the Department of                   Environmental Quality.
Health and Human Resources, Board of Medical Examiners, LR               B. The board may, as a probationary condition, or as a
13:576 (October 1987).
                                                                      condition of the reinstatement of any certificate suspended
§2919. Causes for Nonissuance, Suspension,                            or revoked hereunder, require the private radiologic
       Revocation; or Restrictions; Fines;                            technologist and/or the supervising physician to pay all costs
       Reinstatement                                                  of the board proceedings, including investigators',
  A. The board may refuse to issue, or may suspend,                   stenographers', and attorneys' fees, and to pay a fine not to
revoke, or impose probationary or other restrictions on, any          exceed the sum of $5,000.
certificate issued under this Chapter for the following                 C. Any certificate suspended, revoked, or otherwise
causes:                                                               restricted by the board may be reinstated by the board.
    1. conviction of a crime or entry of a plea of guilty or            AUTHORITY NOTE: Promulgated in accordance with R.S.
nolo contendere to a criminal charge;                                 37:1270(B)(6) and 37:1292.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
     2. fraud, deceit, or perjury in obtaining any certificate        Health and Human Resources, Board of Medical Examiners, LR
issued under this Chapter;                                            13:576 (October 1987).
    3.   providing false testimony before the board;                  §2921. Severability
    4.   habitual or recurring drunkenness;                             A. If any rule, provision, or item of this Chapter or the
                                                                      application thereof is held invalid as in excess of or
    5. habitual or recurring use of morphine, opium,                  inconsistent with statutory or constitutional authority, such
cocaine, drugs having a similar effect, or other substances           invalidity shall not affect other rules, provisions, items, or
which may induce physiological or psychological                       applications, and to this end the rules and provisions of this
dependence;                                                           Chapter are hereby declared to be severable.
     6. aiding, abetting, or assisting any physician in any             AUTHORITY NOTE: Promulgated in accordance with R.S.
act or course of conduct enumerated in R.S. 37:1285;                  37:1270(B)(6) and 37:1292.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
    7.   efforts to deceive or defraud the public;
                                                                      Health and Human Resources, Board of Medical Examiners, LR
    8.   incompetency;                                                13:576 (October 1987).

    9. immoral conduct in exercising the privileges
provided for by certification under this part;


                                                                 91              Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

        Chapter 31. Athletic Trainers                                        Physician―a person holding a current unrestricted
                                                                        license to engage in the practice of medicine in the state of
     Subchapter A. General Provisions                                   Louisiana, duly issued by the board.

§3101. Scope of Chapter                                                     State―any state of the United States, the District of
                                                                        Columbia, and Puerto Rico.
  A. The rules of this Chapter govern the certification of
athletic trainers in the state of Louisiana.                               B. Masculine terms wherever used in this Chapter shall
                                                                        also be deemed to include the feminine.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3301-3312.                                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Department of                     37:3301-3312 and 37:1270(B)(6).
Health and Human Resources, LR 12:522 (August 1986).                      HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Human Resources, LR 12:522 (August 1986), amended
§3103. Definitions                                                      by the Department of Health and Hospitals, Board of Medical
  A. As used in this Chapter, the following terms and                   Examiners, LR 24:937 (May 1998).
phrases shall have the meanings specified.                              §3104. Athletic Training Advisory Committee
     Actively Engaged―the phrase actively engaged as an                   A. Constitution. An Athletic Training Advisory
athletic trainer, as applied to any person, means that:                 Committee ("the advisory committee") to the board is hereby
                                                                        constituted, to be composed and appointed, to have such
        a. such person is employed by an educational                    functions, and to discharge such responsibilities as
institution, professional athletic organization, or other board-        hereinafter provided.
approved athletic organization for the duration of the
institution's academic year or the length of the organization's           B. Composition and Qualifications. The advisory
season;                                                                 committee shall comprise seven members, including five
                                                                        athletic trainers and two physicians, each of whom shall, to
       b. such person performs the duties of athletic trainer           be eligible for and prior to appointment to the committee, be
as the principal responsibility of such employment; and                 certified as an athletic trainer or licensed as a physician by
     c. such employment is such person's primary                        and in good standing with the board, have maintained
employment, or the primary reason for such person's                     residency and practice in the state of Louisiana for not less
employment.                                                             than one year and have not less than three years of
                                                                        experience in their respective fields. In addition to such
    Advisory Committee―the Athletic Training Advisory                   general qualifications, the athletic trainer and physician
Committee to the Board, constituted under and pursuant to               members of the advisory committee shall satisfy the
§3104.                                                                  following qualifications.
     Applicant―a person who has applied to the board for                    1. Athletic Trainer Members. The athletic trainer
certification as a certified athletic trainer.                          members of the committee shall be appointed and
     Application―a written request directed to and received             apportioned as follows:
by the board, upon forms supplied by the board, for                           a. one of such members shall be employed or
certification as an athletic trainer in the state of Louisiana.         appointed as an athletic trainer by and for a high school;
     Approved―as applied to a school, college, university,                     b. one of such members shall be employed or
organization, program, curriculum, or course of study, shall            appointed as an athletic trainer by and for a college or
mean affirmatively recognized and sanctioned by the board               university; and
in accordance with §§3111-3117 of this Chapter.
                                                                               c. insofar as practical or possible, in its appointment
   Board―the        Louisiana    State   Board    of   Medical          of members to the advisory committee, the board shall
Examiners.                                                              maintain geographic diversity so as to provide membership
     Certification―the board's official recognition of a                on the advisory committee by certified athletic trainers
person's lawful authority to act and serve as an athletic               residing and practicing throughout Louisiana, with at least
trainer as such term is defined by the law, R.S. 37:3302.               one member from the Alexandria, Louisiana area or north,
                                                                        and at least one member from south of such area.
    Certified Athletic Trainer―a person possessing a
current certificate, duly issued by the board, evidencing the              2. Physician Members. The physician members of the
board's certification of such person under the law.                     committee shall each:
    Louisiana Athletic Trainers Law or the Law―Acts                            a. hold the title of team physician or its equivalent,
1985, Number 288, as amended, R.S. 37:3301-3312.                        employed or appointed by a Louisiana high school, college,
                                                                        university, or professional athletic team; and
    NATA―the National Athletic Trainers Association, or its
successor.                                                                      b. have responsibility for and an active role in the
                                                                        direct supervision of athletic trainers.


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                                                           Title 46, Part XLV

