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					                                                                               CONTENTS                                                                     February 2011

I.     EXECUTIVE ORDER
       BJ 11-01 Carry Forward Bond Allocation 2010 ........................................................................................................... 438
       BJ 11-02 Bond AllocationLocal Government Environmental Facilities and Community Development
                Authority ....................................................................................................................................................... 439
       BJ 11-03 Bond AllocationLocal Government Environmental Facilities and Community Development
                Authority ....................................................................................................................................................... 439
       BJ 11-04 State of EmergencyExtension of Qualifying in the Parish of Union .......................................................... 440

II.    EMERGENCY RULES
       Agriculture and Forestry
             Office of the CommissionerAflatoxin (LAC 7:XXVII.128) .................................................................................... 441
       Children and Family Services
             Division of ProgramsPortability of Criminal History, Religious Exemption, and Sex Offender Rule
                    (LAC 67:III.Chapter 73) ................................................................................................................................ 441
       Health and Hospitals
             Bureau of Health Services FinancingDisproportionate Share Hospital PaymentsNon-Rural Community
                    Hospitals (LAC 50.V.2701) ........................................................................................................................... 446
                Federally Qualified Health CentersDiabetes Self-Management Training (LAC 50:XI.Chapters
                    103-105 and 10701)..................................................................................................................................... 448
                Inpatient Hospital ServicesMajor Teaching HospitalsQualifying Criteria (LAC 50:V.1301-1309)................ 449
                Inpatient Hospital ServicesNon-Rural, Non-State HospitalsOutlier Payment Methodology Changes
                    (LAC 50:V.954)............................................................................................................................................. 452
                Inpatient Hospital ServicesState HospitalsSupplemental Payments (LAC 50:V.551)................................. 452
                Medicaid ProgramReimbursement Rate and Prescription Limit Reductions ................................................. 453
                Outpatient Hospital ServicesDiabetes Self-Management Training (LAC 50:V.Chapter 63) ........................... 454
                Pharmacy Benefits Management ProgramPrescription Limit Reduction (LAC 50:XXIX.113) ........................ 455
                Professional Services ProgramDiabetes Self-Management Training (LAC 50:IX.Chapter 7 and 15103) ...... 456
                Professional Services ProgramReimbursement MethodologySupplemental Payments
                    (LAC 50:IX.15151 and 15153) ..................................................................................................................... 457
                Rural Health ClinicsDiabetes Self-Management Training (LAC 50:XI.Chapters 163-165 and 16701)........... 458
       Natural Resources
             Office of ConservationStatewide Orders No. 29-B and 29-B-a (LAC 43:XIX.Chapters 2 and 11) ...................... 460
       Public Safety and Corrections
             Office of State PoliceCollection, Submission, Receipt, Identification, Storage and Disposal of DNA
                Samples (LAC 55:1.Chapter 27) ....................................................................................................................... 471
       Revenue
             Policy Services DivisionElectronic Filing Requirements for Oil or Gas Severance Tax (LAC 61:III.1525) .......... 474
       Wildlife and Fisheries
             Wildlife and Fisheries CommissionCrab Trap Closure and Derelict Crab Trap Clean-Up .................................. 475
                King Mackerel Commercial Season .................................................................................................................. 476
                Shrimp Season ClosureZone 1 ..................................................................................................................... 476
       Workforce Commission
             Office of Workers' CompensationMedical Guidelines (LAC 40:I.Chapters 20-23).............................................. 477

III.   RULES
       Agriculture and Forestry
            Agricultural Commodities CommissionAgricultural Commodity Dealer and Warehouse Law
                  (LAC 7:VII.Chapter 3 and XXVII.Chapter 1) ................................................................................................. 494
       Children and Family Services
            Child Welfare SectionDaycare Services―Residential Licensing (LAC 67:III.7303 and 7359) ........................... 513
            Economic Stability and Self-Sufficiency SectionDaycare Services―Residential Licensing
                  (LAC 67:III.7303 and 7359) .......................................................................................................................... 514

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                                                                                            i                       Louisiana Register Vol. 37, No. 02 February 20, 2011
      Economic Development
            Office of the Secretary, Office of Business DevelopmentRetention and Modernization Act
                   (LAC 13:I.Chapter 35) .................................................................................................................................. 514
            Office of Business Development, Office of Entertainment Industry Development Motion Picture
                   Investor Tax Credit Program (LAC 61:I.1607 and 1613) .............................................................................. 514
               Louisiana Filmmakers Grant Fund Program (LAC 61:I.Chapter 16) ................................................................. 515
      Education
            Board of Elementary and Secondary EducationBulletin 105—Louisiana Content Standards for Programs
                   Serving Four-Year Old Children (LAC 28:LXXVII.Chapters 1-9) .................................................................. 518
               Bulletin 741—Louisiana Handbook for School AdministratorsCurriculum Instruction
                   (LAC 28:CXV.2318 and 2319) ...................................................................................................................... 547
               Bulletin 746—Louisiana Standards for State Certification of School Personnel
                   (LAC 28:CXXXI.Chapters 2 and 6) .............................................................................................................. 549
               Bulletin 746—Louisiana Standards for State Certification of School Personnel―Alternate Teacher
                   Preparation Programs (LAC 28:CXXXI.243) ................................................................................................ 556
               Bulletin 746—Louisiana Standards for State Certification of School PersonnelLouisiana Teacher
                   Assistance and Assessment Program (LaTAAP) (LAC 28:CXXXI.233, 303, 305, 307, 309,
                   315, and 1003) ............................................................................................................................................. 558
               Bulletin 996―Standards for Approval of Teacher and/or Educational Leader Preparation Programs
                   (LAC 28:XLV.Chapters 3-13) ........................................................................................................................ 560
               Bulletin 1196—Louisiana Food and Nutrition Programs, Policies of Operation
                   (LAC 28:XLIX.Chapters 3, 5, 7, 25, 29, 33, 34, and 35) ............................................................................... 566
            Student Financial Assistance Commission, Office of Student Financial AssistanceScholarship/Grant
                   ProgramsApplications, Federal Grant Aid and ACT Test (LAC 28:IV.505) ................................................ 588
      Environmental Quality
            Office of the Secretary, Legal Affairs DivisionRemoval of Pesticide Application Exemption from
                   LPDES Permitting Requirements (LAC 33:IX.2315)(WQ082) ...................................................................... 588
      Governor
            Office of Financial InstitutionsResidential Mortgage Lending Program (LAC 10:XII.Chapter 1) ......................... 589
      Health and Hospitals
            Board of DentistryLicenses; Authorized Duties; Nitrous Oxide Inhalation (LAC 46:XXXIII.419, 701 and 1509) . 590
            Board of Examiners of Nursing Facility AdministratorsNursing Facility Administrators
                   (LAC 46:XLIX.Chapters 1-16) ...................................................................................................................... 590
            Board of Medical ExaminersClinical Laboratory Personnel, Licensure and Certification (LAC 46:XLV.3509) .... 596
            Bureau of Health Services FinancingInpatient Hospital Services Non-Rural, Non-State Hospitals
                   Children’s Specialty Hospitals (LAC 50:V.909) ............................................................................................. 597
            Office of Public HealthTuberculosis Control ProgramInmate Health (LAC 51:XVIII.301) ............................... 597
               Tuberculosis Control ProgramMandatory Testing (LAC 51:II.503) ................................................................ 598
      Insurance
            Office of the CommissionerRegulation Number 47Actuarial Opinion and Memorandum Regulation
                   (LAC 37:XIII.2111) ........................................................................................................................................ 598
      Public Safety and Corrections
            Corrections ServicesTelephone Use and Policy on Monitoring of Calls (LAC 22:I.315) ..................................... 599
            Office of the State Fire Marshal, State Uniform Construction Code CouncilState Uniform Construction
                   Code (LAC 55:VI.301) .................................................................................................................................. 601
      Wildlife and Fisheries
            Wildlife and Fisheries CommissionWildlife Rehabilitation Program (LAC 76:V.131) .......................................... 602

IV.   NOTICES OF INTENT
      Children and Family Services
           Division of ProgramsChild Care Assistance ProgramEmployment and Training (E and T) Hours
                 (LAC 67:III.5103 and 5105) .......................................................................................................................... 605
              Class "A" Regulations (LAC 67:III.Chapter 73) ................................................................................................. 607
      Education
           Board of Elementary and Secondary EducationBulletin 111—The Louisiana School, District, and State
                 Accountability System (LAC 28:LXXXIII.1101, 1102, 1103, and 1601) ......................................................... 639
              Bulletin 126—Charter Schools—Board of Director Composition (LAC 28:CXXXIX.2101) ................................ 641
              Bulletin 129—The Recovery School District (LAC 28:CXLV.Chapters 9, 13, 15, and 17) ................................. 642
              Bulletin 741—Louisiana Handbook for School Administrators (LAC 28:CXV.337 and 701) .............................. 645
              Bulletin 741—Louisiana Handbook for School AdministratorsClassroom Management Training
                 (LAC 28:CXV.337 and 1302) ........................................................................................................................ 646
              Bulletin 746—Louisiana Standards for State Certification of School Personnel—Certificate
                 Endorsements (LAC 28:CXXXI.601) ............................................................................................................ 647
              Bulletin 746—Louisiana Standards for State Certification of School Personnel—Early Interventionist
                 (LAC 28:CXXXI.625) .................................................................................................................................... 648

                                                                                          ii                       Louisiana Register Vol. 37, No. 02 February 20, 2011
               Bulletin 1929—Louisiana Accounting and Uniform Governmental Handbook
                   (LAC 28:XLI.301, 509, 701, 901, 903, 1101, 1105, and 1301) ..................................................................... 649
            Student Financial Assistance Commission, Office of Student Financial AssistanceScholarship/Grant
                   ProgramsAcademic Year (LAC 28:IV.301) ................................................................................................ 654
               Scholarship/Grant ProgramsTuition (LAC 28:IV.301) .................................................................................... 655
      Environmental Quality
            Office of the SecretaryNon-Road Engines (LAC 33:III.501 and 502)(AQ317).................................................... 656
               Pm2.5 NSR Implementation (LAC 33:III.504 and 509)(AQ318) ........................................................................ 658
      Firefighters’ Pension and Relief Fund
            Board of Trustees of the Firefighters’ Pension and Relief FundTax Qualification Provisions (LAC 58:V.2001) .. 662
      Governor
            Board of Architectural ExaminersTitles, Firm Names, and Assumed Names (LAC 46:I.Chapter 15) ................. 663
            Office of Financial InstitutionsBroker-Dealer and Investment Adviser Recordkeeping Requirements
                   (LAC 10:XIII.Chapter 17).............................................................................................................................. 666
      Health and Hospitals
            Board of DentistryAutomated External Defibrillator; Botox and Dermal Fillers; Licensure; Portable
                   and Mobile Dentistry; Nitrous Oxide; Sanctions; Examination of Dentist, Hygienists
                   (LAC 46:XXXIII.130, 132, 306, 313, 701, 712, 714, 720, 1511, 1709, and 1711) ......................................... 667
            Board of Examiners for Speech-Language Pathology and Audiology Speech Pathology and Audiology
                   (LAC 46:LXXV.Chapters 1, 3, 5, and 7) ....................................................................................................... 671
            Bureau of Health ServicesCoordinated Care Network (LAC 50:I.Chapters 31-40) ............................................ 680
            Licensed Professional Counselors Board of ExaminersLicense of Title for Marriage and Family Therapy
                   (LAC 46:LX. 3303, 3305, 3309 and 3311) .................................................................................................... 706
            Office of Aging and Adult ServicesLouisiana Physician Order for Scope of Treatment (LAC 48:I.Chapter 2) .... 709
      Natural Resources
            Office of ConservationWater Well Notification Requirements (LAC 43:VI.701) ................................................... 711
      Public Safety and Corrections
            Corrections ServicesJudicial Agency Residential Referral Facilities (LAC 22:I.Chapter 13) .............................. 712
               Non-Medical Furloughs (LAC 22:I.305) ............................................................................................................ 720
            Office of State PoliceBreath and Blood Alcohol Analysis Methods and Techniques (LAC 55:I.555 and 581) ..... 720
               Breath and Blood Alcohol Analysis Methods and Techniques (LAC 55:I.583)................................................... 721
               Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples
                   (LAC 55:1.Chapter 27) ................................................................................................................................. 722
      Treasury
            Deferred Compensation CommissionPublic Employees Deferred Compensation Plan
                   (LAC 32:VII.101, 301, 305, 317, 323, 721, 723, and 1107) .......................................................................... 723
      Wildlife and Fisheries
            Wildlife and Fisheries CommissionGeneral and Wildlife Management Area Hunting Rules and
                   Regulations (LAC 76:XIX.111) ..................................................................................................................... 728
               Methods of Payment for Commercial Licenses and Oyster Tags (LAC 76:VII.413) .......................................... 745
               Resident Game Hunting Season (LAC 76:XIX.101 and 103) ........................................................................... 746

V.    POTPOURRI
      Agriculture and Forestry
           Horticulture CommissionLandscape Architect Registration Exam...................................................................... 751
      Environmental Quality
           Office of the Secretary, Legal Affairs DivisionStandards for the Use or Disposal of Sewage
                 Sludge and Biosolids (LAC 33:IX.Chapter 73) ............................................................................................. 751
      Health and Hospitals
           Emergency Response Network BoardInterregional Transfer Protocol ............................................................... 751
              Standard LERN Entry and Destination Criteria ................................................................................................. 752
      Natural Resources
           Office of ConservationOrphaned Oilfield Sites ................................................................................................... 755
           Office of the Secretary, Fishermen’s Gear Compensation FundLoran Coordinates ........................................... 755

VI.   INDEX ............................................................................................................................................................................. 756




                                                                                               iii                       Louisiana Register Vol. 37, No. 02 February 20, 2011
                                        Executive Orders
             EXECUTIVE ORDER BJ 11-01                                 carry-forward filed by the designated issuers, the excess
                                                                      private activity bond volume limit under the 2010 Ceiling is
           Carry-Forward Bond Allocation 2010
                                                                      hereby allocated to the following issuers, for the following
                                                                      carry-forward projects, and in the following amounts:
     WHEREAS, pursuant to the Tax Reform Act of 1986
and Act 51 of the 1986 Regular Session of the Louisiana                                         Carry-Forward          Carry-Forward
Legislature (hereafter ―Act‖), Executive Order No. BJ 2008-                 Issuer                   Project              Amount
47 was issued to establish                                                                     Mallard Crossing
         (1) a method for allocating bonds subject to private                                      Apartments
activity bond volume limits, including the method of                   Louisiana Housing      Multifamily Housing
                                                                        Finance Agency           Revenue Bond            $14,107,000
allocating bonds subject to the private activity bond volume                                  Woodcrest Apartments
limits for the calendar year 2008 and subsequent calendar              Louisiana Housing      Multifamily Housing
years;                                                                  Finance Agency           Revenue Bond            $7,872,000
         (2) the procedure for obtaining an allocation of                                       Blue Plate Lofts
                                                                       Louisiana Housing      Multifamily Housing
bonds under the ceiling; and                                            Finance Agency           Revenue Bond            $15,000,000
         (3) a system of central record keeping for such                                          GCHP-MLK
allocations;                                                          Finance Authority of    Multifamily Housing
     WHEREAS, Section 4(H) of No. BJ 2008-47                              New Orleans            Revenue Bond            $10,000,000
provides that if the ceiling for a calendar year exceeds the           Louisiana Housing      Multifamily Mortgage
                                                                        Finance Agency           Revenue Bond           $100,000,000
aggregate amount of bonds subject to the private activity             Finance Authority of    Multifamily Mortgage
bond volume limit issued during the year by all issuers, by               New Orleans            Revenue Bond            $10,000,000
executive order, the Governor may allocate the excess                                            Single Family
amount to issuers or an issuer for use as a carry-forward for          Louisiana Housing       Mortgage Revenue
one or more carry-forward projects permitted under the Act;            Finance Authority              Bond               $61,826,960
                                                                       East Baton Rouge          Single Family
     WHEREAS, The sum of four hundred four million                     Mortgage Finance        Mortgage Revenue
two hundred eighty six thousand eight hundred forty dollars                Authority                  Bond               $61,826,960
($404,286,840) represents the amount of the ceiling                                              Single Family
determined by the staff of the Louisiana State Bond                   Finance Authority of     Mortgage Revenue
                                                                          New Orleans                 Bond               $41,226,217
Commission (―SBC‖) for private activity bond volume limits
                                                                                                 Single Family
for the year 2010 (―2010 Ceiling‖);                                   Finance Authority of     Mortgage Revenue
     WHEREAS, Executive Order No. BJ 2010-10, issued                      New Orleans                 Bond               $41,226,217
on June 9, 2010 allocated two million five hundred thousand                                      Single Family
dollars ($2,500,000) from the 2010 Ceiling to the Local               Finance Authority of     Mortgage Revenue
                                                                      St. Tammany Parish              Bond               $20,600,743
Government Environmental Facilities and Community                                                Single Family
Development Authority for a multi-purpose building, and                 Rapides Finance        Mortgage Revenue
two million five hundred thousand dollars ($2,500,000) of                  Authority                  Bond               $20,600,743
the allocation was returned unused to the 2010 Ceiling;
     WHEREAS, Four hundred one million seven                               SECTION 2: All references in this Order to the
hundred eighty six thousand eight hundred forty dollars               singular shall include the plural, and all plural references
($401,786,840) of the 2010 Ceiling was not allocated during           shall include the singular.
the 2010 calendar year; and two million five hundred                       SECTION 3: This Order is effective upon signature
thousand dollars ($2,500,000) of the 2010 Ceiling was                 and shall remain in effect until amended, modified,
returned; and                                                         terminated, or rescinded by the Governor, or terminated by
     WHEREAS, The SBC has determined that four                        operation of law.
hundred four million two hundred eighty six thousand eight                 IN WITNESS WHEREOF, I have set my hand
hundred forty dollars ($404,286,840) of the excess 2010               officially and caused to be affixed the Great Seal of the State
Ceiling is eligible as carry-forward and the Governor desires         of Louisiana, at the Capitol, in the City of Baton Rouge, on
to allocate this amount as carry-forward for projects which           this 9th day of February, 2011.
are permitted and eligible under the Act;
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                                                     Bobby Jindal
the State of Louisiana, by virtue of the authority vested by                                         Governor
the Constitution and the laws of the State of Louisiana, do           ATTEST BY
hereby order and direct as follows:                                   THE GOVERNOR
     SECTION 1: Pursuant to and in accordance with the                Jay Dardenne
provisions of Section 146(f) of the Internal Revenue Code of          Secretary of State
1986, as amended, and in accordance with the requests for             1102#046


                                                                438                  Louisiana Register Vol. 37, No. 02 February 20, 2011
                                                                               IN WITNESS WHEREOF, I have set my hand
                                                                          officially and caused to be affixed the Great Seal of
             EXECUTIVE ORDER BJ 11-02                                     Louisiana, at the Capitol, in the City of Baton Rouge, on this
                                                                          9th day of February, 2011.
   Bond AllocationLocal Government Environmental
    Facilities and Community Development Authority                                                     Bobby Jindal
                                                                                                       Governor
     WHEREAS, pursuant to the Tax Reform Act of 1986                      ATTEST BY
and Act 51 of the 1986 Regular Session of the Louisiana                   THE GOVERNOR
Legislature, Executive Order No. BJ 2008-47 was issued to                 Jay Dardenne
establish:                                                                Secretary of State
         (1) a method for allocating bonds subject to private             1102#047
activity bond volume limits, including the method of
allocating bonds subject to the private activity bond volume                              EXECUTIVE ORDER BJ 11-03
limits (hereafter ―Ceiling‖);
         (2) the procedure for obtaining an allocation of                    Bond AllocationLocal Government Environmental
                                                                              Facilities and Community Development Authority
bonds under the Ceiling; and
         (3) a system of central record keeping for such
allocations; and                                                               WHEREAS, pursuant to the Tax Reform Act of 1986
     WHEREAS, The Louisiana Local Government                              and Act 51 of the 1986 Regular Session of the Louisiana
Environmental Facilities and Community Development                        Legislature, Executive Order No. BJ 2008-47 was issued to
Authority has applied for an allocation of the 2011 Ceiling               establish:
to be used in connection with the financing of the                                (1) a method for allocating bonds subject to private
acquisition, construction, rehabilitation and equipping of one            activity bond volume limits, including the method of
or more distributive sewer systems;                                       allocating bonds subject to the private activity bond volume
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                          limits (hereafter ―Ceiling‖);
the State of Louisiana, by virtue of the authority vested by                      (2) the procedure for obtaining an allocation of
the Constitution and the laws of the State of Louisiana, do               bonds under the Ceiling; and
hereby order and direct as follows:                                               (3) a system of central record keeping for such
     SECTION 1: The bond issue, as described in this                      allocations; and
Section, shall be and is hereby granted an allocation from the                 WHEREAS, The Louisiana Local Government
2011 Ceiling in the amount shown:                                         Environmental Facilities and Community Development
                                                                          Authority has applied for an allocation of the 2011 Ceiling
                                                                          to be used in connection with the financing of the
    Amount of
    Allocation          Name of Issuer          Name of Project           acquisition, construction, rehabilitation and equipping of one
                       Local Government                                   or more distributive sewer systems;
                     Environmental Facilities                                  NOW THEREFORE, I, BOBBY JINDAL, Governor of
                        and Community           Fourth Ward Water         the State of Louisiana, by virtue of the authority vested by
    $1,400,000       Development Authority         Association
                                                                          the Constitution and the laws of the State of Louisiana, do
                                                                          hereby order and direct as follows:
     SECTION 2: The allocation granted herein shall be                         SECTION 1: The bond issue, as described in this
used only for the bond issue described in Section 1 and for               Section, shall be and is hereby granted an allocation from the
the general purpose set forth in the ―Application for                     2011 Ceiling in the amount shown:
Allocation of a Portion of the State of Louisiana‘s Private
Activity Bond Ceiling‖ submitted in connection with the                      Amount of
bond issue described in Section 1.                                           Allocation            Name of Issuer          Name of Project
     SECTION 3: The allocation granted herein shall be                                           Local Government
valid and in full force and effect through December 31,                                      Environmental Faculties and
                                                                                              Community Development        Fourth Ward Water
2011, provided that such bonds are delivered to the initial                  $5,780,000              Authority                Association
purchasers thereof on or before May 10, 2011.
     SECTION 4: All references in this Order to the
singular shall include the plural, and all plural references                  SECTION 2: The allocation granted herein shall be
shall include the singular.                                               used only for the bond issue described in Section 1 and for
     SECTION 5: This Order is effective upon signature                    the general purpose set forth in the ―Application for
and shall remain in effect until amended, modified,                       Allocation of a Portion of the State of Louisiana‘s Private
terminated, or rescinded by the Governor, or terminated by                Activity Bond Ceiling‖ submitted in connection with the
operation of law.                                                         bond issue described in Section 1.




                                                                    439              Louisiana Register Vol. 37, No. 02 February 20, 2011
     SECTION 3: The allocation granted herein shall be                 suspended and resume at 8:30 a.m. on Friday, February 11,
valid and in full force and effect through December 31,                2011 and conclude at 5:00 p.m. on Monday, February 14,
2011, provided that such bonds are delivered to the initial            2011;
purchasers thereof on or before May 10, 2011.                               NOW THEREFORE, I, BOBBY JINDAL, Governor of
     SECTION 4: All references in this Order to the                    the State of Louisiana, by virtue of the authority vested by
singular shall include the plural, and all plural references           the Constitution and the laws of the State of Louisiana, do
shall include the singular.                                            hereby order and direct as follows:
     SECTION 5: This Order is effective upon signature                      SECTION 1: Under the authority of R.S. 18:401.1(B)
and shall remain in effect until amended, modified,                    and based on the February 10, 2011 certification from the
terminated, or rescinded by the Governor, or terminated by             Secretary of State that a state of emergency exists in the
operation of law.                                                      parish of Union and the February 10, 2011 recommendation
     IN WITNESS WHEREOF, I have set my hand                            that the qualifying period in this parish be suspended and
officially and caused to be affixed the Great Seal of                  resume at 8:30 a.m. on Friday, February 11, 2011 and
Louisiana, at the Capitol, in the City of Baton Rouge, on this         conclude at 5:00 pm. on Monday, February 14, 2011, a state
9th day of February, 2011.                                             of emergency is hereby declared to exist in the following
                                                                       parish and qualifying in the following parish is hereby
                           Bobby Jindal                                suspended for the time periods and dates designated:
                           Governor                                         Parish of Union, Chief of Police, Village of Lillie,
ATTEST BY                                                              suspended from 8:30 a.m. to 5:00 p.m. on Thursday,
THE GOVERNOR                                                           February 10, 2011;
Jay Dardenne                                                                Parish of Union, Chief of Police, Village of Spearsville,
Secretary of State                                                     suspended from 8:30 a.m. to 5:00 p.m. on Thursday,
1102#048                                                               February 10, 2011;
                                                                            SECTION 2: In accordance with the procedures set
             EXECUTIVE ORDER BJ 11-04                                  forth in R.S. 18:401.1, qualifying in the parish of Union
                                                                       shall be rescheduled for and/or resume at 8:30 a.m. on
             State of Emergency—Extension of
                                                                       Friday, February 11, 2011, and conclude at 5:00 p.m. on
             Qualifying in the Parish of Union
                                                                       Monday, February 14, 2011.
                                                                            SECTION 3: This Order is effective upon signature.
     WHEREAS, ―in order to ensure maximum citizen
                                                                            IN WITNESS WHEREOF, I have set my hand
participation in the electoral process and provide a safe and
                                                                       officially and caused to be affixed the Great Seal of
orderly procedure for persons seeking to qualify or exercise
                                                                       Louisiana, at the Capitol, in the City of Baton Rouge, on this
their right to vote, to minimize to whatever degree possible a         10th day of February, 2011.
person‘s exposure to danger during declared states of
emergency, and to protect the integrity of the electoral
                                                                                                  Bobby Jindal
process,‖ the Louisiana Legislature enacted R.S. 18:401.1 to
                                                                                                  Governor
provide ―a procedure for the emergency suspension or delay
                                                                       ATTEST BY
and rescheduling of qualifying, early voting, and elections‖;
                                                                       THE GOVERNOR
and                                                                    Jay Dardenne
     WHEREAS, on February 10, 2011, pursuant to the                    Secretary of State
provisions of R.S. 18:401.1(B), the Secretary of State                 1102#089
certified to the Governor that as a result of severe weather
conditions, a state of emergency exists in the parish of Union
and they recommend that qualifying in that parish be




                                                                 440              Louisiana Register Vol. 37, No. 02 February 20, 2011
                                                  Emergency Rules
            DECLARATION OF EMERGENCY                                           Unit Inspection Fees:
                                                                                 Aflatoxin Testing, per sample                    $30.00
          Department of Agriculture and Forestry                                 Hopper Car, per car                              $20.00
               Office of the Commissioner                                        Boxcar, per car                                  $15.00
          Agricultural Commodities Commission                                    Truck/Trailer, per carrier                       $10.00
                                                                                 Barge, per 1,000 bushels                         $ 2.50
                  Aflatoxin (LAC 7:XXVII.128)                                    Submitted sample inspection                      $12.00
                                                                                 Re-grade grain sample                            $15.00

   In accordance with the emergency provisions of the
Administrative Procedures Act, LA R.S. 49:953 (B), and the                    D. - D.2. …
                                                                               AUTHORITY NOTE: Promulgated in accordance with R.S.
authority of R.S. 3:3405, the Louisiana Agricultural
                                                                            3:3405, R.S. 3:3414.3 and R.S. 3:3422.
Commodities Commission proposes to adopt by Emergency                          HISTORICAL NOTE: Promulgated by the Department of
Rule fees for the testing and sampling of aflatoxin for corn.               Agriculture, Office of Agro-Consumer Services, Agricultural
   Aflatoxin is a toxic metabolite produced primarily by a                  Commodities Commission, LR 12:287 (May 1986), amended LR
naturally occurring fungus that affects corn. Aflatoxin is                  14:528 (August 1988), LR 19:889 (July 1993), LR 23:196
listed as a human and animal carcinogen. Aflatoxicosis in                   (February 1997), LR 27:815 (June 2001), amended by the
humans is characterized by vomiting, abdominal pain,                        Department of Agriculture and Forestry, Office of the
pulmonary edema, convulsions, coma and death with                           Commissioner, Agricultural Commodities Commission, LR 30:197
cerebral edema and fatty involvement of the liver, kidneys                  (February 2004), LR 37:
and heart. Aflatoxicosis in animals causes liver damage,
cancer, decreased mild and egg production, increased                                                       Dr. Mike Strain, DVM
infections due to immunity suppression, anemia, jaundice                                                   Commissioner
                                                                            1102#026
and death. Aflatoxicosis in humans and animals results from
the eating of food contaminated with aflatoxin. The United
States Food and Drug Administration have established a                                 DECLARATION OF EMERGENCY
limit of 20 parts per billion for aflatoxin in foods to be                         Department of Children and Family Services
consumed by humans.                                                                          Division of Programs
   The presence and levels of aflatoxin in corn can be
determined only by sampling and testing the corn. The                                  Portability of Criminal History, Religious
accuracy and reliability of the methods of testing corn                                   Exemption, and Sex Offender Rule
directly affect both the marketability of the corn and the                                      (LAC 67:III.Chapter 73)
price received for the corn by the farmer and operators of
grain elevators. Failure to immediately implement                              The Department of Children and Family Services (DCFS),
regulations governing the testing of corn at grain elevators                has exercised the emergency provision in accordance with
creates and imminent peril to the public health, safety and                 R.S. 49:950 et seq., the Administrative Code Act to adopt
welfare of the farmers and economy of this state.                           LAC 67, Part III, Subpart 21 Chapter 73, Sections 7302,
   The Louisiana Agricultural Commodities Commission                        7303, 7305, 7311, 7357, 7359, 7361 and 7365 Child Care
has, therefore, determined that these Emergency Rules are                   Licensing to comply with Acts 429, 508 and 569 of the 2010
necessary in order to ensure an accurate and reliable                       Regular Session of the Louisiana Legislature and Act 210 of
sampling and testing of corn for aflatoxin.                                 the 2009 Regular Session of the Louisiana Legislature. This
   This Rule becomes effective on February 11, 2011 and                     Emergency Rule is effective upon the signature of the DCFS
will remain in effect for 120 days, unless renewed or until                 secretary and shall remain in effect for a period of 120 days.
permanent rules are promulgated in accordance with law.                     This declaration is necessary to extend the original
                            Title 7                                         Emergency Rule effective November 10, 2010 since it is
            AGRICULTURE AND ANIMALS                                         effective for a maximum of 120 days and will expire on
     Part XXVII. Agricultural Commodity Dealer and                          March 9, 2011 before the final Rule takes effect. (The final
                       Warehouse Law                                        Rule will be published in the March 20, 2011 issue of the
Chapter 1.       Agricultural Commodities Commission                        Louisiana Register.)
Subchapter E. Assessments and Fees                                             The Department of Children and Family Services finds
§128. Fees: Amount, Time of Payment                                         that an imminent threat to the safety and welfare of children
   A .- C.3. …                                                              in licensed child care facilities exists. Pursuant to Act 508 of
     4. Official Services (including sampling except as                     the 2010 Legislative Session, the Department of Children
indicated)                                                                  and Family Services finds it necessary to allow for the
                                                                            portability of criminal history information. This rule shall
   Online D/T sampling inspection service                    $25.00
   (sampling, grading and certification), per regular hour
                                                                            allow an individual applying for a position of supervisory or
   Overtime hourly rate, per hour                            $40.00         disciplinary authority over children in a child care facility, or

                                                                      441                Louisiana Register Vol. 37, No. 02 February 20, 2011
an independent contractor who performs work in a child care               week. Related or relative is defined as the natural or adopted
facility, to receive a certified copy of his/her criminal history         child or grandchild of the caregiver or a child in the legal
information upon written request to the Louisiana Bureau of               custody of the caregiver.
Criminal Identification and Information Section of the                       In accordance with Act 429 and Act 569 of the 2010
Louisiana State Police. The certified copy of the criminal                Legislative Session, a recognized religious organization
background check may be accepted by a prospective                         which is qualified as a tax-exempt organization under
employer and shall be deemed to satisfy the requirements of               Section 501(c) of the Internal Revenue Code, which remains
R.S. 15:587.1 for each facility requesting criminal history               open for not more than 24 hours in a continuous 7-day week,
information for a period of one year from the date of                     and in which no individual child remains for more than 24
issuance of the certified copy.                                           hours in one continuous stay shall not be considered a "day
   In accordance with Acts 429 and 569 of the 2010                        care center" for the purposes of this Chapter. In addition,
Legislative Session a recognized religious organization                   there shall be a moratorium on the enforcement of any rule
which is qualified as a tax-exempt organization under
                                                                          and regulation by the Department of Children and Family
Section 501(c) of the Internal Revenue Code, which remains
                                                                          Services upon a child care facility, operated by a religious,
open for not more than 24 hours in a continuous 7-day week,
                                                                          nonprofit organization which is exempt from federal income
and in which no individual child remains for more than 24
hours in one continuous stay shall not be considered a "day               taxes pursuant to 26 U.S.C. 501(c)(3), and which was not
care center" for the purposes of this Chapter. In addition,               licensed as either a Class A or Class B facility on June 1,
there shall be a moratorium on the enforcement of any rule                2010, and provides childcare for not less than 25 hours and
and regulation by the Department of Children and Family                   not more than 40 hours in a continuous 7-day week. This
Services upon a child care facility, operated by a religious,             moratorium shall terminate and cease to be effective upon
nonprofit organization which is exempt from federal income                July 1, 2011.
taxes pursuant to 26 U.S.C. 501(c)(3), and which was not                     B. - F.6. ...
licensed as either a Class ―A‖ or Class ―B‖ facility on June                 AUTHORITY NOTE: Promulgated in accordance with R.S.
1, 2010, and provides childcare for not less than 25 hours                46:1401 et seq.
                                                                             HISTORICAL NOTE: Promulgated by the Department of
and not more than 40 hours in a continuous 7-day week.                    Health and Human Resources, Office of the Secretary, Division of
This moratorium shall terminate and cease to be effective                 Licensing and Certification, LR 13:246 (April 1987), amended by
upon July 1, 2011.                                                        the Department of Social Services, Office of the Secretary, Bureau
   Pursuant to Act 210 of the 2009 Legislative Session, any               of Licensing, LR 20:450 (April 1994), LR 24:2345 (December
person that has been convicted of a sex offense as defined in             1998), LR 29:1107 (July 2003), repromulgated by the Department
R.S. 15:541, is prohibited from owning, operating, or in any              of Social Services, Office of Family Support, LR 33:2755
way participating in the governance of a child day care                   (December 2007), amended LR 36:332 (February 2010), LR
facility. The department also prohibits any employer from                 36:847 (April 2010), amended by the Department of Children and
knowingly employing a person convicted of a sex offense as                Family Services, LR 37:
defined in R.S. 15:541, to work in a day care center or a                 §7303. Procedures
child day care facility. This rule shall also require any                   A.1. - A.2.g.viii. ...
owner/owners of a child day care facility to provide                                ix. three current, positive, signed references on
documentation of a satisfactory criminal record check, as                 director designee (if applicable);
required by R.S. 15:587.1.                                                           x. licensure survey verifying compliance with all
                              Title 67                                    minimum standards;
                     SOCIAL SERVICES                                                xi. documentation of a satisfactory criminal record
              Part III. Office of Family Support                          clearance for all staff including all owners and operators;
               Subpart 21. Child Care Licensing                           and
Chapter 73. Day Care Centers                                                       xii. documentation of completed State Central
Subchapter A. Licensing Class “A” Regulations for                         Registry disclosure forms noting no justified (valid) finding
                  Child Care Centers                                      of abuse and/or neglect for all staff or documentation from
§7302. Authority                                                          the Risk Assessment Panel or Division of Administrative
   A. Legislative Provisions. The state of Louisiana,                     Law noting that the individual does not pose a risk to
Department of Children and Family Services, is charged                    children.
with the responsibility for developing and publishing                          3. - 4.h. ...
standards for the licensing of child care centers. The                            i. three current, positive, signed references on
licensing authority of the Department of Children and                     director designee (if applicable);
Family Services is established by R.S. 46:1401 et seq.,                           j. copy of bill of sale;
making mandatory the licensing of all child care facilities                       k. documentation of a satisfactory criminal record
and child placing agencies, including child care centers. R.S.            clearance for all owners and operators and all staff not
46:1403 defines a child day care facility as any place or                 employed by the previous owner; and
facility operated by any institution, society, agency,                            l. documentation of completed state central registry
corporation, person or persons, or any other group for the                disclosure forms noting no justified (valid) finding of abuse
purpose of providing care, supervision, and guidance of                   and/or neglect for all staff or documentation from the Risk
seven or more children, not including those related to the                Assessment Panel or Division of Administrative Law noting
caregiver, unaccompanied by parent or guardian, on a                      that the individual does not pose a risk to children.
                                                                               NOTE: If the above information is not received prior to the
regular basis for at least 12 1/2 hours in a continuous 7-day                  sale or day of the sale, the new owner must not operate until a

                                                                    442               Louisiana Register Vol. 37, No. 02 February 20, 2011
     license is issued. When the application is received, it will be         nolo contendere to any offense included in R.S. 15:587.1,
     treated as an initial application rather than a change of
                                                                             R.S. 14:2, R.S. 15:541 or any offense involving a juvenile
     ownership.
   A.5. - C.3. ...                                                           victim, shall directly or indirectly own, operate or participate
     4. The bureau shall be notified prior to making                         in the governance of a child care facility.
changes which may have an effect upon the license, e.g., age                      2. New members/owners added to a partnership,
range of children served, usage of indoor and outdoor space,                 church, corporation, limited liability corporation or
director, hours/months/days of operation, transportation, etc.               governmental entity which does not constitute a change of
   D. Denial, Revocation or Non-Renewal of License. An                       ownership shall provide documentation of a satisfactory
application for a license may be denied, or a license may be                 criminal record check as required by R.S. 46:51.2 and R.S.
revoked, or renewal denied, for any of the following reasons:                15.587.1. No member/owner with a criminal conviction of
     1. - 14. ...                                                            conviction of a felony, a plea of guilty or nolo contendere of
     15. presence or use of any recalled product by the                      a felony, or plea of guilty or nolo contendere to any offense
provider that is listed in the newsletters issued by the Office              included in R.S. 15:587.1, R.S. 14:2, R.S. 15:541 or any
of the Attorney General;                                                     offense involving a juvenile victim, shall directly or
     16. failure to attend any mandatory training session                    indirectly own, operate or participate in the governance of a
offered by the bureau;                                                       child care facility.
     17. presence of an individual with a justified (valid)                       3. Every owner shall submit the criminal background
finding of child/abuse neglect not being directly supervised                 check showing that he or she has not been convicted of any
by another paid employee of the facility, who has not                        offense enumerated in R.S. 15:587.1 or a felony, or plea of
disclosed that their name appears with a justified (valid)                   guilty or nolo contendere to any offense included in R.S.
finding on the state central registry until a determination by               15:587.1, R.S. 14:2, R.S. 15:541 or any offense involving a
the Risk Evaluation Panel or Division of Administrative Law                  juvenile victim, together with the initial application or, in the
that the individual does not pose a risk to children;                        case of an existing center, with the application for renewal of
     18. presence of an individual on the child care premises                the license. If the criminal background check shows that any
with a ruling by the Risk Evaluation Panel that the                          owner has been convicted of any enumerated offense under
individual poses a risk to children and the individual has not               R.S. 15:587.1 or a felony, a plea of guilty or nolo contendere
requested an appeal hearing by the Division of                               of a felony, or any offense involving a juvenile victim, the
Administrative Law within the required time frame;                           owner or director shall submit the information to the
     19. presence of an individual on the child care premises                licensing section management staff within 24 hours or no
with a ruling by the Division of Administrative Law that the                 later than the next business day, whichever is sooner, upon
individual poses a risk to children; or                                      receipt of the result.
     20. having knowledge that a convicted sex offender is                        4. The physical presence of a sex offender in, on, or
physically present within 1000 feet of the child care facility               within 1,000 feet of a child day care facility is prohibited.
and failing to notify law enforcement and licensing                          Providers and child care staff shall not permit an individual
management staff immediately upon receipt of such                            convicted of a sex offense as defined in R.S. 15:541 physical
knowledge.                                                                   access to a child day care facility as defined in R.S. 46:1403.
   E. - H.4. ...                                                                  5. The owner or director of a child day care facility
   AUTHORITY NOTE: Promulgated in accordance with R.S.                       shall be required to call and notify law enforcement agencies
46:1401 et seq.                                                              and the licensing section management staff if a sex offender
   HISTORICAL NOTE: Promulgated by the Department of                         is on the premises of the child day care facility or within
Health and Human Resources, Office of the Secretary, Division of             1,000 feet of the child day care facility. The licensing office
Licensing and Certification, LR 13:246 (April 1987), amended by              shall be contacted immediately. The verbal report shall be
the Department of Social Services, Office of the Secretary, Bureau           followed by a written report.
of Licensing, LR 20:450 (April 1994), LR 24:2345 (December                      AUTHORITY NOTE: Promulgated in accordance with R.S.
1998), LR 29:1108 (July 2003), repromulgated by the Department               46:1401 et seq.
of Social Services, Office of Family Support, LR 33:2756                        HISTORICAL NOTE: Promulgated by the Department of
(December 2007), amended LR 36:333 (February 2010), LR                       Health and Human Resources, Office of the Secretary, Division of
36:832 (April 2010), repromulgated LR 36:1272 (June 2010),                   Licensing and Certification, LR 13:246 (April 1987), amended by
amended LR 36:1279 (June 2010), amended by the Department of                 the Department of Social Services, Office of the Secretary, Bureau
Children and Family Services, LR 37:                                         of Licensing, LR 20:450 (April 1994), LR 24:2345 (December
§7305. General Requirements                                                  1998), LR 29:1112 (July 2003), repromulgated by the Department
   A. - M. ...                                                               of Social Services, Office of Family Support, LR 33:2759
   N. Conditions for Participation in a Child-Related                        (December 2007), amended LR 36:333 (February 2010), amended
Business                                                                     by the Department of Children and Family Services, LR 37:
     1. Any owner/owners of a child day care facility shall                  §7311. Personnel Records
provide documentation of a satisfactory criminal record                        A. - A.4. ...
check, as required by R.S. 46:51.2 and R.S. 15:587.1. A                          5. documentation of a satisfactory criminal record
criminal background check shall be required of each owner                    check from Louisiana State Police as required by R.S.
of a facility submitting a new application, change of                        46:51.2. This check shall be obtained prior to the individual
ownership application, change of location application,                       being present in the child care facility. No person who has
and/or application for renewal for a child day care license.                 been convicted of, or pled guilty or nolo contendere to any
No person with a criminal conviction of a felony, a plea of                  offense included in R.S. 15:587.1, R.S. 14:2, R.S. 15:541 or
guilty or nolo contendere of a felony, or plea of guilty or                  any offense involving a juvenile victim, shall be eligible to

                                                                       443               Louisiana Register Vol. 37, No. 02 February 20, 2011
own, operate, and/or be present in any capacity in any                     providing services to a child or children at the child care
licensed child care facility. For any owner or operator, a                 facility. If the clearance is not obtained by the provider prior
clear criminal background check in accordance with R.S.                    to the one year date of issuance of the certified criminal
46:51.2 shall be obtained prior to the issuance of a license or            background check, the individual shall no longer be allowed
approval of a change of ownership. In addition, neither an                 on the child care premises until a clearance is received. This
owner, nor a director, nor a director designee shall have a                criminal background check shall be accepted by the
conviction of, or pled guilty or nolo contendere to any crime              department for a period of one year from the date of issuance
in which an act of fraud or intent to defraud is an element of             of the certified copy. A photocopy of the certified copy shall
the offense.                                                               be kept on file at the facility.
        a. An individual who applies for a position of                        B.2. - C.3.d. ...
supervisory or disciplinary authority over children in a child                AUTHORITY NOTE: Promulgated in accordance with R.S.
care facility may provide a certified copy of their criminal               46:1401 et seq.
background check obtained from the Louisiana Bureau of                        HISTORICAL NOTE: Promulgated by the Department of
Criminal Identification and Information Section of the                     Health and Human Resources, Office of the Secretary, Division of
                                                                           Licensing and Certification, LR 13:246 (April 1987), amended by
Louisiana State Police. If an individual provides a certified              the Department of Social Services, Office of the Secretary, Bureau
copy of their criminal background check obtained from the                  of Licensing, LR 20:450 (April 1994), LR 24:2345 (December
Louisiana State Police to the provider, this criminal                      1998), LR 29:1114 (July 2003), repromulgated by the Department
background check shall be accepted by the department for a                 of Social Services, Office of Family Support, LR 33:2762
period of one year from the date of issuance of the certified              (December 2007), amended by the Department of Children and
copy. A photocopy of the certified copy shall be kept on file              Family Services, LR 37:
at the facility in which the individual is currently employed.                           Subpart 21. Child Care Licensing
However, prior to the one year date of issuance of the                     Chapter 73. Day Care Centers
certified criminal background check, the provider shall                    Subchapter B. Licensing Class “B” Regulations for
request and obtain a satisfactory criminal check from                                        Child Care Centers
Louisiana State Police in order for the individual to continue             §7357. Definitions
employment at the center. If the clearance is not obtained by                 A. The following are definitions of terms used in these
the provider prior to the one year date of issuance of the                 minimum standards.
certified criminal background check, the staff person is no                                               ***
longer allowed on the child care premises until a clearance is                  Child Day Care Centera child day care facility as
received.                                                                  defined in R.S. 46:1403, including vehicles or other
   B. The following information shall be kept on file for                  structures owned or operated by the provider where care and
independent contractors including therapeutic professionals                supervision of children are provided, or where some process
and extracurricular personnel, e.g. computer instructors,                  or operation integral to providing or facilitating care or
dance instructors, librarians, tumble bus personnel, speech                supervision is conducted.
therapists, licensed health care professionals, state-certified                                           ***
teachers employed through a local school board, art                             Extra-Curricular Personnel/Therapeutic Professionals
instructors, and other outside contractors:                                individuals who are not employees of the center, but who
     1. documentation of a satisfactory criminal record                    come to the center to provide therapy, services, or
check from Louisiana State Police as required by R.S.                      enrichment activities for an individual child or group of
46:51.2. This check shall be obtained prior to the individual              children. Examples: computer instructor, dance instructor,
being present in the child care facility. No person who has                librarian, tumble bus personnel, therapeutic personnel
been convicted of, or pled guilty or nolo contendere to any                (occupational therapist, physical therapist, speech therapist),
offense included in R.S. 15:587.1, R.S. 14:2, R.S. 15:541 or               nutritionist, early interventionist, and nurse.
any offense involving a juvenile victim, shall be present in                                              ***
any capacity in any child care facility.                                      AUTHORITY NOTE: Promulgated in accordance with R.S.
        a. Independent          contractors,         therapeutic           46:1401 et seq.
professionals, and/or extracurricular personnel may provide                   HISTORICAL NOTE: Promulgated by the Department of
a certified copy of their criminal background check obtained               Health and Human Resources, Office of the Secretary, Division of
                                                                           Licensing and Certification, LR 13:246 (April 1987), amended by
from the Bureau of Criminal Identification and Information
                                                                           the Department of Social Services, Office of the Secretary, LR
Section of the Louisiana State Police to the provider prior to             18:970 (September 1992), LR 26:1636 (August 2000),
being present and working with a child or children at the                  repromulgated by the Department of Social Services, Office of
facility. If an individual provides a certified copy of their              Family Support, LR 33:2770 (December 2007), amended LR
criminal background check obtained from the Louisiana                      36:334 (February 2010), LR 36:850 (April 2010), amended by the
State Police to the provider, this criminal background check               Department of Children and Family Services, LR 37:
shall be accepted by the department for a period of one year               §7359. Procedures
from the date of issuance of the certified copy. A photocopy                 A.1. - A.2.f.v. ...
of the certified copy shall be kept on file at the facility. Prior                  vi. licensure survey verifying compliance. with all
to the one year date of issuance of the certified copy, the                minimum standards;
individual shall request and obtain a current certified copy of                    vii. documentation of a satisfactory criminal record
their criminal background check obtained from the                          clearance for all staff including all owners and operators;
Louisiana Bureau of Criminal Identification and Information                       viii. documentation of completed State central
Section of the Louisiana State Police in order to continue                 registry disclosure forms noting no justified (valid) finding

                                                                     444               Louisiana Register Vol. 37, No. 02 February 20, 2011
of abuse and/or neglect for all staff or documentation from              victim, shall directly or indirectly own, operate or participate
the Risk Assessment Panel or Division of Administrative                  in the governance of a child care facility.
Law noting that the individual does not pose a risk to                        2. New members/owners added to a partnership,
children.                                                                church, corporation, limited liability corporation or
     3. - 4. ...                                                         governmental entity which does not constitute a change of
        a. documentation of a satisfactory criminal record               ownership shall provide documentation of a satisfactory
clearance for all owners and operators and all staff not                 criminal record check as required by R.S. 46:51.2 and R.S.
employed by the previous owner; and                                      15.587.1. No member/owner with a criminal conviction of
        b. documentation of completed state central registry             conviction of a felony, a plea of guilty or nolo contendere of
disclosure forms noting no justified (valid) finding of abuse            a felony, or plea of guilty or nolo contendere to any offense
and/or neglect for all staff or documentation from the Risk              included in R.S. 15:587.1, R.S. 14:2, R.S. 15:541 or any
Assessment Panel or Division of Administrative Law noting                offense involving a juvenile victim, shall directly or
that the individual does not pose a risk to children.                    indirectly own, operate or participate in the governance of a
   A.5. - F.10.    ...                                                   child care facility.
     11. presence of an individual with a justified (valid)                   3. Every owner shall submit the criminal background
finding of child/abuse neglect not being directly supervised             check showing that he or she has not been convicted of any
by another paid employee of the facility, who has not                    offense enumerated in R.S. 15:587.1 or a felony, or plea of
disclosed that their name appears with a justified (valid)               guilty or nolo contendere to any offense included in R.S.
finding on the state central registry until a determination by           15:587.1, R.S. 14:2, R.S. 15:541 or any offense involving a
the Risk Evaluation Panel or Division of Administrative Law              juvenile victim, together with the initial application or, in the
that the individual does not pose a risk to children;                    case of an existing center, with the application for renewal of
     12. presence of an individual on the child care premises            the license. If the criminal background check shows that any
with a ruling by the Risk Evaluation Panel that the                      owner has been convicted of any enumerated offense under
individual poses a risk to children and the individual has not           R.S. 15:587.1 or a felony, a plea of guilty or nolo contendere
requested an appeal hearing by the Division of                           of a felony, or any offense involving a juvenile victim, the
Administrative Law within the required time frame;                       owner or director shall submit the information to the
     13. presence of an individual on the child care premises            licensing section management staff within 24 hours or no
with a ruling by the Division of Administrative Law that the             later than the next business day, whichever is sooner, upon
individual poses a risk to children;                                     receipt of the result.
     14. having knowledge that a convicted sex offender is                    4. The physical presence of a sex offender in, on, or
physically present within 1000 feet of the child care facility           within 1,000 feet of a child day care facility is prohibited.
and failing to notify law enforcement and licensing                      Providers and child care staff shall not permit an individual
management staff immediately upon receipt of such                        convicted of a sex offense as defined in R.S. 15:541 physical
knowledge.                                                               access to a child day care facility as defined in R.S. 46:1403.
   G. - J.4. ...                                                              5. The owner or director of a child day care facility
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   shall be required to call and notify law enforcement agencies
46:1401 et seq.                                                          and the licensing management staff if a sex offender is on
   HISTORICAL NOTE: Promulgated by the Department of                     the premises of the child day care facility or within 1,000
Health and Human Resources, Office of the Secretary, Division of         feet of the child day care facility. The licensing office shall
Licensing and Certification, LR 13:246 (April 1987), amended by
the Department of Social Services, Office of the Secretary, LR
                                                                         be contacted immediately. The verbal report shall be
18:970 (September 1992), LR 26:1636 (August 2000),                       followed by a written report.
repromulgated by the Department of Social Services, Office of               AUTHORITY NOTE: Promulgated in accordance with R.S.
Family Support, LR 33:2771 (December 2007), amended by the               46:1401 et seq.
Department of Social Services, Office of Family Support LR                  HISTORICAL NOTE: Promulgated by the Department of
36:832 (April 2010), LR 36:1272(June 2010), LR 36:1279 (June             Health and Human Resources, Office of the Secretary, Division of
2010), amended by the Department of Children and Family                  Licensing and Certification, LR 13:246 (April 1987), amended by
Services, LR 37:                                                         the Department of Social Services, Office of the Secretary, LR
                                                                         18:970 (September 1992), LR 26:1638 (August 2000),
§7361. General Requirements
                                                                         repromulgated by the Department of Social Services, Office of
   A. - L. ...                                                           Family Support, LR 33:2773 (December 2007), amended LR
   M. Conditions for participation in a child-related                    36:335 (February 2010), amended by the Department of Children
business.                                                                and Family Services, LR 37:
     1. Any owner/owners of a child day care facility shall              §7365. Center Staff
provide documentation of a satisfactory criminal record                    A. - C.3. ...
check, as required by R.S. 46:51.2 and R.S. 15:587.1. A                       4. Criminal Records Check. Documentation of a
criminal background check shall be required of each owner                satisfactory criminal records check from Louisiana State
of a facility submitting a new application, change of                    Police as required by R.S. 46:51.2. This check shall be
ownership application, change of location application,                   obtained prior to the individual being present in the child
and/or application for renewal for a child day care license.             care facility. No person who has been convicted of, or pled
No person with a criminal conviction of a felony, a plea of              guilty or nolo contendere to, any offense included in R.S.
guilty or nolo contendere of a felony, or plea of guilty or              15:587.1, R.S. 14:2, R.S. 15:541 or any offense involving a
nolo contendere to any offense included in R.S. 15:587.1,                juvenile victim, shall be eligible to own, operate, and/or
R.S. 14:2, R.S. 15:541 or any offense involving a juvenile               be present in any capacity in any licensed child care facility.

                                                                   445               Louisiana Register Vol. 37, No. 02 February 20, 2011
For any owner or operator, a clear criminal background                     year date of issuance of the certified criminal background
check in accordance with R.S. 46:51.2 shall be obtained                    check, the individual shall no longer be allowed on the child
prior to the issuance of a license or approval of a change of              care premises until a clearance is received. This criminal
ownership. In addition, neither an owner, nor a director, nor              background check shall be accepted by the department for a
a director designee shall have a conviction of, or pled guilty             period of one year from the date of issuance of the certified
or nolo contender to any crime in which an act of fraud or                 copy. A photocopy of the certified copy shall be kept on file
intent to defraud is an element of the offense.                            at the facility.
        a. An individual who applies for a position of                             c. No felon shall be employed in a Class ―B‖
supervisory or disciplinary authority over children in a child             facility, unless approved in writing by a district judge of the
care facility may provide a certified copy of their criminal               parish and the local district attorney. This statement shall be
background check obtained from the Bureau of Criminal                      kept on file at all times by the child care facility and shall be
Identification and Information Section of the Louisiana State              produced upon request to any law enforcement officer.
Police. If an individual provides a certified copy of their                   C.5. - D.7. ...
criminal background check obtained from the Louisiana                         AUTHORITY NOTE: Promulgated in accordance with R.S.
State Police to the provider, this criminal background check               46:1401 et seq.
shall be accepted by the department for a period of one year                  HISTORICAL NOTE: Promulgated by the Department of
from the date of issuance of the certified copy. A photocopy               Health and Human Resources, Office of the Secretary, Division of
                                                                           Licensing and Certification, LR 13:246 (April 1987), amended by
of the certified copy shall be kept on file at the facility in             the Department of Social Services, Office of the Secretary, LR
which the individual is currently employed. However, prior                 18:970 (September 1992), LR 26:1639 (August 2000),
to the one year date of issuance of the certified criminal                 repromulgated by the Department of Social Services, Office of
background check, the provider shall request and obtain a                  Family Support, LR 33:2774 (December 2007), amended by the
satisfactory criminal check from Louisiana State Police in                 Department of Children and Family Services, LR 37:
order for the individual to continue employment at the
center. If the clearance is not obtained by the provider prior                                         Ruth Johnson
to the one year date of issuance of the certified criminal                                             Secretary
background check, the staff person is no longer allowed on                 1102#072
the child care premises until a clearance is received.
        b. The following information shall be kept on file                            DECLARATION OF EMERGENCY
for independent contractors including therapeutic
                                                                                      Department of Health and Hospitals
professionals and extracurricular personnel, e.g. computer
                                                                                      Bureau of Health Services Financing
instructors, dance instructors, librarians, tumble bus
personnel, speech therapists, licensed health care
                                                                                  Disproportionate Share Hospital Payments
professionals, state-certified teachers employed through a
                                                                               Non-Rural Community Hospitals (LAC 50.V.2701)
local school board, art instructors, and other outside
contractors.
                                                                             The Department of Health and Hospitals, Bureau of
           i. Documentation of a satisfactory criminal
                                                                           Health Services Financing amends LAC 50:V.2701 in the
record check from Louisiana State Police as required by R.S.
                                                                           Medical Assistance Program as authorized by R.S. 36:254
46:51.2. This check shall be obtained prior to the individual
                                                                           and pursuant to Title XIX of the Social Security Act. This
being present in the child care facility. No person who has
                                                                           Emergency Rule is promulgated in accordance with the
been convicted of, or pled guilty or nolo contendere to, any
                                                                           provisions of the Administrative Procedure Act, R.S.
offense included in R.S. 15:587.1, R.S. 14:2, R.S. 15:541 or
                                                                           49:953(B)(1) et seq., and shall be in effect for the maximum
any offense involving a juvenile victim, shall be present in
                                                                           period allowed under the Act or until adoption of the final
any capacity in any child care facility.
                                                                           Rule, whichever occurs first.
          ii. Independent         contractors,       therapeutic
                                                                             The Department of Health and Hospitals, Office of the
professionals, and/or extracurricular personnel may provide
                                                                           Secretary, Bureau of Health Services Financing amended the
a certified copy of their criminal background check obtained
                                                                           provisions governing disproportionate share hospital (DSH)
from the Bureau of Criminal Identification and Information
                                                                           payments to revise the provisions governing non-rural
Section of the Louisiana State Police to the provider prior to
                                                                           community hospitals and federally mandated statutory
being present and working with a child or children at the
                                                                           hospitals to clarify that hospitals qualifying as a non-rural
facility. If an individual provides a certified copy of their
                                                                           community hospital in state fiscal year 2007-08 may also
criminal background check obtained from the Louisiana
                                                                           qualify in the federally mandated statutory hospital category,
State Police to the provider, this criminal background check
                                                                           and to revise the definition of a non-rural community
shall be accepted by the department for a period of one year
                                                                           hospital (Louisiana Register, Volume 34, Number 11). In
from the date of issuance of the certified copy. A photocopy
                                                                           compliance with Act 228 of the 2009 Regular Session of the
of the certified copy shall be kept on file at the facility. Prior
                                                                           Louisiana Legislature, the department promulgated an
to the one year date of issuance of the certified copy, the
                                                                           Emergency Rule to amend the provisions governing
individual shall request and obtain a current certified copy of
                                                                           disproportionate share hospital payments to reallocate any
their criminal background check obtained from the Bureau
                                                                           remaining funds from the fiscal year 2009 DSH
of Criminal Identification and Information Section of the
                                                                           appropriation to non-rural community hospitals and issue a
Louisiana State Police in order to continue providing
                                                                           supplemental payment to these hospitals for their
services to a child or children at the child care facility. If the
                                                                           uncompensated care costs (Louisiana Register, Volume 35,
clearance is not obtained by the provider prior to the one
                                                                           Number 7).
                                                                     446               Louisiana Register Vol. 37, No. 02 February 20, 2011
   Act 10 of the 2009 Regular Session of the Louisiana                  amount equal to the difference between the total qualifying
Legislature directed the department to amend the DSH                    uninsured cost as a percent of total hospital cost and 3.5
qualifying criteria and payment methodologies for non-rural             percent of total hospital cost.
community hospitals. In compliance with Act 10, the                          3. If the hospital‘s qualifying uninsured cost is equal
Department of Health and Hospitals, Bureau of Health                    to or greater than 6.5 percent of total hospital cost, but less
Services Financing promulgated an Emergency Rule which                  than or equal to 8 percent, the payment shall be 80 percent of
amended the provisions of the June 26, 2009 Emergency                   an amount equal to the difference between the total
Rule governing supplemental DSH payments to non-rural                   qualifying uninsured cost as a percent of total hospital cost
community hospitals (Louisiana Register, Volume 36,                     and 3.5 percent of total hospital cost.
Number 1). The department promulgated and Emergency                          4. If the hospital‘s qualifying uninsured cost is greater
Rule which amended the January 20, 2010 Emergency Rule                  than 8 percent of total hospital cost, the payment shall be 90
to amend the provisions governing supplemental DSH                      percent of qualifying uninsured cost for the portion in excess
payments to non-rural community hospitals in order to                   of 8 percent of total hospital cost and 80 percent of an
redistribute the funds allocated for the state fiscal year 2010         amount equal to 4.5 percent of total hospital cost.
DSH appropriation (Louisiana Register, Volume 36,                          C.5. - E. …
Number7). This Emergency Rule is being promulgated to                      F. In the event that the total payments calculated for all
continue the provisions of the June 29, 2010 Emergency                  recipient hospitals are anticipated to exceed the total amount
Rule. This action is being taken to promote the public health           appropriated, the department shall reduce payments on a pro
and welfare of uninsured individuals and to ensure their                rata basis in order to achieve a total cost that is not in excess
continued access to health care by assuring that hospitals are          of the amounts appropriated for this purpose. Any funding
adequately reimbursed for furnishing uncompensated care.                not distributed per the methodology outlined in C.1 – C.5
   Effective February 25, 2011, the Department of Health                above shall be reallocated to these qualifying hospitals based
and Hospitals, Bureau of Health Services Financing amends               on their reported uninsured costs. The $35,000,000
the provisions governing supplemental DSH payments to                   appropriation for the non-rural community hospital pool
non-rural community hospitals.                                          shall be effective only for state fiscal year 2010 and
                            Title 50                                    distributions from the pool shall be considered nonrecurring.
     PUBLIC HEALTH—MEDICAL ASSISTANCE                                      G. Of the total appropriation for the non-rural
 Part V. Medical Assistance Program—Hospital Services                   community hospital pool, $12,000,000 shall be allocated to
  Subpart 3. Disproportionate Share Hospital Payments                   public and private non-rural community hospitals with a
Chapter 27. Qualifying Hospitals                                        distinct part psychiatric unit and freestanding psychiatric
§2701. Non-Rural Community Hospitals                                    hospitals.
   A. …                                                                      1. To qualify for this payment hospitals must have
   B. DSH payments to a public, non-rural community                     uninsured cost as defined in §2701.C.5 equal to or greater
hospital shall be calculated as follows.                                than 3.5 percent of total hospital cost and:
     1. Each qualifying public, non-rural community                             a. be a public or private non-rural community
hospital shall certify to the Department of Health and                  hospital, as defined in §2701.A. that has a Medicaid enrolled
Hospitals its uncompensated care costs. The basis of the                distinct part psychiatric unit; or
certification shall be 100 percent of the hospital‘s allowable                  b. enrolled in Medicaid as a freestanding psychiatric
costs for these services, as determined by the most recently            hospital that pursuant to 42 CFR 441.151 is accredited by
filed Medicare/Medicaid cost report. The certification shall            the Joint Commission on the Accreditation of Healthcare
be submitted in a form satisfactory to the department no later          Organizations.
than October 1 of each fiscal year. The department will                      2. Payment shall be calculated by dividing each
claim the federal share for these certified public                      qualifying freestanding psychiatric hospital‘s or distinct part
expenditures. The department‘s subsequent reimbursement                 psychiatric unit‘s uninsured days by the sum of all qualifying
to the hospital shall be in accordance with the qualifying              psychiatric uninsured days and multiplying by $12,000,000.
criteria and payment methodology for non-rural community                   G.2.a. - G.2.b. Repealed.
hospitals included in Act 10 of the 2009 Regular Session of                H. - I. …
the Louisiana Legislature, and may be more or less than the               AUTHORITY NOTE: Promulgated in accordance with R.S.
federal share so claimed. Qualifying public, non-rural                  36:254 and Title XIX of the Social Security Act.
community hospitals that fail to make such certifications by              HISTORICAL NOTE: Promulgated by the Department of
                                                                        Health and Hospitals, Office of the Secretary, Bureau of Health
October 1 may not receive Title XIX claim payments or any
                                                                        Services Financing, LR 34:655 (April 2008), amended LR 34:2402
disproportionate share payments until the department                    (November 2008), amended by the Department of Health and
receives the required certifications.                                   Hospitals, Bureau of Health Services Financing, LR 37:
   C. Private, non-rural community hospitals (other than                   Interested persons may submit written comments to Don
freestanding psychiatric hospitals) shall be reimbursed as              Gregory, Bureau of Health Services Financing, P.O. Box
follows:                                                                91030, Baton Rouge, LA 70821-9030. He is responsible for
     1. If the hospital‘s qualifying uninsured cost is less             responding to all inquiries regarding this Emergency Rule. A
than 3.5 percent of total hospital cost, no payment shall be            copy of this Emergency Rule is available for review by
made.                                                                   interested parties at parish Medicaid offices.
     2. If the hospital‘s qualifying uninsured cost is equal
to or greater than 3.5 percent of total hospital cost, but less                                     Bruce D. Greenstein
than 6.5 percent, the payment shall be 50 percent of an                                             Secretary
                                                                        1102#081
                                                                  447               Louisiana Register Vol. 37, No. 02 February 20, 2011
                                                                            1. services furnished by a physician within the scope
          DECLARATION OF EMERGENCY                                     of practice of his profession under Louisiana law;
                                                                            2. services furnished by a:
           Department of Health and Hospitals                                 a. physician assistant;
           Bureau of Health Services Financing                                b. nurse practitioner;
                                                                              c. nurse midwife;
            Federally Qualified Health Centers                                d. clinical social worker;
           Diabetes Self-Management Training                                  e. clinical psychologist; or
         (LAC 50:XI.Chapters 103-105 and 10701)                               f. dentist;
                                                                            3. services and supplies that are furnished as an
   The Department of Health and Hospitals, Bureau of                   incident to professional services furnished by all eligible
Health Services Financing amends LAC 50:XI.Chapters                    professionals;
103-105 and §10701 in the Medical Assistance Program as                     4. other ambulatory services; and
authorized by R.S. 36:254 and pursuant to Title XIX of the                  5. diabetes self-management training (DSMT)
Social Security Act. This Emergency Rule is promulgated in             services.
accordance with the provisions of the Administrative                     B. Effective February 20, 2011, the department shall
Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in              provide coverage of diabetes self-management training
effect for the maximum period allowed under the Act or until           services rendered to Medicaid recipients diagnosed with
adoption of the final Rule, whichever occurs first.                    diabetes.
   Act 11 of the 2010 Regular Session of the Louisiana                      1. The services shall be comprised of one hour of
Legislature authorized the Department of Health and                    individual instruction and nine hours of group instruction on
Hospitals, through its primary and preventive care activity,           diabetes self-management.
to provide reimbursement to providers for rendering services             AUTHORITY NOTE: Promulgated in accordance with R.S.
that will educate and encourage Medicaid enrollees to obtain           36:254 and Title XIX of the Social Security Act.
appropriate preventive and primary care in order to improve              HISTORICAL NOTE: Promulgated by the Department of
their overall health and quality of life. In keeping with the          Health and Hospitals, Office of the Secretary, Bureau of Health
intent of Act 11, the Department of Health and Hospitals,              Services Financing, LR 30:2328 (October 2004), repromulgated LR
Bureau of Health Services Financing proposes to amend the              30:2487 (November 2004), amended LR 32:1901 (October 2006),
                                                                       amended by the Department of Health and Hospitals, Bureau of
provisions governing federally qualified health centers                Health Services Financing, LR 37:
(FQHCs) to provide Medicaid reimbursement for diabetes
                                                                       §10303. Service Limits
self-management training (DSMT) services. It is anticipated
                                                                          A. Federally qualified health center visits (encounters)
that this new service will promote improved patient self-
                                                                       are limited to 12 visits per year for medically necessary
management skills which will reduce diabetes-related
                                                                       services rendered to Medicaid recipients who are 21 years of
complications that adversely affect quality of life, and
                                                                       age or older. Visits for Medicaid recipients who are under 21
subsequently reduce Medicaid costs associated with the care            years of age and for prenatal postpartum care are excluded
of recipients diagnosed with diabetes-related illnesses. This          from the service limitation.
Emergency Rule will also reorganize the provisions
                                                                            1. - 3. Repealed.
governing provider participation and services in a more clear
                                                                          B. Recipients of DSMT services shall receive up to 10
and concise manner in the Louisiana Administrative Code.
                                                                       hours of services during the first 12-month period following
   This action is being taken to promote the health and
                                                                       the initial order.
welfare of Medicaid recipients diagnosed with diabetes and                  1. After the first 12-month period has ended,
to reduce the Medicaid costs associated with their care. It is         recipients shall only be eligible for two hours of individual
estimated that implementation of this Emergency Rule will
                                                                       instruction on diabetes self-management every 12 months.
increase expenditures for federally qualified health center              AUTHORITY NOTE: Promulgated in accordance with R.S.
services by approximately $6,551 for state fiscal year 2010-           36:254 and Title XIX of the Social Security Act.
2011.                                                                    HISTORICAL NOTE: Promulgated by the Department of
   Effective February 20, 2011, the Department of Health               Health and Hospitals, Office of the Secretary, Bureau of Health
and Hospitals, Bureau of Health Services Financing amends              Services Financing, LR 30:2328 (October 2004), repromulgated LR
the provisions governing federally qualified health centers to         30:2488 (November 2004), amended LR 32:1901 (October 2006),
provide coverage for diabetes self-management training                 amended by the Department of Health and Hospitals, Bureau of
services.                                                              Health Services Financing, LR 37:
                           Title 50                                    Chapter 105. Provider Participation
     PUBLIC HEALTHMEDICAL ASSISTANCE                                  §10501. Provider Enrollment
                  Part XI. Clinic Services                               A. In order to enroll and participate in the Medicaid
     Subpart 13. Federally-Qualified Health Centers                    Program, an FQHC must submit a completed provider
Chapter 103. Services                                                  enrollment packet that includes a copy of the HRSA grant
                                                                       approving its FQHC status.
§10301. Scope of Services
   A. Medicaid reimbursement is limited to medically                        1. - 4. Repealed.
necessary services that are covered by the Medicaid State                B. The effective date of a FQHC‘s enrollment to
Plan and would be covered if furnished by a physician. The             participate in the Medicaid Program shall not be prior to the
                                                                       date of receipt of the completed enrollment packet.
following services shall be covered:
                                                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       36:254 and Title XIX of the Social Security Act.
                                                                 448               Louisiana Register Vol. 37, No. 02 February 20, 2011
  HISTORICAL NOTE: Promulgated by the Department of                            a. Separate encounters for DSMT services are not
Health and Hospitals, Office of the Secretary, Bureau of Health         permitted and the delivery of DSMT services alone does not
Services Financing, LR 30:2328 (October 2004), repromulgated LR         constitute an encounter visit.
30:2488 (November 2004), amended LR 32:1902 (October 2006),               C. - F. …
amended by the Department of Health and Hospitals, Bureau of
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
Health Services Financing, LR 37:
                                                                        36:254 and Title XIX of the Social Security Act.
§10503. Standards for Participation                                       HISTORICAL NOTE: Promulgated by the Department of
   A. Federally qualified health centers must comply with               Health and Hospitals, Office of the Secretary, Bureau of Health
the applicable licensure, accreditation and program                     Services Financing, LR 32:1902 (October 2006), amended by the
participation standards for all services rendered. If a FQHC            Department of Health and Hospitals, Bureau of Health Services
wishes to initiate participation, it shall be responsible for           Financing, LR 37:
meeting all of the enrollment criteria of the program. The                 Implementation of the provisions of this Rule may be
FQHC provider shall:                                                    contingent upon the approval of the U.S. Department of
     1. maintain an acceptable fiscal record keeping system             Health and Human Services, Centers for Medicare and
that readily distinguishes one type of service from another             Medicaid Services (CMS), if it is determined that
type of service that may be provided;                                   submission to CMS for review and approval is required.
     2. retain all records necessary to fully disclose the                 Interested persons may submit written comments to Don
extent of services provided to recipients for five years from           Gregory, Bureau of Health Services Financing, P.O. Box
the date of service and furnish such records, and any                   91030, Baton Rouge, LA 70821-9030. He is responsible for
payments claimed for providing such services, to the                    responding to inquiries regarding this Emergency Rule. A
Medicaid Program upon request; and                                      copy of this Emergency Rule is available for review by
     3. abide by and adhere to all federal and state                    interested parties at parish Medicaid offices.
regulations and policy manuals.
   B. If a FQHC receives approval for a satellite site, the                                         Bruce D. Greenstein
satellite site must enter into a separate provider agreement                                        Secretary
and obtain its own Medicaid provider number.                            1102#077
   C. In order to receive Medicaid reimbursement for
DSMT services, a FQHC must have a DSMT program that                                DECLARATION OF EMERGENCY
meets the quality standards of one of the following                                Department of Health and Hospitals
accreditation organizations:                                                       Bureau of Health Services Financing
     1. the American Diabetes Association;
     2. the American Association of Diabetes Educators; or
                                                                          Inpatient Hospital ServicesMajor Teaching Hospitals
     3. the Indian Health Service.
                                                                                Qualifying Criteria (LAC 50:V.1301-1309)
   D. All DSMT programs must adhere to the national
standards for diabetes self-management education.
                                                                           The Department of Health and Hospitals, Bureau of
     1. Each member of the instructional team must:
                                                                        Health Services Financing proposes to adopt LAC
        a. be a certified diabetes educator (CDE) certified
                                                                        50:V.1301-1309 in the Medical Assistance Program as
by the National Certification Board for Diabetes Educators;
                                                                        authorized by R.S. 36:254 and pursuant to Title XIX of the
or
                                                                        Social Security Act. This Emergency Rule is promulgated in
        b. have recent didactic and experiential preparation
                                                                        accordance with the provisions of the Administrative
in education and diabetes management.
                                                                        Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in
     2. At a minimum, the instructional team must consist
                                                                        effect for the maximum period allowed under the Act or until
of one the following professionals who is a CDE:
                                                                        adoption of the final Rule, whichever occurs first.
        a. a registered dietician;
                                                                           The Department of Health and Hospitals, Office of the
        b. a registered nurse; or
                                                                        Secretary, Bureau of Health Services Financing adopted a
        c. a pharmacist.
                                                                        rule that established the reimbursement of major and minor
     3. All members of the instructional team must obtain
                                                                        teaching hospitals as peer groups under the prospective
the nationally recommended annual continuing education
                                                                        reimbursement methodology for hospitals (Louisiana
hours for diabetes management.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        Register, Volume 20, Number 6). The department amended
36:254 and Title XIX of the Social Security Act.                        the June 20, 1994 Rule to adopt new criteria for the
  HISTORICAL NOTE: Promulgated by the Department of                     reimbursement of graduate medical education (GME)
Health and Hospitals, Office of the Secretary, Bureau of Health         pursuant to Section 15 Schedule 09 of Act 19 of the 1998
Services Financing, LR 32:1902 (October 2006), amended by the           Regular Session of the Louisiana Legislature and R.S. 39:71
Department of Health and Hospitals, Bureau of Health Services           et seq (Louisiana Register, Volume 26, Number 3).
Financing, LR 36:2280 (October 2010), amended LR 37:                       Act 347 of the 2009 Regular Session of the Louisiana
Chapter 107. Reimbursement Methodology                                  Legislature revised the qualifying criteria for major teaching
§10701. Prospective Payment System                                      hospitals. In compliance with Act 347, the department
   A. - B.2.NOTE.      …                                                promulgated an Emergency Rule which amended the
      3. Effective for dates of service on or after February            provisions governing the qualifying criteria for major
20, 2011, the Medicaid Program shall include coverage for               teaching hospitals. This Emergency Rule also repromulgated
diabetes self-management training services rendered by
qualified health care professionals in the FQHC encounter
rate.
                                                                  449               Louisiana Register Vol. 37, No. 02 February 20, 2011
the March 20, 2000 Rule governing teaching hospitals in a                 program in the Graduate Medical Education Directory of
codified format for inclusion in the Louisiana Administrative             the Accreditation Council for Graduate Medical Education
Code (Louisiana Register, Volume 36, Number 6). This                      (ACGME).
Emergency Rule is being promulgated to continue the                         AUTHORITY NOTE: Promulgated in accordance with R.S.
provisions of the July 1, 2010 Emergency Rule. This action                36:254 and Title XIX of the Social Security Act.
is being taken to promote the health and welfare of Medicaid                HISTORICAL NOTE: Promulgated by the Department of
recipients by encouraging provider participation in the                   Health and Hospitals, Bureau of Health Services Financing, LR 37:
Medicaid Program so as to assure sufficient access to                     §1303. Minor Teaching Hospitals
hospital services.                                                           A. The Louisiana Medical Assistance Program's
   Effective February 28, 2011, the Department of Health                  recognition of a minor teaching hospital is limited to
and Hospitals, Bureau of Health Services Financing amends                 facilities having a documented affiliation agreement with a
the provisions governing inpatient hospital services rendered             Louisiana medical school accredited by the LCME. A minor
by non-rural, non-state hospitals designated as teaching                  teaching hospital shall meet the following criteria:
hospitals.                                                                     1. must participate significantly in at least one
                            Title 50                                      approved medical residency program in either medicine,
                                                                          surgery, obstetrics/gynecology, pediatrics, family practice,
     PUBLIC HEALTHMEDICAL ASSISTANCE
                                                                          emergency medicine or psychiatry; and
                   Part V. Hospital Services
                                                                               2. maintain an intern and resident full time
           Subpart 1. Inpatient Hospital Services
                                                                          equivalency of at least six filled positions.
Chapter 13. Teaching Hospitals
                                                                             B. For the purposes of recognition as a minor teaching
Subchapter A. General Provisions
                                                                          hospital, a facility is considered to "participate significantly"
§1301. Major Teaching Hospitals
                                                                          in a graduate medical education program if it meets the
   A. The Louisiana Medical Assistance Program's
                                                                          following criteria. The facility must:
recognition of a major teaching hospital is limited to
                                                                               1. pay for all of the costs of the training program in
facilities having a documented affiliation agreement with a
                                                                          the non-hospital or hospital setting, including:
Louisiana medical school accredited by the Liaison
                                                                                  a. the residents' salaries and fringe benefits;
Committee on Medical Education (LCME). A major
                                                                                  b. the portion of the cost of teaching physicians'
teaching hospital shall meet one of the following criteria:
                                                                          salaries and fringe benefits attributable to direct graduate
     1. be a major participant in at least four approved
                                                                          medical education; and
medical residency programs. At least two of the programs
                                                                                  c. other direct administrative costs of the program;
must be in medicine, surgery, obstetrics/gynecology,
                                                                          and
pediatrics, family practice, emergency medicine or
                                                                               2. participate in residency programs that:
psychiatry; or
                                                                                  a. require residents to rotate for a required
     2. maintain an intern and resident full-time
                                                                          experience;
equivalency of at least 20 filled positions with an approved
                                                                                  b. require explicit approval by the appropriate
medical residency program in family practice located more
than 150 miles from the medical school accredited by the                     Residency Review Committee of the medical school with
LCME.                                                                     which the facility is affiliated prior to utilization of the
   B. For the purposes of recognition as a major teaching                 facility; or
hospital, a facility shall be considered a "major participant"                    c. provide residency rotations of more than one
in a graduate medical education program if it meets the                   sixth of the program length or more than a total of six
following criteria. The facility must:                                    months at the facility and are listed as part of an accredited
     1. pay for all of the costs of the training program in               program in the Graduate Medical Education Directory of
the non-hospital or hospital setting, including:                          the Accreditation Council for Graduate Medical Education.
        a. the residents' salaries and fringe benefits;                              i. If not listed, the sponsoring institution must
        b. the portion of the cost of teaching physicians'                have notified the ACGME, in writing, that the residents
salaries and fringe benefits attributable to direct graduate              rotate through the facility and spend more than 1/6th of the
medical education; and                                                    program length or more than a total of six months at the
        c. other direct administrative costs of the program;              facility.
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
and
                                                                          36:254 and Title XIX of the Social Security Act.
     2. participate in residency programs that:                             HISTORICAL NOTE: Promulgated by the Department of
        a. require residents to rotate for a required                     Health and Hospitals, Bureau of Health Services Financing, LR 37:
experience;                                                               §1305. Approved Medical Residency Program
        b. require explicit approval by the appropriate                      A. An approved medical residency program is one that
Residency Review Committee (RRC) of the medical school                    meets one of the following criteria:
with which the facility is affiliated prior to utilization of the              1. counts toward certification of the participant in a
facility; or                                                              specialty or sub-specialty listed in the current edition of
        c. provide residency rotations of more than one                   either The Directory of Graduate Medical Education
sixth of the program length or more than a total of six                   Programs published by the American Medical Association,
months at the facility and are listed as part of an accredited            Department of Directories and Publications, or The Annual




                                                                    450               Louisiana Register Vol. 37, No. 02 February 20, 2011
Report and Reference Handbook published by the American                        1. a copy of the executed affiliation agreement for the
Board of Medical Specialties;                                             time period for which the teaching hospital status or GME
     2. is approved by the ACGME as a fellowship                          reimbursement applies;
program in geriatric medicine; or                                              2. a copy of any agreements with non-hospital
     3. is a program that would be accredited except for the              facilities; and
accrediting agency's reliance upon an accreditation standard                   3. a signed Certification For Teaching Hospital
that requires an entity to perform an induced abortion or                 Recognition.
require, provide, or refer for training in the performance of                C. Each hospital which is reimbursed as a teaching
induced abortions, or make arrangements for such training                 hospital or receives reimbursement for GME costs shall
regardless of whether the standard provides exceptions or                 submit the following documentation to the Bureau of Health
exemptions.                                                               Services, Program Operations Section, within 90 days of the
  B. A residency program at a non-hospital facility may be                end of each state fiscal year:
counted by a hospital if:                                                      1. a copy of the Intern and Resident Information
     1. there is a written agreement with the non-hospital                   System report that is submitted annually to the Medicare
facility that requires the hospital facility to pay for the cost          intermediary; and
of the training program; and                                                   2. a copy of any notice given to the ACGME that
     2. the agreement requires that the time that residents               residents rotate through a facility for more than one sixth of
spend in the non-hospital setting is for patient care.                    the program length or more than a total of six months.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                        D. Copies of all contracts, payroll records and time
36:254 and Title XIX of the Social Security Act.                          allocations related to graduate medical education must be
  HISTORICAL NOTE: Promulgated by the Department of                       maintained by the hospital and available for review by the
Health and Hospitals, Bureau of Health Services Financing, LR 37:
                                                                          state and federal agencies or their agents upon request.
§1307. Graduate Medical Education
                                                                             E. No teaching hospital shall receive a per diem rate
   A. The Bureau adopts criteria for the reimbursement of
                                                                          greater than 115 percent of its facility specific cost based on
graduate medical education (GME) in facilities that do not
                                                                          the latest rebasing year trended forward to the rate year in
qualify as major or minor teaching facilities. GME
                                                                          accordance      with     the    prospective     reimbursement
recognized by the Medical Assistance Program for
                                                                          methodology for hospitals.
reimbursement shall be limited to facilities having a
                                                                             F. The peer group maximum for minor teaching
documented affiliation agreement with a Louisiana medical
                                                                          hospitals shall be the peer group maximum for minor
school accredited by the LCME.
                                                                          teaching hospitals or the peer group maximum for peer
   B. Payment for GME costs shall be limited to the direct
                                                                          group five, whichever is greater.
cost of interns and residents in addition to the teaching
                                                                             G. If it is subsequently discovered that a hospital has
physician supervisory costs. Teaching physician supervisory
                                                                          been reimbursed as a major or minor teaching hospital and
costs shall be limited in accordance with the provisions of
                                                                          did not qualify for that peer group for any reimbursement
the Medicare Provider Reimbursement Manual. The GME
                                                                          period, retroactive adjustment shall be made to reflect the
component of the rate shall be based on hospital specific
                                                                          correct peer group to which the facility should have been
graduate medical education Medicaid cost for the latest year
                                                                          assigned. The resulting overpayment will be recovered
on which hospital prospective reimbursements are rebased
                                                                          through either immediate repayment by the hospital or
trended forward in accordance with the prospective
                                                                          recoupment from any funds due to the hospital from the
reimbursement methodology for hospitals.
                                                                          department.
   C. Hospitals implementing GME programs approved                          AUTHORITY NOTE: Promulgated in accordance with R.S.
after the latest year on which hospital prospective                       36:254 and Title XIX of the Social Security Act.
reimbursements have been rebased shall have a GME                           HISTORICAL NOTE: Promulgated by the Department of
component based on the first full cost reporting period that              Health and Hospitals, Bureau of Health Services Financing, LR 37:
the approved GME program is in existence trended forward                     Implementation of the provisions of this Rule may be
in accordance with the prospective reimbursement                          contingent upon the approval of the U.S. Department of
methodology for hospitals.                                                Health and Human Services, Centers for Medicare and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     Medicaid Services (CMS), if it is determined that
36:254 and Title XIX of the Social Security Act.                          submission to CMS for review and approval is required.
  HISTORICAL NOTE: Promulgated by the Department of                          Interested persons may submit written comments to Don
Health and Hospitals, Bureau of Health Services Financing, LR 37:
                                                                          Gregory, Bureau of Health Services Financing, P.O. Box
§1309. Requirements for Reimbursement                                     91030, Baton Rouge, LA 70821-9030. He is responsible for
   A. Qualification for teaching hospital status or to receive            responding to all inquiries regarding this Emergency Rule. A
reimbursement for GME costs shall be re-established at the                copy of this Emergency Rule is available for review by
beginning of each fiscal year.                                            interested parties at parish Medicaid offices.
   B. To be reimbursed as a teaching hospital or to receive
reimbursement for GME costs, a facility shall submit the                                              Bruce D. Greenstein
following documentation to the Bureau of Health Services,                                             Secretary
Program Operations Section within 30 days of the beginning                1102#082
of each state fiscal year:




                                                                    451               Louisiana Register Vol. 37, No. 02 February 20, 2011
             DECLARATION OF EMERGENCY                                  provisions of the Administrative Procedure Act, R.S.
                                                                       49:953(B)(1) et seq., and shall be in effect for the maximum
             Department of Health and Hospitals
                                                                       period allowed under the Act or until adoption of the final
             Bureau of Health Services Financing
                                                                       Rule, whichever occurs first.
                                                                          The Department of Health and Hospitals, Office of the
                   Inpatient Hospital Services
                                                                       Secretary, Bureau of Health Services Financing adopted a
                Non-Rural, Non-State Hospitals
                                                                       Rule in June of 1983 that established the reimbursement
             Outlier Payment Methodology Changes
                                                                       methodology for inpatient services provided in acute care
                        (LAC 50:V.954)
                                                                       hospitals (Louisiana Register, Volume 9, Number 6).
                                                                       Inpatient hospital services were reimbursed in accordance
   The Department of Health and Hospitals, Bureau of                   with the Medicare reimbursement principles utilizing a
Health Services Financing rescinds the January 1, 2011                 target rate set based on the cost per discharge for each
Emergency Rule governing the outlier payment                           hospital, except that the base year to be used in determining
methodology for inpatient hospital services rendered by non-           the target rate was the fiscal year ending on September 29,
rural, non-state hospitals, as authorized by R.S. 36:254. The          1982. In October 1984, the department established separate
Emergency Rule will be published in the January 20, 2011               per diem limitations for neonatal and pediatric intensive care
edition of the Louisiana Register. This Emergency Rule is              and burn units using the same base period as the target rate
promulgated in accordance with the provisions of the                   per discharge calculation (Louisiana Register, Volume 10,
Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and           Number 10). In October 1992, the department promulgated a
shall be in effect for the maximum period allowed under the            Rule which provided that inpatient hospital services to
Act or until adoption of the final Rule, whichever occurs              children under one year of age shall be reimbursed as pass-
first.                                                                 through costs and shall not be subject to per discharge or per
   The Department of Health and Hospitals, Bureau of                   diem limits applied to other inpatient hospital services
Health Services Financing adopted an Emergency Rule                    (Louisiana Register, Volume 18, Number 10). The
which amended the provisions governing inpatient hospital              department subsequently amended the reimbursement
services rendered by non-rural, non-state hospitals in order           methodology for inpatient hospital services to establish a
to revise the outlier payment methodology (Louisiana                   prospective payment methodology for non-state hospitals
Register, Volume 37, Number 1). The department has now                 (Louisiana Register, Volume 20, Number 6). The per
determined that it is necessary to rescind the January 1, 2011         discharge and per diem limitations in state acute care
Emergency Rule.                                                        hospitals were rebased by a Rule promulgated in December
   Effective January 11, 2011 the Department of Health and             of 2003 (Louisiana Register, Volume 29, Number 12). The
Hospitals, Bureau of Health Services Financing rescinds the            Bureau subsequently amended the reimbursement
Emergency Rule which amended the provisions governing                  methodology for inpatient services provided in state acute
the outlier payment methodology for inpatient hospital                 hospitals (Louisiana Register, Volume 32, Number 2).
services which will be published in the January 20, 2011                  The department promulgated an Emergency Rule which
edition of the Louisiana Register.                                     amended the provisions governing the reimbursement
   Interested persons may submit written comments to Don               methodology for inpatient hospital services to provide a
Gregory, Bureau of Health Services Financing, P.O. Box                 supplemental Medicaid payment to state-owned acute care
91030, Baton Rouge, LA 70821-9030. He is responsible for               hospitals that meet the qualifying criteria, and to adjust the
responding to inquiries regarding this Emergency Rule. A               reimbursement paid to non-qualifying state-owned acute
copy of this Emergency Rule is available for review by                 care hospitals (Louisiana Register, Volume 36, Number 11).
interested parties at parish Medicaid offices.                         The department now proposes to amend the provisions of the
                                                                       October 16, 2010 Emergency Rule to clarify the provisions
                             Bruce D. Greenstein                       governing the reimbursement methodology for those state-
                             Secretary                                 owned acute care hospitals that do not meet the qualifying
1102#008
                                                                       criteria for the supplemental payment. For the purpose of
                                                                       clarity, the department also proposes to incorporate the
             DECLARATION OF EMERGENCY                                  provisions of the February 20, 2006 Rule in a codified
             Department of Health and Hospitals                        format for inclusion in the Louisiana Administrative Code.
             Bureau of Health Services Financing                       This action is being taken to clarify the intent of the October
                                                                       16, 2010 Emergency Rule and to promote the health and
           Inpatient Hospital ServicesState Hospitals                 welfare of Medicaid recipients by ensuring sufficient
             Supplemental Payments (LAC 50:V.551)                      provider participation and recipient access to services.
                                                                          Effective January 20, 2011, the Department of Health and
  The Department of Health and Hospitals, Bureau of                    Hospitals, Bureau of Health Services Financing amends the
Health Services Financing adopts LAC 50:V.551 in the                   provisions of the October 16, 2010 Emergency Rule
Medical Assistance Program as authorized by R.S. 36:254                governing the reimbursement methodology for inpatient
and pursuant to Title XIX of the Social Security Act. This             hospital services rendered by state-owned acute care
Emergency Rule is promulgated in accordance with the                   hospitals.