  C. Appointment; Term of Service. Each member of the                     AUTHORITY NOTE: Promulgated in accordance with R.S.
advisory committee shall be appointed by the board from                 37:3301-3312 and 37:1270(B)(6).
among a list of not fewer than two qualified nominees for                 HISTORICAL NOTE: Promulgated by the Department of
each committee position submitted to the board by the                   Health and Hospitals, Board of Medical Examiners, LR 24:937
                                                                        (May 1998).
Louisiana Athletic Trainers Association (LATA), or its
successor. Each nomination so submitted shall be                                Subchapter B. Requirements and
accompanied by a personal résumé or curriculum vitae for
the nominee. Each member of the advisory committee shall
                                                                                 Qualifications for Certification
serve on the committee for a term of three years, or until his          §3105. Scope of Subchapter
or her successor is appointed, and shall be eligible for
reappointment.                                                             A. The rules of this Subchapter govern and prescribe the
                                                                        requirements, qualifications, and conditions requisite to
  D. Functions and Responsibilities of the Committee. The               eligibility for certification as a certified athletic trainer in the
advisory committee is responsible and authorized by the                 state of Louisiana.
board to:
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
    1. assist the board in examining the qualifications and             37:3301-3312.
credentials of applicants for athletic trainer certification and          HISTORICAL NOTE: Promulgated by the Department of
make recommendations thereon to the board;                              Health and Human Resources, LR 12:522 (August 1986).
                                                                        §3107. Requirements for Certification
    2. advise and assist the board, as the board may
request, with respect to investigative and disciplinary                   A. To be eligible and qualified for certification, an
proceedings affecting certified athletic trainers;                      applicant shall:
    3. provide advice and recommendations to the board                       1.   be at least 18 years of age;
respecting    the     modification,     amendment,        and
                                                                             2. be a citizen of the United States or possess valid
supplementation of rules and regulations, standards, policies,
                                                                        and current legal authority to reside and work in the United
and procedures respecting athletic trainer certification and
                                                                        States duly recognized and issued by the commissioner of
practice; and
                                                                        the Immigration and Naturalization Service of the United
    4. establish and appoint a continuing education                     States under and pursuant to the Immigration and Nationality
subcommittee, comprising no fewer than three athletic                   Act (66 Stat. 163) and the commissioner's regulations
members of the advisory committee, to discharge the                     thereunder (8 CFR);
responsibilities prescribed by §3169.
                                                                            3. possess at least one of the following educational
   E. Committee Meetings, Officers. The advisory                        qualifications:
committee shall meet at least twice each calendar year, or
                                                                               a. have successfully completed and graduated from
more frequently as may be deemed necessary by a quorum
                                                                        an athletic training program of curriculum at a college or
of the committee or by the board. The presence of five
                                                                        university approved by the board; or
members, including at least one physician member, shall be
requisite to constitute a quorum of the advisory committee.                     b. possess a degree in physical therapy issued by a
The advisory committee shall elect, from among its                      school, college, or university approved by the board; have
members, a chairman, a vice-chair, and a secretary. The                 successfully completed a basic athletic training course; a
chairman, or in his absence or unavailability, the vice-chair,          first-aid course approved by the American Red Cross, a
shall call, designate the date, time, and place of, and preside         cardiopulmonary resuscitation course approved by the
at all meetings of the committee. The secretary shall record,           American Heart Association or the American Red Cross, and
or cause to be recorded, accurate and complete written                  a nutrition course; have been associated for not less than two
minutes of all meetings of the advisory committee and shall             years with an athletic team; demonstrate proficiency in
cause copies of the same to be provided to the board.                   athletic care; and possess letters of recommendation from a
                                                                        physician and a certified athletic trainer; or
  F. Confidentiality. In discharging the functions
authorized by the board under §3104, the advisory                              c. possess a college or university diploma; have
committee and the individual members thereof shall, when                successfully completed not less than three consecutive
acting within the scope of such authority, be deemed agents             (military duty excepted) and four total years employment or
of the board. All information obtained by the committee                 service as an apprentice athletic trainer at a college or
members pursuant to §3104.D, or pursuant to Subchapter H                university under the direct supervision of a state certified or
of this Chapter, shall be considered confidential. As such,             licensed athletic trainer; and have successfully completed
advisory committee members are prohibited from                          courses in athletic training, first-aid, cardiopulmonary
communicating, disclosing, or in any way releasing to                   resuscitation, and nutrition at an accredited college or
anyone, other than the board, any information or documents              university;
obtained when acting as agents of the board without first
obtaining written authorization of the board.                                4. take and successfully pass the written and/or oral
                                                                        certification examination administered by the NATA or its
                                                                        successor;

                                                                   93               Louisiana Administrative Code             June 2012
                                      PROFESSIONAL AND OCCUPATIONAL STANDARDS

     5. satisfy the applicable fees as prescribed by Chapter             concurrently considered approved by the board for purposes
1 of these rules;                                                        of qualification under §3107.A.3.a.
    6. satisfy the procedures and requirements for                         B. Board approval of a college or university hereunder
application and examination provided by this Chapter; and                shall be deemed to be effective as to an applicant if such
                                                                         college or university was approved as of the date on which
     7. not be otherwise disqualified for certification by
                                                                         the applicant's degree was awarded or the applicant
virtue of the existence of any grounds for denial of
                                                                         successfully completed the athletic trainer program or
certification as provided by the law or in these rules.
                                                                         curriculum at such college or university.
  B. The burden of satisfying the board as to the                          AUTHORITY NOTE: Promulgated in accordance with R.S.
qualifications and eligibility of the applicant for certification        37:3301-3312.
shall be upon the applicant. An applicant shall not be                     HISTORICAL NOTE: Promulgated by the Department of
deemed to possess such qualifications unless the applicant               Health and Human Resources, LR 12:523 (August 1986).
demonstrates and evidences such qualifications in the                    §3117. Approval of Physical Therapy Schools
manner prescribed by, and to the satisfaction of, the board.
                                                                            A. A physical therapy school located in any state which
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         is currently accredited by an accrediting agency recognized
37:1270, 37:1281 and 37:3301-3312.
  HISTORICAL NOTE: Promulgated by the Department of                      by the Council on Post-Secondary Accreditation or the
Health and Human Resources, Board of Medical Examiners, LR               United States Commission on Education, or their successors,
12:522 (August 1986), amended by the Department of Health and            shall be concurrently considered approved by the board for
Hospitals, Board of Medical Examiners, LR 30:235 (February               purposes of qualification for certification under §3107.A.3.b.
2004), LR 35:1886 (September 2009).
                                                                           B. Board approval of a physical therapy school shall be
       Subchapter C. Board Approval                                      deemed to be effective as to an applicant if such school was
                                                                         approved by the board as of the date on which the applicant's
§3111. Scope of Subchapter                                               degree in physical therapy was awarded.
  A. The rules of this Subchapter prescribe the                            AUTHORITY NOTE: Promulgated in accordance with R.S.
requirements for board approval of schools, colleges,                    37:3301-3312.
universities, athletic trainers, and athletic organizations                HISTORICAL NOTE: Promulgated by the Department of
where such approval if required for the purpose of assessing             Health and Human Resources, LR 12:523 (August 1986).
qualifications for certification.                                        §3119. Approval of Athletic Trainers
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      A. A person shall be deemed to be an athletic trainer
37:3301-3312.
                                                                         approved by the board, as contemplated by §3107.A.3.c
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, LR 12:523 (August 1986).                     hereof, if such person is a certified athletic trainer, duly
                                                                         certified by the board.
§3113. Applicability of Approval
                                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
  A. Successful completion of an athletic training                       37:3301-3312.
curriculum and graduation from a board-approved college or                 HISTORICAL NOTE: Promulgated by the Department of
university is among the alternative educational qualifications           Health and Human Resources, LR 12:523 (August 1986).
requisite to certification, as provided by §3107.A.3.a.                  §3121. Approval of Athletic Organizations
  B. Possessing a degree in physical therapy from a school                  A. "Board-approved athletic organization," as used in
approved by the board is among the alternative educational               §3103.A, shall be deemed to include the Amateur Athletic
qualifications requisite to certification, as provided by                Union, the International Olympic Committee and its
§3107.A.3.b.                                                             affiliates, the Pan American Committee, the National
   C. Apprenticeship under the supervision of an athletic                Collegiate Athletic Association, the National Association of
trainer approved by the board is among the alternative                   Intercollegiate Athletics, the National High School Athletic
qualifications requisite to certification, as provided by                Association, institution-sponsored and supported college and
§3107.A.3.c.                                                             university intramural programs, and such other
                                                                         organizations, associations, institutions, programs, and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    events as the board may determine, upon individual
37:3301-3312.
                                                                         application, to possess and apply characteristics and
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, LR 12:523 (August 1986) , amended            standards substantially equivalent to those possessed and
by the Department of Health and Hospitals, Board of Medical              applied by the institutions, organizations, and associations
Examiners, LR 35:1887 (September 2009).                                  enumerated herein.
§3115. Approval of Schools and Colleges                                    AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         37:3301-3312.
  A. A college or university which is currently accredited                 HISTORICAL NOTE: Promulgated by the Department of
and approved by the NATA, or its successor, shall be                     Health and Human Resources, LR 12:523 (August 1986).