                                                                 452               Louisiana Register Vol. 37, No. 02 February 20, 2011
                            Title 50                                      Act or until adoption of the final Rule, whichever occurs
     PUBLIC HEALTHMEDICAL ASSISTANCE                                     first.
                  Part V. Hospital Services                                  The Department of Health and Hospitals, Bureau of
           Subpart 1. Inpatient Hospital Services                         Health Services Financing, the Office of Aging and Adult
Chapter 5.       State Hospitals                                          Services, and the Office for Citizens with Developmental
Subchapter B. Reimbursement Methodology                                   Disabilities adopted provisions which reduced the
§551. Acute Care Hospitals                                                reimbursement rates for designated services and the monthly
   A. Inpatient hospital services rendered by state-owned                 prescription limit covered in the Medicaid Program
acute care hospitals shall be reimbursed at allowable costs               (Louisiana Register, Volume 36, Number 12). The
and shall not be subject to per discharge or per diem limits.             department has now determined that it is necessary to
   B. Effective for dates of service on or after October 16,              rescind all of the December 1, 2010 Emergency Rules which
2010, a quarterly supplemental payment up to the Medicare                 reduced the Medicaid reimbursement rates and the monthly
upper payment limits will be issued to qualifying state-                  prescription limit.
owned hospitals for inpatient acute care services rendered.                  Effective January 11, 2011, the Department of Health and
     1. - 2. Repealed.                                                    Hospitals, Bureau of Health Services Financing rescinds the
   C. Qualifying Criteria for Supplemental Payment. The                   following Emergency Rules which appeared in the
state-owned acute care hospitals must be located in DHH                   December 20, 2010 edition of the Louisiana Register on
Administrative Region 8 (Monroe).                                         pages 2771-2823:
   D. Effective for dates of service on or after October 16,                    1. All Inclusive Care for the Elderly Reimbursement
2010, Medicaid rates paid to state-owned acute care                       Rate Reduction (LAC 50:XXIII.1301);
hospitals that do not meet the qualifying criteria for the                      2. Ambulatory Surgical Centers Reimbursement Rate
supplemental payment shall be adjusted to 60 percent of                   Reduction (LAC 50:XI.7503);
allowable Medicaid costs.                                                       3. Early and Periodic Screening, Diagnosis and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     TreatmentDental Program Reimbursement Rate Reduction
36:254 and Title XIX of the Social Security Act.                          (LAC 50:XV.6903);
  HISTORICAL NOTE: Promulgated by the Department of                             4. Early and Periodic Screening, Diagnosis and
Health and Hospitals, Bureau of Health Services Financing, LR 37:
                                                                          TreatmentHealth ServicesEarlySteps Reimbursement
   Implementation of the provisions of this Rule may be                   Rate Reduction (LAC 50:XV.7107);
contingent upon the approval of the U.S. Department of                          5. End Stage Renal Disease Facilities Reimbursement
Health and Human Services, Centers for Medicare and                       Rate Reduction (LAC 50:XI.6901 and 6903);
Medicaid Services (CMS), if it is determined that
                                                                                6. Home Health ProgramExtended Nursing
submission to CMS for review and approval is required.
                                                                          Services     Reimbursement       Rate   Reduction     (LAC
   Interested persons may submit written comments to Don
                                                                          50:XIII.701);
Gregory, Bureau of Health Services Financing, P.O. Box
                                                                                7. Inpatient Hospital ServicesNon-Rural, Non-State
91030, Baton Rouge, LA 70821-9030. He is responsible for
                                                                          Hospitals Reimbursement Rate Reduction (LAC 50:V.953,
responding to inquiries regarding this Emergency Rule. A
                                                                          955, 959 and 967);
copy of this Emergency Rule is available for review by
interested parties at parish Medicaid offices.                                  8. Inpatient Hospital ServicesNon-Rural, Non-State
                                                                          HospitalsOutlier Payment Methodology (LAC 50:V.954);
                            Bruce D. Greenstein                                 9. Outpatient Hospital ServicesNon-Rural, Non-
                            Secretary                                     State Hospitals and Children‘s Specialty Hospitals
1102#007                                                                  Reimbursement Rate Reduction (LAC:V.5313, 5317, 5513,
                                                                          5517, 5713, 5719, 6115 and 6119);
           DECLARATION OF EMERGENCY                                             10. Laboratory and Radiology Services Reimbursement
                                                                          Rate Reduction (LAC 50:XIX.4329 and 4334-4337);
            Department of Health and Hospitals                                  11. Mental      Health     Rehabilitation     Program
            Bureau of Health Services Financing                           Reimbursement Rate Reduction (LAC 50:XV.901);
                                                                                12. Multi-Systemic Therapy Reimbursement Rate
           Medicaid ProgramReimbursement Rate                            Reduction (LAC 50:XV.25701);
             and Prescription Limit Reductions                                  13. Personal        Care        ServicesLong-Term
                                                                          Reimbursement Rate Reduction (LAC 50:XV.12917);
  The Department of Health and Hospitals, Bureau of                             14. Pharmacy ProgramPrescription Limit Reduction
Health Services Financing hereby rescinds the December 1,                 (LAC 50:XXIX.113);
2010 Emergency Rules implementing reimbursement rate                            15. Pregnant Women Extended ServicesDental
reductions and prescription limit reduction in the Medical                Services     Reimbursement       Rate   Reduction     (LAC
Assistance Program as authorized by R.S. 36:254.These                     50:XV.16107);
Emergency Rules were adopted on November 22, 2010,                              16. Medical Transportation ProgramEmergency
published in the major daily newspapers and the December                  Ambulance Services Reimbursement Rate Reduction (LAC
20, 2010 edition of the Louisiana Register.This Emergency                 50:XXVII.325 and 353);
Rule is promulgated in accordance with the provisions of the                    17. Medical Transportation ProgramNon-Emergency
Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and              Ambulance Services Reimbursement Rate Reduction (LAC
shall be in effect for the maximum period allowed under the               50:XXVII.571); and

                                                                    453              Louisiana Register Vol. 37, No. 02 February 20, 2011
     18. Medical Transportation ProgramNon-Emergency                                           Title 50
Medical Transportation Reimbursement Rate Reduction                        PUBLIC HEALTHMEDICAL ASSISTANCE
(LAC 50:XXVII.573).                                                                    Part V. Hospital Services
   Interested persons may submit written comments to Don                       Subpart 5. Outpatient Hospital Services
Gregory, Bureau of Health Services Financing, P.O. Box                Chapter 63. Diabetes Education Services
91030, Baton Rouge, LA 70821-9030. He is responsible for              Subchapter A. General Provisions
responding to inquiries regarding this Emergency Rule. A              §6301. Introduction
copy of this Emergency Rule is available for review by                  A. Effective for dates of service on or after February 20,
interested parties at parish Medicaid offices.                        2011, the department shall provide coverage of diabetes self-
                                                                      management training (DSMT) services rendered to Medicaid
                          Bruce D. Greenstein                         recipients diagnosed with diabetes.
                          Secretary                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
1102#006                                                              36:254 and Title XIX of the Social Security Act.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
           DECLARATION OF EMERGENCY                                   Health and Hospitals, Bureau of Health Services Financing, LR 37:
                                                                      §6303. Scope of Services
           Department of Health and Hospitals                           A. DSMT services shall be comprised of one hour of
           Bureau of Health Services Financing                        individual instruction and nine hours of group instruction on
                                                                      diabetes self-management.
               Outpatient Hospital Services                             B. Service Limits. Recipients shall receive up to 10
Diabetes Self-Management Training (LAC 50:V.Chapter 63)               hours of services during the first 12-month period following
                                                                      the initial order. After the first 12-month period has ended,
   The Department of Health and Hospitals, Bureau of                  recipients shall only be eligible for two hours of individual
Health Services Financing adopts LAC 50:V.Chapter 63 in               instruction on diabetes self-management every 12 months.
the Medical Assistance Program as authorized by R.S.                    AUTHORITY NOTE: Promulgated in accordance with R.S.
36:254 and pursuant to Title XIX of the Social Security Act.          36:254 and Title XIX of the Social Security Act.
This Emergency Rule is promulgated in accordance with the               HISTORICAL NOTE: Promulgated by the Department of
provisions of the Administrative Procedure Act, R.S.                  Health and Hospitals, Bureau of Health Services Financing, LR 37:
49:953(B)(1) et seq., and shall be in effect for the maximum          §6305. Provider Participation
period allowed under the Act or until adoption of the final              A. In order to receive Medicaid reimbursement,
Rule, whichever occurs first.                                         outpatient hospitals must have a DSMT program that meets
   Act 11 of the 2010 Regular Session of the Louisiana                the quality standards of one of the following accreditation
Legislature authorized the Department of Health and                   organizations:
Hospitals, through its primary and preventive care activity,               1. the American Diabetes Association;
to provide reimbursement to providers for rendering services               2. the American Association of Diabetes Educators; or
that will educate and encourage Medicaid enrollees to obtain               3. the Indian Health Service.
appropriate preventive and primary care in order to improve              B. All DSMT programs must adhere to the national
their overall health and quality of life. In keeping with the         standards for diabetes self-management education.
intent of Act 11, the Department of Health and Hospitals,                  1. Each member of the instructional team must:
Bureau of Health Services Financing proposes to adopt                        a. be a certified diabetes educator (CDE) certified
provisions in the Hospital Program to provide Medicaid                by the National Certification Board for Diabetes Educators;
reimbursement for diabetes self-management training                   or
(DSMT) services rendered in an outpatient hospital setting.                  b. have recent didactic and experiential preparation
It is anticipated that this new service will promote improved         in education and diabetes management.
patient self-management skills which will reduce diabetes-                 2. At a minimum, the instructional team must consist
related complications that adversely affect quality of life,          of one the following professionals who is a CDE:
and subsequently reduce Medicaid costs associated with the                   a. a registered dietician;
care of recipients diagnosed with diabetes-related illnesses.                b. a registered nurse; or
   This action is being taken to promote the health and                      c. a pharmacist.
welfare of Medicaid recipients diagnosed with diabetes and                 3. All members of the instructional team must obtain
to ultimately reduce the Medicaid costs associated with their         the nationally recommended annual continuing education
care. It is estimated that implementation of this Emergency           hours for diabetes management.
Rule will increase expenditures in the Professional Services             C. Members of the instructional team must be either
Program by approximately $196,541 for state fiscal year               employed by or have a contract with a Medicaid enrolled
2010-2011.                                                            outpatient hospital that will submit the claims for
   Effective February 20, 2011, the Department of Health              reimbursement of outpatient DSMT services rendered by the
and Hospitals, Bureau of Health Services Financing adopts             team. AUTHORITY NOTE:               Promulgated          in
provisions in the Hospital Program to provide coverage for            accordance with R.S. 36:254 and Title XIX of the Social
diabetes self-management training services rendered in an             Security Act.
outpatient hospital setting.



                                                                454               Louisiana Register Vol. 37, No. 02 February 20, 2011
  HISTORICAL NOTE: Promulgated by the Department of                       governing prescription limits in the Pharmacy Benefits
Health and Hospitals, Bureau of Health Services Financing, LR 37:         Management Program to reduce the number of prescriptions
Subchapter B. Reimbursement                                               covered by the Medicaid Program within a calendar month
§6311. Reimbursement Methodology                                          for certain recipients (Louisiana Register, Volume 35,
  A. Effective for dates of service on or after February 20,              Number 9).
2011, the Medicaid Program shall provide reimbursement                       Due to a budgetary shortfall in state fiscal year 2011, the
for diabetes self-management training services rendered by                department has determined that it is necessary to amend the
qualified health care professionals in an outpatient hospital             provisions governing the Pharmacy Benefits Management
setting.                                                                  Program to further reduce the number of prescriptions
  B. Reimbursement for DSMT services shall be a flat fee                  covered by the Medicaid Program within a calendar month.
based on the appropriate Healthcare Common Procedure                      This action is being taken to avoid a budget deficit in the
Coding (HCPC) code.                                                       medical assistance programs. It is estimated that
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     implementation of this Emergency Rule will reduce
36:254 and Title XIX of the Social Security Act.                          expenditures in the Medicaid Program by approximately
  HISTORICAL NOTE: Promulgated by the Department of
                                                                          $1,240,000 for state fiscal year 2010-2011.
Health and Hospitals, Bureau of Health Services Financing, LR 37:
                                                                             Effective February 1, 2011, the Department of Health and
   Implementation of the provisions of this Rule may be
                                                                          Hospitals, Bureau of Health Services Financing amends the
contingent upon the approval of the U.S. Department of
                                                                          provisions governing prescription limits in the Pharmacy
Health and Human Services, Centers for Medicare and
                                                                          Benefits Management Program.
Medicaid Services (CMS), if it is determined that
submission to CMS for review and approval is required.                                                 Title 50
   Interested persons may submit written comments to Don                        PUBLIC HEALTH—MEDICAL ASSISTANCE
Gregory, Bureau of Health Services Financing, P.O. Box                                         Part XXIX. Pharmacy
91030, Baton Rouge, LA 70821-9030. He is responsible for                  Chapter 1.        General Provisions
responding to inquiries regarding this Emergency Rule. A                  §113. Prescription Limit
copy of this Emergency Rule is available for review by                       A. Effective February 1, 2011, the Department of Health
interested parties at parish Medicaid offices.                            and Hospitals will pay for a maximum of four prescriptions
                                                                          per calendar month for Medicaid recipients.
                                                                             B. The following federally mandated recipient groups
                            Bruce D. Greenstein
                                                                          are exempt from the four prescriptions per calendar month
                            Secretary
1102#078                                                                  limitation:
                                                                               1. persons under 21 years of age;
                                                                               2. persons who are residents of long-term care
           DECLARATION OF EMERGENCY
                                                                          institutions, such as nursing homes and ICF-DD facilities;
            Department of Health and Hospitals                            and
            Bureau of Health Services Financing                                3. pregnant women.
                                                                             C. The four prescriptions per month limit can be
           Pharmacy Benefits Management Program                           exceeded when the prescriber determines an additional
                Prescription Limit Reduction                              prescription is medically necessary and communicates the
                    (LAC 50:XXIX.113)                                     following information to the pharmacist in his own
                                                                          handwriting or by telephone or other telecommunications
   The Department of Health and Hospitals, Bureau of                      device:
Health Services Financing amends LAC 50:XXIX.113 in the                        1. ―medically necessary override;‖ and
Medical Assistance Program as authorized by R.S. 36:254                        2. a valid ICD-9-CM, or its successor, diagnosis code
and pursuant to Title XIX of the Social Security Act and as               that is directly related to each drug prescribed that is over the
directed by Act 11 of the 2010 Regular Session of the                     four prescription limit (no ICD-9-CM, or its successor,
Louisiana Legislature which states: ―The secretary is                     literal description is acceptable).
directed to utilize various cost containment measures to                     D. The prescriber should use the Clinical Drug Inquiry
ensure expenditures in the Medicaid Program do not exceed                 (CDI) internet web application developed by the fiscal
the level appropriated in this Schedule, including but not                intermediary in his/her clinical assessment of the patient‘s
limited to precertification, preadmission screening,                      disease state or medical condition and the current drug
diversion, fraud control, utilization review and management,              regime before making a determination that more than four
prior authorization, service limitations, drug therapy                    prescriptions per calendar month is required by the recipient.
management, disease management, cost sharing, and other                      E. ...
measures as permitted under federal law.‖ This Emergency                     F. An acceptable statement and ICD-9-CM, or its
Rule is promulgated in accordance with the provisions of the              successor, diagnosis code is required for each prescription in
Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and              excess of four for that month.
shall be in effect for the maximum period allowed under the                  G. ...
Act or until adoption of the final Rule, whichever occurs                   AUTHORITY NOTE: Promulgated in accordance with R.S.
first.                                                                    36:254 and Title XIX of the Social Security Act.
   As a result of a budgetary shortfall in state fiscal year                HISTORICAL NOTE: Promulgated by the Department of
                                                                          Health and Hospitals, Office of the Secretary, Bureau of Health
2009, the Department of Health and Hospitals, Bureau of
                                                                          Services Financing, LR 32:1055 (June 2006), amended by the
Health Services Financing amended the provisions
                                                                    455               Louisiana Register Vol. 37, No. 02 February 20, 2011
Department of Health and Hospitals, Bureau of Health Services          provisions in the Professional Services Program to provide
Financing, LR 35:1901 (September 2009), LR 37:                         coverage for diabetes self-management training services.
   Implementation of the provisions of this Rule may be                                           Title 50
contingent upon the approval of the U.S. Department of                      PUBLIC HEALTHMEDICAL ASSISTANCE
Health and Human Services, Centers for Medicare and                              Part IX. Professional Services Program
Medicaid Services (CMS), if it is determined that                                     Subpart 1. General Provisions
submission to CMS for review and approval is required.                 Chapter 7.      Diabetes Education Services
   Interested persons may submit written comments to Don               §701. General Provisions
Gregory, Bureau of Health Services Financing, P.O. Box                   A. Effective for dates of service on or after February 20,
91030, Baton Rouge, LA 70821-9030. He is responsible for               2011, the department shall provide coverage of diabetes self-
responding to inquiries regarding this Emergency Rule. A               management training (DSMT) services rendered to Medicaid
copy of this Emergency Rule is available for review by                 recipients diagnosed with diabetes.
interested parties at parish Medicaid offices.                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       36:254 and Title XIX of the Social Security Act.
                           Bruce D. Greenstein                           HISTORICAL NOTE: Promulgated by the Department of
                           Secretary                                   Health and Hospitals, Bureau of Health Services Financing, LR 37:
1102#005                                                               §703. Scope of Services
                                                                         A. DSMT shall be comprised of one hour of individual
           DECLARATION OF EMERGENCY                                    instruction and nine hours of group instruction on diabetes
                                                                       self-management.
           Department of Health and Hospitals                            B. Service Limits. Recipients shall receive up to 10
           Bureau of Health Services Financing                         hours of services during the first 12-month period following
                                                                       the initial order. After the first 12-month period has ended,
               Professional Services Program                           recipients shall only be eligible for two hours of individual
            Diabetes Self-Management Training                          instruction on diabetes self-management every 12 months.
             (LAC 50:IX.Chapter 7 and 15103)                             AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       36:254 and Title XIX of the Social Security Act.
   The Department of Health and Hospitals, Bureau of                     HISTORICAL NOTE: Promulgated by the Department of
Health Services Financing adopts LAC 50:IX.Chapter 7 and               Health and Hospitals, Bureau of Health Services Financing, LR 37:
§15103 in the Medical Assistance Program as authorized by              §705. Provider Participation
R.S. 36:254 and pursuant to Title XIX of the Social Security              A. In order to receive Medicaid reimbursement,
Act. This Emergency Rule is promulgated in accordance                  outpatient hospitals must have a DSMT program that meets
with the provisions of the Administrative Procedure Act,               the quality standards of one of the following accreditation
R.S. 49:953(B)(1) et seq., and shall be in effect for the              organizations:
maximum period allowed under the Act or until adoption of                   1. the American Diabetes Association;
the final Rule, whichever occurs first.                                     2. the American Association of Diabetes Educators; or
   Act 11 of the 2010 Regular Session of the Louisiana                      3. the Indian Health Service.
Legislature authorized the Department of Health and                       B. All DSMT programs must adhere to the national
Hospitals, through its primary and preventive care activity,           standards for diabetes self-management education.
to provide reimbursement to providers for rendering services                1. Each member of the instructional team must:
that will educate and encourage Medicaid enrollees to obtain                  a. be a certified diabetes educator (CDE) certified
appropriate preventive and primary care in order to improve            by the National Certification Board for Diabetes Educators;
their overall health and quality of life. In keeping with the          or
intent of Act 11, the Department of Health and Hospitals,                     b. have recent didactic and experiential preparation
Bureau of Health Services Financing proposes to adopt                  in education and diabetes management.
provisions in the Professional Services Program to provide                  2. At a minimum, the instructional team must consist
Medicaid reimbursement for diabetes self-management                    of one the following professionals who are also a CDE:
training (DSMT) services. It is anticipated that this new                     a. a registered dietician;
service will promote improved patient self-management                         b. a registered nurse; or
skills which will reduce diabetes-related complications that                  c. a pharmacist.
adversely affect quality of life, and subsequently reduce                   3. All members of the instructional team must obtain
Medicaid costs associated with the care of recipients                  the nationally recommended annual continuing education
diagnosed with diabetes-related illnesses.                             hours for diabetes management.
   This action is being taken to promote the health and                   C. Members of the instructional team must be either
welfare of Medicaid recipients diagnosed with diabetes and             employed by or have a contract with a Medicaid enrolled
to reduce the Medicaid costs associated with their care. It is         professional services provider that will submit the claims for
estimated that implementation of this Emergency Rule will              reimbursement of DSMT services rendered by the team.
increase expenditures in the Professional Services Program               AUTHORITY NOTE: Promulgated in accordance with R.S.
by approximately $39,308 for state fiscal year 2010-2011.              36:254 and Title XIX of the Social Security Act.
   Effective February 20, 2011, the Department of Health                 HISTORICAL NOTE: Promulgated by the Department of
and Hospitals, Bureau of Health Services Financing adopts              Health and Hospitals, Bureau of Health Services Financing, LR 37:



                                                                 456               Louisiana Register Vol. 37, No. 02 February 20, 2011
                Subpart 15. Reimbursement                                 Code. This Emergency Rule is being promulgated to
Chapter 151. Reimbursement Methodology                                    continue the provisions of the July 1, 2010 Emergency Rule.
Subchapter A. General Provisions                                          This action is being taken to promote the health and welfare
§15103. Diabetes Education Services                                       of Medicaid recipients by encouraging continued provider
  A. Effective for dates of service on or after February 20,              participation in the Medicaid Program and ensuring recipient
2011, the Medicaid Program shall provide reimbursement                    access to services.
for diabetes self-management training services rendered by                   Effective February 28, 2011, the Department of Health
qualified health care professionals.                                      and Hospitals, Bureau of Health Services Financing amends
  B. Reimbursement for DSMT services shall be a flat fee                  the provisions governing the reimbursement methodology
based on the appropriate Healthcare Common Procedure                      for services rendered by physicians and other professional
Coding (HCPC) code.                                                       service practitioners.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                                Title 50
36:254 and Title XIX of the Social Security Act.                               PUBLIC HEALTH―MEDICAL ASSISTANCE
  HISTORICAL NOTE: Promulgated by the Department of                                 Part IX. Professional Services Program
Health and Hospitals, Bureau of Health Services Financing, LR 37:                         Subpart 15. Reimbursement
   Implementation of the provisions of this Rule may be                   Chapter 151. Reimbursement Methodology
contingent upon the approval of the U.S. Department of                              Subchapter F. Supplemental Payments
Health and Human Services, Centers for Medicare and                       §15151. Qualifying CriteriaState Owned or Operated
Medicaid Services (CMS), if it is determined that
                                                                                    Professional Services Practices
submission to CMS for review and approval is required.
                                                                             A. In order to qualify to receive supplemental payments,
   Interested persons may submit written comments to Don
                                                                          physicians and other eligible professional service
Gregory, Bureau of Health Services Financing, P.O. Box
                                                                          practitioners must be:
91030, Baton Rouge, LA 70821-9030. He is responsible for
                                                                               1. licensed by the state of Louisiana;
responding to inquiries regarding this Emergency Rule. A
                                                                               2. enrolled as a Louisiana Medicaid provider; and
copy of this Emergency Rule is available for review by
                                                                               3. employed by a state-owned or operated entity, such
interested parties at parish Medicaid offices.
                                                                          as a state-operated hospital or other state entity, including a
                                                                          state academic health system, which:
                            Bruce D. Greenstein
                                                                                  a. has been designated by the bureau as an essential
                            Secretary
1102#079
                                                                          provider; and
                                                                                  b. has furnished satisfactory data to DHH regarding
                                                                          the commercial insurance payments made to its employed
           DECLARATION OF EMERGENCY                                       physicians and other professional service practitioners.
           Department of Health and Hospitals                                B. The supplemental payment to each qualifying
           Bureau of Health Services Financing                            physician or other eligible professional services practitioner
                                                                          in the practice plan will equal the difference between the
      Professional Services ProgramReimbursement                         Medicaid payments otherwise made to these qualifying
          MethodologySupplemental Payments                               providers for professional services and the average amount
               (LAC 50:IX.15151 and 15153)                                that would have been paid at the equivalent community rate.
                                                                          The community rate is defined as the average amount that
  The Department of Health and Hospitals, Bureau of                       would have been paid by commercial insurers for the same
Health Services Financing adopts §15151 and §15153 in the                 services.
Medical Assistance Program as authorized by R.S. 36:254                      C. The supplemental payments shall be calculated by
and pursuant to Title XIX of the social Security Act. This                applying a conversion factor to actual charges for claims
Emergency Rule is promulgated in accordance with the                      paid during a quarter for Medicaid services provided by the
provisions of the Administrative Procedure Act, R.S.                      state-owned or operated practice plan providers. The
49:953(B)(1) et seq., and shall be in effect for the maximum              commercial payments and respective charges shall be
period allowed under the Act or until adoption of the final               obtained for the state fiscal year preceding the
Rule, whichever occurs first.                                             reimbursement year. If this data is not provided satisfactorily
  The Department of Health and Hospitals, Office of the                   to DHH, the default conversion factor shall equal ―1‖. This
Secretary, Bureau of Health Services Financing adopted                    conversion factor shall be established annually for qualifying
provisions in the Professional Services Program to provide                physicians/practitioners by:
supplemental payments to physicians and other eligible                         1. determining the amount that private commercial
professional service practitioners employed by state-owned                insurance companies paid for commercial claims submitted
or operated entities (Louisiana Register, Volume 32, Number               by the state-owned or operated practice plan or entity; and
6). The department now proposes to amend the provisions                        2. dividing that amount by the respective charges for
governing the reimbursement methodology for professional                  these payers.
services to provide a supplemental payment to physicians                     D. The actual charges for paid Medicaid services shall be
and other professional practitioners employed by, or under                multiplied by the conversion factor to determine the
contract with, non-state owned or operated governmental                   maximum allowable Medicaid reimbursement. For eligible
entities. In addition, this Emergency Rule will also                      non-physician practitioners, the maximum allowable
repromulgate the provisions of the June 20, 2006 Rule in a                Medicaid reimbursement shall be limited to 80 percent of
codified format for inclusion in the Louisiana Administrative             this amount.
                                                                    457               Louisiana Register Vol. 37, No. 02 February 20, 2011
  E. The actual base Medicaid payments to the qualifying                  copy of this Emergency Rule is available for review by
physicians/practitioners employed by a state-owned or                     interested parties at parish Medicaid offices.
operated entity shall then be subtracted from the maximum
Medicaid reimbursable amount to determine the                                                        Bruce D. Greenstein
supplemental payment amount.                                                                         Secretary
  F. The supplemental payment for services provided by                    1102#083
the qualifying state-owned or operated physician practice
plan will be implemented through a quarterly supplemental                            DECLARATION OF EMERGENCY
payment to providers, based on specific Medicaid paid claim
                                                                                     Department of Health and Hospitals
data.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                Bureau of Health Services Financing
36:254 and Title XIX of the Social Security Act.
  HISTORICAL NOTE: Promulgated by the Department of                       Rural Health ClinicsDiabetes Self-Management Training
Health and Hospitals, Bureau of Health Services Financing, LR 37:                (LAC 50:XI.Chapters 163-165 and 16701)
§15153. Qualifying CriteriaNon-State Owned or
          Operated Professional Services Practices                           The Department of Health and Hospitals, Bureau of
   A. Effective for dates of service on or after July 1, 2010,            Health Services Financing amends LAC 50:XI.Chapters
physicians and other professional service practitioners who               163-165 and §16701 in the Medical Assistance Program as
are employed by, or under contract with, a non-state owned                authorized by R.S. 36:254 and pursuant to Title XIX of the
or operated governmental entity, such as a non-state owned                Social Security Act. This Emergency Rule is promulgated in
or operated public hospital, may qualify for supplemental                 accordance with the provisions of the Administrative
payments for services rendered to Medicaid recipients. To                 Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in
qualify for the supplemental payment, the physician or                    effect for the maximum period allowed under the Act or until
professional service practitioner must be:                                adoption of the final Rule, whichever occurs first.
     1. licensed by the state of Louisiana; and                              Act 11 of the 2010 Regular Session of the Louisiana
     2. enrolled as a Louisiana Medicaid provider.                        Legislature authorized the Department of Health and
   B. The supplemental payment will be determined in a                    Hospitals, through its primary and preventive care activity,
manner to bring payments for these services up to the                     to provide reimbursement to providers for rendering services
community rate level.                                                     that will educate and encourage Medicaid enrollees to obtain
     1. For purposes of these provisions, the community                   appropriate preventive and primary care in order to improve
rate shall be defined as the rates paid by commercial payers              their overall health and quality of life. In keeping with the
for the same service.                                                     intent of Act 11, the Department of Health and Hospitals,
   C. The non-state governmental entity shall periodically                Bureau of Health Services Financing proposes to amend the
furnish satisfactory data for calculating the community rate              provisions governing rural health clinics to provide
as requested by DHH.                                                      Medicaid reimbursement for diabetes self-management
   D. The supplemental payment amount shall be                            training (DSMT) services. It is anticipated that this new
determined by establishing a Medicare to community rate                   service will promote improved patient self-management
conversion factor for the physician or physician practice                 skills which will reduce diabetes-related complications that
plan. At the end of each quarter, for each Medicaid claim                 adversely affect quality of life, and subsequently reduce
paid during the quarter, a Medicare payment amount will be                Medicaid costs associated with the care of recipients
calculated and the Medicare to community rate conversion                  diagnosed with diabetes-related illnesses. This Emergency
factor will be applied to the result. Medicaid payments made              Rule will also reorganize the provisions governing provider
for the claims paid during the quarter will then be subtracted            participation and services in a more clear and concise
from this amount to establish the supplemental payment                    manner in the Louisiana Administrative Code.
amount for that quarter.                                                     This action is being taken to promote the health and
   E. The supplemental payments shall be made on a                        welfare of Medicaid recipients diagnosed with diabetes and
quarterly basis and the Medicare to community rate                        to reduce the Medicaid costs associated with their care. It is
conversion factor shall be recalculated periodically as                   estimated that implementation of this Emergency Rule will
determined by the department.                                             increase expenditures for rural health clinic services by
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     approximately $6,551 for state fiscal year 2010-2011.
36:254 and Title XIX of the Social Security Act.                             Effective February 20, 2011, the Department of Health
  HISTORICAL NOTE: Promulgated by the Department of                       and Hospitals, Bureau of Health Services Financing amends
Health and Hospitals, Bureau of Health Services Financing, LR 37:         the provisions governing rural health clinics to provide
  Implementation of these provisions of this Rule may be                  coverage for diabetes self-management training services.
contingent upon the approval of the U.S. Department of                                               Title 50
Health and Human Services, Centers for Medicare and
                                                                               PUBLIC HEALTHMEDICAL ASSISTANCE
Medicaid Services (CMS), if it is determined that
                                                                                            Part XI. Clinic Services
submission to CMS for review and approval is required.
                                                                                        Subpart 15. Rural Health Clinics
  Interested persons may submit written comments to Don
                                                                          Chapter 163. Services
Gregory, Bureau of Health Services Financing, P.O. Box
                                                                          §16301. Scope of Services
91030, Baton Rouge, LA 70821-9030. He is responsible for
                                                                             A. Medicaid reimbursement is limited to medically
responding to inquiries regarding this Emergency Rule. A
                                                                          necessary services that are covered by the Medicaid State

                                                                    458              Louisiana Register Vol. 37, No. 02 February 20, 2011
Plan and would be covered if furnished by a physician. The                HISTORICAL NOTE: Promulgated by the Department of
following services shall be covered:                                    Health and Hospitals, Office of the Secretary, Bureau of Health
     1. services furnished by a physician, within the scope             Services Financing, LR 32:1905 (October 2006), repromulgated LR
of practice of his profession under Louisiana law;                      32:2267 (December 2006), amended by the Department of Health
                                                                        and Hospitals, Bureau of Health Services Financing, LR 37:
     2. services furnished by a:
                                                                        §16503. Standards for Participation
       a. physician assistant;
                                                                           A. Rural Health Clinics must comply with the applicable
       b. nurse practitioner;
                                                                        licensure, accreditation and program participation standards
       c. nurse midwife;
                                                                        for all services rendered. If a RHC wishes to initiate
       d. clinical social worker;
                                                                        participation, it shall be responsible for meeting all of the
       e. clinical psychologist; or
                                                                        enrollment criteria of the program. The RHC provider shall:
       f. dentist;
                                                                             1. maintain an acceptable fiscal record keeping system
     3. services and supplies that are furnished as an
                                                                        that readily distinguishes one type of service from another
incident to professional services furnished by all eligible
                                                                        type of service that may be provided;
professionals;
                                                                             2. retain all records necessary to fully disclose the
     4. other ambulatory services; and
                                                                        extent of services provided to recipients for five years from
     5. diabetes self-management training (DSMT)
                                                                        the date of service and furnish such records, and any
services.
                                                                        payments claimed for providing such services, to the
  B. Effective February 20, 2011, the department shall
                                                                        Medicaid Program upon request; and
provide coverage of diabetes self-management training
                                                                             3. abide by and adhere to all federal and state
services rendered to Medicaid recipients diagnosed with
                                                                        regulations and policy manuals.
diabetes.
                                                                           B. Medicaid enrollment can be no sooner than
     1. The services shall be comprised of one hour of
                                                                        Medicaid‘s receipt of the complete enrollment packet. A
individual instruction and nine hours of group instruction on
                                                                        complete enrollment packet for RHCs must include a copy
diabetes self-management.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   of the CMS provider certification letter approving rural
36:254 and Title XIX of the Social Security Act.                        health clinic status.
  HISTORICAL NOTE: Promulgated by the Department of                        C. In order to receive Medicaid reimbursement for
Health and Hospitals, Office of the Secretary, Bureau of Health         DSMT services, a RHC must have a DSMT program that
Services Financing, LR 32:1904 (October 2006), repromulgated LR         meets the quality standards of one of the following
32:2267 (December 2006), amended by the Department of Health            accreditation organizations:
and Hospitals, Bureau of Health Services Financing, LR 37:                   1. the American Diabetes Association;
§16303. Service Limits                                                       2. the American Association of Diabetes Educators; or
  A. Rural health clinic visits (encounters) are limited to                  3. the Indian Health Service.
12 visits per year for medically necessary services rendered               D. All DSMT programs must adhere to the national
to Medicaid recipients who are 21 years of age or older.                standards for diabetes self-management education.
Visits for Medicaid recipients who are under 21 years of age                 1. Each member of the instructional team must:
and for prenatal and postpartum care are excluded from the                     a. be a certified diabetes educator (CDE) certified
service limitation.                                                     by the National Certification Board for Diabetes Educators;
     1. - 3. Repealed.                                                  or
  B. Recipients of DSMT services shall receive up to 10                        b. have recent didactic and experiential preparation
hours of services during the first 12-month period following            in education and diabetes management.
the initial order.                                                           2. At a minimum, the instructional team must consist
     1. After the first 12-month period ends, recipients                of one the following professionals who is a CDE:
shall only be eligible for two hours of individual instruction                 a. a registered dietician;
on diabetes self-management every 12 months.                                   b. a registered nurse; or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                          c. a pharmacist.
36:254 and Title XIX of the Social Security Act.                             3. All members of the instructional team must obtain
  HISTORICAL NOTE: Promulgated by the Department of                     the nationally recommended annual continuing education
Health and Hospitals, Office of the Secretary, Bureau of Health         hours for diabetes management.
Services Financing, LR 32:1905 (October 2006), repromulgated LR
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
32:2267 (December 2006), amended by the Department of Health
                                                                        36:254 and Title XIX of the Social Security Act.
and Hospitals, Bureau of Health Services Financing, LR 37:
                                                                          HISTORICAL NOTE: Promulgated by the Department of
Chapter 165. Provider Participation                                     Health and Hospitals, Office of the Secretary, Bureau of Health
§16501. Provider Enrollment                                             Services Financing, LR 32:1905 (October 2006), repromulgated LR
  A. In order to enroll and participate in the Medicaid                 32:2267 (December 2006), amended by the Department of Health
Program, a RHC must submit a completed provider                         and Hospitals, Bureau of Health Services Financing, LR 37:
enrollment packet.                                                      Chapter 167. Reimbursement Methodology
     1. - 4. Repealed.                                                  §16701. Prospective Payment System
  B. The effective date of enrollment to participate in the               A. - B.2.NOTE …
Medicaid Program shall not be prior to the date of receipt of               3. Effective for dates of service on or after February
the completed enrollment packet.                                        20, 2011, the Medicaid Program shall include coverage for
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   diabetes self-management training services rendered by
36:254 and Title XIX of the Social Security Act.

                                                                  459               Louisiana Register Vol. 37, No. 02 February 20, 2011
qualified health care professionals in the RHC encounter                requirements for applications to drill, casing program
rate.                                                                   requirements, mandatory diverter systems and blowout
        a. Separate encounters for DSMT services are not                preventer requirements, oil and gas well-workover
permitted and the delivery of DSMT services alone does not              operations, diesel engine safety requirements, and drilling
constitute an encounter visit.                                          fluid regulations. Further, the Emergency Rule amends
   C. - D. …                                                            Statewide Order No. 29-B-a (LAC 43:XIX.Chapter 11) to
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   provide for and expand upon rules concerning the use of
36:254 and Title XIX of the Social Security Act.                        storm chokes in oil and gas wells at water locations. Finally,
  HISTORICAL NOTE: Promulgated by the Department of                     the Emergency Rule provides for Commissioner of
Health and Hospitals, Office of the Secretary, Bureau of Health         Conservation       approved     exceptions    to   equipment
Services Financing, LR 32:1905 (October 2006), repromulgated LR
32:2267 (December 2006), amended by the Department of Health
                                                                        requirements on workover operations.
and Hospitals, Bureau of Health Services Financing, LR 37:                 Recognizing the potential advantages of expanding the
   Implementation of the provisions of this Rule may be                 operational and safety requirements for the drilling and
contingent upon the approval of the U.S. Department of                  completion of oil and gas wells at water locations within the
Health and Human Services, Centers for Medicare and                     state, it has been determined that failure to establish such
Medicaid Services (CMS), if it is determined that                       requirements in the form of an administrative rule may lead
submission to CMS for review and approval is required.                  to the existence of an imminent peril to the public health,
   Interested persons may submit written comments to Don                safety and welfare of the people of the state of Louisiana, as
Gregory, Bureau of Health Services Financing, P.O. Box                  well as the environment generally.
91030, Baton Rouge, LA 70821-9030. He is responsible for                   Protection of the public and our environment therefore
responding to inquiries regarding this Emergency Rule. A                requires the Commissioner of Conservation to take
copy of this Emergency Rule is available for review by                  immediate steps to assure that drilling and completion of oil
interested parties at parish Medicaid offices.                          and gas wells at water locations within the State are
                                                                        undertaken in accordance with all reasonable care and
                           Bruce D. Greenstein                          protection to the health, safety of the public, oil and gas
                           Secretary                                    personnel, and the environment generally.
1102#080                                                                   The effective date of the Emergency Rule, Amendment to
                                                                        Statewide Order No. 29-B (LAC 43:XIX.Chapter 2) and
           DECLARATION OF EMERGENCY                                     Statewide Order No. 29-B-a (LAC 43:XIX.Chapter 11)
                                                                        (Emergency Rule) set forth hereinafter is January 12, 2011.
            Department of Natural Resources                             The Emergency Rule shall remain in effect for 120 days
                Office of Conservation                                  after its effective date.
                                                                                                    Title 43
           Statewide Orders No. 29-B and 29-B-a                                            NATURAL RESOURCES
              (LAC 43:XIX.Chapters 2 and 11)                             Part XIX. Office of Conservation―General Operations
                                                                                     Subpart 1. Statewide Order No. 29-B
   Pursuant to the power delegated under the laws of the                Chapter 2.        Additional Requirements for Water
state of Louisiana, and particularly Title 30 of the Revised                              Locations
Statutes of 1950, as amended, and in conformity with the                §201. Applicability
provisions of the Louisiana Administrative Procedure Act,                  A. In addition to the requirements set forth in Chapter 1
Title 49, Sections 953(B)(1) and (2), 954(B)(2), as amended,            of this Subpart, all oil and gas wells being drilled or
the following Emergency Rule and reasons therefore are                  completed at a water location within the state and which are
now adopted and promulgated by the Commissioner of                      spud or on which workover operations commence on or after
Conservation as being necessary to protect the public health,           July 15, 2010 shall comply with this Chapter.
safety and welfare of the people of the state of Louisiana, as             B. Unless otherwise stated herein, nothing within this
well as the environment generally, by amending and                      Chapter shall alter the obligation of oil and gas operators to
expanding the drilling and completion operational and safety            meet the requirements of Chapter 1 of this Subpart.
requirements for wells drilled in search of oil and natural gas           AUTHORITY NOTE: Promulgated in accordance with R.S.
at water locations. The Emergency Rule signed by the                    30:4 et seq.
commissioner and effective December 9, 2010 is hereby                     HISTORICAL NOTE: Promulgated by the Department of
rescinded and replaced by the following Emergency Rule.                 Natural Resources, Office of Conservation, LR 37:
   The Emergency Rule is intended to provide greater                    §203. Application to Drill
protection to the public health, safety and welfare of the                A. In addition to the requirements set forth in Section
people of the State, as well as the environment generally by            103 of this Subpart, at the time of submittal of an application
adopting new operational and safety requirements for the                for permit to drill, the applicant will provide an electronic
drilling and completion of oil and gas wells at water                   copy on a disk of the associated drilling rig‘s Spill
locations. Specifically, the Emergency Rule creates a new               Prevention Control (SPC) plan that is required by DEQ
Chapter within Statewide Order No. 29-B (LAC                            pursuant to the provisions of Part IX of Title 33 of the
43:XIX.Chapter 2) to provide additional rules concerning                Louisiana Administrative Code or any successor rule. Such
the drilling and completion of oil and gas wells at water               plan shall become a part of the official well file. If the
locations, specifically providing for the following: rig                drilling rig to be used in drilling a permitted well changes
movement and reporting requirements, additional                         between the date of the application and the date of drilling,
                                                                        the applicant shall provide an electronic copy on a disk of
                                                                  460               Louisiana Register Vol. 37, No. 02 February 20, 2011
the SPC plan for the correct drilling rig within two business          magnitude to provide optimum well control while drilling
days of becoming aware of the change; but in no case shall             and to assure safe operations for the life of the well.
the updated SPC plan be submitted after spudding of the                   3. All tubulars and cement shall meet or exceed API
well.                                                                  standards. Cementing jobs shall be designed so that cement
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  composition, placement techniques, and waiting times
30:4 et seq.                                                           ensure that the cement placed behind the bottom 500 feet of
  HISTORICAL NOTE: Promulgated by the Department of                    casing attains a minimum compressive strength of 500 psi
Natural Resources, Office of Conservation, LR 37:                      before drilling out of the casing or before commencing
§204. Rig Movement and Reporting                                       completion operations.
   A. The operator must report the movement of all drilling               4. Centralizers
and workover rig units on and off locations to the                             a. Surface casing shall be centralized by means of
appropriate district manager with the rig name, well serial            placing centralizers in the following manner.
number and expected time of arrival and departure.                                i. A centralizer shall be placed on every third
   B. Drilling operations on a platform with producing                 joint from the shoe to surface, with two centralizers being
wells or other hydrocarbon flow must comply with the                   placed on each of the lowermost three joints of casing.
following.                                                                       ii. If conductor pipe is set, three centralizers shall
     1. An emergency shutdown station must be installed                be equally spaced on surface casing to fall within the
near the driller‘s console.                                            conductor pipe.
     2. All producible wells located in the affected wellbay                   b. Intermediate and production casing, and drilling
must be shut in below the surface and at the wellhead when:            and production liners shall be centralized by means of a
        a. a rig or related equipment is moved on and off a            centralizer placed every third joint from the shoe to top of
platform. This includes rigging up and rigging down                    cement. Additionally, two centralizers shall be placed on
activities within 500 feet of the affected platform;                   each of the lowermost three joints of casing.
        b. a drilling unit is moved or skid between wells on                   c. All centralizers shall meet API standards.
a platform;                                                                 5. A copy of the documentation furnished by the
        c. a mobile offshore drilling unit (MODU) moves                manufacturer, if new, or supplier, if reconditioned, which
within 500 feet of a platform.                                         certifies tubular condition, shall be provided with the Well
     3. Production may be resumed once the MODU is in                  History and Work Resume Report (Form WH-1).
place, secured, and ready to begin drilling operations.                   B. Conductor Pipe. A conductor pipe is that pipe
   C. The movement of rigs and related equipment on and                ordinarily used for the purpose of supporting unconsolidated
off a platform or from well to well on the same platform,              surface deposits. A conductor pipe shall be used during the
including rigging up and rigging down, shall be conducted in           drilling of any oil and gas well and shall be set at depth that
a safe manner. All wells in the same well-bay which are                allows use of a diverter system.
capable of producing hydrocarbons shall be shut in below                  C. Surface Casing
the surface with a pump-through-type tubing plug and at the                 1. Where no danger of pollution of the USDW exists,
surface with a closed master valve prior to moving well-               the minimum amount of surface or first-intermediate casing
completion rigs and related equipment, unless otherwise                to be set shall be determined from Table 1 hereof, except that
approved by the district manager. A closed surface-                    in no case shall less surface casing be set than an amount
controlled subsurface safety valve of the pump-through type            needed to protect the USDW unless an alternative method of
may be used in lieu of the pump-through-type tubing plug,              USDW protection is approved by the district manager.
provided that the surface control has been locked out of
operation. The well from which the rig or related equipment                                        Table 1
is to be moved shall also be equipped with a back-pressure                                                     Surface Casing Test
valve prior to removing the blowout preventer (BOP) system                 Total Depth of        Casing              Pressure
and installing the tree.                                                      Contact           Required         (lbs. per sq. in.)
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     0-2500              100                    300
30:4 et seq.                                                              2500-3000           150                    600
  HISTORICAL NOTE: Promulgated by the Department of                       3000-4000           300                    600
Natural Resources, Office of Conservation, LR 37:                         4000-5000           400                    600
                                                                          5000-6000           500                    750
§205. Casing Program                                                      6000-7000           800                   1000
  A. General Requirements                                                 7000-8000          1000                   1000
     1. The operator shall case and cement all wells with a               8000-9000          1400                   1000
sufficient number of strings of casing and quantity and                   9000-Deeper        1800                   1000
quality of cement in a manner necessary to prevent fluid
migration in the wellbore, protect the underground source of                  a. In known low-pressure areas, exceptions to the
drinking water (USDW) from contamination, support                      above may be granted by the commissioner or his agent. If,
unconsolidated sediments, and otherwise provide a means of             however, in the opinion of the commissioner, or his agent,
control of the formation pressures and fluids.                         the above regulations shall be found inadequate, and
     2. The operator shall install casing necessary to                 additional or lesser amount of surface casing and/or test
withstand collapse, bursting, tensile, and other stresses that         pressure shall be required for the purpose of safety and the
may be encountered and the well shall be cemented in a                 protection of the USDW.
manner which will anchor and support the casing. Safety
factors in casing program design shall be of sufficient
                                                                 461               Louisiana Register Vol. 37, No. 02 February 20, 2011
     2. Surface casing shall be cemented with a sufficient                       a. If at the end of 30 minutes the pressure gauge
volume of cement to insure cement returns to the surface.                shows a drop of 10 percent of the test pressure or more, the
     3. Surface casing shall be tested before drilling the               operator shall be required to take such corrective measures
plug by applying a minimum pump pressure as set forth in                 as will insure that casing is so set and cemented that it will
Table 1 after at least 200 feet of the mud-laden fluid has               hold said pressure for 30 minutes without a drop of more
been displaced with water at the top of the column. If at the            than 10 percent of the test pressure on the gauge.
end of 30 minutes the pressure gauge shows a drop of 10                       5. Cement shall be allowed to stand a minimum of 12
percent of test pressure as outlined in Table 1, the operator            hours under pressure and a minimum total of 24 hours
shall be required to take such corrective measures as will               before initiating pressure test. Under pressure is complied
insure that such surface casing will hold said pressure for 30           with if one or more float valves are employed and are shown
minutes without a drop of more than 10 percent of the test               to be holding the cement in place, or when other means of
pressure. The provisions of Paragraph E.7, below, for the                holding pressure is used. When an operator elects to
producing casing, shall also apply to the surface casing.                perforate and squeeze or to cement around the shoe, he may
     4. Cement shall be allowed to stand a minimum of 12                 proceed with such work after 12 hours have elapsed after
hours under pressure before initiating test or drilling plug.            placing the first cement.
Under pressure is complied with if one float valve is used or                 6. If the test is unsatisfactory, the operator shall not
if pressure is held otherwise.                                           proceed with the drilling of the well until a satisfactory test
   D. Intermediate Casing/Drilling Liner                                 has been obtained.
     1. Intermediate casing is that casing used as protection               E. Producing String
against caving of heaving formations or when other means                      1. Producing string, production casing or production
are not adequate for the purpose of segregating upper oil, gas           liner is that casing used for the purpose of segregating the
or water-bearing strata. Intermediate casing/drilling liner              horizon from which production is obtained and affording a
shall be set when required by abnormal pressure or other                 means of communication between such horizons and the
well conditions.                                                         surface.
     2. If an intermediate casing string is deemed necessary                  2. The producing string of casing shall consist of new
by the district manager for the prevention of underground                or reconditioned casing, tested at mill test pressure or as
waste, such regulations pertaining to a minimum setting                  otherwise designated by the Office of Conservation.
depth, quality of casing, and cementing and testing of sand,                  3. Cement shall be by the pump-and-plug method, or
shall be determined by the Office of Conservation after due              another method approved by the Office of Conservation.
hearing. The provisions of Paragraph E.7 below, for the                  Production casing/production liner shall be at minimum,
producing casing, shall also apply to the intermediate casing.           cemented in such a manner, at least 500 feet above all
     3. Intermediate casing/drilling liner shall be at                   known hydrocarbon bearing formations to insure isolation
minimum, cemented in such a manner, at least 500 feet                    and, if applicable, all abnormal pressure formations are
above all known hydrocarbon bearing formations to insure                 isolated from normal pressure formations, but in no case
isolation and, if applicable, all abnormal pressure formations           shall less cement be used than the amount necessary to fill
are isolated from normal pressure formations, but in no case             the casing/liner annulus to a point 500 feet above the shoe or
shall less cement be used than the amount necessary to fill              the top of the liner whichever is less. If a liner is used as a
the casing/liner annulus to a point 500 feet above the shoe or           producing string, the cement shall be tested by a fluid entry
the top of the liner whichever is less. If a liner is used as an         test (-0.5 ppg EMW) to determine whether a seal between
intermediate string, the cement shall be tested by a fluid               the liner top and next larger casing string has been achieved,
entry test (-0.5 ppg EMW) to determine whether a seal                    and the liner-lap point must be at least 300 feet above the
between the liner top and next larger casing string has been             previous casing shoe. The production liner (and liner-lap)
achieved, and the liner-lap point must be at least 300 feet              shall be tested to a pressure at least equal to the anticipated
above the previous casing shoe. The drilling liner (and liner-           pressure to which the liner will be subjected to during the
lap) shall be tested to a pressure at least equal to the                 formation-integrity test below that liner shoe, or subsequent
anticipated pressure to which the liner will be subjected to             liner shoes if set. Testing shall be in accordance with
during the formation-integrity test below that liner shoe, or            Subsection G below.
subsequent liner shoes if set. Testing shall be in accordance                 4. The amount of cement to be left remaining in the
with Subsection G below.                                                 casing, until the requirements of Paragraph 5 below have
     4. Before drilling the plug in the intermediate string of           been met, shall be not less than 20 feet. This shall be
casing, the casing shall be tested by pump pressure, as                  accomplished through the use of a float-collar, or other
determined from Table 2 hereof, after 200 feet of mud-laden              approved or practicable means, unless a full-hole cementer,
fluid in the casing has been displaced by water at the top of            or its equivalent, is used.
the column.                                                                   5. Cement shall be allowed to stand a minimum of 12
                                                                         hours under pressure and a minimum total of 24 hours
              Table 2. Intermediate Casing and Liner                     before initiating pressure test in the producing or oil string.
                                      Test Pressure                      Under pressure is complied with if one or more float valves
                 Depth Set           (lbs. per sq. in.)                  are employed and are shown to be holding the cement in
            2000-3000'                  800
                                                                         place, or when other means of holding pressure is used.
            3000-6000'                  1000
            6000-9000'                  1200                             When an operator elects to perforate and squeeze or to
            9000-and deeper             1500                             cement around the shoe, he may proceed with such work
                                                                         after 12 hours have elapsed after placing the first cement.

                                                                   462               Louisiana Register Vol. 37, No. 02 February 20, 2011
     6. Before drilling the plug in the producing string of              casing string. All test results must be recorded and hole-
casing, the casing shall be tested by pump pressure, as                  behavior observations made during the course of drilling
determined from Table 3 hereof, after 200 feet of mud-laden              related to formation integrity and pore pressure in the
fluid in the casing has been displaced by water at the top of            driller's report.
the column.                                                                      b. While drilling, a safe drilling margin must be
                                                                         maintained. When this safe margin cannot be maintained,
                     Table 3. Producing String                           drilling operations must be suspended until the situation is
                                      Test Pressure                      remedied.
                 Depth Set           (lbs. per sq. in.)                     H. Prolonged Drilling Operations
            2000-3000'                   800
                                                                              1. If wellbore operations continue for more than 30
            3000-6000'                  1000
            6000-9000'                  1200                             days within a casing string run to the surface.
             9000-and deeper            1500                                     a. Drilling operations must be stopped as soon as
                                                                         practicable, and the effects of the prolonged operations on
        a. If at the end of 30 minutes the pressure gauge                continued drilling operations and the life of the well
shows a drop of 10 percent of the test pressure or more, the             evaluated. At a minimum, the operator shall:
operator shall be required to take such corrective measures                          i. caliper or pressure test the casing; and
as will insure that the producing string of casing is so set and                    ii. report evaluation results to the district manager
cemented that it will hold said pressure for 30 minutes                  and obtain approval of those results before resuming
without a drop of more than 10 percent of the test pressure              operations.
on the gauge.                                                                    b. If casing integrity as determined by the
     7. If the commissioner's agent is not present at the                evaluation has deteriorated to a level below minimum safety
time designated by the operator for inspection of the casing             factors, the casing must be repaired or another casing string
tests of the producing string, the operator shall have such              run. Approval from the district manager shall be obtained
tests witnessed, preferably by an offset operator. An affidavit          prior to any casing repair activity.
of test, on the form prescribed by the district office, signed              I. Tubing and Completion
by the operator and witness, shall be furnished to the district               1. Well-completion operations means the work
office showing that the test conformed satisfactorily to the             conducted to establish the production of a well after the
above mentioned regulations before proceeding with the                   production-casing string has been set, cemented, and
completion. If test is satisfactory, normal operations may be            pressure-tested.
resumed immediately.                                                          2. Prior to engaging in well-completion operations,
     8. If the test is unsatisfactory, the operator shall not            crew members shall be instructed in the safety requirements
proceed with the completion of the well until a satisfactory             of the operations to be performed, possible hazards to be
test has been obtained.                                                  encountered, and general safety considerations to protect
   F. Cement Evaluation                                                  personnel, equipment, and the environment. Date and time
     1. Cement evaluation tests (cement bond or                          of safety meetings shall be recorded and available for review
temperature survey) shall be conducted for all casing and                by the Office of Conservation.
liners installed below surface casing to assure compliance                    3. When well-completion operations are conducted on
with Paragraphs D.3 and E.3 of this Section.                             a platform where there are other hydrocarbon-producing
     2. Remedial cementing operations that are required to               wells or other hydrocarbon flow, an emergency shutdown
achieve compliance with Paragraphs D.3 and E.3 of this                   system (ESD) manually controlled station shall be installed
Section shall be conducted following receipt of an approved              near the driller's console or well-servicing unit operator's
work permit from the district manager for the proposed                   work station.
operations.                                                                   4. No tubing string shall be placed in service or
     3. Cementing and wireline records demonstrating the                 continue to be used unless such tubing string has the
presence of the required cement tops shall be retained by the            necessary strength and pressure integrity and is otherwise
operator for a period of two years.                                      suitable for its intended use.
   G. Leak-off Tests                                                          5. A valve, or its equivalent, tested to a pressure of not
     1. A pressure integrity test must be conducted below                less than the calculated bottomhole pressure of the well,
the surface casing or liner and all intermediate casings or              shall be installed below any and all tubing outlet
liners. The district manager may require a pressure-integrity            connections.
test at the conductor casing shoe if warranted by local                       6. When a well develops a casing pressure, upon
geologic conditions or the planned casing setting depth.                 completion, equivalent to more than three-quarters of the
Each pressure integrity test must be conducted after drilling            internal pressure that will develop the minimum yield point
at least 10 feet but no more than 50 feet of new hole below              of the casing, such well shall be required by the district
the casing shoe and must be tested to either the formation               manager to be killed, and a tubing packer to be set so as to
leak-off pressure or to the anticipated equivalent drilling              keep such excessive pressure off of the casing.
fluid weight at the setting depth of the next casing string.                  7. Wellhead Connections. Wellhead connections shall
        a. The pressure integrity test and related hole-                 be tested prior to installation at a pressure indicated by the
behavior observations, such as pore-pressure test results,               district manager in conformance with conditions existing in
gas-cut drilling fluid, and well kicks must be used to adjust            areas in which they are used. Whenever such tests are made
the drilling fluid program and the setting depth of the next             in the field, they shall be witnessed by an agent of the Office
                                                                         of Conservation. Tubing and tubingheads shall be free from

                                                                   463               Louisiana Register Vol. 37, No. 02 February 20, 2011
obstructions in wells used for bottomhole pressure test                     5.     Recordkeeping Requirements
purposes.                                                                       a. Pressure and function tests are to be recorded in
     8. When the tree is installed, the wellhead shall be               the driller‘s report and certified (signed and dated) by the
equipped so that all annuli can be monitored for sustained              operator‘s representative.
pressure. If sustained casing pressure is observed on a well,                   b. The control station used during a function or
the operator shall immediately notify the district manager.             pressure test is to be recorded in the driller‘s report.
     9. Wellhead, tree, and related equipment shall have a                      c. Problems or irregularities during the tests are to
pressure rating greater than the shut-in tubing pressure and            be recorded along with actions taken to remedy same in the
shall be designed, installed, used, maintained, and tested so           driller‘s report.
as to achieve and maintain pressure control. New wells                          d. All reports pertaining to diverter function and/or
completed as flowing or gas-lift wells shall be equipped with           pressure tests are to be retained for inspection at the wellsite
a minimum of one master valve and one surface safety                    for the duration of drilling operations.
valve, installed above the master valve, in the vertical run of            C. BOP Systems. The operator shall specify and insure
the tree.                                                               that contractors design, install, use, maintain and test the
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   BOP system to ensure well control during drilling, workover
30:4 et seq.                                                            and all other appropriate operations. The surface BOP stack
  HISTORICAL NOTE: Promulgated by the Department of                     shall be installed before drilling below surface casing.
Natural Resources, Office of Conservation, LR 37:                            1. BOP system components for drilling activity
§207. Diverter Systems and Blowout Preventers                           located over a body of water shall be designed and utilized,
   A. Diverter System. A diverter system shall be required              as necessary, to control the well under all potential
when drilling surface hole in areas where drilling hazards are          conditions that might occur during the operations being
known or anticipated to exist. The district manager may, at             conducted and at minimum, shall include the following
his discretion, require the use of a diverter system on any             components:
well. In cases where it is required, a diverter system                          a. annular-type well control component;
consisting of a diverter sealing element, diverter lines, and                   b. hydraulically-operated blind rams;
control systems must be designed, installed, used,                              c. hydraulically-operated shear rams;
maintained, and tested to ensure proper diversion of gases,                     d. two sets of hydraulically-operated pipe rams.
water, drilling fluids, and other materials away from                        2. Drilling activity with a tapered drill string shall
facilities and personnel. The diverter system shall be                  require the installation of two or more sets of conventional
designed to incorporate the following elements and                      or variable-bore pipe rams in the BOP stack to provide, at
characteristics:                                                        minimum, two sets of rams capable of sealing around the
     1. dual diverter lines arranged to provide for                     larger-size drill string and one set of pipe rams capable of
maximum diversion capability;                                           sealing around the smaller-size drill string.
     2. at least two diverter control stations. One station                  3. A set of hydraulically-operated combination rams
shall be on the drilling floor. The other station shall be in a         may be used for the blind rams and shear rams.
readily accessible location away from the drilling floor;                    4. All connections used in the surface BOP system
     3. remote-controlled valves in the diverter lines. All             must be flanged, including the connections between the well
valves in the diverter system shall be full-opening.                    control stack and the first full-opening valve on the choke
Installation of manual or butterfly valves in any part of the           line and the kill line.
diverter system is prohibited;                                               5. The Commissioner of Conservation, following a
     4. minimize the number of turns in the diverter lines,             public hearing, may grant exceptions to the requirements of
maximize the radius of curvature of turns, and minimize or              Subsections C-J of this Section.
eliminate all right angles and sharp turns;                                D. BOP Working Pressure. The working pressure rating
     5. anchor and support systems to prevent whipping                  of any BOP component, excluding annular-type preventers,
and vibration;                                                          shall exceed the maximum anticipated surface pressure
     6. rigid piping for diverter lines. The use of flexible            (MASP) to which it may be subjected.
hoses with integral end couplings in lieu of rigid piping for              E. BOP Auxiliary Equipment. All BOP systems shall be
diverter lines shall be approved by the district manager.               equipped and provided with the following:
   B. Diverter Testing Requirements                                          1. a hydraulically actuated accumulator system which
     1. When the diverter system is installed, the diverter             shall provide 1.5 times volume of fluid capacity to close and
components including the sealing element, diverter valves,              hold closed all BOP components, with a minimum pressure
control systems, stations and vent lines shall be function and          of 200 psig above the pre-charge pressure without assistance
pressure tested.                                                        from a charging system;
     2. For drilling operations with a surface wellhead                      2. a backup to the primary accumulator-charging
configuration, the system shall be function tested at least             system, supplied by a power source independent from the
once every 24-hour period after the initial test.                       power source to the primary, which shall be sufficient to
     3. After nippling-up on conductor casing, the diverter             close all BOP components and hold them closed;
sealing element and diverter valves are to be pressure tested                3. accumulator regulators supplied by rig air without a
to a minimum of 200 psig. Subsequent pressure tests are to              secondary source of pneumatic supply shall be equipped
be conducted within seven days after the previous test.                 with manual overrides or other devices to ensure capability
     4. Function tests and pressure tests shall be alternated           of hydraulic operation if the rig air is lost;
between control stations.

                                                                  464               Louisiana Register Vol. 37, No. 02 February 20, 2011
     4. at least one operable remote BOP control station in             either control system is not functional, further operations
addition to the one on the drilling floor. This control station         shall be suspended until the nonfunctional, system is
shall be in a readily accessible location away from the                 operable. Exceptions may be granted by the district manager
drilling floor. If a BOP control station does not perform               in cases where a trip is scheduled to occur within 2 days
properly, operations shall be suspended until that station is           after the 14-day testing deadline;
operable;                                                                       d. before drilling out each string of casing or liner
     5. a drilling spool with side outlets, if side outlets are         (The district manager may require that a conservation
not provided in the body of the BOP stack, to provide for               enforcement specialist witness the test prior to drilling out
separate kill and choke lines;                                          each casing string or liner.);
     6. a kill line and a separate choke line are required.                     e. not more than 48 hours before a well is drilled to
Each line must be equipped with two full-opening valves                 a depth that is within 1000 feet of a hydrogen sulfide zone
and at least one of the valves must be remotely controlled.             (The district manager may require that a conservation
The choke line shall be installed above the bottom ram. A               enforcement specialist witness the test prior to drilling to a
manual valve must be used instead of the remotely                       depth that is within 1000 feet of a hydrogen sulfide zone.);
controlled valve on the kill line if a check valve is installed                 f. when the BOP tests are postponed due to well
between the two full-opening manual valves and the pump                 control problem(s), the BOP test is to be performed on the
or manifold. The valves must have a working pressure rating             first trip out of the hole, and reasons for postponing the
equal to or greater than the working pressure rating of the             testing are to be recorded in the driller‘s report.
connection to which they are attached, and must be installed                 3. Low pressure tests (200-300 psig) of the BOP
between the well control stack and the choke or kill line. For          system (choke manifold, Kelly valves, drill-string safety
operations with expected surface pressures greater than                 valves, etc.) are to be performed at the times and intervals
3,500 psi, the kill line must be connected to a pump or                 specified in LAC 43:XIX.207.F.2. in accordance with the
manifold. The kill line inlet on the BOP stack must not be              following provisions.
used for taking fluid returns from the wellbore;                                a. Test pressures are to be held for a minimum of
     7. a valve installed below the swivel (upper Kelly                 five minutes.
cock), essentially full-opening, and a similar valve installed                  b. Variable bore pipe rams are to be tested against
at the bottom of the Kelly (lower Kelly cock). An operator              the largest and smallest sizes of pipe in use, excluding drill
must be able to strip the lower Kelly cock through the BOP              collars and bottom hole assembly.
stack. A wrench to fit each valve shall be stored in a location                 c. Bonnet seals are to be tested before running the
readily accessible to the drilling crew. If drilling with a mud         casing when casing rams are installed in the BOP stack.
motor and utilizing drill pipe in lieu of a Kelly, you must                  4. High pressure tests of the BOP system are to be
install one Kelly valve above, and one strippable kelly valve           performed at the times and intervals specified in Paragraph
below the joint of pipe used in place of a Kelly. On a top-             F.2 of this Section in accordance with the following
drive system equipped with a remote-controlled valve, you               provisions.
must install a strippable Kelly-type valve below the remote-                    a. Test pressures are to be held for a minimum of
controlled valve;                                                       five minutes.
     8. an essentially full-opening drill-string safety valve                   b. Ram-type BOP‘s, choke manifolds, and
in the open position on the rig floor shall be available at all         associated equipment are to be tested to the rated working
times while drilling operations are being conducted. This               pressure of the equipment or 500 psi greater than the
valve shall be maintained on the rig floor to fit all                   calculated MASP for the applicable section of the hole.
connections that are in the drill string. A wrench to fit the                   c. Annular-type BOPs are to be tested to 70 percent
drill-string safety valve shall be stored in a location readily         of the rated working pressure of the equipment.
accessible to the drilling crew;                                             5. The annular and ram-type BOPs with the exception
     9. a safety valve shall be available on the rig floor              of the blind-shear rams are to be function tested every seven
assembled with the proper connection to fit the casing string           days between pressure tests. All BOP test records should be
being run in the hole;                                                  certified (signed and dated) by the operator‘s representative.
     10. locking devices installed on the ram-type                              a. Blind-shear rams are to be tested at all casing
preventers.                                                             points and at an interval not to exceed 30 days.
   F. BOP Maintenance and Testing Requirements                               6. If the BOP equipment does not hold the required
     1. The BOP system shall be visually inspected on a                 pressure during a test, the problem must be remedied and a
daily basis.                                                            retest of the affected component(s) performed. Additional
     2. Pressure tests (low and high pressure) of the BOP               BOP testing requirements:
system are to be conducted at the following times and                           a. use water to test the surface BOP system;
intervals:                                                                      b. if a control station is not functional, operations
        a. during a shop test prior to transport of the BOPs            shall be suspended until that station is operable;
to the drilling location. Shop tests are not required for                       c. test affected BOP components following the
equipment that is transported directly from one well location           disconnection or repair of any well-pressure containment
to another;                                                             seal in the wellhead or BOP stack assembly.
        b. immediately following installation of the BOPs;                 G. BOP Record Keeping. The time, date and results of
        c. within 14 days of the previous BOP pressure test,            pressure tests, function tests, and inspections of the BOP
alternating between control stations and at a staggered                 system are to be recorded in the driller‘s report. All pressure
interval to allow each crew to operate the equipment. If                tests shall be recorded on an analog chart or digital recorder.

                                                                  465               Louisiana Register Vol. 37, No. 02 February 20, 2011
All documents are to be retained for inspection at the                     HISTORICAL NOTE: Promulgated by the Department of
wellsite for the duration of drilling operations and are to be           Natural Resources, Office of Conservation, LR 37:
retained in the operator‘s files for a period of two years.              §209. Casing-Heads
   H. BOP Well Control Drills. Weekly well control drills                   A. All wells shall be equipped with casing-heads with a
with each drilling crew are to be conducted during a period              test pressure in conformance with conditions existing in
of activity that minimizes the risk to drilling operations. The          areas in which they are used. Casing-head body, as soon as
drills must cover a range of drilling operations, including              installed shall be equipped with proper connections and
drilling with a diverter (if applicable), on-bottom drilling,            valves accessible to the surface. Reconditioning shall be
and tripping. Each drill must be recorded in the driller‘s               required on any well showing pressure on the casing-head,
report and is to include the time required to close the BOP              or leaking gas or oil between the oil string and next larger
system, as well as, the total time to complete the entire drill.         size casing string, when, in the opinion of the district
   I. Well Control Safety Training. In order to ensure that              managers, such pressure or leakage assume hazardous
all drilling personnel understand and can properly perform               proportions or indicate the existence of underground waste.
their duties prior to drilling wells which are subject to the            Mud-laden fluid may be pumped between any two strings of
jurisdiction of the Office of Conservation, the operator shall           casing at the top of the hole, but no cement shall be used
require that contract drilling companies provide and/or                  except by special permission of the commissioner or his
implement the following:                                                 agent.
     1. periodic training for drilling contractor employees                AUTHORITY NOTE: Promulgated in accordance with R.S.
which ensures that employees maintain an understanding of,               30:4 et seq.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
and competency in, well control practices;
                                                                         Natural Resources, Office of Conservation, LR 36:
     2. procedures to verify adequate retention of the
                                                                         §211. Oil and Gas Well-Workover Operations
knowledge and skills that the contract drilling employees
                                                                            A. Definitions. When used in this Section, the following
need to perform their assigned well control duties.
                                                                         terms shall have the meanings given below.
   J. Well Control Operations
                                                                              Expected Surface Pressure―the highest pressure
     1. The operator must take necessary precautions to
                                                                         predicted to be exerted upon the surface of a well. In
keep wells under control at all times and must:
                                                                         calculating expected surface pressure, reservoir pressure as
        a. use the best available and safest drilling
                                                                         well as applied surface pressure must be considered.
technology to monitor and evaluate well conditions and to
                                                                              Routine Operations―any of the following operations
minimize the potential for the well to flow or kick;
                                                                         conducted on a well with the tree installed including cutting
        b. have a person onsite during drilling operations
                                                                         paraffin, removing and setting pump-through-type tubing
who represents the operators interests and can fulfill the
                                                                         plugs, gas-lift valves, and subsurface safety valves which
operators responsibilities;
                                                                         can be removed by wireline operations, bailing sand,
        c. ensure that the tool pusher, operator's
                                                                         pressure surveys, swabbing, scale or corrosion treatment,
representative, or a member of the drilling crew maintains
                                                                         caliper and gauge surveys, corrosion inhibitor treatment,
continuous surveillance on the rig floor from the beginning
                                                                         removing or replacing subsurface pumps, through-tubing
of drilling operations until the well is completed or
                                                                         logging, wireline fishing, and setting and retrieving other
abandoned, unless you have secured the well with blowout
                                                                         subsurface flow-control devices.
preventers (BOPs), bridge plugs, cement plugs, or packers;
                                                                              Workover Operations―the work conducted on wells
        d. use and maintain equipment and materials
                                                                         after the initial completion for the purpose of maintaining or
necessary to ensure the safety and protection of personnel,
                                                                         restoring the productivity of a well.
equipment, natural resources, and the environment.
                                                                            B. When well-workover operations are conducted on a
     2. Whenever drilling operations are interrupted, a
                                                                         well with the tree removed, an emergency shutdown system
downhole safety device must be installed, such as a cement
                                                                         (ESD) manually controlled station shall be installed near the
plug, bridge plug, or packer. The device must be installed at
                                                                         driller‘s console or well-servicing unit operator‘s work
an appropriate depth within a properly cemented casing
                                                                         station, except when there is no other hydrocarbon-
string or liner.
                                                                         producing well or other hydrocarbon flow on the platform.
        a. Among the events that may cause interruption to
                                                                            C. Prior to engaging in well-workover operations, crew
drilling operations are:
                                                                         members shall be instructed in the safety requirements of the
           i. evacuation of the drilling crew;
                                                                         operations to be performed, possible hazards to be
          ii. inability to keep the drilling rig on location; or
                                                                         encountered, and general safety considerations to protect
         iii. repair to major drilling or well-control
                                                                         personnel, equipment, and the environment. Date and time
equipment.
                                                                         of safety meetings shall be recorded and available for
     3. If the diverter or BOP stack is nippled down while
                                                                         review.
waiting on cement, it must be determined, before nippling
                                                                            D. Well-control fluids, equipment, and operations. The
down, when it will be safe to do so based on knowledge of
                                                                         following requirements apply during all well-workover
formation conditions, cement composition, effects of
                                                                         operations with the tree removed.
nippling down, presence of potential drilling hazards, well
                                                                              1. The minimum BOP-system components when the
conditions during drilling, cementing, and post cementing,
                                                                         expected surface pressure is less than or equal to 5,000 psi
as well as past experience.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         shall include one annular-type well control component, one
30:4 et seq.                                                             set of pipe rams, and one set of blind-shear rams. The shear


                                                                   466              Louisiana Register Vol. 37, No. 02 February 20, 2011
ram component of this requirement shall be effective for any                    b. hydraulically-operated blind rams;
workover operations initiated on or after January 1, 2011 and                   c. hydraulically-operated shear rams;
not before.                                                                     d. kill line inlet;
     2. The minimum BOP-system components when the                              e. hydraulically-operated two-way slip rams;
expected surface pressure is greater than 5,000 psi shall                       f. hydraulically-operated pipe rams;
include one annular-type well control component, two sets                       g. hydraulically-operated blind-shear rams. These
of pipe rams, and one set of blind-shear rams. The shear ram            rams should be located as close to the tree as practical.
component of this requirement shall be effective for any                      3. BOP system components must be in the following
workover operations initiated on or after January 1, 2011 and           order from the top down for wells with returns taken through
not before.                                                             an outlet on the BOP stack:
     3. BOP auxillary equipment in accordance with the                          a. stripper or annular-type well control component;
requirements of LAC 43:XIX.207.E.                                               b. hydraulically-operated blind rams;
     4. When coming out of the hole with drill pipe or a                        c. hydraulically-operated shear rams;
workover string, the annulus shall be filled with well-control                  d. kill line inlet;
fluid before the change in such fluid level decreases the                       e. hydraulically-operated two-way slip rams;
hydrostatic pressure 75 pounds per square inch (psi) or every                   f. hydraulically-operated pipe rams;
five stands of drill pipe or workover string, whichever gives                   g. a flow tee or cross;
a lower decrease in hydrostatic pressure. The number of                         h. hydraulically-operated pipe rams;
stands of drill pipe or workover string and drill collars that                  i. hydraulically-operated blind-shear rams on wells
may be pulled prior to filling the hole and the equivalent              with surface pressures less than or equal to 3,500 psi. As an
well-control fluid volume shall be calculated and posted near           option, the pipe rams can be placed below the blind-shear
the operator's station. A mechanical, volumetric, or                    rams. The blind-shear rams should be placed as close to the
electronic device for measuring the amount of well-control              tree as practical.
fluid required to fill the hold shall be utilized.                            4. A set of hydraulically-operated combination rams
     5. The following well-control-fluid equipment shall be             may be used for the blind rams and shear rams.
installed, maintained, and utilized:                                          5. A set of hydraulically-operated combination rams
        a. a fill-up line above the uppermost BOP;                      may be used for the hydraulic two-way slip rams and the
        b. a well-control, fluid-volume measuring device                hydraulically-operated pipe rams.
for determining fluid volumes when filling the hole on trips;                 6. A dual check valve assembly must be attached to
and                                                                     the coiled tubing connector at the downhole end of the
        c. a recording mud-pit-level indicator to determine             coiled tubing string for all coiled tubing well-workover
mud-pit-volume gains and losses. This indicator shall                   operations. To conduct operations without a downhole check
include both a visual and an audible warning device.                    valve, it must be approved by the district manager.
   E. The minimum BOP-system components for well-                             7. A kill line and a separate choke line are required.
workover operations with the tree in place and performed                Each line must be equipped with two full-opening valves
through the wellhead inside of conventional tubing using                and at least one of the valves must be remotely controlled. A
small-diameter jointed pipe (usually 3/4 inch to 1 1/4 inch)            manual valve must be used instead of the remotely
as a work string, i.e., small-tubing operations, shall include          controlled valve on the kill line if a check valve is installed
two sets of pipe rams, and one set of blind rams.                       between the two full-opening manual valves and the pump
     1. An essentially full-opening work-string safety valve            or manifold. The valves must have a working pressure rating
in the open position on the rig floor shall be available at all         equal to or greater than the working pressure rating of the
times while well-workover operations are being conducted.               connection to which they are attached, and must be installed
This valve shall be maintained on the rig floor to fit all              between the well control stack and the choke or kill line. For
connections that are in the work string. A wrench to fit the            operations with expected surface pressures greater than
work-string safety valve shall be stored in a location readily          3,500 psi, the kill line must be connected to a pump or
accessible to the workover crew.                                        manifold. The kill line inlet on the BOP stack must not be
   F. For coiled tubing operations with the production tree             used for taking fluid returns from the wellbore.
in place, you must meet the following minimum                                 8. The hydraulic-actuating system must provide
requirements for the BOP system.                                        sufficient accumulator capacity to close-open-close each
     1. BOP system components must be in the following                  component in the BOP stack. This cycle must be completed
order from the top down when expected surface pressures                 with at least 200 psi above the pre-charge pressure without
are less than or equal to 3,500 psi:                                    assistance from a charging system.
        a. stripper or annular-type well control component;                   9. All connections used in the surface BOP system
        b. hydraulically-operated blind rams;                           from the tree to the uppermost required ram must be flanged,
        c. hydraulically-operated shear rams;                           including the connections between the well control stack and
        d. kill line inlet;                                             the first full-opening valve on the choke line and the kill
        e. hydraulically operated two-way slip rams;                    line.
        f. hydraulically operated pipe rams.                                  10. The coiled tubing connector must be tested to a low
     2. BOP system components must be in the following                  pressure of 200 to 300 psi, followed by a high pressure test
order from the top down when expected surface pressures                 to the rated working pressure of the connector or the
are greater than 3,500 psi:                                             expected surface pressure, whichever is less. The dual check
        a. stripper or annular-type well control component;             valves must be successfully pressure tested to the rated

                                                                  467               Louisiana Register Vol. 37, No. 02 February 20, 2011
working pressure of the connector, the rated working                          1. A diesel engine that is not continuously manned,
pressure of the dual check valve, expected surface pressure,             must be equipped with an automatic shutdown device.
or the collapse pressure of the coiled tubing, whichever is                   2. A diesel engine that is continuously manned, may
less.                                                                    be equipped with either an automatic or remote manual air
   G. The minimum BOP-system components for well-                        intake shutdown device.
workover operations with the tree in place and performed by                   3. A diesel engine does not have to be equipped with
moving tubing or drill pipe in or out of a well under pressure           an air intake device if it meets one of the following criteria:
utilizing equipment specifically designed for that purpose,                      a. starts a larger engine;
i.e., snubbing operations, shall include the following:                          b. powers a firewater pump;
      1. one set of pipe rams hydraulically operated; and                        c. powers an emergency generator;
      2. two sets of stripper-type pipe rams hydraulically                       d. powers a BOP accumulator system;
operated with spacer spool.                                                      e. provides air supply to divers or confined entry
   H. Test pressures must be recorded during BOP and                     personnel;
coiled tubing tests on a pressure chart, or with a digital                       f. powers temporary equipment on a nonproducing
recorder, unless otherwise approved by the district manager.             platform;
The test interval for each BOP system component must be 5                        g. powers an escape capsule; or
minutes, except for coiled tubing operations, which must                         h. powers a portable single-cylinder rig washer.
include a 10 minute high-pressure test for the coiled tubing               AUTHORITY NOTE: Promulgated in accordance with R.S.
string.                                                                  30:4 et seq.
   I. Wireline Operations. The operator shall comply with                  HISTORICAL NOTE: Promulgated by the Department of
the following requirements during routine, as defined in                 Natural Resources, Office of Conservation, LR 37:
Subsection A of this Section, and nonroutine wireline                    §215. Drilling Fluids
workover operations:                                                        A. The inspectors and engineers of the Office of
      1. Wireline operations shall be conducted so as to                 Conservation shall have access to the mud records of any
minimize leakage of well fluids. Any leakage that does occur             drilling well, except those records which pertain to special
shall be contained to prevent pollution.                                 muds and special work with respect to patentable rights, and
      2. All wireline perforating operations and all other               shall be allowed to conduct any essential test or tests on the
wireline operations where communication exists between the               mud used in the drilling of a well. When the conditions and
completed hydrocarbon-bearing zone(s) and the wellbore                   tests indicate a need for a change in the mud or drilling fluid
shall use a lubricator assembly containing at least one                  program in order to insure proper control of the well, the
wireline valve.                                                          district manager shall require the operator or company to use
      3. When the lubricator is initially installed on the well,         due diligence in correcting any objectionable conditions.
it shall be successfully pressure tested to the expected shut-              B. Well-control fluids, equipment, and operations shall
in surface pressure.                                                     be designed, utilized, maintained, and/or tested as necessary
   J. Following completion of the well-workover activity,                to control the well in foreseeable conditions and
all such records shall be retained by the operator for a period          circumstances.
of two years.                                                               C. The well shall be continuously monitored during all
   K. An essentially full-opening work-string safety valve               operations and shall not be left unattended at any time unless
in the open position on the rig floor shall be available at all          the well is shut in and secured.
times while well-workover operations are being conducted.                   D. The following well-control-fluid equipment shall be
This valve shall be maintained on the rig floor to fit all               installed, maintained, and utilized:
connections that are in the work string. A wrench to fit the                  1. a fill-up line above the uppermost BOP;
work-string safety valve shall be stored in a location readily                2. a well-control, fluid-volume measuring device for
accessible to the workover crew.                                         determining fluid volumes when filling the hole on trips; and
   L. The commissioner may grant an exception to any                          3. a recording mud-pit-level indicator to determine
provision of this section that requires specific equipment               mud-pit-volume gains and losses. This indicator shall
upon proof of good cause. For consideration of an exception,             include both a visual and an audible warning device.
the operator must show proof of the unavailability of                       E. Safe Practices
properly sized equipment and demonstrate that anticipated                     1. Before starting out of the hole with drill pipe, the
surface pressures minimize the potential for a loss of well              drilling fluid must be properly conditioned. A volume of
control during the proposed operations. All exception                    drilling fluid equal to the annular volume must be circulated
requests must be made in writing to the commissioner and                 with the drill pipe just off-bottom. This practice may be
include documentation of any available evidence supporting               omitted if documentation in the driller's report shows:
the request.                                                                     a. no indication of formation fluid influx before
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    starting to pull the drill pipe from the hole;
30:4 et seq.                                                                     b. the weight of returning drilling fluid is within 0.2
  HISTORICAL NOTE: Promulgated by the Department of                      pounds per gallon of the drilling fluid entering the hole;.
Natural Resources, Office of Conservation, LR 37:                             2. Record each time drilling fluid is circulated in the
§213. Diesel Engine Safety Requirements                                  hole in the driller‘s report.
  A. On or after January 1, 2011, each diesel engine with                     3. When coming out of the hole with drill pipe, the
an air take device must be equipped to shut down the diesel              annulus must be filled with drilling fluid before the
engine in the event of a runaway.                                        hydrostatic pressure decreases by 75 psi, or every five stands

                                                                   468               Louisiana Register Vol. 37, No. 02 February 20, 2011
of drill pipe, whichever gives a lower decrease in hydrostatic            fluid-logging compartment or on the rig floor. If the
pressure. The number of stands of drill pipe and drill collars            indicators are only in the logging compartment, you must
that may be pulled must be calculated before the hole is                  continually man the equipment and have a means of
filled. Both sets of numbers must be posted near the driller's            immediate communication with the rig floor. If the
station. A mechanical, volumetric, or electronic device must              indicators are on the rig floor only, an audible alarm must be
be used to measure the drilling fluid required to fill the hole.          installed.
     4. Controlled rates must be used to run and pull drill                  G. Drilling Fluid Quantities
pipe and downhole tools so as not to swab or surge the well.                   1. Quantities of drilling fluid and drilling fluid
     5. When there is an indication of swabbing or influx                 materials must be maintained and replenished at the drill site
of formation fluids, appropriate measures must be taken to                as necessary to ensure well control. These quantities must be
control the well. Circulate and condition the well, on or near-           determined based on known or anticipated drilling
bottom, unless well or drilling-fluid conditions prevent                  conditions, rig storage capacity, weather conditions, and
running the drill pipe back to the bottom.                                estimated time for delivery.
     6. The maximum pressures must be calculated and                           2. The daily inventories of drilling fluid and drilling
posted near the driller's console that you may safely contain             fluid materials must be recorded, including weight materials
under a shut-in BOP for each casing string. The pressures                 and additives in the drilling fluid report.
posted must consider the surface pressure at which the                         3. If there are not sufficient quantities of drilling fluid
formation at the shoe would break down, the rated working                 and drilling fluid material to maintain well control, the
pressure of the BOP stack, and 70 percent of casing burst (or             drilling operations must be suspended.
casing test as approved by the district manager). As a                       H. Drilling Fluid-Handling Areas
minimum, you must post the following two pressures:                            1. Drilling fluid-handling areas must be classified
        a. the surface pressure at which the shoe would                   according to API RP 500, Recommended Practice for
break down. This calculation must consider the current                    Classification of Locations for Electrical Installations at
drilling fluid weight in the hole; and                                    Petroleum Facilities, Classified as Class I, Division 1 and
        b. the lesser of the BOP's rated working pressure or              Division 2 or API RP 505, Recommended Practice for
70 percent of casing-burst pressure (or casing test otherwise             Classification of Locations for Electrical Installations at
approved by the district manager).                                        Petroleum Facilities, Classified as Class 1, Zone 0, Zone 1,
     7. An operable drilling fluid-gas separator and                      and Zone 2. In areas where dangerous concentrations of
degasser must be installed before you begin drilling                      combustible gas may accumulate. A ventilation system and
operations. This equipment must be maintained throughout                  gas monitors must be installed and maintained. Drilling
the drilling of the well.                                                 fluid-handling areas must have the following safety
     8. The test fluids in the hole must be circulated or                 equipment:
reverse circulated before pulling drill-stem test tools from                      a. a ventilation system capable of replacing the air
the hole. If circulating out test fluids is not feasible, with an         once every 5 minutes or 1.0 cubic feet of air-volume flow
appropriate kill weight fluid test fluids may be bullhead out             per minute, per square foot of area, whichever is greater. In
of the drill-stem test string and tools.                                  addition:
     9. When circulating, the drilling fluid must be tested                          i. if natural means provide adequate ventilation,
at least once each work shift or more frequently if conditions            then a mechanical ventilation system is not necessary;
warrant. The tests must conform to industry-accepted                                ii. if a mechanical system does not run
practices and include density, viscosity, and gel strength;               continuously, then it must activate when gas detectors
hydrogen ion concentration; filtration; and any other tests               indicate the presence of 1 percent or more of combustible
the district manager requires for monitoring and maintaining              gas by volume; and
drilling fluid quality, prevention of downhole equipment                           iii. if discharges from a mechanical ventilation
problems and for kick detection. The test results must be                 system may be hazardous, the drilling fluid-handling area
recorded in the drilling fluid report.                                    must be maintained at a negative pressure. The negative
   F. Monitoring Drilling Fluids                                          pressure area must be protected by using at least one of the
     1. Once drilling fluid returns are established, the                  following: a pressure-sensitive alarm, open-door alarms on
following drilling fluid-system monitoring equipment must                 each access to the area, automatic door-closing devices, air
be installed throughout subsequent drilling operations. This              locks, or other devices approved by the district manager;
equipment must have the following indicators on the rig                           b. gas detectors and alarms except in open areas
floor:                                                                    where adequate ventilation is provided by natural means.
        a. pit level indicator to determine drilling fluid-pit            Gas detectors must be tested and recalibrated quarterly. No
volume gains and losses. This indicator must include both a               more than 90 days may elapse between tests;
visual and an audible warning device;                                             c. explosion-proof or          pressurized    electrical
        b. volume measuring device to accurately determine                equipment to prevent the ignition of explosive gases. Where
drilling fluid volumes required to fill the hole on trips;                air is used for pressuring equipment, the air intake must be
        c. return indicator devices that indicate the                     located outside of and as far as practicable from hazardous
relationship between drilling fluid-return flow rate and pump             areas; and
discharge rate. This indicator must include both a visual and                     d. alarms that activate when the mechanical
an audible warning device; and                                            ventilation system fails.
        d. gas-detecting equipment to monitor the drilling                  AUTHORITY NOTE: Promulgated in accordance with R.S.
fluid returns. The indicator may be located in the drilling               30:4 et seq.