Louisiana Administrative Code                      June 2012        94
                                                          Title 46, Part XLV

§3123. Withdrawal of Approval                                           board may, in its discretion, require a more detailed or
                                                                        complete response to any request for information set forth in
   A. Notwithstanding current or prior approval by the
                                                                        the application form as a condition to consideration of an
board pursuant to the provisions of this Subchapter or by               application.
individual determination, the board's approval of any school,
college, university, athletic trainer, or athletic organization           E. Each application submitted to the board shall be
may be withdrawn at any time upon the board's affirmative               accompanied by the applicable fee, as provided in Chapter 1
finding that such school, college, university, athletic trainer,        of these rules.
or athletic organizations does not possess the qualifications             AUTHORITY NOTE: Promulgated in accordance with R.S.
for approval specified by this Subchapter or by the law.                37:1270, 37:1281 and 37:3301-3312.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     HISTORICAL NOTE: Promulgated by the Department of
37:3301-3312.                                                           Health and Human Resources, Board of Medical Examiners, LR
  HISTORICAL NOTE: Promulgated by the Department of                     12:524 (August 1986), amended by the Department of Health and
Health and Human Resources, LR 12:523 (August 1986).                    Hospitals, Board of Medical Examiners, LR 24:938 (May 1998),
                                                                        LR 30:235 (February 2004), LR 35:1887 (September 2009).
§3125. List of Approved Schools, Colleges, and
       Universities                                                     §3131. Effect of Application

  A. A listing of approved colleges and universities having                A. The submission of an application for certification to
athletic trainer courses, curricula or degree programs and              the board shall constitute and operate as an authorization by
shall from time to time be amended and supplemented by the              the applicant to each educational institution at which the
board consistently with the provisions of this Subchapter.              applicant has matriculated, each governmental agency to
                                                                        which the applicant has applied for any license, permit,
   B. A listing of approved physical therapy schools shall              certificate, or registration, each person, firm, corporation,
from time to time be amended and supplemented by the                    organization, or association by whom or with whom the
board consistently with the provisions of this Subchapter.              applicant has been employed as an athletic trainer or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   apprentice athletic trainer, each physician whom the
37:3301-3312.                                                           applicant has consulted or seen for diagnosis or treatment,
  HISTORICAL NOTE: Promulgated by the Department of                     and each professional or trade organization to which the
Health and Human Resources, LR 12:524 (August 1986).                    applicant has applied for membership, to disclose and
                                                                        release to the board any and all information and
          Subchapter D. Application                                     documentation concerning the applicant which the board
§3127. Purpose and Scope                                                deems material to consideration of the application. With
                                                                        respect to any such information or documentation, the
  A. The rules of this Subchapter govern the procedures                 submission of an application for certification to the board
and requirements applicable to application to the board for             shall equally constitute and operate as a consent by the
certification as a certified athletic trainer in the state of           applicant to disclosure and release of such information and
Louisiana.                                                              documentation as a waiver by the applicant of any privileges
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   or right of confidentiality which the applicant would
37:3301-3312.                                                           otherwise possess with respect thereto.
  HISTORICAL NOTE: Promulgated by the Department of
Health and Human Resources, LR 12:524 (August 1986).
                                                                          B. By submission of an application for certification to
                                                                        the board, an applicant shall be deemed to have given his
§3129. Application Procedure                                            consent to submit to physical or mental examinations if,
  A. Application for certification shall be made upon                   when, and in the manner so directed by the board if the
forms prescribed and supplied by the board.                             board has reasonable grounds to believe that the applicant's
                                                                        capability to act as an athletic trainer with reasonable skill or
 B. Application forms and instructions pertaining thereto               safety to student athletes may be compromised by physical
may be obtained from the board.                                         or mental condition, disease or infirmity, and the applicant
  C. An application for certification under this Chapter                shall be deemed to have waived all objections as to the
shall include:                                                          admissibility or disclosure of findings, reports, or
                                                                        recommendations pertaining thereto on the grounds of
     1. proof, documented in a form satisfactory to the                 privileges provided by law.
board, that the applicant possesses the qualifications for
certification set forth in this Chapter; and                              C. The submission of an application for certification to
                                                                        the board shall constitute and operate as an authorization and
     2. such other information and documentation as are                 consent by the applicant to the board to disclose any
referred to or specified in this Chapter, or as the board may           information or documentation, set forth in or submitted with
require, to evidence qualification for certification.                   the applicant's application or obtained by the board from
  D. The board may refuse to consider any application                   other persons, firms, corporations, associations, or
which is not complete in every detail, including submission             governmental entities pursuant to §3131, to any person, firm,
of every document required by the application form. The                 corporation, association, or governmental entity having a
                                                                        lawful, legitimate, and reasonable need therefor, including,

                                                                   95              Louisiana Administrative Code            June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

without limitation, the athletic trainer certification or                 Subchapter G. Certificate Issuance,
licensing authority of any state, the National Athletic
Trainers Association, the Louisiana Athletic Trainers                    Termination, Renewal, Reinstatement
Association, the Louisiana Department of Health and                    §3153. Issuance of Certificate
Hospitals, state, county or parish, and municipal health and
law enforcement agencies and the armed services.                         A. If the qualifications, requirements, and procedures
                                                                       prescribed or incorporated by §3107 and §3129 are met to
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       the satisfaction of the board, the board shall issue to the
37:3301-3312 and 37:1270(B)(6).
  HISTORICAL NOTE: Promulgated by the Department of                    applicant a certificate evidencing the applicant's certification
Health and Human Resources, LR 12:524 (August 1986), amended           as a certified athletic trainer in the state of Louisiana.
by the Department of Health and Hospitals, Board of Medical              AUTHORITY NOTE: Promulgated in accordance with R.S.
Examiners, LR 24:938 (May 1998).                                       37:3301-3312.
          Subchapter F. Examination                                      HISTORICAL NOTE: Promulgated by the Department of
                                                                       Health and Human Resources, LR 12:526 (August 1986), amended
§3133. Designation of Examination                                      by the Department of Health and Hospitals, Board of Medical
                                                                       Examiners, LR 35:1888 (September 2009).
  A. The examination administered and accepted by the
                                                                       §3155. Expiration of Certificates
board pursuant to R.S. 37:3303.B is the National Athletic
Trainers Association Certification Examination developed                 A. Every certificate issued by the board under this
by the NATA and the Professional Examination Service, or               Chapter shall expire, and thereby become null, void, and to
their successor(s).                                                    no effect, on the 30th day of June next following the date on
                                                                       which certificate was issued.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3301-3312.                                                            B. The timely submission of an application for renewal
  HISTORICAL NOTE: Promulgated by the Department of                    of a certificate, as provided by §3157 hereof, shall operate to
Health and Human Resources, LR 12:524 (August 1986), amended           continue the expiring certificate in force and effect pending
by the Department of Health and Hospitals, Board of Medical
                                                                       the board's issuance, or denial of issuance, of the renewal
Examiners, LR 35:1887 (September 2009).
                                                                       certificate.
§3147. Passing Score
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
  A. An applicant will be deemed to have successfully                  37:3301-3312.
passed the examination if he attains a score equivalent to               HISTORICAL NOTE: Promulgated by the Department of
that required by the NATA or its Professional Examination              Health and Human Resources, LR 12:526 (August 1986).
Service as a passing score; provided, however, that with               §3157. Renewal of Certificate
respect to any given administration of the examination, the
board may determine to accept a lower score as passing.                   A. Every certificate issued by the board under this
Applicants for certification shall be required to authorize the        Subchapter shall be renewed annually on or before its date
NATA and the Professional Examination Service to release               of expiration by submitting to the board an application for
their testing scores to the board each time the applicant-             renewal, upon forms supplied by the board, together with
examinee attempts the examination according to the                     evidence of the qualifications requisite to renewal as
procedures for such notification established by the NATA.              specified in §3159 and the applicable renewal fee prescribed
                                                                       in Chapter 1 of these rules.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3301-3312.                                                             B. An application for renewal of certificate shall be
  HISTORICAL NOTE: Promulgated by the Department of                    mailed by the board to each person holding a certificate
Health and Human Resources, LR 12:525 (August 1986), amended           issued under this Chapter on or before the first day of June
by the Department of Health and Hospitals, Board of Medical            of each year. Such form shall be mailed to the most recent
Examiners, LR 35:1887 (September 2009).                                address of each certified athletic trainer as reflected in the
§3149. Reexamination                                                   official records of the board.
  A. An applicant having failed to attain a passing score                AUTHORITY NOTE: Promulgated in accordance with R.S.
upon taking the certification examination may take a                   37:1270, 37:1281 and 37:3301-3312.
subsequent examination upon payment of the applicable fee                HISTORICAL NOTE: Promulgated by the Department of
as prescribed by Chapter 1 of these rules.                             Health and Human Resources, Board of Medical Examiners, LR
                                                                       12:526 (August 1986), amended by the Department of Health and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  Hospitals, Board of Medical Examiners, LR 30:235 (February
37:3301-3312.                                                          2004).
  HISTORICAL NOTE: Promulgated by the Department of                    §3159. Qualifications for Renewal; Continuing
Health and Human Resources, LR 12:525 (August 1986), amended
by House Concurrent Resolution 69 of the 2012 Regular
                                                                              Education
Legislative Session, LR 38:1460 (June 2012).                             A. To be eligible for renewal of certification, a certified
                                                                       athletic trainer shall, within each two-year period during
                                                                       which he holds certification, successfully complete 24
                                                                       credits/hours of continuing education recognized by the