                                                                    469               Louisiana Register Vol. 37, No. 02 February 20, 2011
  HISTORICAL NOTE: Promulgated by the Department of                    taken while the well is open to flow. During testing and
Natural Resources, Office of Conservation, LR 37:                      inspection procedures, the well shall not be left unattended
         Subpart 4. Statewide Order No. 29-B-a                         while open to production unless a properly operating
Chapter 11.    Required Use of Storm Chokes                            subsurface-safety device has been installed in the well.
§1101. Scope                                                                3. The well shall not be open to flow while the SSSV
  A. Order establishing rules and regulations concerning               is removed, except when flowing of the well is necessary for
the required use of storm chokes to prevent blowouts or                a particular operation such as cutting paraffin, bailing sand,
uncontrolled flow in the case of damage to surface                     or similar operations.
equipment.                                                                  4. All SSSV's must be inspected, installed, used,
   AUTHORITY NOTE: Promulgated in accordance with Act                  maintained, and tested in accordance with American
157 of the Legislature of 1940.                                        Petroleum Institute         Recommended        Practice 14B,
   HISTORICAL NOTE: Adopted by the Department of                       Recommended Practice for Design, Installation, Repair, and
Conservation, March 15, 1946, amended March 1, 1961, amended           Operation of Subsurface Safety Valve Systems.
and promulgated by the Department of Natural Resources, Office
                                                                          C. Temporary Removal for Routine Operations
of Conservation, LR 20:1127 (October 1994), LR 37:
                                                                            1. Each wireline or pumpdown-retrievable SSSV may
§1103. Applicability
                                                                       be removed, without further authorization or notice, for a
  A. All wells capable of flow with a surface pressure in
                                                                       routine operation which does not require the approval of
excess of 100 pounds, falling within the following
                                                                       Form DM-4R.
categories, shall be equipped with storm chokes:
                                                                            2. The well shall be identified by a sign on the
     1. any locations inaccessible during periods of storm
                                                                       wellhead stating that the SSSV has been removed. If the
and/or floods, including spillways;
                                                                       master valve is open, a trained person shall be in the
     2. located in bodies of water being actively navigated;
                                                                       immediate vicinity of the well to attend the well so that
     3. located in wildlife refuges and/or game preserves;
                                                                       emergency actions may be taken, if necessary.
     4. located within 660 feet of railroads, ship channels,
                                                                            3. A platform well shall be monitored, but a person
and other actively navigated bodies of water;
                                                                       need not remain in the well-bay area continuously if the
     5. located within 660 feet of state and federal
                                                                       master valve is closed. If the well is on a satellite structure, it
highways in southeast Louisiana, in that area east of a north-
                                                                       must be attended or a pump-through plug installed in the
south line drawn through New Iberia and south of an east-
                                                                       tubing at least 100 feet below the mud line and the master
west line through Opelousas;
                                                                       valve closed, unless otherwise approved by the district
     6. located within 660 feet of state and federal
                                                                       manager.
highways in northeast Louisiana, in that area bounded on the
                                                                            4. Each operator shall maintain records indicating the
west by the Ouachita River, on the north by the Arkansas-
                                                                       date a SSSV is removed, the reason for its removal, and the
Louisiana line, on the east by the Mississippi River, and on
                                                                       date it is reinstalled.
the south by the Black and Red Rivers;
                                                                          D. Emergency Action. In the event of an emergency,
     7. located within 660 feet of the following highways:
                                                                       such as an impending storm, any well not equipped with a
       a. U.S. Highway 71 between Alexandria and Krotz
                                                                       subsurface safety device and which is capable of natural
Springs;
                                                                       flow shall have the device properly installed as soon as
       b. U.S. Highway 190 between Opelousas and Krotz
                                                                       possible with due consideration being given to personnel
Springs;
                                                                       safety.
       c. U.S. Highway 90 between Lake Charles and the
                                                                          E. Design and Operation
Sabine River;
     8. located within the corporate limits of any city,                  1. All SSSVs must be inspected, installed,
town, village, or other municipality.                                  maintained, and tested in accordance with API RP 14B,
  AUTHORITY NOTE: Promulgated in accordance with Act                   Recommended Practice for Design, Installation, Repair, and
157 of the Legislature of 1940.                                        Operation of Subsurface Safety Valve Systems.
  HISTORICAL NOTE: Adopted by the Department of                             2. Testing requirements. Each SSSV installed in a well
Conservation, March 15, 1946, amended March 1, 1961, amended           shall be removed, inspected, and repaired or adjusted, as
and promulgated by Department of Natural Resources, Office of
                                                                       necessary, and reinstalled or replaced at intervals not
Conservation, LR 20:1128 (October 1994), LR 37:
                                                                       exceeding 6 months for those valves not installed in a
§1104. General Requirements for Storm Choke Use at
                                                                       landing nipple and 12 months for those valves installed in a
          Water Locations
                                                                       landing nipple.
   A. This Section only applies to oil and gas wells at water
                                                                            3. Records must be retained for a period of 2 years for
locations.
                                                                       each safety device installed.
   B. A subsurface safety valve (SSSV) shall be designed,                AUTHORITY NOTE: Promulgated in accordance with Act
installed, used, maintained, and tested to ensure reliable             157 of the Legislature of 1940.
operation.                                                               HISTORICAL NOTE: Promulgated by the Department of
     1. The device shall be installed at a depth of 100 feet           Natural Resources, Office of Conservation, LR 37:
or more below the seafloor within two days after production            §1105. Waivers
is established.                                                          A. Onshore Wells. Where the use of storm chokes would
     2. Until a SSSV is installed, the well shall be attended          unduly interfere with normal operation of a well, the district
in the immediate vicinity so that emergency actions may be             manager may, upon submission of pertinent data, in writing,
                                                                       waive the requirements of this order.


                                                                 470               Louisiana Register Vol. 37, No. 02 February 20, 2011
   B. Offshore Wells                                                                              Title 55
     1. The district manager, upon submission of pertinent                                  PUBLIC SAFETY
data, in writing explaining the efforts made to overcome the           Chapter 27. Collection, Submission, Receipt,
particular difficulties encountered, may waive the use of a                             Identification, Storage and Disposal of
subsurface safety valve under the following circumstances,                              DNA Samples
and may, in his discretion, require in lieu thereof a surface          Subchapter A. Collection of DNA Samples
safety valve:                                                          §2702. Definitions
       a. where sand is produced to such an extent or in                  AFIS―the Automated Fingerprint Identification System
such a manner as to tend to plug the tubing or make                    operated by the Department of Public Safety and
inoperative the subsurface safety valve;                               Corrections, Public Safety Services.
       b. when the flowing pressure of the well is in excess              CAJUN―the Corrections and Justice Unified Network
of 100 psi but is inadequate to activate the subsurface safety         operated by the Department of Public Safety and
valve;                                                                 Corrections.
       c. where flow rate fluctuations or water production                CODIS or Combined DNA Index System―the Federal
difficulties are so severe that the subsurface safety valve            Bureau of Investigation's national DNA identification index
would prevent the well from producing at its allowable rate;           system which facilitates the storage and exchange of DNA
       d. where mechanical well conditions do not permit               records submitted by state and local criminal justice and law
the installation of a subsurface safety valve;                         enforcement agencies.
       e. in such other cases as the district manager may                 Crime Laboratory―Louisiana State Police Crime
deem necessary to grant an exception.                                  Laboratory of the Department of Public Safety and
  AUTHORITY NOTE: Promulgated in accordance with Act                   Corrections, Public Safety Services.
157 of the Legislature of 1940.                                           Convicted Offender―a person convicted of a felony sex
  HISTORICAL NOTE: Adopted by the Department of                        offense, other specified offense or any other offense for
Conservation, March 1, 1961, amended March 15, 1961, amended
                                                                       which a DNA sample must be obtained pursuant to R.S.
and promulgated by Department of Natural Resources, Office of
Conservation, LR 20:1128 (October 1994), LR 37:                        15:601 et seq.
                                                                          Department―Department of Public Safety and
                           James H. Welsh                              Corrections, Public Safety Services.
                           Commissioner                                   Director―the Director of the Louisiana State Police
1102#003                                                               Crime Laboratory.
                                                                          DNA―deoxyribonucleic acid.
           DECLARATION OF EMERGENCY                                       DNA Analysis―DNA typing tests that generate numerical
                                                                       identification information and are obtained from a DNA
      Department of Public Safety and Corrections                      sample.
                Office of State Police                                    DNA Database―the DNA identification record system
                                                                       maintained and administered by the director.
Collection, Submission, Receipt, Identification, Storage and              DNA Database Blood Collection Kit ―the kit approved
    Disposal of DNA Samples (LAC 55:1.Chapter 27)                      by the department for the collection of DNA blood samples.
                                                                          DNA Database Buccal Collection Kit – the kit approved
  The Louisiana Department of Public Safety and                        by the department for the collection of DNA saliva samples.
Corrections, Office of State Police hereby adopts the                     DNA Database Information Card (DDIC) – the
following Emergency Rule governing the implementation of               information card which provides identifying information of
Act 12 of the 2005 First Extraordinary Session, R.S.                   the offender when a non-livescan collection is performed.
40:1730.21et.seq. This Rule is being adopted in accordance                DNA Record―DNA information that is derived from a
with Emergency Rule provisions of R.S. 49:953(B) of the                DNA sample and DNA analysis and is stored in the state
Administrative Procedure Act. This Emergency Rule                      DNA database or in CODIS, including all records pertaining
becomes effective on the date of the signature by the                  to DNA analysis.
authorized representative of the Louisiana Department of                  DNA Sample―biological evidence of any nature that is
Public Safety and Corrections, Office of State Police                  utilized to conduct DNA analysis.
(February 8, 2011) and shall remain in effect for the                     DPS&C―Department of Public Safety and Corrections.
maximum period allowed by the APA, which is 120 days.                     FBI―Federal Bureau of Investigation within the United
  In anticipation of rule changes allowing for the use of              States Department of Justice.
DNA Database Buccal Collection Kits, the Louisiana State                  FTA―specialized paper that binds DNA.
Police Crime Lab is exhausting its stock of DNA Database                 AUTHORITY NOTE: Promulgated in accordance with R.S.
Blood Collection Kits. As a result, DNA Database Buccal                15:611.
Collection Kits may also be used to obtain DNA samples                   HISTORICAL NOTE: Promulgated by the Department of
pending finalization of proposed rules. Immediate adoption             Public Safety and Corrections, Office of State Police, LR 27:205
of these rules will facilitate the taking of DNA samples as            (February 2001), repromulgated LR 27:1701 (October 2001),
                                                                       amended LR 37:
well as increase the safety to the lab technicians that are
collecting the DNA samples.




                                                                 471               Louisiana Register Vol. 37, No. 02 February 20, 2011
§2703. Collection, Submission, and Identification of                          i. In the event a convicted offender resists the
           DNA Samples for Convicted Offenders                         taking of the DNA sample and the collector may use
   A. All DNA samples obtained for DNA Analysis from a                 reasonable force in accordance with R.S. 15:601-620, the
convicted offender shall be collected using an approved                collector may collect any type of biological sample approved
Louisiana State Police Crime Laboratory DNA Database                   by the Louisiana State Police Crime Laboratory. The
Collection kit. Procedures are specific to the type of sample          following types of biological sample collections are hereby
being collected. A different kit is used for blood collection          approved for these instances:
and buccal collection.                                                            i. blood stain from finger prick on FTA card;
     1. Each DNA Database Collection Kit shall contain all                       ii. buccal swab;
necessary materials for collection and for proper                               iii. phlebotomy draw.
identification of the offender.                                             6. Buccal (saliva) samples shall be obtained using an
     2. Each kit shall be numbered sequentially from one               approved buccal collection kit, in accordance with the
kit to the next so that each number shall serve as a unique            guidelines detailed in Subchapter B: 2722.
identifier. Kit components shall have the same number.                   AUTHORITY NOTE: Promulgated in accordance with R.S.
     3. All DNA samples shall be collected by individuals              15:611.
trained and approved to serve as collectors by the Louisiana             HISTORICAL NOTE: Promulgated by the Department of
                                                                       Public Safety and Corrections, Office of State Police, LR 27:206
State Police Crime Laboratory.
                                                                       (February 2001), repromulgated LR 27:1702 (October 2001),
     4. The collector shall complete the DDIC (for non-                amended LR 30:271 (February 2004), amended LR 37:
livescan collections), which contains the identifying                  §2704. Shipping of DNA Samples for Convicted
information of the collected offender when obtaining a                          Offenders
sample. All information shall be provided. Printed name,                 A. DNA samples collected in accordance with these
date and signature of the person collecting the sample is              procedures shall be submitted to the crime laboratory in
required. A fingerprint is obtained as positive identification         person by approved personnel or via delivery service, such
of the offender. Samples submitted with incomplete                     as U.S. mail in accordance with the Crime Laboratory's
information may require recollection.                                  policies and procedures. The mailing envelope shall be
     5. Finger stick blood samples shall be obtained using             mailed or delivered to the crime laboratory after collection to
recognized and approved medical procedures, and the                    the following address.
following guidelines shall be followed.
                                                                            Louisiana State Police Crime Laboratory
        a. Prior to each individual blood collection
                                                                            376 East Airport Drive
procedure, personnel performing the collection shall put on
                                                                            Baton Rouge, LA 70806
barrier gloves. The FTA Blood Collection Paper contained
                                                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
within the kit shall not be touched unless the individual              15:611.
collecting the offender's blood is wearing barrier gloves.                HISTORICAL NOTE: Promulgated by the Department of
        b. The tip of the offender's finger shall be wiped             Public Safety, Office of State Police, LR 27:207 (February 2001),
with an absorbent alcohol pad.                                         repromulgated LR 27:1702 (October 2001), amended LR 37:
        c. The offender's finger shall be pricked using a              §2705. Record Keeping of DNA Samples for Convicted
sterile, fixed depth lancet.                                                     Offenders
        d. The offender's finger shall be positioned over one             A. The individual who collects each DNA sample shall
of the four circles printed on the FTA Blood Collection                provide an accurate, up-to-date list of every DNA sample
Paper, allowing two drops of blood to fall onto the FTA                collected each day of collection. Any failed attempts to
paper, within the circle. If the blood is not flowing, the             collect blood from an offender and the reason for the failure
finger may be squeezed and then released to facilitate blood           (e.g., refusal of offender to submit, failure to keep scheduled
flow adequate to yield two drops of blood in each circle.              appointment) shall also be indicated. The list will include the
Repeat to collect sample in all circles.                               following information: the kit number, the offender's name,
        e. A sterile gauze pad shall be used to wipe off any           the name of the person collecting the sample and the
remaining blood from the offender's finger, and an adhesive            submitting agency together with any additional data which
bandage shall be affixed to the offender's finger.                     the director deems necessary. This information shall be
        f. All medical supplies (lancet, absorbent alcohol             mailed to the CODIS DNA Unit to the following address.
pad, gauze pad, barrier gloves) shall be discarded in                       Louisiana State Police Crime Laboratory
compliance with standard medical procedures.                                376 East Airport Drive
        g. The FTA Blood Collection Paper shall not be                      Baton Rouge, LA 70806
touched, nor shall it be allowed to come in contact with any             AUTHORITY NOTE: Promulgated in accordance with R.S.
other FTA Blood Collection Paper during the drying and                 15:611.
packaging stages.                                                        HISTORICAL NOTE: Promulgated by the Department of
        h. The FTA Blood Collection Paper shall be placed              Public Safety and Corrections, Office of State Police, LR 27:207
in the plastic specimen bag, along with the dessicant. The             (February 2001), repromulgated LR 27:1703 (October 2001),
sealed plastic specimen bag shall be stapled to the DDIC,              amended LR 30:271 (February 2004), LR 37:
which shall then be placed in the white mailing envelope.              §2706. Storage of DNA Samples for Convicted
The mailing envelope flap shall be sealed and an evidence or                   Offenders
security label shall then be placed across the envelope flap.             A. The sealed kits containing DNA samples shall be
The label shall be dated and initialed.                                stored in a dedicated storage area within the crime


                                                                 472               Louisiana Register Vol. 37, No. 02 February 20, 2011
laboratory. Access to the sealed kits and to the storage area                  2. Each kit shall be numbered sequentially from one
shall be limited to authorized personnel. Any access to or                kit to the next so that each kit number shall serve as a unique
removal/return of the sealed kit or specimen bags shall be                identifier. Kit components shall have the same number.
performed in accordance with crime lab policies and                            3. All biological samples shall be collected by
procedures. Only authorized personnel shall open a sealed                 individuals trained and approved to serve as collectors by the
kit or specimen bag.                                                      Louisiana State Police Crime Laboratory.
   B. DNA samples on FTA Blood Collection Paper, DNA                           4. The collector shall utilize an AFIS Printout
buccal samples, and DDIC cards shall be stored indefinitely               (livescan generated), which contains the identifying
in a secure storage area unless otherwise required in                     information of the arrestee when obtaining a sample.
accordance with R.S. 15:614.                                                      a. In the event that a manual collection form is
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     used, all information shall be provided. Printed name, date
15:611.                                                                   and signature of the person collecting the sample is required.
  HISTORICAL NOTE: Promulgated by the Department of                       A fingerprint is obtained as positive identification of the
Public Safety and Corrections, Office of State Police, LR 27:207          offender. Samples submitted with incomplete information
(February 2001), repromulgated LR 27:1703 (October 2001), LR
37:
                                                                          may require recollection.
Subchapter B. Arrestees                                                           b. Buccal biological samples shall be obtained
                                                                          according to the instructions contained in the kit.
§2721. Definitions
                                                                                  c. The transport pouch, containing the buccal
   AFIS―the Automated Fingerprint Identification System
                                                                          collection device, and the AFIS printout shall be placed in
operated by the Department of Public Safety and
                                                                          the mailing envelope provided. The mailing envelope flap
Corrections, Public Safety Services.
                                                                          shall be sealed.
   Arrestee―a person arrested for a felony sex offense, other
                                                                                  d. In the event an arrestee resists the taking of the
specified offense or any other offense for which a DNA
                                                                          DNA sample, the collector may use reasonable force in
sample must be obtained pursuant to R.S. 15:601 et seq.
                                                                          accordance with R.S. 15:601-620.
   Biological Sample―biological evidence of any nature that
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
is utilized to conduct DNA analysis.                                      15:611.
   Crime Laboratory―Louisiana State Police Crime                            HISTORICAL NOTE: Promulgated by the Department of
Laboratory of the Department of Public Safety and                         Public Safety and Corrections, Office of State Police, LR 28:2369
Corrections, Public Safety Services.                                      (November 2002), amended LR 37:
   Department―Department of Public Safety and                             §2724. Shipping of DNA Samples for Arrestees
Corrections, Public Safety Services.                                        A. DNA samples collected in accordance with these
   Director―the director of the Louisiana State Police Crime              procedures shall be submitted to the crime laboratory in
Laboratory.                                                               person by approved personnel or via delivery service, such
   DNA―deoxyribonucleic acid.                                             as U.S. Mail in accordance with the Crime Laboratory's
   DNA Analysis―DNA typing tests that generate numerical                  policies and procedures. The mailing envelope shall be
identification information and are obtained from a DNA                    mailed or delivered to the crime laboratory after collection to
sample.                                                                   the following address.
   DNA Arrestee Database Collection Kit or Kit―the kit                         Louisiana State Police Crime Laboratory
provided by the department for the collection of DNA                           376 East Airport Drive
samples.                                                                       Baton Rouge, LA 70806
   DNA Database―the DNA identification record system                        AUTHORITY NOTE: Promulgated in accordance with R.S.
maintained and administered by the director.                              15:611.
   DNA Record―DNA information that is derived from a                        HISTORICAL NOTE: Promulgated by the Department of
DNA sample and DNA analysis and is stored in the state                    Public Safety and Corrections, Office of State Police, LR 28:2370
DNA database or in CODIS, including all records pertaining                (November 2002), amended LR 37:
to DNA analysis.                                                          §2725. Record Keeping of DNA Samples for Arrestees
   DPS&C―Department of Public Safety and Corrections.                        A. The individual who collects each DNA sample shall
   FBI―Federal Bureau of Investigation within the United                  provide an accurate, up-to-date list of every DNA sample
States Department of Justice.                                             collected each day of collection. Any failed attempts to
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     collect a sample from an arrestee and the reason for the
15:611.                                                                   failure (e.g., refusal of arrestee to submit) shall also be
  HISTORICAL NOTE: Promulgated by the Department of                       indicated. The list will include the following information:
Public Safety and Corrections, Office of State Police, LR 28:2369         the kit number, the arrestee's name, the name of the person
(November 2002), LR 37:                                                   collecting the sample and the submitting agency together
§2722. Collection, Submission, and Identification of                      with any additional data which the director deems necessary.
         DNA Samples for Arrestees                                        This information shall be mailed to the CODIS DNA Unit to
   A. All biological samples obtained for DNA analysis                    the following address.
from an arrestee shall be collected using an approved                         Louisiana State Police Crime Laboratory
Louisiana State Police Crime Laboratory DNA Arrestee                          376 East Airport Drive
Collection kit.                                                               Baton Rouge, LA 70806
     1. An arrestee collection kit shall contain materials for              AUTHORITY NOTE: Promulgated in accordance with R.S.
collection of a biological sample for use in DNA analysis.                15:611.


                                                                    473               Louisiana Register Vol. 37, No. 02 February 20, 2011
  HISTORICAL NOTE: Promulgated by the Department of                               g. Seal the paper type envelope. Write the date and
Public Safety, Office of State Police, LR 28:2370 (November               collector's initials partially on the paper type envelope and
2002), amended LR 30:271 (February 2004), LR 37:                          partially on the envelope flap.
§2726. Storage of DNA Samples for Arrestees                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
   A. The sealed kits containing DNA samples shall be                     40:2405.4.
stored in a dedicated storage area designated by the crime                  HISTORICAL NOTE: Promulgated by the Department of
laboratory. Access to the sealed kits and to the storage area             Public Safety, Office of State Police, LR 30:271 (February 2004),
shall be limited to authorized personnel. Any access to or                amended LR 37:
removal/return of the sealed kit shall be performed in
accordance with crime lab policies and procedures. Only                                               Michael D. Edmonson, Colonel
authorized personnel shall open a sealed specimen envelope,                                           Superintendent
                                                                          1102#021
and if applicable shall initial and date the broken seal and
shall reseal the specimen envelope in accordance with
standard operating procedures.                                                       DECLARATION OF EMERGENCY
   B. DNA samples from arrestees and AFIS printouts shall                                   Department of Revenue
be stored for the time period as prescribed by Louisiana law                                Policy Services Division
in a secure storage area unless otherwise required in
accordance with R.S. 15:614.                                                          Electronic Filing Requirements for Oil
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                or Gas Severance Tax (LAC 61:III.1525)
15:611.
  HISTORICAL NOTE: Promulgated by the Department of
Public Safety and Corrections, Office of State Police, LR 28:2370            Under the authority of R.S. 47:1511, which authorizes the
(November 2002), amended LR 37:                                           secretary of revenue to prescribe rules and regulations to
Subchapter C. Peace Officers                                              carry out the purposes of Title 47 of the Louisiana Revised
§2742. Collection of DNA Samples for Peace Officers                       Statutes of 1950 and the purposes of any other statutes or
   A. All biological samples obtained for DNA Analysis                    provisions included under the secretary‘s authority, and in
from a peace officer shall be buccal swabs and shall be                   accordance with the provisions of the Administrative
collected using sterile cotton tip swabs as provided by the               Procedure Act, R.S. 49:950 et seq., and specifically the
agency employing the peace officer who is required to have                emergency provisions of R.S. 49:953(B), the Department of
his biological sample collected pursuant to R.S. 40:2405.4.               Revenue, Policy Services Division, hereby issues the
     1. The agency employing the peace officer shall                      following Emergency Rule to amend LAC 61:III.1525 to
provide all materials necessary to collect a biological sample            mandate the electronic filing of the applications for reduced
from any peace officer required to provide a sample pursuant              oil or gas severance tax rates, Forms 0-2 and G-2.
to R.S. 40:2405.4.                                                           Beginning with the filing of the July 2011 production
     2. The supplies necessary to collect a buccal swab                   month application due September 25, 2011, the Gas
shall include the following:                                              Severance Tax Form G-2, Application for Certification of
        a. one pack of two sterile cotton tip swabs;                      Incapable Wells Oil, and the Oil Severance Tax Form O-2,
        b. one pair of gloves;                                            Application for Certification of Stripper/Incapable Wells,
        c. one paper type envelope to store the samples                   must be filed electronically with the Department of Revenue
once collected;                                                           on or before the twenty-fifth day of the second month
        d. evidence tape for sealing the paper envelope.                  following the production month in which the reduced tax
     3. In order to collect the biological sample, the                    rate(s) is applicable. This Emergency Rule, effective January
collector shall adhere to the following procedures.                       28, 2011, shall remain in effect for a period of 120 days or
        a. The collector shall print the name of the peace                until this Rule takes effect through the normal promulgation
officer, the date of collection and the name of the collector             process, whichever comes first.
on the paper type envelope used to store the samples prior to                This Emergency Rule is necessary to allow the secretary
collection of the specimen.                                               to provide needed information to taxpayers, producers,
        b. Have the subject open his or her mouth. If there               purchasers, or duly authorized representatives regarding the
is foreign matter in the mouth, such as tobacco or gum, have              mandatory electronic filing requirements for applications for
the subject rinse his or her mouth out with water.                        reduced oil or gas severance tax rates. A delay in adopting
        c. Remove one sterile cotton swab and collect the                 this Rule could have an adverse impact on persons applying
specimen by rubbing the swab vigorously on the inside                     for reduced oil or gas severance tax rates.
surfaces of the cheeks and gums thoroughly. While slowly                                              Title 61
turning the swab (so that all sides of the swab are in contact                            REVENUE AND TAXATION
with the side of the cheek) rub the swab up and down and                    Part III. Administrative Provisions and Miscellaneous
back and forth in the mouth about 10 times.                               Chapter 15. Mandatory Electronic Filing of Tax
        d. Place the buccal swab in the paper type envelope.                                Returns and Payment
Do not place the swab back into the original sterile swab                 §1525. Severance Tax—Oil or Gas
packaging.                                                                   A. R.S. 47:1520(A)(1)(b) authorizes the secretary of
        e. Repeat Subparagraph c with the remaining swab.                 revenue to require electronic filing of tax returns or reports
        f. Place the second cotton tip swab immediately                   by persons severing oil or gas from the soil or water from
inside the paper type envelope with the first swab.                       the state that are required to file reports under R.S.
                                                                          47:635(A)(2) or 640(A)(2).

                                                                    474               Louisiana Register Vol. 37, No. 02 February 20, 2011
   B. R.S. 47:635(A)(2) requires every person severing oil                    3. If the taxpayer can prove electronic filing of a tax
or gas from the soil or water of the state to submit, on or              return, report, or application for certification would create an
before the twenty-fifth day of the second month following                undue hardship, the secretary may exempt the taxpayer from
the month to which the tax is applicable, a statement on                 filing the return, report, or application electronically.
forms approved by the department, of the business                          AUTHORITY NOTE: Promulgated in accordance with R.S.
conducted by the severer during the month, showing the                   47:1511, 47:1520, 47:635(A)(2), R.S. 47:640(A)(2), R.S.
gross quantity of oil or gas severed or produced, the names              47:633(7)(b), 47:633(c)(i)(aa), R.S. 47:633(9)(b), and R.S.
of the owners at the time of severance, the portion owned by             47:633(9)(c).
                                                                           HISTORICAL NOTE: Promulgated by the Department of
each, the location and place(s) where the oil or gas was                 Revenue, Policy Services Division, LR 36:1271 (June 2010),
produced or severed from the soil or water and any other                 amended by the Department of Revenue, Policy Services Division,
reasonable and necessary information pertaining thereto that             LR 36:1 (January 2011), LR 37:
the secretary may require.
   C. R.S. 47:640(A)(2) requires purchasers and other                                                Cynthia Bridges
persons dealing in oil or gas severed from the soil or water                                         Secretary
in Louisiana to submit, on or before the twenty-fifth day of             1102#011
the second month following the month to which the tax is
applicable, to the Department of Revenue a monthly                                  DECLARATION OF EMERGENCY
statement on forms approved by the department, showing the
names and addresses of all persons from whom they have                              Department of Wildlife and Fisheries
purchased oil or gas during that month, together with the                            Wildlife and Fisheries Commission
total quantity of, and gross price paid for the oil or gas, and,
at the time the report is made, pay the amount of tax                        Crab Trap Closure and Derelict Crab Trap Clean-Up
deducted or withheld, or that may be due.
   D. Effective with the July 2010 filing period, severers of               In accordance with the emergency provisions of R.S.
oil or gas that are required to file reports under R.S.                  49:953(B) of the Administrative Procedure Act which allows
47:635(A)(2) and 640(A)(2) shall be required to file the tax             the Wildlife and Fisheries Commission to use emergency
returns or report electronically with the Department of                  procedures to close seasons when faced with imminent peril
Revenue using the electronic format prescribed by the                    to the public health, safety, or welfare and R.S. 56:332(N)
department.                                                              which provides the Wildlife and Fisheries Commission with
   E. R.S. 47:633(7)(b) and 633(c)(i)(aa) provide reduced                authority to establish a program to remove abandoned crab
severance tax rates on oil produced from wells that have                 traps from state-owned lake and river beds and other water
been certified by the Department of Revenue as ―incapable                bottoms of the state, and to prohibit the use of crab traps and
wells‖ and ―stripper wells‖ on or before the twenty-fifth day            for the removal of crab traps and their disposal during a
of the second month following the month of production.                   maximum sixteen-consecutive-day period between February
   F. R.S. 47:633(9)(b) and 633(9)(c) provide reduced                    first and March thirty-first in one or more geographical areas
severance tax rates on gas produced from wells that have                 of the state, and to specify the beginning and ending dates
been determined by the secretary of revenue to be ―incapable             for the prohibition on the use of crab traps, and to specify the
oil wells‖ and ―incapable gas wells‖.                                    geographical area within which the use of crab traps shall be
   G. Beginning with the July 2011 production month                      prohibited, and to specify who is authorized to remove the
application that is due September 25, 2011, the R-9001                   abandoned traps, and authorizes the Secretary of the
Application for Certification of Incapable Wells, Form G-2,              Department of Wildlife and Fisheries to designate the
and R-9020 O-2 Application for Certification of                          locations where removed and abandoned traps are to be
Stripper/Incapable Wells, Form O-2, must be filed                        placed for disposal, the commission hereby declares:
electronically with the Department of Revenue on or before                  The use of crab traps shall be prohibited from 6:00 a.m.,
the twenty-fifth day of the second month following the                   February 26, 2011 through 6:00 a.m. March 5, 2011 within
production month in which the reduced tax rate(s) is                     that portion of Plaquemines Parish, as described below:
applicable. If the due date falls on a weekend or holiday, the              Beginning at a point on the western shoreline of the
application and electronic filing thereof is due on the next             Mississippi River at 29 degrees 28 minutes 30 seconds north
business day.                                                            latitude and 89 degrees 41 minutes 15 seconds west
   H. Failure to comply with these electronic filing                     longitude; thence southeasterly to a point on the southern
requirements will result in the assessment of a penalty of               shoreline of the Freeport Sulphur Company Canal at 29
$100 or five percent of the tax, whichever is greater, as                degrees 27 minutes 50 seconds north latitude and 89 degrees
provided by R.S. 47:1520(B).                                             42 minutes 10 seconds west longitude; thence southwesterly
     1. If it is determined that the failure to comply is                along the southern shoreline of the Freeport Sulphur
attributable, not to the negligence of the taxpayer, but to              Company Canal to a point at 29 degrees 24 minutes 00
other cause set forth in written form and considered                     seconds north latitude and 89 degrees 46 minutes 20 seconds
reasonable by the secretary, the secretary may remit or waive            west longitude; thence west along 29 degrees 24 minutes 00
payment of the whole or any part of the penalty.                         seconds north latitude to 89 degrees 50 minutes 00 seconds
     2. If the penalty exceeds $25,000, it may be waived by              west longitude; thence north along 89 degrees 50 minutes 00
the secretary only after approval by the Board of Tax                    seconds west longitude to 29 degrees 26 minutes 00 seconds
Appeals.                                                                 north latitude; thence west along 29 degrees 26 minutes 00


                                                                   475               Louisiana Register Vol. 37, No. 02 February 20, 2011
seconds north latitude to 89 degrees 58 minutes 00 seconds                          DECLARATION OF EMERGENCY
west longitude; thence north along 89 degrees 58 minutes 00
                                                                                    Department of Wildlife and Fisheries
seconds west longitude to 29 degrees 40 minutes 00 seconds
                                                                                     Wildlife and Fisheries Commission
north latitude; thence east along 29 degrees 40 minutes 00
seconds north latitude to the western shoreline of the
                                                                                      King Mackerel Commercial Season
Mississippi River; thence southeasterly along the western
shoreline of the Mississippi River to the point of beginning.
   The Wildlife and Fisheries Commission further declares as                In accordance with the emergency provisions of R.S.
follows: all crab traps remaining in the closed area during              49:953, the Administrative Procedure Act, R.S. 49:967
the specified period shall be considered abandoned; these                which allows the Department of Wildlife and Fisheries and
trap removal regulations do not provide authorization for                the Wildlife and Fisheries Commission to use emergency
access to private property; authorization to access private              procedures to set finfish seasons, R.S. 56:326.3 which
property can only be provided by individual landowners;                  provides that the Wildlife and Fisheries Commission may set
crab traps may be removed only between one-half hour                     seasons for saltwater finfish, and the authority given to the
before sunrise to one-half hour after sunset; anyone is                  Secretary of the Department, by the Commission in its
authorized to remove these abandoned crab traps within the               resolution of January 7, 2010, to close the 2010-11
closed area; no person removing crab traps from the                      commercial king mackerel season in Louisiana state waters
designated closed areas shall possess these traps outside of             when he is informed that the designated portion of the
the closed area; and abandoned traps must be brought to                  commercial king mackerel quota for the Gulf of Mexico has
sites designated by the Secretary of the Department of                   been filled, or was projected to be filled, the Secretary
Wildlife and Fisheries. The Wildlife and Fisheries                       hereby declares:
Commission further authorizes the Secretary of the                          Effective 12:00 noon, February 11, 2011, the commercial
Department of Wildlife and Fisheries to designate disposal               fishery for king mackerel in Louisiana waters will close and
sites, and to delay, suspend or extend the crab trap closure as          remain closed through June 30, 2011. Nothing herein shall
he deems necessary for human safety or resource                          preclude the legal harvest of king mackerel by legally
considerations.                                                          licensed recreational fishermen. Effective with this closure,
   Derelict crab traps are any old or new crab trap that is not          no person shall commercially harvest, possess, purchase,
being actively fished and tended and may originate from:                 barter, trade, sell or attempt to purchase, barter, trade or sell
accidental loss of actively fished traps due to tides, currents          king mackerel within or without Louisiana waters. Effective
or storm surges; weathering of buoys or lines; clipping of               with this closure, no person shall possess king mackerel in
buoy lines by vessel propellers; displacement of traps caught            excess of a daily bag limit within or without Louisiana
in shrimp gear; intentional cutting of buoy lines by vandals;            waters. The prohibition on sale/purchase of king mackerel
abandonment of fishable traps by fishermen who leave the                 during the closure does not apply to king mackerel that were
fishery; and improper disposal of old, unfishable traps. Since           legally harvested, landed ashore, and sold prior to the
2004, the Department of Wildlife and Fisheries together with             effective date of the closure and were held in cold storage by
individual volunteers and volunteer organizations have                   a dealer or processor provided appropriate records in
successfully removed and disposed of 18,449 abandoned and                accordance with R.S. 56:306.5 and 56:306.6 are properly
derelict crabs. Plaquemines Parish has formally requested                maintained.
the Department of Wildlife and Fisheries to close this area to              The secretary has been notified by National Marine
the use of crab traps so that derelict traps may be removed.             Fisheries Service that the commercial king mackerel season
Portions of this closure area are currently heavily used by              in Federal waters of the Gulf of Mexico will close at 12:00
crews conducting oil spill cleanup activities and in                     noon, February 11, 2011. Closing the season in State waters
consideration of the presence of numerous derelict crab traps            is necessary to provide effective rules and efficient
and low winter tides within the area, the safety of cleanup              enforcement for the fishery, to prevent overfishing of this
crews and other boaters is being compromised. It is essential            species in the long term.
that this closure be done as an emergency so that this
cleanup may proceed immediately without hazard to human                                              Robert J. Barham
life or health. This area is being temporarily closed to the use                                     Secretary
                                                                         1102#062
of crab traps to allow for the removal of derelict crab traps
as their removal benefits the crab fishery, reduces potential
navigational hazards to recreational and commercial                                 DECLARATION OF EMERGENCY
fishermen and boaters and reduces ―Ghost Fishing‖, a term                           Department of Wildlife and Fisheries
referencing an unseen cycle of mortality of blue crabs and                           Wildlife and Fisheries Commission
other organisms that enter and perish within abandoned
traps.                                                                                 Shrimp Season ClosureZone 1

                            Stephen W. Sagrera                             In accordance with the emergency provisions of R.S.
                            Chairman                                     49:953 of the Administrative Procedure Act, which allows
1102#061
                                                                         the Wildlife and Fisheries Commission to use emergency
                                                                         procedures to set shrimp seasons, and R.S. 56:497, which



                                                                   476               Louisiana Register Vol. 37, No. 02 February 20, 2011
allows the Wildlife and Fisheries Commission to delegate to                      Chapter 21 (Pain Medical Treatment
the secretary of the department the powers, duties and                              Guidelines):
authority to set seasons, and in accordance with a                               Sections 2101 through 2116 (Chronic Pain
Declaration of Emergency adopted by the Wildlife and                                Disorder) and Sections 2117 through 2136
Fisheries Commission on August 5, 2010 which authorized                             (Complex Regional Pain Syndrome/Reflex
the Secretary of the Department of Wildlife and Fisheries to                        Sympathetic Dystrophy)
change the closing dates of the 2010 Fall Shrimp Season if                       Chapter 22 (Neurological and Neuromuscular
biological and technical data indicate the need to do so or if                      Disorder Medical Treatment Guidelines)
enforcement problems develop, the Secretary of the                                  Sections 2201 through 2214 (Carpal Tunnel
Department of Wildlife and Fisheries does hereby declare                            Syndrome)
that the 2010 fall inshore shrimp season in the remaining                        Sections 2215 through 2228 (Thoracic Outlet
portion of Shrimp Management Zone 1 shall close at official                         Syndrome)
sunset January 29, 2011 except for the open waters of Breton                     Chapter 23 (Upper and Lower Extremities
and Chandeleur Sounds as described by the double-rig line                           Medical Treatment Guidelines) Sections 2301
(R.S. 56:495.1(A)(2)) which shall remain open until 6:00                            through 2314 (Lower Extremities) and
a.m., March 31, 2011.                                                               Sections 2315 through 2328 (Shoulder
                                                                                    Injuries)
                              Robert J. Barham                               The contents of the new chapters are relative to medical
                              Secretary                                   treatment guidelines for the delivery of medical treatment in
1102#009
                                                                          workers compensation cases, which are being promulgated
                                                                          in accordance with the directives of La. R.S. 23:1203.1. The
           DECLARATION OF EMERGENCY                                       proposed enactment is set forth in the attached documents.
                  Workforce Commission                                                               Title 40
             Office of Workers' Compensation                                             LABOR AND EMPLOYMENT
                                                                               Part I. Workers’ Compensation Administration
       Medical Guidelines (LAC 40:I.Chapters 20-23)                                      Subpart 2. Medical Guidelines
                                                                          Chapter 22. Thoracic Outlet Syndrome
     Editor's Note: The following Sections of Chapter 22 were             §2215. Introduction
     inadvertently left out of the January 20, 2011 Louisiana                A. This document has been prepared by the Louisiana
     Register printing. These Sections are being repromulgated in         Workforce Commission, Office of Workers‘ Compensation
     their entirety. This Emergency Rule may be viewed on pages
     51-268 of the January edition.                                       and should be interpreted within the context of guidelines for
                                                                          physicians/providers treating individuals qualifying under
   The Louisiana Workforce Commission, Office of Workers'                 Louisiana‘s Workers‘ Compensation Act as injured workers
Compensation, has exercised the emergency provision in                    with upper extremity involvement. These guidelines are
accordance with LA. R.S. 49:953(B), the Administrative                    enforceable under the Louisiana Workers Compensation Act.
Procedure Act, to adopt LAC 40:I, Chapters 20-23. This                    All medical care, services, and treatment owed by the
emergency rule will be effective January 1, 2011.                         employer to the employee in accordance with the Louisiana
   House Bill 1138, Act No. 619, of the 2010 Regular                      Workers‘ Compensation Act shall mean care, services, and
Session of the Louisiana Legislative Session, states that "the            treatment in accordance with these guidelines. Medical Care,
Director shall, through the Office of the Workers'                        services, and treatment that varies from these guidelines
Compensation Administration, promulgate rules...to                        shall also be due by the employer when it is demonstrated to
establish a medical treatment schedule no later than January              the medical director of the office by a preponderance of the
1, 2011". Failure to promulgate the rules by January 1, 2011,             scientific medical evidence, that a variance from these
would result in significant uncertainty among medical                     guidelines is reasonably required to cure or relieve the
providers and insurers as to which procedures would be                    injured worker from the effects of the injury or occupational
approved under the medical guidelines. Such uncertainty                   disease given the circumstances. Therefore, these guidelines
would cause a delay in services to injured workers and                    are not relevant as evidence of a provider‘s legal standard of
impair their ability to return to the workforce. Accordingly it           professional care. To properly utilize this document, the
is necessary to timely implement the rules by virtue of                   reader should not skip nor overlook any Sections.
emergency rule.                                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
   Notice is hereby given, in accordance with R.S. 49:950, et             23:1203.1.
seq., that the Louisiana Workforce Commission, Office of                    HISTORICAL NOTE: Promulgated   by    the  Louisiana
                                                                          Workforce Commission, Office of Workers Compensation
Workers' Compensation, pursuant to authority vested in the
                                                                          Administration, LR 37:
Director of the Office of Workers' Compensation by R.S.
                                                                          §2217. General Guidelines Principles
23:1310.1 and in accordance with applicable provisions of
                                                                            A. The principles summarized in this section are key to
the Administrative Procedure Act, proposes to enact LAC
                                                                          the intended implementation of all Office of Workers‘
40:I., Subpart 2, Chapters 20-23 to add the following:
                                                                          Compensation guidelines and critical to the reader‘s
        Chapter 20 (Spine Medical Treatment                              application of the guidelines in this document.
         Guidelines): Sections 2001 through 2012                               1. Application of Guidelines. The OWCA provides
         (Cervical Spine Injury) and Sections 2013                        procedures to implement medical treatment guidelines and to
         through 2024 (Low Back Pain)                                     foster communication to resolve disputes among the

                                                                    477              Louisiana Register Vol. 37, No. 02 February 20, 2011
provider, payer, and patient through the Office of Worker‘s             course, and diagnostic tests. A comprehensive assimilation
Compensation.                                                           of these factors must lead to a specific diagnosis with
     2. Education of the patient and family, as well as the             positive identification of pathologic conditions.
employer, insurer, policy makers and the community should                    9. Six-month Time Frame. The prognosis drops
be the primary emphasis in the treatment of upper extremity             precipitously for returning an injured worker to work once
pain. Currently, practitioners often think of education last,           he/she has been temporarily totally disabled for more than
after medications, manual therapy, and surgery. Practitioners           six months. The emphasis within these guidelines is to move
must develop and implement an effective strategy and skills             patients along a continuum of care and return-to-work within
to educate patients, employers, insurance systems, policy               a six-month time frame, whenever possible. It is important to
makers, and the community as a whole. An education-based                note that time frames may not be pertinent to injuries that do
paradigm should always start with inexpensive                           not involve work-time loss or are not occupationally related.
communication providing reassuring information to the                        10. Return-to-work is therapeutic, assuming the work is
patient. More in-depth education currently exists within a              not likely to aggravate the basic problem or increase long-
treatment regime employing functional restorative and                   term pain. The practitioner must provide specific written
innovative programs of prevention and rehabilitation. No                physical limitations and the patient should never be released
treatment plan is complete without addressing issues of                 to ―sedentary‖ or ―light duty.‖ The following physical
individual and/or group patient education as a means of                 limitations should be considered and modified as
facilitating self-management of symptoms and prevention.                recommended: lifting, pushing, pulling, crouching, walking,
     3. Treatment Parameter Duration. Time frames for                   using stairs, bending at the waist, awkward and/or sustained
specific interventions commence once treatments have been               postures, tolerance for sitting or standing, hot and cold
initiated, not on the date of injury. Obviously, duration will          environments, data entry and other repetitive motion tasks,
be impacted by patient compliance, as well as availability of           sustained grip, tool usage and vibration factors. Even if there
services. Clinical judgment may substantiate the need to                is residual chronic pain, return-to-work is not necessarily
accelerate or decelerate the time frames discussed in this              contraindicated.
document. Such deviation shall be in accordance with La.                        a. The practitioner should understand all of the
R.S. 23:1203.1.                                                         physical demands of the patient‘s job position before
     4. Active       Interventions.    Emphasizing      patient         returning the patient to full duty and should request
responsibility, such as therapeutic exercise and/or functional          clarification of the patient‘s job duties. Clarification should
treatment, are generally emphasized over passive modalities,            be obtained from the employer or, if necessary, including,
especially as treatment progresses. Generally, passive                  but not limited to, an occupational health nurse, occupational
interventions are viewed as a means to facilitate progress in           therapist, vocational rehabilitation specialist, or an industrial
an active rehabilitation program with concomitant                       hygienist.
attainment of objective functional gains.                                    11. Delayed       Recovery.     Strongly      consider     a
     5. Active Therapeutic Exercise Program. Exercise                   psychological evaluation, if not previously provided, as well
program goals should incorporate patient strength,                      as initiating interdisciplinary rehabilitation treatment and
endurance, flexibility, coordination, and education. This               vocational goal setting, for those patients who are failing to
includes functional application in vocational or community              make expected progress 6 to 12 weeks after an injury. The
settings.                                                               OWCA recognizes that 3 to 10 percent of all industrially
     6. Positive Patient zresponse. Positive results are                injured patients will not recover within the timelines
defined primarily as functional gains that can be objectively           outlined in this document despite optimal care. Such
measured. Standard measurement tools, including outcome                 individuals may require treatments beyond the limits
measures, should be used. Objective functional gains                    discussed within this document, but such treatment will
include, but are not limited to, positional tolerances, range-          require clear documentation by the authorized treating
of-motion (ROM), strength, and endurance, activities of                 practitioner focusing on objective functional gains afforded
daily living, cognition, psychological behavior, and                    by further treatment and impact upon prognosis.
efficiency/velocity measures that can be quantified.                         12. Guideline Recommendations and Inclusion of
Subjective reports of pain and function should be considered            Medical Evidence. Guidelines are recommendations based
and given relative weight when the pain has anatomic and                on available evidence and/or consensus recommendations.
physiologic correlation. Anatomic correlation must be based             When possible, guideline recommendations will note the
on objective findings.                                                  level of evidence supporting the treatment recommendation.
     7. Re-evaluation Treatment every Three to Four                     When interpreting medical evidence statements in the
Weeks. If a given treatment or modality is not producing                guideline, the following apply.
positive results within three to four weeks, the treatment                      a. Consensus—the         opinion     of     experienced
should be either modified or discontinued. Reconsideration              professionals based on general medical principles.
of diagnosis should also occur in the event of poor response            Consensus recommendations are designated in the guideline
to a seemingly rational intervention.                                   as ―generally well accepted,‖ ―generally accepted,‖
     8. Surgical Interventions. Surgery should be                       ―acceptable/accepted,‖ or ―well-established.‖
contemplated within the context of expected functional                          b. Some—the recommendation considered at least
outcome and not purely for the purpose of pain relief. The              one adequate scientific study, which reported that a
concept of ―cure‖ with respect to surgical treatment by itself          treatment was effective.
is generally a misnomer. All operative interventions must be                    c. Good—the recommendation considered the
based upon positive correlation of clinical findings, clinical          availability of multiple adequate scientific studies or at least

                                                                  478               Louisiana Register Vol. 37, No. 02 February 20, 2011
one relevant high-quality scientific study, which reported               Section F. and rarely requires surgical intervention. True
that a treatment was effective.                                          neurogenic TOS may require early surgical intervention if
        d. Strong—the recommendation considered the                      there is significant weakness with corresponding EMG/NCV
availability of multiple relevant and high quality scientific            changes. The medical records should reasonably document
studies, which arrived at similar conclusions about the                  the following.
effectiveness of a treatment.                                                    a. History Taking. A careful history documenting
           i. All recommendations in the guideline are                   exacerbating activities and positions which relieve
considered to represent reasonable care in appropriately                 symptoms is essential. Timing of the onset of symptoms is
selected cases, regardless of the level of evidence or                   important. TOS has been associated with trauma and motor
consensus statement attached to it. Those procedures                     vehicle accidents. Avocational pursuits should also be
considered inappropriate, unreasonable, or unnecessary are               specifically documented.
designated in the guideline as ―not recommended.‖                                   i. Symptoms Common to Neurogenic TOS.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    Neurological symptoms are usually intermittent in non-
23:1203.1.                                                               specific TOS. If symptoms are constant, consider other
  HISTORICAL NOTE: Promulgated   by    the  Louisiana                    diagnoses such as true TOS or other brachial plexus injuries.
Workforce Commission, Office of Workers Compensation                     Neck pain is often the first symptom with complaints within
Administration, LR 37:
                                                                         the first few days of injury. Occipital headaches may also
§2219. Definition of Thoracic Outlet Syndrome
                                                                         occur early. Some patients experience coldness or color
   A. Thoracic Outlet Syndrome (TOS) may be described
                                                                         changes in the hands. Neurogenic symptoms include the
as a neurovascular disorder affecting the upper extremity
                                                                         following:
which, on rare occasions, is caused by workplace factors,
                                                                                      (a). forearm (frequently medial), or proximal
such as jobs that require repetitive activities of the upper
                                                                         upper extremity pain;
extremities with forward head and shoulder postures. It
                                                                                      (b). numbness and paresthesia in arm, hand and
should be emphasized that occupational TOS is a relatively
                                                                         fingers:
uncommon disorder and other disorders with similar
                                                                                           (i). fourth and fifth digits: most common
symptomatology need to be ruled out.
                                                                         pattern;
   B. There are four types of thoracic outlet syndrome. The
                                                                                          (ii). all five fingers: next most common
two vascular types, comprised of subclavian vein or artery
                                                                         pattern;
pathology, are diagnosed with imaging. True or classic
                                                                                         (iii). first, second and third digits: symptoms
neurogenic TOS consists of a chronic lower trunk brachial
                                                                         may occur, but one must rule out carpal tunnel syndrome;
plexopathy diagnosed by positive electrodiagnostic testing.
                                                                                      (c). upper extremity weakness: arm and/or hand;
It is usually unilateral, predominantly affects women, and
                                                                         ―dropping things‖ may be a common complaint;
results in classic electrophysiologic and physical exam
                                                                                      (d). exacerbating factor: arm elevation. Common
findings such as hand atrophy. The two vascular types of
                                                                         complaints are trouble combing hair, putting on clothing,
TOS and true neurogenic are relatively rare and easily
                                                                         driving a car, or carrying objects with shoulder straps such
diagnosed. The most common type of TOS is non-specific
                                                                         as back packs; disturbed sleep, etc.
neurogenic (also called disputed) TOS, which is diagnosed
                                                                                           (i). Symptoms Common to Vascular TOS
based on upper or lower trunk brachial plexus symptoms.
                                                                                                 [a]. Pain, coldness, pallor, digital
  AUTHORITY NOTE: Promulgated in accordance with R.S.
23:1203.1.                                                               ischemia and claudication in the forearm are signs of arterial
  HISTORICAL NOTE: Promulgated   by    the  Louisiana                    compromise which is most frequently chronic and due to
Workforce Commission, Office of Workers Compensation                     subclavian aneurysm or stenosis.
Administration, LR 37:                                                                           [b]. Swollen, cyanotic, and sometimes
§2221. Initial Diagnostic Procedures                                     painful arm is indicative of a venous obstruction requiring
   A. The OWCA recommends the following diagnostic                       immediate attention.
procedures be considered, at least initially, the responsibility                 b. Occupational Relationship for Neurogenic and
of the workers‘ compensation carrier to ensure that an                   Vascular TOS. In many cases, trauma is the cause vascular
accurate diagnosis and treatment plan can be established.                or neurogenic TOS. Clavicular fractures, cervical strain
Standard procedures that should be utilized when initially               (including whiplash), and other cases of cervical trauma
diagnosing a work-related TOS complaint are listed below.                injuries have been associated with TOS. Continual overhead
     1. History taking and physical examination (Hx and                  lifting or motion may contribute as can static postures in
PE) are generally accepted, well-established and widely used             which the shoulders droop and the head is inclined forward.
procedures which establish the basis for diagnosis, and                  Activities which cause over-developed scalene muscles such
dictate all other diagnostic and therapeutic procedures. When            as weight-lifting and swimming may contribute. The Paget-
findings of clinical evaluations and those of other diagnostic           Schroetter syndrome, or effort thrombosis of the subclavian
procedures are not complementing each other, the objective               vein, may occur in athletes or workers with repetitive
clinical findings should have preference. Neurogenic TOS                 overhead forceful motion and neck extension. Arterial
will be described separately from vascular TOS, although                 thrombosis or symptoms from subclavian aneurysms or
some general symptoms may occasionally overlap. Vascular                 stenosis are usually not work-related. Both classic
TOS usually requires emergent treatment as described in the              neurogenic TOS (usually due to a cervical or anomalous first
surgical Section. Treatment for non-specific neurogenic TOS              rib) and vascular TOS due to arterial compromise from
begins with jobsite alteration and therapy as described in               stenosis or aneurysm are rarely work-related conditions.


                                                                   479               Louisiana Register Vol. 37, No. 02 February 20, 2011
       c.    Physical Findings                                                    iii. Physical Exam—other tests which are
           i. Physical Examination Signs used to Diagnose               recommended and may indicate additional diagnostic
Classic or Non-specific Neurogenic TOS. Both extremities                considerations.
should be examined to compare symptomatic and                                         (a). Neck rotation may be restricted and can
asymptomatic sides.                                                     indicate the presence of additional pathology.
          ii. Provocative maneuvers (listed below) must                               (b). Upper Limb Tension Test—this provocative
reproduce the symptoms of TOS to be considered positive:                test may be positive for cervical radiculopathy, brachial
             (a). tenderness over scalene muscles in                    plexus pathology, or other peripheral nerve pathology. It is
supraclavicular area;                                                   considered sensitive but non-specific. The test has several
             (b). pressure in supraclavicular area elicits              variations; however, they all consist of a series of systematic
symptoms in arm/hand, or Tinel‘s sign over brachial plexus              maneuvers performed on the upper quadrant to evaluate
is positive. The supraclavicular pressure test is positive for          peripheral nerve function and pathology. Head tilting is one
paresthesia in approximately 15 percent of asymptomatic                 of the maneuvers included. Provocation of abnormal
individuals;                                                            responses indicates neural tissue sensitization/irritation, and
             (c). Elevated Arm Stress Test (EAST) is                    can include implication of specific peripheral nerve trunks.
performed with the arms abducted and shoulders externally               Performance and interpretation of this test requires specific
rotated to 90 degrees with elbows bent to 90 degrees for 3              training and experience. A negative response to the upper
minutes (some examiners use 60 seconds). The patient may                limb tension test makes the diagnosis of neurogenic TOS
also be asked to repetitively open and close fists. A positive          unlikely. If negative, investigate other diagnoses.
test reproduces upper extremity symptoms. When this test is                           (c). Rotator cuff/acromioclavicular (AC) joint
performed for 3 minutes in an asymptomatic population,                  tenderness suggests rotator cuff, or biceps tendonitis or AC
approximately 35 percent experience paresthesia;                        joint disease.
             (d). some literature has suggested another                               (d). Trapezius muscle, shoulder girdle muscles or
provocative elevated arm stress test. The patient holds his             paraspinal muscle tenderness suggests a myofascial
arms over head for one minute with elbows extended, wrists              component.
in a neutral position, and forearm midway between                                     (e). Drooping shoulders secondary to nerve
supination and pronation. If symptoms are reproduced, the               injuries can be present with TOS symptoms. If a spinal
test is positive.                                                       accessory, long thoracic or other nerve injury is identified,
        d. Posture related brachial tests:                              treatment should focus on therapy for the nerve injury in
           i. head tilting: lateral flexion of the neck (ear to         addition to conservative measures for TOS. Refer to the
shoulder) causes radiating pain and paresthesia in the                  Shoulder Injury Medical Treatment Guidelines. Brachial
contralateral arm consistent with TOS.;                                 Plexus and Shoulder Nerve Injuries.
          ii. Military posture or costoclavicular maneuver.                           (f). The following tests suggest carpal tunnel
Shoulders are depressed and pulled backward in an                       syndrome:
exaggerated position. Reproduction of symptoms is a                                         (i). carpal tunnel compression test;
positive test. Approximately 15 percent of asymptomatic                                    (ii). flicking the wrist secondary to
individuals will report paresthesia with this test.                     paresthesia;
        e. Neurological Examination: usually normal in                                    (iii). Tinel‘s sign; and/or
non-specific TOS, but may be abnormal.                                                    (iv). Phalen‘s sign.
           i. Sensory Exam: may show decreased sensation                              (g). Positive Tinel‘s sign at elbow (over ulnar
to light touch, pain, vibration, and/or temperature in lower            groove) suggests ulnar nerve entrapment.
brachial plexus distribution. The entire ring finger is usually                       (h). Positive Tinel‘s sign over the pronator teres
involved. This contrasts with ulnar neuropathy, which                   muscle suggests median nerve involvement. Positive Tinel‘s
usually involves only the ulnar side of the ring finger.                sign over the radial tunnel suggests radial nerve
          ii. Motor Exam: weakness and/or muscle atrophy                compression.
in either upper or lower trunk distributions including, but not                 f. Cervical spine x-ray is a generally accepted,
limited to, valid dynamometer readings indicative of relative           well-established procedure indicated to rule out cervical
weakness in the affected limb. In lower plexus injuries, the            spine disease, fracture, cervical rib or rudimentary first rib
abductor pollicus brevis often demonstrates more                        when clinical findings suggest these diagnoses. Cervical
involvement and atrophy than the intrinsic interosseous                 spine x-rays should also be considered when there is an
muscles.                                                                asymmetric diminished pulse in an arm that is symptomatic.
             (a). Physical exam findings for vascular TOS               X-rays are most useful when arterial TOS is suspected. The
cases. Suspicion of vascular compromise should lead to                  presence of a cervical rib does not confirm the diagnosis
confirmation using appropriate imaging procedures.                      unless other clinical signs and symptoms are present, as
                   (i). Arterial cases usually demonstrate an           many cervical ribs are asymptomatic. Therefore, routine
absent radial pulse at rest, pale hand and often ischemic               roentgenographic evaluation of the cervical spine is
fingers.                                                                frequently unnecessary early in the course of treatment for
                  (ii). Venous obstruction presents with                non-specific TOS.
visible or distended superficial veins on the effected signs                    g. Vascular Studies. Vascular laboratory studies,
involving the anterior axillary fold and chest wall. The arm            including duplex scanning, Doppler studies, standard and
is usually swollen and cyanotic.                                        MR arteriography and venography are required for patients


                                                                  480               Louisiana Register Vol. 37, No. 02 February 20, 2011
presenting with arterial or venous occlusion, as these                       4. Quantitative Sensory Testing (QST). Research is
patients may require immediate thrombolytic intervention.               not currently available on the use of QST in the evaluation
These studies are not indicated for neurogenic TOS.                     of TOS. QST tests the entire spectrum of the neurological
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   system including the brain. It is not able to reliably
23:1203.1.                                                              distinguish between organic and psychogenic pathology and
  HISTORICAL NOTE: Promulgated   by    the  Louisiana                   therefore, is not recommended.
Workforce Commission, Office of Workers Compensation                       C. Vascular Studies. Noninvasive vascular testing, such
Administration, LR 37:
                                                                        as pulse-volume recording in different positions, is not
§2223. Follow-up Diagnostic Imaging and Testing
                                                                        indicated in cases of neurogenic TOS. Since the presence or
          Procedures                                                    absence of a pulse cutoff on physical examination is not
   A. Cervical computed axial tomography or magnetic                    helpful in establishing a diagnosis of TOS, the recording of
resonance imaging (ct/mri) are generally accepted, well-                finer degrees of positional pulse alteration will not add to the
established procedures indicated to rule out cervical disc or           diagnosis. Vascular laboratory studies, including duplex
other cervical spine disorders when clinical findings suggest           scanning, Doppler studies, standard and MR arteriography
these diagnoses. It should not be routinely performed for               and venography, are not cost-effective in cases of neurogenic
TOS. MRI is the preferred test over a CT unless a fracture is           TOS. These studies are only indicated in patients who have
suspected, and then CT may be superior to MRI. CT/MRI is                arterial or venous occlusive signs. Dynamic venography
not indicated early unless there is a neurological deficit              with the arm in 180 degrees of abduction may be used in
and/or the need to rule out a space- occupying lesion, such             cases with continued swelling and/or periodic cyanosis who
as a tumor. Repeat cervical MRI is not indicated for TOS. If            have      not   improved       with    conservative     therapy.
cervical spine injury is confirmed, refer to the OWCA‘s                 Approximately 20 percent of asymptomatic individuals will
Cervical Spine Injury Medical Treatment Guidelines. If a                have an abnormal dynamic venogram. Some individuals
cervical spine disorder is not suspected, conservative therapy          may have a pectoralis minor syndrome which occludes the
as indicated in Section F, Non-operative Procedures should              axillary vein rather than the subclavian vein. In these cases,
be done for at least 8 to 12 weeks, prior to ordering an MRI            less invasive surgery than the TOS operative procedures may
for persistent symptoms.                                                be indicated.
   B. Electrodiagnostic Studies                                            D. Thermography is not generally accepted or widely
     1. Electromyography/Nerve Conduction Velocities                    used for TOS. It may be used if differential diagnosis
(EMG/NCV) is a generally accepted, well-established                     includes CRPS; in such cases refer to the OWCA‘s Complex
procedure. EMG/NCV is primarily indicated to rule out                   Regional Pain Syndrome/Reflex Sympathetic Dystrophy
other nerve entrapment syndromes such as carpal tunnel or               Medical Treatment Guidelines.
cubital tunnel syndrome when indicated by clinical                         E. Anterior scalene or pectoralis muscle blocks may be
examination, or to establish true neurogenic TOS. Most                  performed to provide additional information prior to
cases of non-specific TOS have normal electrodiagnostic                 expected surgical intervention. It is recommended that EMG
studies, but EMG/NCV should be considered when                          or sonography guidance be used to assure localization.
symptoms have been present for approximately three months                  F. Personality/psychological/psychiatric/psychosocial
or if the patient has failed eight weeks of conservative                evaluations are generally accepted and well-established
therapy. EMG/NCV may also be performed to rule out other                diagnostic procedures with selective use in the acute TOS
disorders. Somato-sensory evoked potentials (SSEPs), F                  population and more widespread use in the sub-acute and
waves and NCV across the thoracic outlet have no                        chronic TOS population.
diagnostic value and should not be performed. The diagnosis                  1. Diagnostic testing procedures may be useful for
is usually made by comparison to the normal extremity. For              patients with symptoms of depression, delayed recovery,
bilateral disease, each EMG lab must establish its own                  chronic pain, recurrent painful conditions, disability
absolute limits of latency and amplitude from volunteer                 problems, and for pre-operative evaluation as well as a
controls so that measurements exceeding these limits can be             possible predictive value for post-operative response.
noted.                                                                  Psychological testing should provide differentiation between
     2. Criteria for True Neurogenic TOS                                pre-existing depression versus injury-caused depression, as
        a. reduction of the ulnar sensory nerve action                  well as post-traumatic stress disorder.
potential to digits (usually less than 60 percent of unaffected              2. Formal psychological or psychosocial evaluation
side); or                                                               should be performed on patients not making expected
        b. medial antebrachial sensory action potential                 progress within 6-12 weeks following injury and whose
which is low or absent compared to the unaffected side; or              subjective symptoms do not correlate with objective signs
        c. reduction of the median M-wave amplitude                     and tests. In addition to the customary initial exam, the
(usually less than 50 percent of unaffected side); or                   evaluation of the injured worker should specifically address
        d. needle EMG examination reveals neurogenic                    the following areas:
changes in intrinsic hand muscles and the abductor pollicus                     a. employment history;
brevis muscle.                                                                  b. interpersonal relationships—both social and
     3. Portable automated electrodiagnostic device: (also              work;
known as surface EMG) is not a substitute for conventional                      c. leisure activities;
EMG/NCS testing in clinical decision-making, and                                d. current perception of the medical system;
therefore, is not recommended.                                                  e. results of current treatment;


                                                                  481               Louisiana Register Vol. 37, No. 02 February 20, 2011
        f. perceived locus of control; and                              patient's presentation and medical and personal perceptions.
        g. childhood history, including abuse and family                FCEs should not be used as the sole criteria to diagnose
history of disability.                                                  malingering.
      3. This information should provide clinicians with a                      b. Full FCEs are sometimes necessary. In many
better understanding of the patient, and enable a more                  cases, a work tolerance screening will identify the ability to
effective rehabilitation.                                               perform the necessary job tasks. If partial FCEs are
      4. The evaluation will determine the need for further             performed, it is recognized that all parts of the FCE that are
psychosocial interventions, and in those cases, a Diagnostic            not performed are considered normal.
Statistical Manual (DSM) of Mental Disorders diagnosis                             i.. Frequency—can be used initially to determine
should be determined and documented. An individual with a               baseline status and for case closure when patient is unlikely
PhD, PsyD, or Psychiatric MD/DO credentials should                      to return to pre-injury position and further information is
perform initial evaluations, which are generally completed              desired to determine permanent work restrictions. Prior
within one to two hours. A professional fluent in the primary           authorization is required for FCEs performed during
language of the patient is strongly preferred. When such a              treatment.
provider is not available, services of a professional language               3. Jobsite evaluation is a comprehensive analysis of
interpreter must be provided. When issues of chronic pain               the physical, mental and sensory components of a specific
are identified, the evaluation should be more extensive and             job. These components may include, but are not limited to:
follow testing procedures as outlined in the OWCA‘s                     postural tolerance (static and dynamic); aerobic
Chronic Pain Disorder Medical Treatment Guidelines.                     requirements; range of motion; torque/force; lifting/carrying;
        a. Frequency—one time visit for evaluation. If                  cognitive demands; social interactions; visual perceptual;
psychometric testing is indicated as a portion of the initial           sensation; coordination; environmental requirements;
evaluation, time for such testing should not exceed an                  repetitiveness; and essential job functions. Job descriptions
additional two hours of professional time.                              provided by the employer are helpful but should not be used
   G. Special tests are generally well-accepted tests and are           as a substitute for direct observation.
performed as part of a skilled assessment of the patients‘                      a. A jobsite evaluation may include observation and
capacity to return to work, his/her strength capacities, and            instruction of how work is done, what material changes
physical work demand classifications and tolerance. The                 (desk, chair) should be made, and determination of readiness
procedures in this subsection are listed in alphabetical order,         to return to work. Postural risk factors should be identified
not by importance.                                                      and awkward postures of overhead reach, hyperextension or
      1. Computer-enhanced evaluations may include                      rotation of the neck, shoulder drooped or forward-flexed and
isotonic, isometric, isokinetic and/or isoinertial measurement          head-chin forward postures should be eliminated. Unless
of movement, range-of-motion, endurance or strength.                    combined with one of the above postures, repetitiveness is
Values obtained can include degrees of motion, torque                   not by itself a risk factor. Refer to Cumulative Trauma
forces, pressures or resistance. Indications include                    Disorder and Shoulder Guidelines for further suggestions.
determining validity of effort, effectiveness of treatment and                     i. Requests for a jobsite evaluation should
demonstrated motivation. These evaluations should not be                describe the expected goals for the evaluation. Goals may
used alone to determine return to work restrictions. The                include, but are not limited to the following:
added value of computer enhanced evaluations is unclear.                              (a). to determine if there are potential
Targeted work tolerance screening or gradual return to work             contributing factors to the person‘s condition and/or for the
is preferred.                                                           physician to assess causality;
        a. Frequency—one time for evaluation. Can                                     (b). to make recommendations for, and to assess
monitor improvements in strength every three to four weeks              the potential for ergonomic changes;
up to a total of six evaluations.                                                     (c). to provide a detailed description of the
      2. Functional capacity evaluation (FCE) is a                      physical and cognitive job requirements;
comprehensive or modified evaluation of the various aspects                           (d). to assist the patient in their return to work by
of function as they relate to the worker‘s ability to return to         educating them on how they may be able to do their job
work. Areas such as endurance, lifting (dynamic and static),            more safely in a bio-mechanically appropriate manner;
postural tolerance, specific range of motion, coordination                            (e). to give detailed work/activity restrictions.
and strength, worker habits, employability as well as                                      (i). Frequency—one time with additional
psychosocial, cognitive, and sensory perceptual aspects of              visits as needed for follow-up per jobsite.
competitive employment may be evaluated. Components of                       4. Vocational Assessment. The vocational assessment
this evaluation may include: musculoskeletal screen;                    should provide valuable guidance in the determination of
cardiovascular profile/aerobic capacity; coordination;                  future rehabilitation program goals. It should clarify
lift/carrying analysis; job-specific activity tolerance;                rehabilitation goals, which optimize both patient motivation
maximum voluntary effort; pain assessment/psychological                 and utilization of rehabilitation resources. If prognosis for
screening; and non-material and material handling activities.           return to former occupation is determined to be poor, except
        a. When an FCE is being used to determine return                in the most extenuating circumstances, vocational
to a specific jobsite, the provider is responsible for fully            assessment should be implemented within 3 to 12 months
understanding the job duties. A jobsite evaluation is                   post-injury. Declaration of MMI should not be delayed
frequently necessary. FCEs cannot be used in isolation to               solely due to lack of attainment of a vocational assessment.
determine work restrictions. The authorized treating                            a. Frequency—one time with additional visits as
physician must interpret the FCE in light of the individual             needed for follow-up.

                                                                  482               Louisiana Register Vol. 37, No. 02 February 20, 2011
     5. Work tolerance screening is a determination of an                       1. Acupuncture is an accepted and widely used
individual's tolerance for performing a specific job based on             procedure for the relief of pain and inflammation and there
a job activity or task and may be used when a full functional             is some scientific evidence to support its use. The exact
capacity evaluation is not indicated. The screening is                    mode of action is only partially understood. Western
monitored by a therapist and may include a test or procedure              medicine literature suggests that acupuncture stimulates the
to specifically identify and quantify work-relevant                       nervous system at the level of the brain, promotes deep
cardiovascular, physical fitness and postural tolerance. It               relaxation, and affects the release of neurotransmitters.
may also address ergonomic issues affecting the patient‘s                 Acupuncture is commonly used as an alternative or in
return-to-work potential.                                                 addition to traditional Western pharmaceuticals. While it is
       a. Frequency—one time for initial screen. May                      commonly used when pain medication is reduced or not
monitor improvements in strength every three to four weeks                tolerated, it may be used as an adjunct to physical
up to a total of six visits.                                              rehabilitation and/or surgical intervention to hasten the
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     return of functional activity. Acupuncture should be
23:1203.1.                                                                performed by licensed practitioners.
  HISTORICAL NOTE: Promulgated   by    the  Louisiana                             a. Acupuncture is the insertion and removal of
Workforce Commission, Office of Workers Compensation                      filiform needles to stimulate acupoints (acupuncture points).
Administration, LR 37:
                                                                          Needles may be inserted, manipulated and retained for a
§2225. Therapeutic Procedures—Non-Operative
     NOTE: Treating providers, as well as employers and insurers
                                                                          period of time. Acupuncture can be used to reduce pain,
     are highly encouraged to reference the General Guideline             reduce inflammation, increase blood flow, increase range of
     Principles prior to initiation of any therapeutic procedure.         motion, decrease the side effect of medication-induced
   A. Initial Treatment Recommendations. Vascular cases                   nausea, promote relaxation in an anxious patient, and reduce
will require surgical management and thus are not                         muscle spasm.
appropriate candidates for initial non-operative therapy.                             i. Indications include joint pain, joint stiffness,
Cases of ―non-specific‖ (also called disputed) TOS are                    soft tissue pain and inflammation, paresthesia, post-surgical
treated conservatively first for a minimum of three months.               pain relief, muscle spasm, and scar tissue pain.
Patients undergoing therapeutic procedures may return to                          b. Acupuncture with electrical stimulation is the use
modified or restricted duty during their rehabilitation, at the           of electrical current (micro-amperage or milli-amperage) on
earliest appropriate time. Cessation and/or review of                     the needles at the acupuncture site. It is used to increase
treatment modalities should be undertaken when no further                 effectiveness of the needles by continuous stimulation of the
significant subjective or objective improvement in the                    acupoint. Physiological effects (depending on location and
patient‘s condition is noted. Most literature of conservative             settings) can include endorphin release for pain relief,
therapy for TOS suggest benefit for patients with non-                    reduction of inflammation, increased blood circulation,
specific TOS. Non-surgical patients may be less likely to                 analgesia through interruption of pain stimulus, and muscle
lose as much time from work as surgical patients. Initial                 relaxation.
treatment for TOS patients without indications for early                              i. It is indicated to treat chronic pain conditions,
surgery should include, patient education, jobsite alterations            radiating pain along a nerve pathway, muscle spasm,
(especially if job activities are related to symptoms),                   inflammation, scar tissue pain, and pain located in multiple
neuromuscular education to emphasis proper breathing                      sites.
techniques and posture, nerve gliding and core body                               c. Total time frames for acupuncture and
therapeutic exercise.                                                     acupuncture with electrical stimulation time frames are not
   B. Postural risk factors should be identified. Awkward                 meant to be applied to each of the above sections separately.
postures of overhead reach, hyperextension or rotation of the             The time frames are to be applied to all acupuncture
neck, shoulder drooped or forward-flexed and head-chin                    treatments regardless of the type or combination of therapies
forward postures should be eliminated. Proper breathing                   being provided.
techniques are also part of the treatment plan.                                       i. Time to Produce Effect—three to six
   C. Therapy is primarily a daily self-managed home                      treatments.
program developed and supervised by an appropriately                                 ii. Frequency—one to three times per week.
trained professional. Nerve gliding and upper extremity                            iii. Optimum Duration—one to two months.
stretching usually involves the following muscle groups:                            iv. Maximum Duration—14 treatments.
scalene, pectoralis minor, trapezius and levator scapulae.                              (a). Any of the above acupuncture treatments
Endurance or strengthening of the upper extremities early in              may extend longer if objective functional gains can be
the course of therapy is not recommended, as this may                     documented or when symptomatic benefits facilitate
exacerbate cervical or upper extremity symptoms.                          progression in the patient‘s treatment program. Treatment
   D. Jobsite evaluation should be done early in all non-                 beyond 14 treatments must be documented with respect to
traumatic cases and should be performed by a qualified                    need and ability to facilitate positive symptomatic or
individual in all cases of suspected occupational TOS.                    functional gains. Such care should be re-evaluated and
Postural risk factors discussed above should be considered                documented with each series of treatments.
when making jobsite changes. Unless combined with one of                          d. Other Acupuncture Modalities. Acupuncture
the above postures, repetition alone is not a risk factor. Work           treatment is based on individual patient needs and therefore
activities need to be modified early in treatment to avoid                treatment may include a combination of procedures to
further exposure to risk factors.


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enhance treatment effect. Other procedures may include the               mobilization and physical modalities. There is conflicting
use of heat, soft tissue manipulation/massage, and exercise.             evidence regarding the benefit of trigger point injections. A
Refer to Active Therapy (Therapeutic Exercise) and, Passive              truly blinded study comparing dry needle treatment of
Therapy sections (Massage and Superficial Heat and Cold                  trigger points is not feasible. There is no evidence that
Therapy) for a description of these adjunctive acupuncture               injection of medications improves the results of trigger-point
modalities and time frames.                                              injections. Needling alone may account for some of the
     2. Biofeedback is a form of behavioral medicine that                therapeutic response.
helps patients learn self-awareness and self-regulation skills                     ii There is no indication for conscious sedation
for the purpose of gaining greater control of their                      for patients receiving trigger point injections. The patient
physiology, such as muscle activity, brain waves, and                    must be alert to help identify the site of the injection.
measures of autonomic nervous system activity. Electronic                         iii. Indications. Trigger point injections may be
instrumentation is used to monitor the targeted physiology               used to relieve myofascial pain and facilitate active therapy
and then displayed or fed back to the patient visually,                  and stretching of the affected areas. They are to be used as
auditorily, or tactilely, with coaching by a biofeedback                 an adjunctive treatment in combination with other treatment
specialist. Biofeedback is provided by clinicians certified in           modalities such as functional restoration programs. Trigger
biofeedback and/or who have documented specialized                       point injections should be utilized primarily for the purpose
education, advanced training, or direct or supervised                    of facilitating functional progress. Patients should continue
experience qualifying them to provide the specialized                    with a therapeutic exercise program as tolerated throughout
treatment needed (e.g., surface EMG, EEG, or other).                     the time period they are undergoing intensive myofascial
        a. Treatment is individualized to the patient‘s work-            interventions. Myofascial pain is often associated with other
related diagnosis and needs. Home practice of skills is                  underlying structural problems and any abnormalities need
required for mastery and may be facilitated by the use of                to be ruled out prior to injection.
home training tapes. The ultimate goal in biofeedback                             iv. Trigger point injections are indicated in those
treatment is normalizing the physiology to the pre-injury                patients where well circumscribed trigger points have been
status to the extent possible and involves transfer of learned           consistently observed, demonstrating a local twitch
skills to the workplace and daily life. Candidates for                   response, characteristic radiation of pain pattern and local
biofeedback therapy or training must be motivated to learn               autonomic reaction, such as persistent hyperemia following
and practice biofeedback and self-regulation techniques.                 palpation. Generally, these injections are not necessary
        b. Indications for biofeedback include individuals               unless consistently observed trigger points are not
who are suffering from musculoskeletal injury where muscle               responding       to    specific,    noninvasive,      myofascial
dysfunction or other physiological indicators of excessive or            interventions within approximately a six-week time frame.
prolonged stress response affects and/or delays recovery.                          v. Complications. Potential but rare complications
Other applications include training to improve self-                     of trigger point injections include infection, pneumothorax,
management of emotional stress/pain responses such as                    anaphylaxis, neurapraxia, and neuropathy. If corticosteroids
anxiety, depression, anger, sleep disturbance, and other                 are injected in addition to local anesthetic, there is a risk of
central and autonomic nervous system imbalances.                         local myopathy developing. Severe pain on injection
Biofeedback is often utilized along with other treatment                 suggests the possibility of an intraneural injection, and the
modalities.                                                              needle should be immediately repositioned.
            i. Time to Produce Effect—three to four sessions.                         (a). Time to Produce Effect—local anesthetic, 30
           ii. Frequency—one to two times per week.                      minutes; no anesthesia, 24 to 48 hours.
         iii. Optimum Duration—five to six sessions.                                  (b). Frequency—weekly, suggest no more than
          iv. Maximum Duration: 10 to 12 sessions.                       four injection sites per session per week to avoid significant
Treatment beyond 12 sessions must be documented with                     post-injection soreness.
respect to need, expectation, and ability to facilitate positive                      (c). Optimal Duration—four weeks.
symptomatic or functional gains.                                                      (d). Maximum         Duration—eight           weeks.
     3. Injections—Therapeutic                                           Occasional patients may require two to four repetitions of
        a. Scalene blocks have no therapeutic role in the                trigger point injection series over a one to two year period.
treatment of TOS.                                                             4. Medications:
        b. Trigger point injections, although generally                         a. Thrombolytic agents will be required for some
accepted, are not routinely used in cases of TOS. However, it            vascular TOS conditions.
is not unusual to find myofascial trigger points associated                     b. Medication use is appropriate for pain control in
with TOS pathology, which may require injections.                        TOS. A thorough medication history, including use of
            i. Description. Trigger point treatment can                  alternative and over the counter medications, should be
consist of dry needling or injection of local anesthetic with            performed at the time of the initial visit and updated
or without corticosteroid into highly localized, extremely               periodically.
sensitive bands of skeletal muscle fibers that produce local                    c. Acetaminophen is an effective and safe initial
and referred pain when activated. Medication is injected in a            analgesic. Nonsteroidal anti-inflammatory drugs (NSAIDs)
four-quadrant manner in the area of maximum tenderness.                  are useful in the treatment of inflammation, and for pain
Injection efficacy can be enhanced if injections are                     control. Pain is subjective in nature and should be evaluated
immediately       followed    by    myofascial      therapeutic          using a scale to rate effectiveness of the analgesic in terms of
interventions, such as vapo-coolant spray and stretch,                   functional       gain.    Other      medications,       including
ischemic pressure massage (myotherapy), specific soft tissue             antidepressants and anti-convulsants, may be useful in

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selected patients with neuropathic and/or chronic pain (Refer                               vi. Drug                   Interactions—oral
to the OWCA‘s Chronic Pain Guidelines). Narcotics are                    contraceptives, cimetidine, antacids.
rarely indicated for treatment of TOS, and they should be                                  vii. Recommended                   Laboratory
primarily reserved for the treatment of acute severe pain for            Monitoring—renal function.
a limited time on a case-by-case basis. Topical agents may                        iii. Antidepressants are classified into a number of
be beneficial in the management of localized upper                       categories based on their chemical structure and their effects
extremity pain.                                                          on neurotransmitter systems. Their effects on depression are
       d. The use of a patient completed pain drawing,                   attributed to their actions on disposition of norepinephrine
Visual Analog Scale (VAS), is highly recommended to help                 and serotonin at the level of the synapse; although these
providers track progress. Functional objective goals should              synaptic actions are immediate, the symptomatic response in
be monitored regularly to determine the effectiveness of                 depression is delayed by several weeks. When used for
treatment. The patient should be advised regarding the                   chronic pain, the effects may in part arise from treatment of
interaction with prescription and over-the-counter herbal                underlying depression, but may also involve additional
products.                                                                neuromodulatory effects on endogenous opioid systems,
       e. The following medications are listed in                        raising pain thresholds at the level of the spinal cord.
alphabetical order.                                                                   (a). Pain responses may occur at lower drug
          i. Acetaminophen is an effective analgesic with                doses with shorter times to symptomatic response than are
antipyretic     but      not    anti-inflammatory      activity.         observed when the same compounds are used in the
Acetaminophen is generally well tolerated, causes little or no           treatment of mood disorders. Neuropathic pain, diabetic
gastrointestinal irritation and is not associated with ulcer             neuropathy, post-herpetic neuralgia, and cancer-related pain
formation. Acetaminophen has been associated with liver                  may respond to antidepressant doses low enough to avoid
toxicity in overdose situations or in chronic alcohol use.               adverse effects that often complicate the treatment of
Patients may not realize that many over-the-counter                      depression.
preparations may contain acetaminophen. The total daily                                    (i). Tricyclics (e.g., amitryptiline [Elavil],
dose of acetaminophen is recommended not to exceed 2250                  nortriptyline [Pamelor, Aventyl], doxepin [Sinequan,
mg per 24 hour period, from all sources, including narcotic-             Adapin])
acetaminophen combination preparations.                                                          [a]. Description—serotonergics,
            (a). Optimal Duration—7 to 10 days.                          typically tricyclic antidepressants (TCAs), are utilized for
            (b). Maximum Duration—chronic use as                         their serotonergic properties as increasing CNS serotonergic
indicated on a case-by-case basis. Use of this substance                 tone can help decrease pain perception in non-antidepressant
long-term for three days per week or greater may be                      dosages. Amitriptyline is known for its ability to repair Stage
associated with rebound pain upon cessation.                             4 sleep architecture, a frequent problem found in chronic
         ii. Anticonvulsants. Although the mechanism of                  pain patients and to treat depression, frequently associated
action of anticonvulsant drugs in neuropathic pain states                with chronic pain.
remains to be fully defined, they appear to act as                                               [b]. Indications—chronic
nonselective sodium channel blocking agents. A large variety             musculoskeletal and/or neuropathic pain, insomnia. Second
of sodium channels are present in nervous tissue, and some               line drug treatment for depression.
of these are important mediators of nociception, as they are                                     [c]. Major          Contraindications—
found primarily in unmyelinated fibers and their density                 cardiac disease or dysrhythmia, glaucoma, prostatic
increases     following      nerve     injury.    While     the          hypertrophy, seizures, suicide risk.
pharmacodynamic effects of the various anticonvulsant                                            [d]. Dosing and Time to Therapeutic
drugs are similar, the pharmacokinetic effects differ                    Effect—varies by specific tricyclic. Low dosages are
significantly. Carbamazepine has important effects as an                 commonly used for chronic pain and/or insomnia.
inducer of hepatic enzymes and may influence the                                                 [e]. Major         Side        Effects—
metabolism of other drugs enough to present problems in                  anticholinergic side effects including, but not limited to, dry
patients taking more than one drug. Gabapentin and                       mouth, sedation, orthostatic hypotension, cardiac
oxcarbazepine, by contrast, are relatively non-significant               arrhythmia, weight gain.
enzyme inducers, creating fewer drug interactions. Because                                       [f]. Drug        Interactions—tramadol
anticonvulsant drugs may have more problematic side-effect               (may        cause      seizures),    clonidine,      cimetidine,
profiles, their use should usually be deferred until                     sympathomimetics, valproic acid, warfarin, carbamazepine,
antidepressant drugs have failed to relieve pain.                        bupropion, anticholinergics, quinolones.
            (a). Gabapentin (Neurontin)                                                          [g]. Recommended             Laboratory
                 (i). Description—structurally related to                Monitoring—renal and hepatic function. Electrocardiogram
gamma aminobutyric acid (GABA) but does not interact                     (EKG) for those on high dosages or with cardiac risk.
with GABA receptors.                                                              iv. Minor tranquilizer/muscle relaxants are
                (ii). Indications—neuropathic pain.                      appropriate for muscle spasm, mild pain and sleep disorders.
               (iii). Relative        Contraindications—renal                         (a). Optimum Duration—up to one week.
insufficiency.                                                                        (b). Maximum Duration—four weeks.
                  iv. Dosing and Time to Therapeutic                               v. Narcotics medications should be prescribed
Effect—dosage may be increased over several days.                        with strict time, quantity and duration guidelines, and with
                   v. Major      Side      Effects—confusion,            definitive cessation parameters. Adverse effects include
sedation.