Louisiana Administrative Code                    June 2012        96
                                                           Title 46, Part XLV

NATA and shall biannually evidence such continuing                      provide such on-premises supervision and direction to the
education upon forms prescribed by the board to be                      permit holder as is adequate to ensure the safety and welfare
submitted by an applicant for certificate renewal together              of athletes. Such supervision and direction shall be deemed
with the renewal application.                                           to be satisfied by on-premises direction and supervision for
                                                                        not less than one hour each week.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:3301-3312.                                                              E. Permit Pending Application for Visa. The board may
  HISTORICAL NOTE: Promulgated by the Department of                     issue a permit to practice athletic training to an applicant
Health and Human Resources, LR 12:526 (August 1986).                    who is otherwise completely qualified for certification as an
§3161. Reinstatement of Certification                                   athletic trainer, save for possessing an H-1 or equivalent
  A. A certificate which has expired without renewal may                visa, provided that the applicant has completed all applicable
be reinstated by the board if application for reinstatement is          requirements and procedures for issuance of certification or
made not more than two years from the date of expiration                a permit and is eligible for an H-1 or equivalent visa under
and subject to the conditions and procedures hereinafter                the rules and regulations promulgated by the United States
provided.                                                               Immigration and Naturalization Service (INS).

  B. An application for reinstatement shall be made upon                    1. A permit issued under §3162.E shall expire and
forms supplied by the board and accompanied by two letters              become null and void on the earlier of:
of recommendation from responsible officers of the                              a.   90 days from the date of issuance of such permit;
applicant's last employment as an athletic trainer, together
with the applicable renewal fee plus a penalty equal to twice                  b. 10 days following the date on which the applicant
the renewal fee.                                                        receives notice of INS action granting or denying the
                                                                        applicant's petition for an H-1 or equivalent visa; or
  C. With respect to an application for reinstatement made
more than one year from the date on which the certificate                       c. the date on which the board gives notice to the
expired, as a condition of reinstatement the board may                  applicant of its final action granting or denying issuance of
require that the applicant complete a statistical affidavit upon        certification to practice athletic training.
a form provided by the board, provide the board with a                       2. The board may in its discretion extend or renew, for
recent photograph, and/or possess current, unrestricted                 one or more additional 90-day periods, a permit that has
certification or licensure issued by another state.                     expired pursuant to §3162.E.1.a in favor of an applicant who
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   holds such a permit and who has filed a petition for an H-1
37:3301-3312.                                                           or equivalent visa with the INS, but whose pending petition
  HISTORICAL NOTE: Promulgated by the Department of                     has not yet been acted on by the INS within 90 days from
Health and Human Resources, LR 12:526 (August 1986).                    issuance of such permit.
§3162. Restricted Certificates                                             F. Permit Pending Examination/Results. The board may
  A. General. With respect to applicants who do not meet                issue a permit to practice athletic training to an applicant
or possess all of the qualifications and requirements for               who has taken the examination required by §3107.A.4 but
certification required by this Chapter the board may, in its            whose scores have not yet been reported or to an applicant
discretion, issue such temporary restricted certificates as are         scheduled to take the examination at its next administration
in its judgment necessary or appropriate to its                         who has not previously failed such examination, to be
responsibilities under law. Temporary restricted certificates           effective pending the reporting of such scores to the board,
shall be designated and known as permits.                               provided that the applicant possesses and meets all of the
                                                                        qualifications and requirements for certification required
  B. Effect of Permit. A permit entitles the holder to                  under this Chapter, save for having taken, passed, or
engage in the practice of athletic training in the state of             received the results of the examination specified in
Louisiana only for the period of time specified by such                 §3107.A.4.
permit and creates no right or entitlement to certification or
renewal of the permit after its expiration.                                  1. A permit issued under §3162.F shall expire, and
                                                                        thereby become null, void and to no effect on the earlier of
  C. Types of Permits. The types of permits that the board              any date that:
may consider issuing are enumerated in the following
paragraphs of this Section. Other permits may be issued by                      a. the board gives written notice to the permit
the board upon such terms, conditions, limitations, or                  holder that he has failed to achieve a passing score on the
restrictions as to time, place, nature, and scope of practice as        certification examination;
deemed, in its judgment, necessary or appropriate to the                        b. the permit holder is issued a certificate to practice
particular circumstances of individual applicants.                      athletic training pursuant to §3153 of this Chapter; or
   D. Limitations. Athletic trainers holding any permit                       c. the holder of a permit issued under §3162.F fails
issued under this Section may practice athletic training only           to appear for and take the certification examination for
under the supervision and direction of a certified athletic             which he has registered.
trainer who holds certification issued by the board, who shall