                                                                   485               Louisiana Register Vol. 37, No. 02 February 20, 2011
respiratory depression, impaired alertness, and the                                      (ii). COX-2 inhibitors should not be first-
development of physical and psychological dependence.                  line for low risk patients who will be using an NSAID short-
             (a). Optimum Duration—up to seven days.                   term but are indicated in select patients for whom traditional
             (b). Maximum Duration—two weeks. Use                      NSAIDs are not tolerated. Serious upper GI adverse events
beyond two weeks is acceptable in appropriate cases, such as           can occur even in asymptomatic patients. Patients at high
patients requiring complex surgical treatment.                         risk for GI bleed include those who use alcohol, smoke, are
         vi. Nonsteroidal        Anti-Inflammatory       Drugs         older than 65, take corticosteroids or anti-coagulants, or
(NSAIDs) are useful for pain and inflammation. In mild                 have a longer duration of therapy. Celecoxib is
cases, they may be the only drugs required for analgesia.              contraindicated in sulfonamide allergic patients.
There are several classes of NSAIDs, and the response of the                                   [a]. Optimal Duration—7 to 10 days.
individual injured worker to a specific medication is                                          [b]. Maximum Duration—chronic use
unpredictable. For this reason, a range of NSAIDs may be               is appropriate in individual cases. Use of these substances
tried in each case with the most effective preparation being           long-term (three days per week or greater) is associated with
continued. Patients should be closely monitored for adverse            rebound pain upon cessation.
reactions. The US Food and Drug Administration advises                      5. Occupational Rehabilitation Programs
that many NSAIDs may cause an increased risk of serious                        a. Non-Interdisciplinary. These generally accepted
cardiovascular thrombotic events, myocardial infarction, and           programs are work-related, outcome-focused, individualized
stroke, which can be fatal. Naproxen sodium does not appear            treatment programs. Objectives of the program include, but
to be associated with increased risk of vascular events.               are not limited to, improvement of cardiopulmonary and
Administration of proton pump inhibitors, Histamine 2                  neuromusculoskeletal functions (strength, endurance,
Blockers, or prostaglandin analog misoprostol along with               movement, flexibility, stability, and motor control functions),
these NSAIDs may reduce the risk of duodenal and gastric               patient education, and symptom relief. The goal is for
ulceration but do not impact possible cardiovascular                   patients to gain full or optimal function and return to work.
complications. Due to the cross-reactivity between aspirin             The service may include the time-limited use of passive
and NSAIDs, NSAIDs should not be used in aspirin-                      modalities with progression to achieve treatment and/or
sensitive patients, and should be used with caution in all             simulated/real work. These programs are frequently
asthma patients. NSAIDs are associated with abnormal renal             necessary for patients who must return to physically
function, including renal failure, as well as, abnormal liver          demanding job duties or whose injury requires prolonged
function. Certain NSAIDs may have interactions with                    rehabilitation and therapy spanning several months.
various other medications. Individuals may have adverse                           i. Work Conditioning. These programs are
events not listed above. Intervals for metabolic screening are         usually initiated once reconditioning has been completed but
dependent upon the patient's age, general health status and            may be offered at any time throughout the recovery phase. It
should be within parameters listed for each specific                   should be initiated when imminent return of a patient to
medication. Complete Blood Count (CBC), and liver and                  modified or full duty is not an option, but the prognosis for
renal function should be monitored at least every six months           returning the patient to work at completion of the program is
in patients on chronic NSAIDs and initially when indicated.            at least fair to good.
             (a). Non-selective       Nonsteroidal       Anti-                      (a). Length of Visit—one to two hours per day.
Inflammatory Drugs                                                                  (b). Frequency—two to five visits per week.
                  (i). Includes NSAIDs and acetylsalicylic                          (c). Optimum Duration—two to four weeks.
acid (aspirin). Serious GI toxicity, such as bleeding,                              (d). Maximum          Duration—six         weeks.
perforation, and ulceration can occur at any time, with or             Participation in a program beyond six weeks must be
without warning symptoms in patients treated with                      documented with respect to need and the ability to facilitate
traditional NSAIDs. Physicians should inform patients about            positive symptomatic or functional gains.
the signs and/or symptoms of serious gastrointestinal                            ii. Work Simulation. Work Simulation is a
toxicity and what steps to take if they occur. Anaphylactoid           program where an individual completes specific work-
reactions may occur in patients taking NSAIDs. NSAIDs                  related tasks for a particular job and return-to-work. Use of
may interfere with platelet function. Fluid retention and              this program is appropriate when modified duty can only be
edema have been observed in some patients taking NSAIDs.               partially accommodated in the work place, when modified
                        [a]. Optimal Duration—one week.                duty in the work place is unavailable, or when the patient
                        [b]. Maximum Duration—one year.                requires more structured supervision. The need for work
Use of these substances long-term (three days per week or              place simulation should be based upon the results of a
greater) is associated with rebound pain upon cessation.               functional capacity evaluation and/or jobsite analysis.
             (b). Selective   Cyclo-oxygenase-2       (COX-2)                       (a). Length of Visit—two to six hours per day.
Inhibitors                                                                          (b). Frequency—two to five visits per week.
                  (i). COX-2 inhibitors are more recent                             (c). Optimum Duration—two to four weeks.
NSAIDs and differ in adverse side effect profiles from the                          (d). Maximum          Duration—six         weeks.
traditional NSAIDs. The major advantages of selective                  Participation in a program beyond six weeks must be
COX-2 inhibitors over traditional NSAIDs are that they have            documented with respect to need and the ability to facilitate
less gastrointestinal toxicity and no platelet effects. COX-2          positive symptomatic or functional gains.
inhibitors can worsen renal function in patients with renal                    b. Interdisciplinary programs are well-established
insufficiency, thus renal function may need monitoring.                treatment for patients with sub-acute and functionally


                                                                 486               Louisiana Register Vol. 37, No. 02 February 20, 2011
impairing cervical spine pain. They are characterized by a                   7. Personality/Psychosocial/Psychiatric/Psychological
variety of disciplines that participate in the assessment,              Intervention. Psychosocial treatment is generally accepted,
planning, and/or implementation of an injured workers                   widely used, and well-established intervention. This group
program with the goal for patients to gain full or optimal              of therapeutic and diagnostic modalities includes, but is not
function and return to work. There should be close                      limited to, individual counseling, group therapy, stress
interaction and integration among the disciplines to ensure             management, psychosocial crises intervention, hypnosis and
that all members of the team interact to achieve team goals.            meditation. Any evaluation or diagnostic workup should
Programs should include cognitive-behavioral therapy as                 clarify and distinguish between pre-existing versus
there is good evidence for its effectiveness in patients with           aggravated versus purely causative psychological conditions.
chronic low back pain and it is probably effective in cervical          Psychosocial intervention is recommended as an important
spine pain. These programs are for patients with greater                component in the total management program that should be
levels of disability, dysfunction, deconditioning and                   implemented as soon as the problem is identified. This can
psychological involvement. For patients with chronic pain,              be used alone or in conjunction with other treatment
refer to the Chronic Pain Disorder Medical Treatment                    modalities. Providers treating patients with chronic pain
Guidelines.                                                             should refer to the OWCA‘s Chronic Pain Disorder Medical
        i. Work Hardening. Work hardening is an                         Treatment Guidelines.
interdisciplinary      program    addressing     a    patient‘s                 a. Time to Produce Effect—two to four weeks.
employability and return to work. It includes a progressive                     b. Frequency—one to three times weekly for the
increase in the number of hours per day that a patient                  first four weeks (excluding hospitalization, if required),
completes work simulation tasks until the patient can                   decreasing to one to two times per week for the second
tolerate a full workday. This is accomplished by addressing             month. Thereafter, two to four times monthly.
the medical, psychological, behavioral, physical, functional,                   c. Optimum Duration—six weeks to three months.
and vocational components of employability and return-to-                       d. Maximum Duration—3 to 12 months.
work.                                                                   Counseling is not intended to delay but to enhance
            (a). This can include a highly structured program           functional recovery. For select patients, longer supervised
involving a team approach or can involve any of the                     treatment may be required and if further counseling beyond
components thereof. The interdisciplinary team should, at a             3 months is indicated, extensive documentation addressing
minimum, be comprised of a qualified medical director who               which pertinent issues are pre-existing versus aggravated
is board certified with documented training in occupational             versus causative, as well as projecting a realistic functional
rehabilitation; team physicians having experience in                    prognosis, should be provided by the authorized treating
occupational rehabilitation; occupational therapy; physical             provider every 4 to 6 weeks during treatment.
therapy; case manager; and psychologist. As appropriate, the                 8. Return-to-Work. Early return-to-work should be a
team may also include: chiropractor, RN, vocational                     prime goal in treating occupational injuries given the poor
specialist or certified biofeedback therapist.                          return-to-work prognosis for an injured worker who has
                  (i). Length of Visit—up to eight hours/day.           been out of work for more than six months. It is imperative
                 (ii). Frequency—two to five visits per                 that the patient be educated regarding the benefits of return-
week.                                                                   to-work, work restrictions, and follow-up care if problems
                (iii). Optimal Duration—two to four weeks.              arise. When attempting to return a patient to work after a
                (iv). Maximum         Duration—six      weeks.          specific injury, clear objective restrictions of activity level
Participation in a program beyond six weeks must be                     should be made. An accurate job description with detailed
documented with respect to need and the ability to facilitate           physical duty restrictions may be necessary to assist the
positive symptomatic or functional gains.                               physician in making return-to-work recommendations. This
     6. Patient Education. No treatment plan is complete                may require a jobsite evaluation.
without addressing issues of individual and/or group patient                    a. Employers should be prepared to offer
education as a means of prolonging the beneficial effects of            transitional work. This may consist of temporary work in a
treatment, as well as facilitating self-management of                   less demanding position, return to the regular job with
symptoms and injury prevention. The patient should be                   restrictions, or gradual return to the regular job. Company
encouraged to take an active role in the establishment of               policies which encourage return-to-work with positive
functional outcome goals. They should be educated on their              communication are most likely to have decreased worker
specific injury, assessment findings, and plan of treatment.            disability.
Instruction on breathing technique, proper body mechanics                       b. Return-to-Work—any work or duty that the
and posture, positions to avoid, self-care for exacerbation of          patient is able to perform safely. It may not be the patient‘s
symptoms, sleep postures, and home exercise should also be              regular work. Due to the large spectrum of injuries of
addressed. Patients with TOS may find that sleeping on the              varying severity and varying physical demands in the work
affected side, with the arms overhead or prone with head to             place, it is not possible to make specific return-to-work
one side can increase symptoms and should be avoided.                   guidelines for each injury. Therefore, the OWCA
Cervical roll pillows that do not result in overextension may           recommends the following:
be useful.                                                                        i. Establishment of a Return-to-Work Status.
        a. Time to Produce Effect—varies with individual                Ascertaining a return-to-work status is part of medical care,
patient.                                                                should be included in the treatment and rehabilitation plan,
        b. Frequency—should occur at each visit.                        and addressed at every visit. A description of daily activity
                                                                        limitations is part of any treatment plan and should be the

                                                                  487               Louisiana Register Vol. 37, No. 02 February 20, 2011
basis for restriction of work activities. In most non-surgical          assisted training, and/or adaptation of activities or equipment
cases, the patient should be able to return-to-work in some             to improve a person's capacity in normal daily activities such
capacity or in an alternate position consistent with medical            as self-care, work re-integration training, homemaking, and
treatment within several days unless there are extenuating              driving.
circumstances. Injuries requiring more than two weeks off                            (a). Time to Produce Effect—four to five
work should be thoroughly documented.                                   treatments.
          ii. Establishment of Activity Level Restrictions.                          (b). Frequency—three to five times per week.
Communication is essential between the patient, employer                             (c). Optimum Duration—four to six weeks.
and provider to determine appropriate restrictions and                               (d). Maximum Duration—six weeks.
return-to-work dates. It is the responsibility of the physician                   ii. Aquatic therapy is a well-accepted treatment
to provide clear concise restrictions, and it the employer‘s            which consists of the therapeutic use of aquatic immersion
responsibility to determine if temporary duties can be                  for therapeutic exercise to promote range-of-motion, core
provided within the restrictions. For treatment of TOS                  stabilization, endurance, flexibility, strengthening, body
injuries, the following should be addressed when describing             mechanics, and pain management. Aquatic therapy includes
the patient‘s activity level:                                           the implementation of active therapeutic procedures in a
             (a). activities such as overhead motion, lifting,          swimming or therapeutic pool. The water provides a
abduction;                                                              buoyancy force that lessens the amount of force gravity
             (b). static neck and shoulder positions with               applies to the body. The decreased gravity effect allows the
regard to duration and frequency;                                       patient to have a mechanical advantage and more likely have
             (c). restriction of cervical hyperextension;               a successful trial of therapeutic exercise. Literature has
             (d). use of adaptive devices or equipment for              shown that the muscle recruitment for aquatic therapy versus
proper ergonomics and to enhance capacities;                            similar non–aquatic motions is significantly less. Because
             (e). maximum Lifting limits with reference to the          there is always a risk of recurrent or additional damage to
frequency of the lifting and/or the object height level;                the muscle tendon unit after a surgical repair, aquatic therapy
             (f). maximum limits for pushing, pulling, with             may be preferred by surgeons to gain early return of range of
limits on bending and twisting at the waist as necessary; and           motion. In some cases the patient will be able to do the
             (g). testrictions on ‗shoulder drooped‘ or ‗head           exercises unsupervised after the initial supervised session.
forward‘ positions.                                                     Parks and recreation contacts may be used to develop less
         iii. Compliance with Activity Restrictions. In some            expensive facilities for patients. Indications include:
cases, compliance with restriction of activity levels may                            (a). postoperative therapy as ordered by the
require a complete jobsite evaluation, a functional capacity            surgeon; or Intolerance for active land-based or full-weight
evaluation (FCE), or other special testing. Refer to the                bearing therapeutic procedures; or
special tests section of this guideline.                                             (b). symptoms that are exacerbated in a dry
     9. Therapy-active. The following active therapies are              environment; and
widely used and accepted methods of care for a variety of                            (c). willingness to follow through with the
work-related injuries. They are based on the philosophy that            therapy on a regular basis.
therapeutic exercise and/or activity are beneficial for                                   (i). The pool should be large enough to
restoring flexibility, strength, endurance, function, range of          allow full extremity range of motion and fully erect posture.
motion, and can alleviate discomfort. Active therapy requires           Aquatic vests, belts, snorkels, and other devices may be used
physical effort by the individual to complete a specific                to provide stability, balance, buoyancy, and resistance.
exercise or task. This form of therapy requires supervision                                     [a]. Time to Produce Effect—four to
from a therapist or medical provider such as verbal, visual,            five treatments.
and/or tactile instruction(s). At times, the provider may help                                  [b]. Frequency—three to five times
stabilize the patient or guide the movement pattern but the             per week.
energy required to complete the task is predominately                                           [c]. Optimum Duration: Four to six
executed by the patient.                                                weeks.
        a. Patients should be instructed to continue active                                     [d]. Maximum Duration: eight weeks
therapies at home as an extension of the treatment process in                            (ii). A      self-directed       program     is
order to maintain improvement levels. Follow-up visits to               recommended after the supervised aquatics program has
reinforce and monitor progress and proper technique are                 been established, or, alternatively a transition to a self-
recommended. Home exercise can include exercise with or                 directed dry environment exercise program.
without mechanical assistance or resistance and functional                              (iii). Functional      activities    are   well-
activities with assistive devices.                                      established interventions which involve the use of
        b. The use of a patient completed pain drawing,                 therapeutic activity to enhance mobility, body mechanics,
Visual Analog Scale (VAS), is highly recommended to help                employability, coordination, balance, and sensory motor
providers track progress. Functional objective goals should             integration.
be monitored and documented regularly to determine the                                          [a]. Time to Produce Effect—four to
effectiveness of treatment.                                             five treatments.
        c. The following active therapies are listed in                                         [b]. Frequency—three to five times
alphabetical order.                                                     per week.
           i. Activities of daily living (ADL) are well-                                        [c]. Optimum Duration—four to six
established interventions which involve instruction, active-            weeks.

                                                                  488               Louisiana Register Vol. 37, No. 02 February 20, 2011
                        [d]. Maximum Duration—six weeks.                 including increased range of motion must be demonstrated
                (iv). Nerve Gliding is an accepted therapy               to justify continuing treatment.
for TOS. Nerve Gliding exercises consist of a series of                       10. Therapy—Passive. The following passive therapies
gentle movements of the neck, shoulder and arm that                      and modalities are generally accepted methods of care for a
produce longitudinal movement along the length of the                    variety of work-related injuries. Passive therapy includes
nerves of the upper extremity. These exercises are based on              those treatment modalities that do not require energy
the principle that the tissues of the peripheral nervous system          expenditure on the part of the patient. They are principally
are designed for movement, and glide (excursion) of nerves               effective during the early phases of treatment and are
may have an effect on neurophysiology through alterations                directed at controlling symptoms such as pain, inflammation
in vascular and axoplasmic flow. Biomechanical principles                and swelling and to improve the rate of healing soft tissue
have been more thoroughly studied than clinical outcomes.                injuries. They should be use adjunctively with active
The exercises should be done by the patient after proper                 therapies such as postural stabilization and exercise
instruction and monitoring by the therapist.                             programs to help control swelling, pain and inflammation
                        [a]. Time to Produce Effect—two to               during the rehabilitation process. Please refer to, General
four weeks.                                                              Guidelines Principles, Active Interventions. Passive
                        [b]. Frequency—up to five times per              therapies may be used intermittently as a therapist deems
day by patient (patient-initiated).                                      appropriate or regularly if there are specific goals with
                        [c]. Optimum Duration—four to six                objectively measured functional improvements during
sessions.                                                                treatment.
                        [d]. Maximum Duration—six to eight                       a. On occasion, specific diagnoses and post-surgical
sessions.                                                                conditions may warrant durations of treatment beyond those
                 (v). Neuromuscular re-education is a                    listed as "maximum.‖ Factors such as exacerbation of
generally accepted treatment. Neuromuscular re-education is              symptoms, re-injury, interrupted continuity of care, and
the skilled application of exercise with manual, mechanical,             comorbidities may also extend durations of care. Specific
or electrical facilitation to enhance strength; movement                 goals with objectively measured functional improvement
patterns;     neuromuscular        response;     proprioception,         during treatment must be cited to justify extended durations
kinesthetic sense, coordination; education of movement,                  of care. It is recommended that, if no functional gain is
balance and posture. Indications include the need to promote             observed after the number of treatments under ―time to
neuromuscular responses through carefully timed                          produce effect‖ has been completed, alternative treatment
proprioceptive stimuli to elicit and improve motor activity in           interventions, further diagnostic studies, or further
patterns similar to normal neurologically developed                      consultations should be pursued.
sequences, and improve neuromotor response with                                  b. The following passive therapies and modalities
independent                                                              are listed in alphabetical order.
                        [a]. Time to Produce Effect—two to                          i. Electrical stimulation (unattended) is an
six treatments.                                                          accepted treatment. Once applied, electrical stimulation
                        [b]. Frequency—three        times    per         (unattended) requires minimal on-site supervision by the
week.                                                                    physical therapists, occupational therapist or other provider.
                        [c]. Optimum Duration—four to eight              Indications include pain, inflammation, muscle spasm,
weeks.                                                                   atrophy, decreased circulation, and the need for osteogenic
                        [d]. Maximum            Duration—eight           stimulation. A home unit should be purchased if treatment is
weeks.                                                                   effective and frequent use is recommended.
                (vi). Therapeutic exercise is a generally                             (a). Time to Produce Effect—two to four
well-accepted treatment. Therapeutic exercise with or                    treatments.
without mechanical assistance or resistance, may include                              (b). Frequency—varies,      depending       upon
isoinertial, isotonic, isometric and isokinetic types of                 indication, between two to three times/day to one time/week;
exercises. The exact type of program and length of therapy                            (c). Optimum Duration—one to three months;
should be determined by the treating physician with the                               (d). Maximum Duration—three months.
physical or occupational therapist. In most cases the                              ii. Iontophoresis is an accepted treatment which
therapist instructs the patient in a supervised clinic and home          consists of the transfer of medication, including, but not
program to increase motion and subsequently increase                     limited to, steroidal anti-inflammatories and anesthetics,
strength. Usually, isometrics are performed initially,                   through the use of electrical stimulation. Indications include
progressing to isotonic exercises as tolerated.                          pain (lidocaine), inflammation (hydrocortisone, salicylate),
                        [a]. time to produce effect: two to six          edema (mecholyl, hyaluronidase, and salicylate), ischemia
treatments;                                                              (magnesium, mecholyl, and iodine), muscle spasm
                        [b]. frequency: two to three times per           (magnesium, calcium), calcifying deposits (acetate), scars,
week;                                                                    and keloids (sodium chloride, iodine, acetate).
                        [c]. optimum duration: 16 to 24                               (a). Time to Produce Effect—one to four
sessions;                                                                treatments.
                        [d]. maximum duration: 36 sessions.                           (b). Frequency—three times per week with at
Additional visits may be necessary in cases of re-injury,                least 48 hours between treatments.
interrupted continuity of care, exacerbation of symptoms,                             (c). Optimum Duration—8 to 10 treatments.
and in those patients with comorbidities. Functional gains                            (d). Maximum Duration—10 treatments.

                                                                   489              Louisiana Register Vol. 37, No. 02 February 20, 2011
          iii. Manipulation is a generally accepted treatment.             movement if they so choose. It may include skilled manual
Manipulative treatment (not therapy) is defined as the                     joint tissue stretching. Indications include the need to
therapeutic application of manually guided forces by an                    improve joint play, improve intracapsular arthrokinematics,
operator to improve physiologic function and/or support                    or reduce pain associated with tissue impingement.
homeostasis that has been altered by the injury or                                      (a). Time to Produce Effect—six to nine
occupational disease, and has associated clinical                          treatments.
significance.                                                                           (b). Frequency—three times per week.
              (a). High velocity, low amplitude (HVLA)                                  (c). Optimum Duration—six weeks.
technique,         chiropractic     manipulation,      osteopathic                      (d). Maximum Duration—two months.
manipulation, muscle energy techniques, counter strain, and                          vi. Mobilization (soft tissue) is a generally well-
non-force techniques are all types of manipulative treatment.              accepted treatment. Mobilization of soft tissue is the skilled
This may be applied by osteopathic physicians (D.O.),                      application of muscle energy, strain/counter strain,
chiropractors (D.C.), properly trained physical therapists                 myofascial release, manual trigger point release and manual
(P.T.), properly trained occupational therapists (O.T.), or                therapy techniques designed to improve or normalize
properly trained medical physicians. Under these different                 movement patterns through the reduction of soft tissue pain
types of manipulation exist many subsets of different                      and restrictions. These can be interactive with the patient
techniques that can be described as direct- a forceful                     participating or can be with the patient relaxing and letting
engagement of a restrictive/pathologic barrier; indirect- a                the practitioner move the body tissues. Indications include
gentle/non-forceful             disengagement          of        a         muscle spasm around a joint, trigger points, adhesions, and
restrictive/pathologic barrier; the patient actively assisting in          neural compression. Mobilization should be accompanied by
the treatment; and the patient relaxing, allowing the                      active therapy.
practitioner to move the body tissues. When the proper                                  (a). Time to Produce Effect—two to three weeks.
diagnosis is made and coupled with the appropriate                                      (b). Frequency—two to three times per week.
technique, manipulation has no contraindications and can be                             (c). Optimum Duration—four to six weeks.
applied to all tissues of the body. Pre-treatment assessment                            (d). Maximum Duration—six weeks.
should be performed as part of each manipulative treatment                          vii. Superficial heat and cold therapy is a generally
visit to ensure that the correct diagnosis and correct                     accepted treatment. Superficial heat and cold therapies are
treatment is employed.                                                     thermal agents applied in various manners that lower or raise
              (i). Time to Produce Effect for all Types of                 the body tissue temperature for the reduction of pain,
Manipulative Treatment—one to six treatments.                              inflammation, and/or effusion resulting from injury or
              (ii). Frequency—up to three times per week for               induced by exercise. It may be used acutely with
the first three weeks as indicated by the severity of                      compression and elevation. Indications include acute pain,
involvement and the desired effect.                                        edema and hemorrhage, need to increase pain threshold,
              (iii). Optimum Duration—10 treatments.                       reduce muscle spasm and promote stretching/flexibility.
              (iv). Maximum         Duration—12        treatments.         Includes portable cryotherapy units and application of heat
Additional visits may be necessary in cases of re-injury,                  just above the surface of the skin at acupuncture points.
interrupted continuity of care, exacerbation of symptoms,                               (a). Time to Produce Effect—immediate.
and in those patients with comorbidities. Functional gains                              (b). Frequency—two to five times per week.
including increased range of motion must be demonstrated                                (c). Optimum Duration—three weeks as primary,
to justify continuing treatment.                                           or up to two months if used intermittently as an adjunct to
           iv. Massage, manual or mechanical, is a generally               other therapeutic procedures.
well-accepted treatment. Massage is manipulation of soft                                (d). Maximum Duration—two months.
tissue with broad ranging relaxation and circulatory benefits.                     viii. Transcutaneous electrical nerve stimulation
This may include stimulation of acupuncture points and                     (TENS) is a generally accepted treatment and should include
acupuncture channels (acupressure), application of suction                 at least one instructional session for proper application and
cups and techniques that include pressing, lifting, rubbing,               use. Indications include muscle spasm, atrophy, and
pinching of soft tissues by, or with the practitioner‘s hands.             decreased circulation and pain control. Minimal TENS unit
Indications include edema (peripheral or hard and non-                     parameters should include pulse rate, pulse width and
pliable edema), muscle spasm, adhesions, the need to                       amplitude modulation. Consistent, measurable functional
improve peripheral circulation and range of motion, or to                  improvement must be documented prior to the purchase of a
increase muscle relaxation and flexibility prior to exercise.              home unit.
In cases with edema, deep vein thrombosis should be ruled                               (a). Time to Produce Effect—immediate.
out prior to treatment.                                                                 (b). Frequency—variable.
              (a). Time to Produce Effect—immediate.                                    (c). Optimum Duration—three sessions.
              (b). Frequency—one to two times per week.                                 (d). Maximum Duration—three sessions. If
              (c). Optimum Duration—six weeks.                             beneficial, provide with home unit or purchase if effective.
              (d). Maximum Duration—two months.                                      ix. Ultrasound (including phonophoresis) is an
        v. Mobilization (joint) is a generally well-accepted               accepted treatment and includes ultrasound with electrical
treatment. Mobilization is passive movement, which may                     stimulation and phonophoresis. Ultrasound uses sonic
include passive range of motion performed in such a manner                 generators to deliver acoustic energy for therapeutic thermal
(particularly in relation to the speed of the movement) that it            and/or non-thermal soft tissue effects. Indications include
is, at all times, within the ability of the patient to prevent the         scar tissue, adhesions, collagen fiber and muscle spasm, and

                                                                     490              Louisiana Register Vol. 37, No. 02 February 20, 2011
the need to extend muscle tissue or accelerate the soft tissue                  c.     Pectoralis Minor Syndrome without TOS
healing.                                                                             i. Compression of the Neurovascular Bundle by
            (a). Ultrasound with electrical stimulation is               the Pectoralis Muscle. This syndrome, described by a few
concurrent delivery of electrical energy that involves a                 authors, is usually caused by neck or shoulder trauma and
dispersive electrode placement. Indications include muscle               generally resolves with physical therapy.
spasm, scar tissue, pain modulation, and muscle facilitation.                       ii. Clinical. Patients do not meet criteria for non-
            (b). Phonophoresis is the transfer of medication             specific or true TOS. They generally have pain over the
to the target tissue to control inflammation and pain through            anterior chest wall near the pectoralis minor and into the
the use of sonic generators. These topical medications                   axilla, arm, and forearm. They may complain of paresthesia
include, but are not limited to, steroidal anti-inflammatory             or weakness, and have fewer complaints of headache, neck
and anesthetics.                                                         or shoulder pain. On physical exam there is tenderness with
                  (i). Time to Produce Effect—6 to 15                    palpation over the pectoralis minor and in the axilla which
treatments.                                                              reproduces the patient‘s symptoms in the arm. Disabling
                 (ii). Frequency—3 times per week.                       symptoms have been present for more than three months
                (iii). Optimum Duration—4 to 8 weeks.                    despite active participation in an appropriate therapy
                (iv). Maximum Duration—2 months.                         program and alternative diagnoses have been explored and
     11. Vocational rehabilitation is a generally accepted               tests are negative.
intervention. Initiation of vocational rehabilitation requires                    iii. Neurophysiologic and other Diagnostic Tests.
adequate evaluation of patients for quantification highest               EMG/NCV studies may show medial antebrachial cutaneous
functional level, motivation and achievement of maximum                  nerve changes compared to the normal side. The axillary
medical improvement. Vocational rehabilitation may be as                 vein may show some occlusion. Pectoralis minor block
simple as returning to the original job or as complicated as             should be positive.
being retrained for a new occupation.                                            d. Non-surgical Diagnosis for Possible TOS
        a. It may also be beneficial for full vocational                             i. Clinical—inconsistent clinical signs plus
rehabilitation to be started before MMI if it is evident that            symptoms of TOS for more than three months and
the injured worker will be unable to return to his/her                   alternative diagnoses have been explored and tests are
previous occupation. A positive goal and direction may aid               negative.
the patient in decreasing stress and depression, and promote                        ii. Neurophysiologic—may           have      normal
optimum rehabilitation.                                                  EMG/NCV studies.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                         2. Surgical Indications
23:1203.1.                                                                       a. Early surgical intervention should be performed
  HISTORICAL NOTE: Promulgated   by    the  Louisiana                    if there is:
Workforce Commission, Office of Workers Compensation                                 i. documented EMG/NCV evidence of nerve
Administration, LR 37:
                                                                         compression with sensory loss, and weakness (with or
§2227. Therapeutic Procedures—Operative
                                                                         without muscle atrophy); or
   A. Operative treatment is indicated when the natural
                                                                                    ii. acute subclavian vein thrombosis or arterial
history of surgically treated lesions is better than the natural
                                                                         thrombosis; or
history for non-operatively treated lesions. All patients being
                                                                                  iii. subclavian artery aneurysm or stenosis
considered for surgical intervention should first undergo a
                                                                         secondary to a cervical or anomalous rib (Note: this
comprehensive neuro-musculoskeletal examination to
                                                                         condition is almost never work related.).
identify mechanical pain generators that may respond to
                                                                                 b. After failed conservative therapy, the following
non-surgical techniques or may be refractory to surgical
                                                                         criteria must be fulfilled:
intervention.
                                                                                     i. true neurogenic or non-specific TOS: see
     1. Non-vascular Diagnostic Criteria for Surgical
                                                                         criteria in the preceding subsection; and
Procedures
                                                                                    ii. a positive upper limb tension test; and
        a. True or Classic Neurogenic TOS
                                                                                  iii. failed three months of active participation in
           i. Clinical—at least two consistent clinical sign
                                                                         non-operative therapy including worksite changes; and
plus symptoms consistent with TOS (refer to initial
                                                                                   iv. disabling symptoms interfering with work,
diagnostic procedures).
                                                                         recreation, normal daily activities, sleep; and
          ii. Neurophysiologic—meets            criteria     for
                                                                                    v. pre-surgical psychiatric or psychological
neurogenic TOS (refer to follow-up diagnostic imaging and
                                                                         clearance has been obtained, demonstrating motivation and
testing procedures).
                                                                         long-term commitment without major issues of secondary
        b. Non-specific Neurogenic TOS (also called
                                                                         gain or other psychological contraindications for surgery,
disputed)
                                                                         and with an expectation that surgical relief of pain probably
           i. Clinical—at least three consistent clinical signs
                                                                         would improve the patient‘s functioning.
plus symptoms consistent with TOS refer to discussion in
                                                                                 c. Even if return to their prior job is unlikely, an
Initial Diagnostic Procedures and alternative diagnoses have
                                                                         individual may need surgical intervention to both increase
been explored and tests are negative.
                                                                         activities-of-daily living and/or return-to-work in a different
          ii. Neurophysiologic—may            have       normal
                                                                         job.
EMG/NCV or a pattern not meeting criteria in EMG section.



                                                                   491               Louisiana Register Vol. 37, No. 02 February 20, 2011
        d. It is critically important that all other pathology,         job requirements, return-to-work with job modifications may
especially shoulder disorders, be treated prior to surgical             be considered as early as one week post operatively. The
intervention for TOS.                                                   employer must be able to fully accommodate restrictions of
        e. Smoking may affect soft tissue healing through               overhead activities or heavy lifting. Work restrictions should
tissue hypoxia. Patients should be strongly encouraged to               be evaluated every four to six weeks during post-operative
stop smoking and provided with appropriate counseling.                  recovery and rehabilitation, with appropriate written
        f. Prior to surgical intervention, the patient and              communications to both the patient and the employer.
treating physician should identify functional operative goals                  d. Should progress plateau, the provider should re-
and the likelihood of achieving improved ability to perform             evaluate the patient's condition and make appropriate
activities of daily living or work activities. The patient              adjustments to the treatment plan.
should agree to comply with the pre- and post-operative                        e. Post-operative therapy will frequently require a
treatment plan including home exercise requirements. The                repeat of the therapy provided pre-operatively. Refer to
patient should understand the amount of post operative                  Therapeutic Procedures, Non-operative, and consider the
therapy required and the length of partial and full disability          first post-operative visit as visit number one for the time
expected post operatively.                                              frame parameters provided.
     3. Surgical Procedures                                                    f. Refer to the following areas in the non-operative
        a. Since the success rates for the various surgical             therapeutic section for post-operative time parameters:
procedures are similar, the OWCA suggests that the surgeon                         i. activities of daily living;
performing the procedure use the technique with which the                         ii. functional activities;
surgeon has the most experience and is most appropriate for                      iii. nerve gliding;
the patient.                                                                     iv. neuromuscular re-education;
        b. No controlled quality literature on surgical                           v. therapeutic exercise;
outcome for non-specific neurogenic TOS have been                                vi. proper work techniques. Refer to jobsite
published. Uncontrolled case series suggest some                        evaluation, and return-to-work, of these guidelines;
improvement in symptoms in the majority of patients. In one                     vii. limited passive therapies may be appropriate in
study of workers‘ compensation patients operated on for                 some cases.
TOS, work disability was reported to be 60 percent at one                 AUTHORITY NOTE: Promulgated in accordance with R.S.
year. Other pathologies were commonly diagnosed in this                 23:1203.1.
population. Comorbid conditions of the shoulder, cervical                 HISTORICAL NOTE: Promulgated   by    the  Louisiana
spine, and carpal tunnel should be treated or ruled out before          Workforce Commission, Office of Workers Compensation
                                                                        Administration, LR 37:
surgery is considered. Reported repeat surgery rates vary
                                                                        §2228. LWC-WC 1009 Disputed Claim For Medical
between approximately 10 percent and 30 percent. Some
literature contends that patients with non-specific TOS                        Treatment.
                                                                         Mail to:
treated conservatively have similar long-term outcomes as                OWCAMedical Services              1.   Social Security No. __-__-__
those treated with surgery. Complications and/or                         ATTN: Medical Director             2.   Date of Injury/Illness __-__-__
unsatisfactory outcomes are reportedly in the range of 15 to             P.O. Box 94040                     3.   Parts of Body Injury_________
20 percent. Acknowledged complications depend on the                     Baton Rouge, LA 70804              4.   Date of Birth          __-__-__
                                                                                                            5.   Date of This Request __-__-__
procedure and include complex regional pain syndrome;                                                       6.   Claim Number ____________
Horner‘s syndrome; permanent brachial plexus damage;
phrenic, intercostal brachial cutaneous, or long thoracic                     DISPUTED CLAIM FOR MEDICAL TREATMENT
nerve damage; and pneumothorax.                                               NOTE: THIS REQUEST WILL NOT BE HONORED
        c. Vascular TOS procedures include resection of the                   UNLESS THE INSURER HAS ISSUED A DENIAL FOR
abnormal rib and repair of the involved vessel.                               THE MEDICAL SERVICES IN DISPUTE AS PER R.S.
Anticoagulation is required for thrombotic cases.                             23:1203.1 J.
            i. first rib resection;                                      GENERAL INFORMATION
           ii. anterior and middle scalenectomy;                         Claimant files this dispute with the Office of Workers‘ Compensation –
          iii. anterior scalenectomy;                                    Medical Services Director. This office must be notified immediately in
                                                                         writing of changes in address. An employee may be represented by an
          iv. combined first rib resection and scalenectomy;             attorney, but it is not required.
           v. pectoralis minor tenotomy. This procedure is
done under local anesthesia, normally in an out-patient                  7. This request is submitted by
                                                                         ___ Employee ___ Employer __ Insurer ___ Health Care Provider ___
setting for patients meeting the criteria for pectoralis minor           Other ___
syndrome.
     4. Post-Operative Treatment                                         A. Copies of all relevant medical records must be included with this
        a. Individualized rehabilitation programs based                  request.
upon communication between the surgeon and the therapist.                B. A copy of the denial letter issued by the insurance carrier must be
        b. Generally, progressive resistive exercise no                  attached to this request.
earlier than two months post-operatively with gradual return
to full-activity at four to six months.                                 EMPLOYEE                            EMPLOYEE’S ATTORNEY
                                                                        8. Name ___________________         9. Name ______________
        c. Return-to-work and restrictions after surgery may            Street or Box _______________       Street or Box ______________
be made by an experienced primary occupational medicine                 City ______________________         City _____________________
physician in consultation with the surgeon or by the surgeon.           State __________ Zip _______        State ________
Depending upon the patient's functional response and their              Phone (____) ______________         Phone (____) ______________
                                                                                                            Fax (____) ______________
                                                                  492                Louisiana Register Vol. 37, No. 02 February 20, 2011
EMPLOYER                        INSURER/ADMINISTRATOR                __________________________________________________________
                                         (circle one)                __________________________________________________________
10. Name __________________     11. Name ________________            __________________________________________________________
Street or Box _______________   Street or Box ______________         __________________________________________________________
City ______________________     City _____________________           __________________________________________________________
State __________ Zip _______    State ________
Phone (____) ______________     Phone (____) ______________               You may attach a letter or petition with additional information
Fax (____) ______________       Fax (____) ______________                 with this disputed claim.
                                                                          The information given above is true and correct to the best of
EMPLOYER/INSURER’S              TREATING/REQUESTING                       my knowledge and belief.
      ATTORNEY                        PHYSICIAN                      ___________________________________            __________________
12. Name __________________     13. Name ________________            SIGNATURE OF REQUESTING PARTY                                DATE
Street or Box _______________   Street or Box ______________
City ______________________     City _____________________           LWC-WC 1009
State __________ Zip _______    State ________                       11/2010
Phone (____) ______________     Phone (____) ______________
Fax (____) ______________       Fax (____) ______________              AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                     23:1203.1.
LWC-WC 1009                                                            HISTORICAL NOTE: Promulgated   by    the  Louisiana
11/2010                                                              Workforce Commission, Office of Workers Compensation
                                                                     Administration, LR 37:
14. PLEASE PROVIDE A SUMMARY OF THE DETAILS
REGARDING THE ISSUE AT DISPUTE:                                        Inquiries concerning the proposed enactment may be
__________________________________________________________           directed to Director, Office of Workers‘ Compensation
__________________________________________________________           Administration, Louisiana Department of Labor, P.O. Box
__________________________________________________________
                                                                     94040, Baton Rouge, LA 70804-9040.
__________________________________________________________
__________________________________________________________
__________________________________________________________                                           Curt Eysink
__________________________________________________________                                           Executive Director
__________________________________________________________           1102#049
__________________________________________________________