                                                                   97                Louisiana Administrative Code         June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

     2. The board may, in its discretion, extend or renew a               B. The following programs and activities shall be
permit which has expired pursuant to §3162.F.1 in favor of              deemed approved by the board for the number of continuing
an applicant who makes written request to the board and                 education units indicated.
evidences to its satisfaction a life-threatening or other
                                                                             1. A certified athletic trainer who is certified by and a
significant medical condition, financial hardship or other
                                                                        member of the NATA shall receive credit for that number of
extenuating circumstance.
                                                                        continuing education units awarded or recognized by the
  G. Permit Pending Application. The board may issue a                  NATA for attendance at or participation in any meeting,
permit to practice athletic training, effective for a period of         conference, workshop, seminar, course, or other activity held
60 days, to an applicant who has made application to the                or conducted during the two-year period preceding renewal
board for certification as an athletic trainer, who provides            of certification.
satisfactory evidence of having successfully completed the
                                                                            2. One-tenth of a CEU shall be recognized for each
examination required by §3107.A.4 and who is not
                                                                        hour of attendance at a course, seminar, or workshop
otherwise demonstrably ineligible for certification under
                                                                        sponsored by an organization or entity approved by the
R.S. 37:3307.
                                                                        board and otherwise meeting the standards prescribed by
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   §3167.A.
37:1261-1292, 37:1270, 37:3301-3312 and 37:3303.A(4).
  HISTORICAL NOTE: Promulgated by the Department of                          3. Six-tenths of a CEU shall be recognized for each
Health and Hospitals, Board of Medical Examiners, LR 28:830             instructional hour of presentation in the initial teaching,
(April 2002), amended by the Department of Health and Hospitals,        presentation, or conduct of a course, seminar, or workshop
Board of Medical Examiners, LR 35:1888 (September 2009).                sponsored by an organization or entity approved by the
                                                                        board and otherwise meeting the standards prescribed by
  Subchapter H. Continuing Education                                    §3167.A, provided that such presentation is accompanied by
§3163. Scope of Subchapter                                              thorough written materials or a comprehensive outline
                                                                        relating to the course, seminar, or workshop. Three-tenths of
  A. The rules of this Subchapter provide standards for the             a CEU shall be recognized for each instructional hour of
continuing education requisite to renewal of certification as           presentation for any subsequent teaching, presentation, or
an athletic trainer as required by §§3159 and 3165 of these             conduct of the same course, seminar, or workshop.
rules and prescribe the procedures applicable to
documentation of continuing education in connection with                     4. For the teaching of a course in or directly related to
application for renewal of certification.                               athletic training at an accredited educational institution,
                                                                        eight-tenths of a CEU shall be recognized for each hour of
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        academic credit awarded by the institution to students for
37:1270(B) and 37:3303.
   HISTORICAL NOTE: Promulgated by the Department of                    attendance at the course, provided that such teaching is not
Health and Hospitals, Board of Medical Examiners, LR 16:510             performed in the ordinary course of the certified athletic
(June 1990).                                                            trainer's usual and ordinary employment.
§3165. Continuing Education Requirement                                      5. One and one-half CEUs shall be recognized for
   A. To be eligible for renewal of certification, a certified          publication, in a national, regional, or statewide scientific
athletic trainer shall, within each two-year period during              journal or other publication of a related profession, of an
which he holds certification, evidence and document, upon               original written work, related to the maintenance or
forms supplied by the board, successful completion of not               improvement of athletic training knowledge or skills, and
                                                                        otherwise meeting the standards prescribed by §3167.A.
less than 2.4 continuing education units. A continuing
education unit (CEU) constitutes 10 hours of participation in               6. One-half of a CEU shall be recognized for each
an organized continuing education experience under                      credit hour obtained in a course of postgraduate study
responsible sponsorship, capable direction, and qualified               beyond the bachelors degree level undertaken and completed
instruction, as approved by the board; one hour is equal to             at an accredited educational institution, provided that such
one-tenth of a continuing education unit.                               course of study meets the standards prescribed by §3167.A.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                       7. Three-tenths of a CEU shall be recognized for the
37:1270(B) and 37:3303.                                                 completion of a correspondence course sponsored and
   HISTORICAL NOTE: Promulgated by the Department of                    offered by an organization or entity approved by the board
Health and Hospitals, Board of Medical Examiners, LR 16:510
                                                                        and meeting the standards prescribed by §3167.A.
(June 1990).
§3167. Qualifying Programs and Activities                                    8. One-half of a CEU shall be recognized for each
                                                                        year during which a certified athletic trainer, individually or
   A. To be acceptable as qualified continuing education                jointly with one or more other certified athletic trainers,
under these rules, an activity or program must have                     assumes responsibility for and discharges supervision of an
significant intellectual or practical content, dealing primarily        apprentice or student athletic trainer for a full calendar year.
with matters related to athletic training, and its primary
objective must be to maintain or increase the participant's                 9. One-tenth of a CEU shall be recognized for each
competence as an athletic trainer.                                      contact hour spent, by members in attendance at the annual


Louisiana Administrative Code                     June 2012        98
                                                          Title 46, Part XLV

meeting of the Louisiana Athletic Trainers' Association                 of qualifying as an approved continuing education activity
(LATA).                                                                 under §3167.B.2, 3, and 7.
     10. One-half of a CEU shall be recognized for each full              B. Upon the recommendation of the CE subcommittee,
year during which a certified athletic trainer serves as an             the board may designate additional organizations and entities
elected or appointed officer or committee chairman of the               whose programs, courses, seminars, workshops, or other
LATA.                                                                   activities shall be deemed approved by the board for
                                                                        purposes of qualifying as an approved continuing education
    11. Two CEUs shall be recognized for each two weeks
                                                                        activity under §3167.B.2, 3, and 7.
of volunteer service provided by a certified athletic trainer to
any United State Olympic Committee-sponsored training                      AUTHORITY NOTE: Promulgated in accordance with R.S.
center.                                                                 37:1270(B) and 37:3303.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
  C. In addition to the programs and activities approved                Health and Hospitals, Board of Medical Examiners, LR 16:511
pursuant to §3167.B, upon application to the board pursuant             (June 1990), amended LR 24:939 (May 1998).
to §3171 of these rules, the board may approve additional               §3173. Approval of Activities
programs and activities as qualifying for continuing
education unit credit and specify the CEUs which shall be                  A. A continuing education activity of any type defined
recognized with respect to such program or activity.                    by §3167.B.2, 3, or 7 sponsored by an organization or entity
                                                                        not deemed approved by the board pursuant to §3171 or an
   AUTHORITY NOTE: Promulgated in accordance with R.S.                  activity of a type specified by §3167.B.4, 5, or 6 may be pre-
37:1270(B) and 37:3303.
                                                                        approved by the board prior to participation in such activity
   HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Board of Medical Examiners, LR 16:510             or application for renewal of certification upon written
(June 1990).                                                            request to the board therefor accompanied by a complete
                                                                        description of the nature, location, date, content, and purpose
§3169. Continuing Education Subcommittee
                                                                        of such activity and such other information as the board may
  A. The continuing education subcommittee of the                       request to establish compliance of such activity with the
advisory committee ("the CE subcommittee"), constituted                 standards prescribed by §3167.A.
under authority of §3104, shall have the authority and
                                                                          B. Any such written request shall be referred by the
responsibility to:
                                                                        board to the CE subcommittee for its recommendation. If the
     1. evaluate organizations and entities providing or                CE subcommittee's recommendation is against approval, the
offering to provide continuing education programs for                   board shall give notice of such recommendation to the
athletic trainers and provide recommendations to the board              person requesting approval and the person requesting
with respect to the board's recognition and approval of such            approval     may     appeal    the    CE     subcommittee's
organizations and entities as sponsors of qualifying                    recommendation to the board by written request delivered to
continuing education programs and activities pursuant to                the board within 10 days of such notice. The board's decision
§§3171 and 3173;                                                        with respect to approval of any such activity shall be final.
                                                                        Persons requesting board preapproval of continuing
     2. review documentation of continuing education by
                                                                        education activities should allow not less than 90 days for
certified athletic trainers, verify the accuracy of such
                                                                        such requests to be processed.
information, and evaluate and make recommendations to the
board with respect to whether programs and activities                     C. Prior approval of a continuing education activity by
evidenced by applicants for renewal of certification comply             the board is not necessary for recognition of such activity by
with and satisfy the standards for such programs and                    the board for purposes of meeting the continuing education
activities prescribed by these rules;                                   requirements requisite to renewal of certification.
     3. request and obtain from applicants for renewal of                  AUTHORITY NOTE: Promulgated in accordance with R.S.
certification such additional information as the committee              37:1270(B) and 37:3303.
may deem necessary or appropriate to enable it to make the                 HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Hospitals, Board of Medical Examiners, LR 16:512
evaluations and provide the recommendations for which the
                                                                        (June 1990), amended LR 24:939 (May 1998).
CE subcommittee is responsible.
                                                                        §3175. Documentation Procedure
   AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1270(B) and 37:3303.                                                    A. A form for documenting and certifying the
   HISTORICAL NOTE: Promulgated by the Department of                    completion of continuing education as required by these
Health and Hospitals, Board of Medical Examiners, LR 16:511             rules shall be mailed by the board to each certified athletic
(June 1990), amended LR 24:938 (May 1998).                              trainer subject to continuing education requirements with the
§3171. Approval of Program Sponsors                                     application for renewal of certification form mailed by the
                                                                        board pursuant to §3157 of these rules. Such forms shall be
  A. Any program, course, seminar, workshop,          or other          completed and delivered to the board with certified athletic
activity meeting the standards prescribed by          §3167.A
                                                                        trainer's renewal application.
sponsored or offered by the NATA or LATA              shall be
presumptively deemed approved by the board for        purposes


                                                                   99              Louisiana Administrative Code          June 2012
                                     PROFESSIONAL AND OCCUPATIONAL STANDARDS

  B. In lieu of or in addition to submission of the                      within the prior two years and payment of a reinstatement
continuing education certification form supplied by the                  fee, in addition to all other applicable fees and costs, of $50.
board, completion of all or part of the continuing education             Any continuing education activities recognized for purposes
required by these rules may be satisfactorily evidenced, in              of reinstatement shall not be recognized for purposes of any
whole or in part, by delivering or causing to be delivered to            subsequent renewal of certification.
the board the original or a certified copy of a certification by
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
the NATA as to CEU credits awarded or recognized by the                  37:1270(B) and 37:3303.
NATA for continuing education activities undertaken and                     HISTORICAL NOTE: Promulgated by the Department of
completed within the prior two-year period.                              Health and Hospitals, Board of Medical Examiners, LR 16:512
                                                                         (June 1990), amended LR 24:939 (May 1998).
   C. Any certification of continuing education activities
not presumptively approved or preapproved in writing by the              §3179. Waiver of Requirements
board pursuant to these rules shall be referred to the CE                  A. The board may, in its discretion and upon the
subcommittee for its evaluation and recommendations                      recommendation of the CE subcommittee, waive all or part
pursuant to §3169.A.2. If the CE subcommittee determines                 of the continuing education required by these rules in favor
that an activity certified by an applicant for renewal in                of a certified athletic trainer who makes written request for
satisfaction of continuing education requirements does not               such waiver to the board and evidences to the satisfaction of
qualify for recognition by the board or does not qualify for             the board a permanent physical disability, illness, financial
the number of continuing education units claimed by the                  hardship, or other similar extenuating circumstances
applicant, the board shall give notice of such determination             precluding the athletic trainer's satisfaction of the continuing
to the applicant for renewal and the applicant may appeal the            education requirements.
CE subcommittee's recommendation to the board by written
request delivered to the board within 10 days of such notice.               AUTHORITY NOTE: Promulgated in accordance with R.S.
The board's decision with respect to approval and                        37:1270(B) and 37:3303.
                                                                            HISTORICAL NOTE: Promulgated by the Department of
recognition of any such activity shall be final.
                                                                         Health and Hospitals, Board of Medical Examiners, LR 16:513
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   (June 1990), amended LR 24:939 (May 1998).
37:1270(B) and 37:3303.
   HISTORICAL NOTE: Promulgated by the Department of                           Chapter 35. Clinical Laboratory
Health and Hospitals, Board of Medical Examiners, LR 16:512                              Personnel
(June 1990), amended LR 24:939 (May 1998).
§3177. Failure to Satisfy Continuing Education                             Subchapter A. Scope and Definitions
       Requirements
                                                                         §3501. Scope and Purpose of Chapter
  A. An applicant for renewal of certification who fails to
                                                                           A. Scope of Chapter. The rules of this Chapter provide
evidence satisfaction of the continuing education
                                                                         for and govern the licensure and certification of clinical
requirements prescribed by the rules shall be given written
                                                                         laboratory personnel to practice clinical laboratory science in
notice of such failure by the board. The certification of the
                                                                         the state of Louisiana.
applicant shall remain in full force and effect for a period of
60 days following the mailing of such notice, following                    B. Declaration of Purpose. The purpose of these rules
which it shall be deemed expired, unrenewed, and subject to              and the law they implement is to protect the public health,
revocation without further notice, unless the applicant shall            safety, and welfare of the people of Louisiana from improper
have, within such 60 days, furnished the board satisfactory              performance of laboratory tests by clinical laboratory
evidence, by affidavit, that:                                            personnel. Clinical laboratories provide essential services to
                                                                         health care practitioners by furnishing information vital to
    1. applicant has satisfied the applicable continuing
                                                                         determination of the nature, cause, and extent of the
education requirements;
                                                                         condition involved. Licensure of laboratory personnel
    2. applicant is exempt from such requirements                        protects against the improper performance of laboratory tests
pursuant to these rules; or                                              by establishing and enforcing minimum requirements for
                                                                         safe practice.
     3. applicant's failure to satisfy the continuing
education requirements was occasioned by disability, illness,              AUTHORITY NOTE: Promulgated in accordance with R.S.
or other good cause as may be determined by the board.                   37:1270(A)(5) and 37:1311-1329.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
   B. The certification of an athletic trainer whose                     Health and Hospitals, Board of Medical Examiners, LR 20:1284
certification has expired by nonrenewal or been revoked for              (November 1994).
failure to satisfy the continuing education requirements of              §3503. Definitions
these rules may be reinstated by the board upon written
application to the board filed within two years of the                     A. As used in this Chapter, the following terms are given
effective date of expiration, nonrenewal, or revocation                  the following meanings.
accompanied by satisfactory documentation of the                            Approved    Nationally   Recognized     Certification
completion of not less than three continuing education units             Examination―an examination prepared and administered by

Louisiana Administrative Code                     June 2012        100
                                                              Title 46, Part XLV

a certifying organization approved by the board as satisfying                   Clinical Cytotechnology―the microscopic study or
the minimum examination qualifications for licensure or                     examination of body fluids, tissues, or cells desquamated
certification for each of the classifications of clinical                   from a body surface or lesion for the practice of clinical
laboratory personnel for which successful completion of a                   laboratory science including, but not limited to, detecting
certifying examination is required as provided by the law                   malignancy and microbiologic changes and the measurement
and these rules.                                                            of hormonal levels.
     Approved Professional Organizations―an organization                         Clinical Laboratory―any building, place, or facility in
approved by the board to offer continuing education and/or                  which an operation and procedure for the biological,
training programs, and includes the following organizations:                microbiological, serological, immunological, chemical,
                                                                            immunohematological,         hematological,      biophysical,
      a.   American    Society     for    Clinical     Laboratory
                                                                            cytological, pathological, or other examinations of materials
Science;
                                                                            derived from the human body is performed to provide
      b.   American Medical Technologists;                                  information for the diagnosis, prevention, or treatment of
                                                                            any disease or impairment of, or the assessment of, the
      c. International Society for Clinical Laboratory
                                                                            health of human beings, or for forensic testing.
Technology;
                                                                                Clinical Laboratory Personnel―any and all individuals
      d.   American Society of Clinical Pathologists;                       engaged in the practice of clinical laboratory science.
      e.   American Society of Cytology;
                                                                                 Clinical Laboratory Scientist-Generalist or CLS-G―an
      f.   American Society for Microbiology;                               individual who performs clinical laboratory tests and
                                                                            procedures in all specialty areas of a clinical laboratory
      g.   American Association of Blood Banks;                             which require the exercise of independent judgment and
      h.   American Association of Clinical Chemistry;                      responsibility, including but not limited to, the performance
                                                                            of all laboratory tests as stated in CLIA. The clinical
      i.   Clinical Laboratory Management Association;                      laboratory scientist-generalist may perform the functions of
      j. Association of Territorial and Public Health                       all categories of all clinical laboratory personnel licensed or
Laboratory Directors;                                                       certified in accordance with the law, except those of the
                                                                            cytotechnologist,      without     additional   licensure    or
      k.   Centers for Disease Control;                                     certification.
      l. National Accrediting            Agency      for   Clinical              Clinical Laboratory Scientist-Specialist or CLS-S―an
Laboratory Sciences;                                                        individual performing clinical laboratory science in one or
      m. Gamma             Biologicals          Referred                    more laboratory specialties and who performs functions
Immunohematology Self Evaluation System and Tutorial                        directly related to such particular laboratory specialty or
Program for Continuing Education of Blood Bankers;                          specialties. A clinical laboratory scientist-specialist may
                                                                            perform the functions of the laboratory assistant and the
      n. affiliates of an organization identified by the                    phlebotomist without additional licensure or certification.
board, upon recommendation of the committee, as an
approved professional organization;                                              Clinical Laboratory Scientist-Technician or CLS-T―an
                                                                            individual who performs medical laboratory tests and
      o.   accredited colleges and universities;                            procedures of high and moderate complexity as defined in
      p.   American Society for Cytotechnology;                             42 Code of Federal Regulations, Part 493, within any area of
                                                                            clinical laboratory science, which do not require the exercise
      q.   American Academy of Forensic Sciences;                           of independent judgment or responsibility. The clinical
      r.   Society of Forensic Testing; and                                 laboratory scientist-technician shall perform tests and
                                                                            procedures of high complexity under supervision as defined
      s. other organizations as may be approved by the                      in CLIA. The clinical laboratory scientist-technician may
board upon recommendation of the committee.                                 perform the functions of the laboratory assistant and the
     Approved School or Training Program―a school or                        phlebotomist without additional licensure or certification.
training program accredited by the Council on Medical                           Committee―the     Clinical Laboratory   Personnel
Education of the American Medical Association, the                          Committee to the Louisiana State Board of Medical
National Accrediting Agency for Clinical Laboratory                         Examiners, as established and constituted under R.S.
Sciences, or the Council on Allied Health Education                         37:1314.
Programs and approved by the committee and the board.
                                                                                Cytotechnologist―an individual engaged in the practice
   Board―the      Louisiana      State    Board      of    Medical          of clinical cytotechnology which requires the exercise of
Examiners.                                                                  independent judgment and responsibility.
     CLIA―the       Clinical   Laboratory      Improvement                       Health Care Provider―any person licensed, certified,
Amendments of 1988, Public Law Number 100-578, and the                      or registered by a department, board, commission, or other
rules and regulations promulgated pursuant thereto.

                                                                      101              Louisiana Administrative Code          June 2012
                                      PROFESSIONAL AND OCCUPATIONAL STANDARDS

agency of the state of Louisiana to provide preventive,                       Waived Test―those routine technical procedures
diagnostic, or therapeutic health care services.                          performed under or eligible for a certificate of waiver under
                                                                          CLIA. An illustrative list of such routine technical
     Independent Judgment―the performance or conduct of
                                                                          procedures includes:
clinical laboratory tests and assumption of responsibility for
determination of the validity and interpretation of clinical                     a. dipstick      or      tablet    reagent urinalysis
laboratory test results without intervention by or the                    (nonautomated) for the following determination levels:
supervision of another health care provider authorized by                 bilirubin, glucose, hemoglobin, ketone, leukocytes, nitrite,
law to assume responsibility for the conduct and validity of              pH, protein, specific gravity, or urobilinogen;
clinical laboratory tests. As respects clinical laboratory
                                                                                   b.    fecal occult blood;
personnel, the authorized exercise of independent judgment
shall not be deemed to include or permit the exercise of                         c. ovulation tests-visual color tests for human
independent medical judgment in the diagnosis of or                       luteinizing hormone;
treatment of, or reporting of clinical laboratory test results or
                                                                                   d.    urine pregnancy tests-visual color comparison
their interpretation to, patients except as authorized in
                                                                          tests;
accordance with CLIA.
     Laboratory Assistant or LA―an individual who                                  e.    erythrocyte sedimentation rate, nonautomated;
performs medical laboratory tests and procedures under                             f.    hemoglobin-copper sulfate, nonautomated;
supervision by a licensed health care provider or laboratory
director as defined in 42 Code of Federal Regulations, Part                      g. blood glucose as determined by monitoring
493. Laboratory tests and procedures performed by the                     device approved by the Federal Drug Administration
laboratory assistant do not require the exercise of                       specifically for home use;
independent judgment or responsibility within any area of                          h.    spun microhematocrit;
clinical laboratory science. The laboratory assistant may
perform high complexity tests under supervision as stated in                     i. hemoglobin by single analyte instrument with
CLIA.                                                                     self-contained or component features to perform
                                                                          specimen/reagent interaction providing direct measurement
    Laboratory Specialty―any category or subcategory                      or readout.
recognized as a specialty by a certifying agency for the
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
category of clinical laboratory scientist-specialist, including,
                                                                          37:1270(A)(5) and 37:1311-1329.
but not limited to, the categories of hematology,                           HISTORICAL NOTE: Promulgated by the Department of
microbiology, chemistry and blood bank, and the                           Health and Hospitals, Board of Medical Examiners, LR 20:1284
subcategories thereunder.                                                 (November 1994).
    Louisiana Clinical Laboratory Personnel Law or the                                  Subchapter B. Licensure and
Law―R.S. 37:1311-1329, as the same may be amended
hereafter.                                                                               Certification Requirements
     Phlebotomist―an individual performing invasive                       §3505. Licensure or Certification Generally
procedures to withdraw blood samples from the human body                     A. On and after January 1, 1995, no individual shall act
for the practice of clinical laboratory science, including but            as, or perform the duties of a clinical laboratory scientist-
not limited to, clinical laboratory testing for analysis and              generalist, clinical laboratory scientist-specialist, clinical
typing and cross-matching of blood for medical examination                laboratory     scientist-technician,    laboratory   assistant,
and human transfusion. A phlebotomist may perform and                     cytotechnologist, or phlebotomist unless such individual
report results of any waived tests.                                       possesses a current license or certification issued by the
     Practice of Clinical Laboratory Science―the                          board pursuant to this Chapter or is exempt from such
performance by any individual, other than a physician                     licensure or certification as provided by §3507.
licensed by the board, of laboratory testing, analysis, or                  AUTHORITY NOTE: Promulgated in accordance with R.S.
examination of human specimens.                                           37:1270(A)(5) and 37:1311-1329.
                                                                            HISTORICAL NOTE: Promulgated by the Department of
     Temporary License or Temporary Certificate―a license                 Health and Hospitals, Board of Medical Examiners, LR 20:1285
or certificate issued to an individual that qualifies by                  (November 1994).
education, experience, or training that will allow that
                                                                          §3507. Exceptions to Licensure or Certification
individual to engage in the practice of clinical laboratory
science at the appropriate level (CLS-G, CLS-S, CLS-T,                           Requirements
laboratory assistant, cytotechnologist, or phlebotomist).                   A. The licensure and certification requirements of this
     Trainee―an individual who has not fulfilled the                      Chapter shall not apply to:
educational requirements to take an approved nationally                        1. clinical laboratory personnel practicing exclusively
recognized certification examination or who needs to obtain               in, and in the course and scope of their employment by, a
full-time comprehensive experience under supervision.                     clinical laboratory operated by the United States
                                                                          government;

Louisiana Administrative Code                      June 2012        102
                                                           Title 46, Part XLV

     2. clinical laboratory personnel practicing exclusively              laboratory science and may apply for licensure or
in, and in the course and scope of their employment by, a                 certification as provided in this Chapter.
nonprofit laboratory operated and maintained exclusively for
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
instruction or research involving no individual patient or                37:1270(A)(5) and 37:1311-1329.
public health care service, provided the results of any                     HISTORICAL NOTE: Promulgated by the Department of
examination performed in such laboratory are not used                     Health and Hospitals, Board of Medical Examiners, LR 20:1286
directly in the diagnosis, evaluation, or treatment of human              (November 1994).
disease or disorder;                                                      §3509. Qualifications for Licensure and Certification
   3. any physician licensed by the board to practice                        A. Clinical Laboratory Scientist-Generalist. To be
medicine;                                                                 eligible for licensure as a clinical laboratory scientist-
     4. any individual working under the direction and                    generalist an applicant, in addition to satisfaction of the
supervision of a physician licensed by the board in an                    procedural requirements for licensure under this Chapter,
operating room, theater, emergency room, or intensive care                shall have successfully completed an approved nationally
unit;                                                                     recognized certification examination for such clinical
                                                                          laboratory personnel classification as developed and
     5. any pulmonary function technician acting within                   administered by one of the following organizations or their
the scope of performance of the practice of respiratory                   successor organizations:
therapy;
                                                                              1.        American Society of Clinical Pathologists (ASCP);
     6. any clinical perfusionist acting within the scope of
practice of perfusion in the support, treatment, measurement,                 2.        American Medical Technologists (AMT); or
or supplementation of the cardiopulmonary and circulatory                      3. American Association of Bioanalysts (AAB)
system of an individual patient;                                          provided, however, that an applicant for licensure as a CLS-
     7. any health care provider when acting within the                   G who has, prior to January 1, 1995, successfully completed
scope of practice authorized by his or her licensure,                     the certification examination for such clinical laboratory
certification, or registration;                                           personnel classification developed and administered by the
                                                                          United States Department of Health, Education, and Welfare
     8. any individual whose duties include only the                      (HEW) (predecessor to the Department of Health and
performance of waived tests, whether performed in a                       Human Services) shall also be eligible for licensure as a
physician's office laboratory, a hospital clinical laboratory, or         clinical laboratory scientist-generalist.
at the point of care, and which do not require the exercise of
independent judgment;                                                       B. Clinical Laboratory Scientist-Specialist. To be eligible
                                                                          for licensure as a clinical laboratory scientist-specialist, an
     9. any individual performing phlebotomy or acting as                 applicant, in addition to satisfaction of the procedural
a phlebotomist employed by or acting under the direction                  requirements for licensure under this Chapter, shall:
and supervision of a physician licensed by the board, a clinic
operated by a health care provider authorized by license to                    1. possess a baccalaureate or more advanced degree
perform clinical laboratory testing, a hospital, a nursing                from an accredited college or university with a major in one
home, or other licensed health care facility authorized by                of the chemical, physical, or biological sciences; and
licensure to perform clinical laboratory testing;                             2. have successfully completed an approved nationally
     10. any individual whose duties may include                          recognized certification examination for such clinical
demonstrating or instructing, or both, the use of any                     laboratory personnel classification, as developed and
automated or digital instrument, device, machine, or similar              administered by one of the following organizations:
mechanical equipment and related procedures utilized to                        a.         American    Society    of      Clinical   Pathologists
assist in the practice of clinical laboratory science, provided           (ASCP);
the results furnished by such equipment during
demonstration or instruction are not used in the diagnosis,                        b.     National Certification Agency (NCA);
evaluation, or treatment of human disease or disorder; or                          c.     American Society of Microbiology (ASM);
     11. individuals performing forensic testing and                          d. American Association of Clinical Chemistry
examinations of body fluids, tissues, cells, or blood solely              (AACC);
for the purpose of law enforcement and the state's criminal
justice system.                                                                    e.     American Board of Immunology (ABI);
   B. Any individual who is exempt from the requirement                            f.     American Board of Bioanalysts (ABB); or
of licensure or certification under this Chapter, but who                          g.     American Board of Forensic Toxicology (ABFT).
meets the qualifications for licensure or certification under
this Chapter, including any individual performing clinical                   C. Clinical Laboratory Scientist-Technician. To be
procedures for analysis of nonhuman specimens, shall be                   eligible for licensure as a clinical laboratory scientist-
considered actively engaged in the practice of clinical                   technician, an applicant, in addition to satisfaction of the
                                                                          procedural requirements for licensure under this Chapter,

                                                                    103                  Louisiana Administrative Code              June 2012
                                           PROFESSIONAL AND OCCUPATIONAL STANDARDS

shall have successfully completed an approved nationally                           a. the skills required for proper specimen collection,
recognized certification examination for such clinical                      including patient preparation, if applicable, labeling,
laboratory personnel classification, as developed and                       handling, preservation or fixation, processing or preparation,
administered by one of the following organizations or their                 transportation, and storage of specimens;
successor organizations:
                                                                                   b. the skills required for implementing all standard
    1.        American Society of Clinical Pathologists (ASCP);             laboratory procedures;
    2.        American Medical Technologists (AMT); or                           c. the skills required for performing each test
                                                                            method and for proper instrument use;
    3.        American Association of Bioanalysts (AAB).
                                                                                   d. the skills required for performing preventive
  D. Cytotechnologist. To be eligible for licensure as a
                                                                            maintenance, troubleshooting, and calibration procedures
cytotechnologist, an applicant, in addition to satisfaction of
                                                                            related to each test performed;
the procedural requirements for licensure under this Chapter,
shall:                                                                             e.   a working knowledge of reagent stability and
                                                                            storage;
     1. possess a baccalaureate degree from an accredited
college or university, fulfill the educational requirements                        f. the skills required to implement the quality
necessary to enroll in a school of cytotechnology, complete                 control policies and procedures of the laboratory;
one full year of full-time cytotechnology experience or its
                                                                                   g. an awareness of the factors that influence test
equivalent in an approved school of cytotechnology, and
                                                                            results; and
successfully complete an approved nationally recognized
certification examination for such clinical laboratory                             h. the skills required to assess and verify the
personnel classification, as developed and administered by                  validity of patient test results through the evaluation of
one of the following organizations:                                         quality control sample values prior to reporting patient test
                                                                            results; and
     a. American            Society   of    Clinical   Pathologists
(ASCP); or                                                                      4. have provided to the committee or board, upon
                                                                            good cause shown, the documentation of training
         b.     International Academy of Cytology (IAC);
                                                                            appropriate for the moderate complexity testing to be
    2. have successfully completed an approved nationally                   performed as provided in §3509.E.3.
recognized certification examination for such clinical
                                                                              F. Phlebotomist. To be eligible for certification as a
laboratory personnel classification, as developed and
                                                                            phlebotomist, an applicant, in addition to satisfaction of the
administered by one of the following organizations:
                                                                            procedural requirements for certification under this Chapter,
     a. American            Society   of    Clinical   Pathologists         shall:
(ASCP); or
                                                                                 1. have successfully completed a certification
         b.     International Academy of Cytology (IAC).                    examination approved or written and administered by the
                                                                            board and the committee following completion of a training
  E. Laboratory Assistant. To be eligible for licensure as a
                                                                            program for phlebotomists satisfactory to the board, upon
laboratory assistant, an applicant, in addition to satisfaction