                                                               493                 Louisiana Register Vol. 37, No. 02 February 20, 2011
                                                            Rules
                            RULE                                         §307. Term of License; Renewal
                                                                           Repealed.
         Department of Agriculture and Forestry
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
         Agricultural Commodities Commission                             3:702 and R.S. 3:703.
                                                                            HISTORICAL NOTE: Promulgated by the Department of
    Agricultural Commodity Dealer and Warehouse Law                      Agriculture, LR 1:474 (November 1975), repealed by the
       (LAC 7:VII.Chapter 3 and XXVII.Chapter 1)                         Department of Agriculture and Forestry, Agricultural Commodities
                                                                         Commission, LR 37:494 (February 2011).
   In accordance with the Administrative Procedure Act, R.S.             §309. Posting of License
49:950 et seq., and with the enabling statute, R.S. 3:3405,                Repealed.
the Louisiana Agricultural Commodities Commission                           AUTHORITY NOTE: Promulgated in accordance with R.S.
(commission) has amended the Agricultural Commodity                      3:702 and R.S. 3:703.
Dealer and Warehouse Law in order to make technical                         HISTORICAL NOTE: Promulgated by the Department of
                                                                         Agriculture, LR 1:474 (November 1975), repealed by the
corrections, update language and fees to meet the
                                                                         Department of Agriculture and Forestry, Agricultural Commodities
requirements established in the revisions of Act 767 enacted             Commission, LR 37:494 (February 2011).
in the 2010 Regular Legislative Session, adopt new                       §311. Suspension and Revocation of License
regulations that pertain to the use of Electronic Warehouse
                                                                           Repealed.
Receipts as well as adopt fees for the testing and sampling of              AUTHORITY NOTE: Promulgated in accordance with R.S.
aflatoxin for corn.                                                      3:703.
   Act No. 767 of the 2010 Regular Legislative Session                      HISTORICAL NOTE: Promulgated by the Department of
adopted, amended and reenacted several sections of R.S.                  Agriculture, LR 1:474 (November 1975), repealed by the
3:3401-3425 of the Agricultural Commodity Dealer and                     Department of Agriculture and Forestry, Agricultural Commodities
Warehouse Law pertaining to the seizure of facilities, grain             Commission, LR 37:494 (February 2011).
dealer license exams, moisture meter devices as well as                  §313. Contracts
technical corrections. The law also repeals obsolete                       Repealed.
provisions related to certification requirements for grain                  AUTHORITY NOTE: Promulgated in accordance with R.S.
sampling, licensure requirements for weighmasters, policies              3:703.
for sampling and grading grain and design approval for scale                HISTORICAL NOTE: Promulgated by the Department of
                                                                         Agriculture, LR 1:474 (November 1975), repealed by the
tickets.
                                                                         Department of Agriculture and Forestry, Agricultural Commodities
   These Rules are enabled by R.S. 3:3401 -3425.                         Commission, LR 37:494 (February 2011).
                            Title 7                                          Part XXVII. Agricultural Commodity Dealer and
            AGRICULTURE AND ANIMALS                                                            Warehouse Law
            Part VII. Dealers in Farm Products                           Chapter 1.      Louisiana Agricultural Commodities
Chapter 3.       Cotton Buyers                                                           Commission
§301. Application                                                                        Subchapter A. General Provisions
   Repealed.                                                             §101. Definitions
   AUTHORITY NOTE: Promulgated in accordance with R.S.                      Adjudicatory Proceeding―an open public hearing by the
3:703 and R.S. 3:702.
   HISTORICAL NOTE: Promulgated by the Department of
                                                                         commission to determine whether violations of R.S. 3401-
Agriculture, LR 1:473 (November 1975), repealed by the                   3425 or the regulations contained in this Part have occurred.
Department of Agriculture and Forestry, Agricultural Commodities         Such proceedings are conducted in accordance with the
Commission, LR 37:494 (February 2011).                                   Louisiana Administrative Procedure Act (R.S. 49:950 et
§303. Bonds                                                              seq.).
  Repealed.                                                                 Advance―a partial payment against total proceeds due to
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   a seller.
3:703 and R.S. 3:702.                                                       Agricultural Commodities―cotton, all agricultural
   HISTORICAL NOTE: Promulgated by the Department of                     products commonly classed as grain (rice, corn, wheat, oats,
Agriculture, LR 1:474 (November 1975), repealed by the                   rye, soybeans, barley, and grain sorghum), and any other
Department of Agriculture and Forestry, Agricultural Commodities         agricultural commodity which the commission may declare
Commission, LR 37:494 (February 2011).                                   to be an agricultural commodity subject to regulation under
§305. Fees                                                               R.S. 3:3401-3425.
  Repealed.                                                                 Applicant―any person making application for a license to
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                         engage in any of the activities regulated under R.S. 3:3401-
3:703.
   HISTORICAL NOTE: Promulgated by the Department of
                                                                         3425 or anyone who requests official grain inspection
Agriculture, LR 1:474 (November 1975), repealed by the                   services and/or grain weighing services of the department.
Department of Agriculture and Forestry, Agricultural Commodities            Audited [with respect to a financial statement]―a
Commission, LR 37:494 (February 2011).                                   financial statement prepared by an independent certified


                                                                   494               Louisiana Register Vol. 37, No. 02 February 20, 2011
public accountant, the basis of which financial statement is            be established after date of the initial agreement between the
the accountant's independent examination of the books and               parties. The agreement between the parties covering deferred
records of the business entity covered by the financial                 price commodities shall be in writing. The term deferred
statement.                                                              price commodities is the same as the other following terms
   Authentic Act―a statement executed before a notary                   in general usage: price later, no price established (NPE),
public and at least two witnesses.                                      delayed price, basis contract, future settlement delivery, or
   Authorized Agent―with reference to the authorized agent              contract for purchase.
of a warehouse or grain dealer, any representative thereof                 Delivery Date―the date on which the purchaser is
whose name has been filed with the commission as such. A                required to take delivery of the rice, either under the
person whose name has not been filed with the commission                provisions of Subchapter O of this Chapter or under the
as an authorized agent will not be recognized by the                    provisions of a written agreement between the producer and
commission as entitled to act for or on behalf of a warehouse           the purchaser.
or grain dealer.                                                           Department―the Louisiana Department of Agriculture
   Bid Contract―an agreement between a producer and a                   and Forestry.
purchaser under which the purchaser examines samples of                    Director―the employee of the commission who is
rice and extends to the producer an offer to purchase the rice          responsible for implementing the policies of the commission
at a price based on the quality of the sample.                          and performing the administrative responsibilities delegated
   Capacity―all of the area of a licensee which is in any               to the commissioner under R.S. 3:3401-3425.
kind of protected enclosure.                                               Electronic Warehouse Receipt (EWR)― a receipt that is
   CCC―Commodity Credit Corporation.                                    issued or transmitted in the form of an electronic document.
   Central Filing System (CFS) ―an electronic system                       Farm Products―products employed directly in the
operated and maintained by a provider where information                 cultivation, production, or harvesting of any agricultural
relating to electronic warehouse receipts is recorded and               commodities or containers for agricultural commodities or
maintained in a confidential and secure fashion independent             farm products.
of any outside influence or bias in action or appearance, and              Fee―any charge imposed by a warehouse, directly or
that is authorized by the director.                                     indirectly, for care of agricultural commodities belonging to
   Certified―with respect to the financial statements                   any person other than the warehouse owner, including but
required under the Act R.S. 3:3401-3425, a written statement            not limited to base price adjustments, storage, handling,
signed by the independent certified public accountant                   dockage, commission, drying, and/or conditioning fees or
preparing the financial statement.                                      any fees as listed on the latest approved schedule of fees
   Commission―the Louisiana Agricultural Commodities                    (§128.D of this Part) for official grain inspections and
Commission.                                                             weighing services provided by the department.
   Commissioner―the         Louisiana      Commissioner      of            Field Warehouse―a warehouse operated by a
Agriculture and Forestry.                                               management organization under a contractual agreement
   Compilation―with respect to a financial statement, a                 between the management organization and the owner of the
financial statement prepared by an independent certified                warehouse.
public accountant solely on the basis of representations of                First Point of Sale― the initial time when title to
the management of the business entity covered by the                    agricultural commodities or farm products passes from a
financial statement.                                                    seller to a buyer.
   Confirmation Date―the date on which the bid contract                    Grain― corn, wheat, oats, rye, soybeans, barley, and grain
was confirmed.                                                          sorghum.
   Confirmed―the bid contract has been agreed to by both                   Grain Dealer―any person who purchases agricultural
parties. A bid contract is confirmed when the producer and              commodities from producers, sells agricultural commodities
the purchaser agree to the quantity and price of the rice to be         for producers, or represents producers in the purchase or sale
sold.                                                                   of agricultural commodities. The term does not include
   Cotton Agent―every person, firm, corporation,                        producers who purchase grain commodities for their own
association, or other legal entity which purchases or                   use as feed or seed.
contracts to purchase cotton grown or to be grown by                       Hedge [with respect to a contract to sell commodities]―a
producers in this state for or on behalf of a cotton merchant           secondary contract to buy commodities to protect the
and which is required to be a party to a notarized written              obligations incurred with respect to the contract to sell.
agency agreement.                                                       Hedge, with respect to a contract to buy commodities, means
   Cotton Merchant―every person, firm, corporation,                     a secondary contract to sell commodities to protect the
association, or other legal entity which purchases or                   obligations incurred with respect to the contract to buy.
contracts to purchase, either directly or through a cotton                 Identity Preserve―
agent, cotton grown or to be grown by producers in this                      1. instances in which a warehouse preserves the
state.                                                                  separate identities of different lots of agricultural
   Current Financial Statement―a financial statement                    commodities; or
containing all of the documents listed in §107.B of this Part                2. instances in which a warehouse preserves the
and presenting financial position as of the close of the                separate identities of agricultural commodities belonging to
applicant's or licensee's most recent fiscal year.                      different owners.
   Deferred Price Commodities―commodities purchased by                     Independent Certified Public Accountant―a person who
a grain dealer from a producer for which the sale price will            has completed all requirements established by the American

                                                                  495              Louisiana Register Vol. 37, No. 02 February 20, 2011
Institute of Certified Public Accountants and the state                      2. Negotiable Warehouse Receipts―written evidence
Society of Louisiana Certified Public Accountants. To be                of the deposit of agricultural commodities or farm products
recognized as an independent public accountant, the                     in a warehouse, which can be sold or traded by the holder
accountant, members of his immediate family, and his                    and can be used to secure a loan.
accounting business associates shall be totally free of any                AUTHORITY NOTE: Promulgated in accordance with R.S.
obligation to or interest in the client, its management, or its         3:3402 and R.S. 3:3405.
owners.                                                                    HISTORICAL NOTE: Promulgated by the Department of
   Licensed Capacity―the warehouse area which is bonded                 Agriculture, Office of Agro-Consumer Services, Agricultural
                                                                        Commodities Commission, LR 9:284 (May 1983), amended by the
for the storage of agricultural commodities or farm products            Department of Agriculture and Forestry, Office of Agro-Consumer
belonging to a person other than the owner of the warehouse.            Services, Agricultural Commodities Commission, LR 12:287 (May
   Licensee―any person holding a license as a warehouse,                1986), LR 19:1300 (October 1993), amended by the Department of
cotton merchant or grain dealer issued by the commission.               Agriculture and Forestry, Office of the Commissioner, LR 24:624
   Open or Open Position―the grain dealer's contracts for               (April 1998), amended by the Department of Agriculture and
purchase or sale of agricultural commodities which are                  Forestry, Agricultural Commodities Commission, LR 37:494
unhedged.                                                               (February 2011).
   Person―any individual, partnership, company, firm,                   §103. Administration of the Affairs of the Commission
association, corporation, cooperative association, or any                  A. The officers of the commission shall be a chairman
other legal entity engaged in any of the activities regulated           and a vice-chairman, who shall serve for terms concurrent
under R.S. 3:3401-3425.                                                 with the commissioner, but may be elected for an indefinite
   Producer―the owner, tenant, lessee, or operator of land              number of terms.
within this state who has an interest in or receives all or any            B. After the initial election of officers, the chairman and
part of the proceeds from the sale of agricultural                      vice-chairman shall be elected at the commission's regular
commodities produced thereon.                                           meeting during the first quarter of each year.
   Purchaser―any person who purchases rice from a                          C. In the absence of the chairman at any meeting of the
producer under a bid contract.                                          commission, the vice-chairman shall preside.
   Review (with respect to a financial statement)―a financial              D. The commission shall hold at least one regular
statement prepared by an independent certified public                   meeting during each quarter of the year, but may meet more
accountant, in the preparation of which financial statement             frequently upon the call of the chairman.
the accountant makes such inquiries of management and                      E. Meetings of the commission shall normally be held in
performs such analyses and/or comparisons as may appear                 its domicile but may be held at other locations upon the
appropriate to the accountant.                                          determination of the chairman or the will of the commission.
   Risk Position―the loss potential to the grain dealer                    F. The quorum of the commission is five members.
resulting from bringing its open position to market.                       G. An affirmative vote of a minimum of five members
   Scale Ticket―the document issued to a producer when                  shall be required for the adoption of any motion.
agricultural commodities are delivered to a warehouse or                   H. There shall be no voting by proxy.
grain dealer.                                                              I. Rules and regulations of the commission, and
   Spot or Spot Sale―a transaction where title to agricultural          amendments thereto, shall be noticed, adopted, and
commodities passes from the producer to the buyer on the                promulgated as required by the Louisiana Administrative
day of delivery, in which transaction the producer is paid              Procedure Act.
promptly at the market price established on the day of                     J. The chairman shall designate a hearing officer, who
delivery.                                                               may or may not be a member of the commission, to preside
   Storage―the physical possession by a warehouse, in any               at all adjudicatory proceedings of the commission. The
manner and/or under any type of fee arrangement, of                     chairman may, if he so desires, serve as hearing officer at
agricultural commodities belonging to any person other than             any adjudicatory proceeding.
the owner of the warehouse. The term storage does not apply                K. The commission shall serve as the hearing body in all
to a transaction in which title passes from the seller to the           adjudicatory proceedings and shall make the final
buyer upon delivery.                                                    determination with regard to the disposition of all matters
   Warehouse―any building, structure, or any other                      coming to adjudication.
protected enclosure required to be licensed by the                         L. The director shall provide clerical and other support
commission in which agricultural commodities or farm                    services as may be required by the commission and shall
products are stored for the public for a fee. The term                  maintain and distribute appropriate minute records of the
includes facilities which commingle commodities belonging               commission.
to different owners and facilities which preserve the separate             M. No member of the commission shall participate in any
identities of different lots of agricultural commodities.               discussion or vote concerning any matter before the
   Warehouse Operator―any person or other entity                        commission in which such member has a personal or
operating a warehouse.                                                  commercial interest.
   Warehouse Receipts―may be paper or electronic and may                   N. No member of the commission or the staff shall
be negotiable or non-negotiable and are defined as follows.             disclose any financial information pertaining to any licensee
     1. Non-Negotiable Warehouse Receipts―written                       or applicant for license.
evidence of the deposit of agricultural commodities or farm                O. The commission may, from time to time, delegate any
products in a warehouse, which cannot be sold or traded by              of its responsibilities to subcommittees appointed by the
the holder and cannot be used to secure a loan.                         chairman. Such subcommittees may perform such specific

                                                                  496               Louisiana Register Vol. 37, No. 02 February 20, 2011
duties as may be assigned by the chairman but all actions of             than April 30 of each year. Applications for initial license
such subcommittees shall be subject to ratification by the               may be filed at any time during the year. For both initial and
full commission.                                                         renewal licenses, the following information shall be
  P. Appointed members of the commission shall be                        furnished on the application form provided by the
entitled to receive a per diem of $40 and to be reimbursed               commission:
for mileage expenses in accordance with the same travel                       1. type of application:
regulations applying to state employees.                                         a. warehouse;
   AUTHORITY NOTE: Promulgated in accordance with R.S.                           b. grain dealer;
3:3405.                                                                          c. cotton merchant;
   HISTORICAL NOTE: Promulgated by the Department of                          2. date of submission;
Agriculture, Agricultural Commodities Commission, LR 9:287                    3. nature of application:
(May 1983), amended 12:287 (May 1986), amended by the
Department of Agriculture and Forestry, Office of the
                                                                                 a. initial application;
Commissioner, LR 24:624 (April 1998), amended by the                             b. renewal application;
Department of Agriculture and Forestry, Agricultural Commodities              4. nature of applicant's business:
Commission, LR 37:494 (February 2011).                                           a. sole proprietorship;
§105.     Agricultural Commodities and Other Farm                                b. partnership;
          Products Regulated by the Commission                                   c. corporation;
  A. The following agricultural commodities shall be                             d. association;
regulated by the commission at all times:                                        e. agricultural cooperative;
     1. rice;                                                                    f. other;
     2. rough rice;                                                           5. name under which the business will operate;
     3. all agricultural commodities commonly classed as                      6. address of the principal office of the business,
grain; including:                                                        either in-state or out-of-state, including mailing address,
        a. wheat;                                                        physical location, and telephone number;
        b. corn;                                                              7. name of the person in charge (e.g., manager,
        c. oats;                                                         warehouse operator, principal dealer, etc.) and his residence
        d. rye;                                                          address and telephone number;
        e. soybeans;                                                          8. if a partnership, the names, addresses, and interests
        f. barley;                                                       of all partners;
        g. grain sorghum;                                                     9. if a corporation, the names and addresses of all
     4. cotton.                                                          officers;
  B. Whenever commission warehouse receipts are issued                        10. if an association, including an agricultural
to cover any of the following agricultural commodities, the              cooperative, the names and addresses of all members of the
following agricultural commodities shall be regulated by the             board of directors;
commission:                                                                   11. name and address of the owner of the business, if
     1. peppers;                                                         not shown under §107.A.7, 8, and 9 of this Part;
     2. oils (vegetables and mineral);                                        12. status of the facility in which the business will be
     3. pecans;                                                          operated:
     4. molasses and/or syrup;                                                   a. owned by applicant;
     5. any canned and/or frozen vegetables/fruits/juices.                       b. leased by applicant (short term or long term);
  C. Commodities and farm products enumerated in                                 c. rented by applicant and name and address of
§105.B of this Part shall be subject to all requirements set             owner;
forth in the regulations contained in this Part whenever                         d. other;
commission warehouse receipts are issued.                                     13. type of agricultural commodities that the applicant
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   will store or trade;
3:3405.                                                                       14. for all business locations to be operated under one
   HISTORICAL NOTE: Promulgated by the Department of                     license:
Agriculture, Office of Agro-Consumer Services, Agricultural                      a. number of locations;
Commodities Commission, LR 9:288 (May 1983), amended by the                      b. address of each location;
Department of Agriculture and Forestry, Office of Agro-Consumer                  c. total capacity;
Services, Agricultural Commodities Commission, LR 19:1300
(October 1993), amended by the Department of Agriculture and
                                                                                 d. capacity of each location to be licensed, if
Forestry, Office of the Commissioner, LR 24:624 (April 1998),            different from total capacity;
amended by the Department of Agriculture and Forestry,                           e. name of person in charge of each facility;
Agricultural Commodities Commission, LR 37:497 (February                      15. bond status of the applicant:
2011).                                                                           a. amount of bond posted;
Subchapter B. Application for Warehouse, Grain Dealer                            b. name and address of bonding company;
               and Cotton Merchant Licenses                                      c. period for which bond written;
§107. Application for License (Initial and Renewal);                          16. insurance of applicant:
        Time for Filing; Contents; Fees; Style of                                a. amount of provisional stock insurance carried;
        Document                                                                 b. name and address of carrier;
  A. Applications for renewal of warehouse, cotton                               c. term of policy;
merchant and grain dealer licenses shall be received no later
                                                                   497              Louisiana Register Vol. 37, No. 02 February 20, 2011
        d. physical address of each location covered by                      4. Multi-state and/or multi-national corporations with
stock insurance;                                                        subsidiary divisions located in Louisiana shall either:
     17. names of all authorized agents;                                        a. submit a fully audited financial statement
     18. a statement that the applicant will abide by the               showing the position of the parent company, together with
requirements of R.S. 3:3401-3425 and the regulations                    sufficient financial information pertaining to the Louisiana
contained in this Part;                                                 subsidiary to reasonably reflect the corporation‘s ability to
     19. a certified statement that all representations                 satisfy all obligations to Louisiana producers; or
contained in the application and in all required attachments                    b. pay all expenses necessary for performance of a
are true and correct;                                                   full audit, at one or more locations where pertinent
     20. grain dealer applicants only:                                  corporation records are maintained, by the department‘s
        a. name of person(s) on grain dealer's staff who is             Central Audit Committee.
certified as a grain sampler and/or grader;                                  5. The financial statement shall be prepared and
     21. warehouse applicant only:                                      signed by an accountant, as defined in §107.B of this Part,
        a. if utilizing paper warehouse receipts, three                 and shall be presented in accordance with generally accepted
signature cards, on card forms provided by the commission,              accounting principles.
completed by each person listed as an authorized agent of                       a. Financial statements shall include contracts
the applicant, together with a resolution from the board of             covering commodities which have not been delivered.
directors naming each person, other than the owner or                   Contracts covering commodities which have not been
president, whose name is listed as an authorized agent;                 delivered to the licensee or applicant shall be brought to
        b. a copy of the warehouse's current schedule of                market in the financial statement. Contracts on commodities
tariffs or charges;                                                     which have not been delivered to the licensee or applicant
     22. cotton merchant applicants only:                               may be made a part of the financial statement by means of a
        a. name and written notarized agency agreements of              footnote to the statement.
cotton agents buying cotton in the state;                                       b. Fixed assets shall be presented at cost on
     23. grain dealers and cotton merchant applicants only:             financial statements.
        a. aggregate amount paid to producers during                         6. Only one financial statement shall be required for a
applicant‘s most recent fiscal year;                                    chain of warehouses covered by a single warehouse license.
     24. application for acceptance into the self-insurance                C. Each licensee shall file a financial statement
fund, if applicable.                                                    conforming to the requirements of §107.B of this Part within
   B. For initial licensure under R.S. 3:3401-3425, each                90 days after the close of the licensee‘s fiscal year.
applicant shall provide a financial statement as of the close              D. Each applicant shall also provide the following
of the applicant‘s most recent fiscal year.                             information, in addition to completing the required
     1. The financial statement shall be prepared by an                 application form and providing a financial statement:
accountant who is not a full-time employee of the applicant                  1. evidence of bond or alternate security which meets
and who meets at least one of the following:                            the requirements set forth in §115 of this Part (warehouse
        a. a certified public accountant;                               license applicants), §123.G of this Part (grain dealer license
        b. a graduate of an accredited four-year college or             applicants) or R.S. 3:3411.1 (cotton merchant license
university with a degree in accounting; or                              applicants);
        c. has passed the examination administered by the                    2. evidence of provisional stock insurance which
National Society of Accountants.                                        meets the requirements set forth in §117 of this Part
     2. The financial statement presented for initial                   (warehouses) or §123 of this Part (grain dealers);
licensure under R.S. 3:3401-3425 may be any of the                           3. copy of Scale Ticket. Applicants who do not use
following:                                                              scale tickets in their business operations shall certify to that
        a. compilation;                                                 effect in lieu of filing a scale ticket;
        b. review;                                                           4. applicants who apply under corporate status shall
        c. audited.                                                     provide evidence of compliance with Louisiana‘s
     3. The financial statement shall contain:                          Corporation Laws.
        a. a balance sheet;                                                E. A fee of $200, as required by R.S. 3:3401-3425, shall
        b. a statement of income (profit and loss);                     accompany each application at the time of filing. This fee is
        c. a statement of retained earnings;                            non-refundable, whether or not the license is granted.
        d. a statement of changes in financial position;                   F. All licenses shall signify on the face the following
        e. a certificate by the applicant or the chief                  information:
executive officer of the applicant, in the form of an authentic              1. name and address of licensee;
act, that the financial statement accurately reflects the                    2. if a cotton merchant or grain dealer, the location of
financial condition of the applicant for the period covered in          the principal place of business;
the financial statement;                                                     3. if a warehouse, the licensed capacity of the location
        f. whenever the certificate required under                      covered by the license;
§107.B.3.e of this Part is executed by a representative of the               4. amount of bond;
applicant other than the owner or president, a resolution of                 5. term of license.
the board of directors authorizing such representative to                  G. Approved licenses shall be issued in the name of the
execute the certificate is required.                                    commission and signed by the commissioner.


                                                                  498               Louisiana Register Vol. 37, No. 02 February 20, 2011
  H. A late fee of $50 may be assessed per application per                   1. any facility offering storage as defined in §101 of
business day when the application is received after April 30.           this Part;
   AUTHORITY NOTE: Promulgated in accordance with R.S.                       2. any facility which issues state warehouse receipts
3:3405, R.S. 3:3408, R.S. 3:3409, R.S. 3:3410, R.S. 3:3411 and          covering agricultural commodities or farm products;
R.S. 3:3411.1.                                                               3. all field warehouses. The management organization
   HISTORICAL NOTE: Promulgated by the Department of                    operating a field warehouse shall secure a separate license
Agriculture, Office of Agro-Consumer Services, Agricultural
Commodities Commission, LR 9:289 (May 1983), amended LR
                                                                        for each location. Field warehouses shall be licensed in the
10:75 (February 1984), LR 11:229 (March 1985), amended by the           same manner as any other warehouses and regulations
Department of Agriculture and Forestry, Office of Agro-Consumer         governing other warehouses shall apply equally to field
Services, Agricultural Commodities Commission, LR 12:287 (May           warehouses.
1986), LR 19:1300 (October 1993), amended by the Department of             B. Warehouses licensed under the U.S. Warehouse Act
Agriculture and Forestry, Office of the Commissioner, LR 24:624         are not required to submit the application required under
(April 1998), amended by the Department of Agriculture and              R.S. 3401-3425 and are not subject to all other requirements
Forestry, Agricultural Commodities Commission, LR 37:497                of R.S. 3:3401-3425 unless licensed under the provisions of
(February 2011).                                                        R.S. 3:3401-3425.
§109.     Grounds for Refusal to Issue or Renew a                          C. No warehouse, whether licensed under R.S. 3:3401-
          Warehouse, Cotton Merchant, or Grain Dealer                   3425 or the U.S. Warehouse Act, shall buy or sell
          License                                                       agricultural commodities for producers unless such
   A. The commission may refuse to issue or renew a                     warehouse is also licensed by the commission as a grain
warehouse, cotton merchant, or grain dealer license in any of           dealer.
the following circumstances:                                               D. A single business entity which operates warehouse
     1. the applicant cannot demonstrate to the satisfaction            facilities at more than one location may be covered by one
of the commission that he is competent to operate the                   license. In such instances, the applicant shall provide
business for which the license is sought;                               separate capacity and personnel information for each
     2. the applicant cannot demonstrate a $100,000 net                 location but may submit a consolidated financial statement
worth;                                                                  covering all locations.
     3. the applicant has failed to provide all of the                     E. When two or more businesses which are separate
information required in the application for licensure;                  legal entities, even though owned and/or operated by the
     4. the applicant has previously refused to permit audit            same individual or the same legal entity, are operated at one
of his records;                                                         or more physical locations, each separate legal entity shall
     5. the applicant has not or cannot secure the bond                 obtain a separate license.
required by R.S. 3:3401-3425;                                              F. Each license is personal to the holder thereof and may
     6. the applicant has not or cannot secure the insurance            not be transferred or assigned to another for any purpose or
required by R.S. 3:3401-3425;                                           any period of time.
     7. if an applicant for a warehouse license: the facilities            G. Licenses issued by the commission shall be
in which the business will be operated are not suitable for             consecutively numbered and the number shall include a
storage of agricultural commodities;                                    fiscal year designation.
     8. if an applicant for a grain dealer license: the                    H. All warehouse licenses issued by the commission
applicant has failed to hedge its obligations to producers as           shall expire on June 30 following the date of issue.
required by R.S. 3:3401-3425 and the rules contained in this               I. For initial and continuing licensure, the facility shall
Part.                                                                   meet all requirements of §113 of this Part.
   B. Any cotton merchant, warehouse or grain dealer                       J. The warehouse shall meet all bonding and insurance
whose application for license is refused by the commission              requirements set forth in §§115 and 117 of this Part prior to
may appeal the decision of the commission under the                     issuance of the license. Failure to maintain the required bond
Administrative Procedure Act or through the judicial                    and insurance in full force and effect for the license period
process.                                                                shall subject the licensee to revocation of its license.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                     K. The person in charge of each warehouse unit shall
3:3405 and R.S. 3:3412.
                                                                        possess the following qualifications:
   HISTORICAL NOTE: Promulgated by the Department of
Agriculture, Office of Agro-Consumer Services, Agricultural                  1. be of legal age;
Commodities Commission, LR 9:293 (May 1983), amended by the                  2. demonstrate the following:
Department of Agriculture and Forestry, Office of Agro-Consumer                  a. knowledge of the practical facts of keeping
Services, Agricultural Commodities Commission, LR 12:287 (May           accurate records regarding the storage of agricultural
1986), amended by the Department of Agriculture and Forestry,           commodities;
Office of the Commissioner, LR 24:625 (April 1998), amended by                   b. knowledge of proper pest control and fumigation
the Department of Agriculture and Forestry, Agricultural                procedures.
Commodities Commission, LR 37:499 (February 2011).                         L. Provisions Relative to the Schedule of Tariffs or
Subchapter C. Warehouse Licenses                                        Charges
§111. Requirements Applicable to All Warehouses                              1. Each warehouse shall file its current tariff with the
  A. No person shall operate a warehouse subject to                     commission for the commission's approval as to form.
regulation under R.S. 3:3401-3425 unless licensed by the                     2. Whenever there is any change in any warehouse's
commission or under the U.S. Warehouse Act. The following               tariff, the new tariff shall be filed with the commission prior
types of warehouses are specifically defined as warehouses              to implementation of any changes.
subject to regulation under R.S. 3:3401-3425:
                                                                  499               Louisiana Register Vol. 37, No. 02 February 20, 2011
     3. The director shall note on each warehouse's tariff                  M. Each facility shall contain adequate and accurate
the fact of its receipt by the commission. Upon the                      weighing and sampling equipment. All scales in warehouses
warehouse's receipt of the tariff bearing the director's                 licensed by the commission are subject to examination by
notation, the warehouse shall post the copy bearing the                  the Division of Weights and Measures of the department.
director's signature in a conspicuous location at the                       N. Special Requirements for Rice. Provisions for
warehouse.                                                               identification cards shall be securely attached to all bins and
     4. Each tariff shall indicate whether charges are made              when commodities are placed under receipt, an identification
on the basis of barrels, bushels, or hundredweights.                     card showing the following information shall be firmly
     5. The tariff shall contain all fees routinely charged to           attached to the bin boards:
depositors.                                                                   1. the lot number;
     6. The tariffs or charges shall be the same for the same                 2. whether the receipt is negotiable or non-negotiable;
class of services to each customer of the warehouse.                          3. the number of the receipt;
  M. Each warehouse shall maintain a daily inventory                          4. the name of the person or company to whom the
report on forms provided by the commission.                              receipt was issued;
   AUTHORITY NOTE: Promulgated in accordance with R.S.                        5. the number of containers of commodities, if not in
3:3405, R.S. 3:3409, R.S. 3:3410 and R.S. 3:3420.                        bulk, in the bin.
   HISTORICAL NOTE: Promulgated by the Department of                        AUTHORITY NOTE: Promulgated in accordance with R.S.
Agriculture, Office of Agro-Consumer Services, Agricultural              3:3405 and R.S. 3:3409.
Commodities Commission, LR 9:294 (May 1983), amended LR                     HISTORICAL NOTE: Promulgated by the Department of
11:229 (March 1985), amended by the Department of Agriculture            Agriculture, Office of Agro-Consumer Services, Agricultural
and Forestry, Office of Agro-Consumer Services, Agricultural             Commodities Commission, LR 9:296 (May 1983), amended LR
Commodities Commission, LR 19:1301 (October 1993), amended               11:229 (March 1985), amended by the Department of Agriculture
by the Department of Agriculture and Forestry, Agricultural              and Forestry, Agricultural Commodities Commission, LR 37:500
Commodities Commission, LR 37:499 (February 2011).                       (February 2011).
§113.     Standards for Approval of Facilities for Storage               §115.     Bond Required for Warehouse License;
          of Agricultural Commodities                                              Provisions Relative to Licensed Capacities
   A. The building shall be of sound construction, in good                  A. Each applicant shall execute and file a bond, on bond
physical condition, and suitable for storage of the                      forms provided by the commission, which bond shall be
agricultural commodities to be stored therein.                           issued by a company authorized to do business in Louisiana
   B. The building shall be weathertight so as to protect the            prior to issuance of the license.
commodities stored in it from the elements at all times.                    B. Each bond shall be conditioned upon:
   C. The building and the surroundings shall be reasonably                   1. the faithful performance of all duties and
clean and free of debris of any kind.                                    obligations to patrons of the warehouse; and
   D. There shall be safe ingress and egress to all storage                   2. compliance with all requirements of R.S. 3:3401-
units.                                                                   3425 and the regulations contained in this Part.
   E. Storage units having entrances more than 20 feet                      C. The amount of the bond shall be established on the
above ground or floor level shall be equipped with a safe and            basis of the capacity of the warehouse to be licensed.
adequate lift or ladder.                                                      1. The commission shall establish capacity records for
   F. All catwalks shall be equipped with railings, shall be             all licensed facilities. Whenever there is a discrepancy
structurally sound, and shall be kept free of all grain or other         between the capacity claimed by the applicant and the
matter which might endanger human life.                                  commission's capacity figures for the applicant, the bond to
   G. The facility shall maintain reasonable provisions for              be required shall be determined by the commission's
rodent and insect control.                                               capacity figures. A licensee may, however, appeal the
   H. Commodities or farm products stored in containers                  decision of the commission whenever it disagrees with the
rather than in bulk shall be separated by an aisle of sufficient         capacity figures established by the commission for its
width to permit passage for inspection.                                  facility.
   I. When different agricultural commodities are stored in                   2. All facilities which commingle agricultural
the same facility in bulk, the different commodities shall be            commodities shall bond 100 percent of their available
separated by a substantial partition.                                    capacity, subject to the exemptions contained in §115.C.5
   J. When a warehouse license covers more than one                      and 6 of this Part.
facility, each warehouse unit shall be designated by a                        3. Facilities      which     store     identity-preserved
number, beginning with the number 1, which number may                    commodities may, with the prior approval of the
not be changed without the prior approval of the                         commission, bond 75 percent of their available capacity. In
commission.                                                              such event, the amount of the bond shall be increased if
   K. Each storage unit, building, bin, or compartment shall             commodities in storage exceed the licensed capacity.
have painted thereon or securely affixed, in a conspicuous                    4. All capacity under one roof shall be bonded.
manner and location, an identifying number or letter, or                      5. Outside tanks which are used solely for storage of
both, which may not be changed without prior approval of                 company-owned commodities are not required to be bonded.
the commission.                                                               6. Buildings which are used solely for storage of
   L. Bulk grain bins shall be numbered at all openings on               company-owned commodities are not required to be bonded.
top and also on or near all outlet valves underneath so as to
be easily identified.


                                                                   500               Louisiana Register Vol. 37, No. 02 February 20, 2011
   D. The amount of the bond shall be as follows:                       least 15 days prior to the date on which the commission will
     1. $0.20 per bushel for the first million bushels of               release the alternate security;
licensed capacity―up to $200,000 for a licensed capacity of                       ii. if there is no daily newspaper in the area, such
2 million bushels;                                                      notice shall be published in a weekly newspaper and shall be
     2. plus $0.15 per bushel for the second million bushels            published once each week for the three weeks preceding the
of licensed capacity―a total of $350,000 for a facility with a          date on which the commission will release the alternate
licensed capacity of 2 million bushels;                                 security.
     3. plus $0.10 per bushel for all bushels over 2 million               AUTHORITY NOTE: Promulgated in accordance with R.S.
bushels up to 3.5 million bushels of licensed capacity―a                3:3405 and 3:3410.
maximum of an additional $150,000.                                         HISTORICAL NOTE: Promulgated by the Department of
   E. A minimum bond of $25,000 is required for all                     Agriculture, Office of Agro-Consumer Services, Agricultural
                                                                        Commodities Commission, LR 9:297 (May 1983), amended LR
facilities of 125,000 bushels or less licensed capacity.                10:75 (February 1984), amended by the Department of Agriculture
   F. A maximum bond of $500,000 is required for all                    and Forestry, Office of Agro-Consumer Services, Agricultural
facilities of 3.5 million or more bushels of licensed capacity.         Commodities Commission, LR 19:1301 (October 1993), amended
   G. Each bond shall be written for a period of one year,              by the Department of Agriculture and Forestry, Agricultural
beginning on July 1, or for such other period of time as the            Commodities Commission, LR 37:500 (February 2011).
commission may require.                                                 §117.     Provisional Stock Insurance Required for
   H. Each bond shall provide for at least 90 days written                        Warehouse License
notice to the commission prior to cancellation.                            A. At all times, each warehouse shall carry sufficient
   I. Each bond is subject to final approval by the                     provisional stock insurance to assure protection against fire
commission and shall be so approved prior to issuance of the            and other disasters for all agricultural commodities in
license.                                                                storage in an amount proportionate to the licensed capacity
   J. Provisions for Alternate Security in Lieu of the                  of the facility. Provisional stock insurance records are
Required Bond                                                           subject to examination by the commission during audit of
     1. The commission may accept alternate security in                 the facility.
lieu of the required bond in an amount equal to 100 percent                B. The provisional stock insurance shall be written for a
of the required bond.                                                   period of at least one year by an insurance company
     2. Alternate security may be offered only by:                      authorized to do business in Louisiana and shall provide for
        a. pledging of certificates of deposit;                         30 days written notice to the commission prior to
        b. filing of an irrevocable letter of credit, which             cancellation.
shall be non-cancelable for a period of one year;                          C. A copy of the insurance policy or a certificate of
        c. securing a first mortgage on immovable property              insurance shall be filed with the commission prior to
which is located in Louisiana and which has an appraised                issuance of the license.
value of at least one hundred fifty percent of the amount of               AUTHORITY NOTE: Promulgated in accordance with R.S.
the bond. The appraisal shall be made by an independent                 3:3405 and R.S. 3:3410.
appraiser jointly designated by the commission and the                     HISTORICAL NOTE: Promulgated by the Department of
applicant. The applicant shall provide a title insurance policy         Agriculture, Office of Agro-Consumer Services, Agricultural
issued by a company authorized to do business in Louisiana              Commodities Commission, LR 9:299 (May 1983), amended by the
                                                                        Department of Agriculture and Forestry, Agricultural Commodities
in the amount of the required bond with the commission                  Commission, LR 37:501 (February 2011).
being an insured under the policy. The applicant shall pay all
                                                                        §119.      Amendment to License Required When Change
fees involved in providing such security.
                                                                                   of Status Occurs
     3. Alternate security is subject to the approval of the
                                                                          A. The licensee shall give written notice to the
commission. Approval is required prior to issuance of a
                                                                        commission within three days after any of the following
license.
                                                                        occurs:
     4. All alternate security instruments shall be assigned
                                                                             1. loss or damage to stored commodities or licensed
to the commission and maintained in the commission‘s
                                                                        facilities;
office in Baton Rouge. Holders of certificates of deposit will
                                                                             2. change of ownership of a licensed warehouse,
continue to draw the interest thereon.
                                                                        including a change in the members of a partnership or in the
     5. Whenever any warehouse ceases to operate as a
                                                                        officers of a corporation;
licensed warehouse, alternate security filed in lieu of the
                                                                             3. change in management personnel of a licensed
required bond shall be retained by the commission:
                                                                        warehouse;
        a. until public notice, as herein required, is made;
                                                                             4. change in the name of the business operating the
and
                                                                        facility;
        b. until completion of a final audit, which final
                                                                             5. any major structural change in the facility;
audit shall be completed in not more than 120 days. Public
                                                                             6. the termination of a lease covering a licensed
notice of the commission's intent to release alternate security
                                                                        facility;
shall be made by publication in a newspaper of general
                                                                             7. change of business address;
circulation in the area where the licensee is located, as
                                                                             8. filing of any legal action (except filing of suits for
follows:
                                                                        workmen's compensation) against the warehouse or the
           i. if there is a daily newspaper in the area, such
                                                                        management personnel of the warehouse.
notice shall be published at least three times, beginning at


                                                                  501               Louisiana Register Vol. 37, No. 02 February 20, 2011
   B. The licensee shall give prior written or oral notice to           days written notice to the commission prior to cancellation.
the commission before use of the facilities for the storage of          The bond shall be conditioned upon:
any agricultural commodity not listed on the application and                 1. the faithful performance of all duties and
before any change in the licensed capacity of the facility              obligations to producers; and
(except a change resulting from fire or other actions outside                2. compliance with all requirements of R.S. 3:3401-
the control of the warehouse).                                          3425 and the regulations contained in this Part. The bond is
   C. Notice to the commission concerning a change in                   subject to the approval of the commission and shall be so
licensed capacity shall include:                                        approved prior to issuance of the license. Failure to keep the
     1. name, address, and license number of the                        bond in full force and effect shall subject the grain dealer to
warehouse;                                                              suspension or revocation of its license.
     2. warehouse or warehouses affected by the change in                  H. The commission may accept alternate security in an
capacity;                                                               amount of $50,000 in lieu of the required bond.
     3. current licensed capacity of the affected                            1. Alternate security may be offered only by:
facility(ies);                                                                 a. pledging of certificates of deposit or other similar
     4. proposed new capacity (whether increased or                     negotiable instruments; or
decreased).                                                                    b. filing of an irrevocable letter of credit, which
   D. Whenever the licensed capacity of a facility changes,             shall be non-cancelable for a period of one year; or
the bond required under §115 of this Part shall be changed                     c. securing a first mortgage on immovable property
within 45 days to conform to the new capacity. Failure to               which is located in Louisiana and which has an appraised
amend the bond as required herein will subject the licensee             value of at least 150 percent of the amount of the bond. The
to revocation of its license.                                           appraisal shall be made by an independent appraiser jointly
   AUTHORITY NOTE: Promulgated in accordance with R.S.                  designated by the commission and the applicant. The
3:3405 and R.S. 3:3410.                                                 applicant shall provide a title insurance policy issued by a
   HISTORICAL NOTE: Promulgated by the Department of                    company authorized to do business in Louisiana in the
Agriculture, Office of Agro-Consumer Services, Agricultural             amount of the required bond with the commission being an
Commodities Commission, LR 9:299 (May 1983), amended by the
Department of Agriculture and Forestry, Office of Agro-Consumer
                                                                        insured under the policy. The applicant shall pay all fees
Services, Agricultural Commodities Commission, LR 19:1301               involved in providing such security.
(October 1993), amended by the Department of Agriculture and                 2. All alternate security instruments shall be assigned
Forestry, Agricultural Commodities Commission, LR 37:501                to the commission and will be maintained in the
(February 2011).                                                        commission's office in Baton Rouge. Holders of certificates
Subchapter D. Grain Dealers                                             of deposit will continue to draw interest thereon.
§123. Requirements Applicable to All Grain Dealers                           3. Whenever any grain dealer ceases to operate as a
   A. No person shall buy and/or sell agricultural                      licensed grain dealer, alternate security filed in lieu of the
commodities for producers, or represent producers in the                required bond shall be retained by the commission:
purchase or sale of agricultural commodities, unless licensed                  a. until public notice, as herein required, is made;
as a grain dealer by the commission.                                    and
   B. No grain dealer may store agricultural commodities                       b. until completion of a final audit, which final
belonging to any other person unless such grain dealer is               audit shall be completed in not more than 120 days. Public
also licensed by the commission as a warehouse or licensed              notice of the commission's intent to release alternate security
under the U.S. Warehouse Act.                                           shall be made by publication in a newspaper of general
   C. A single business entity which operates grain                     circulation in the area where the licensee is located as
dealerships at more than one location may be covered by one             follows:
license. In such instances, the applicant shall provide                            i. if there is a daily newspaper in the area, such
separate personnel information for each location but may                notice shall be published at least three times, beginning at
submit a consolidated financial statement covering all                  least 15 days prior to the date on which the commission will
locations.                                                              release the alternate security;
   D. When two or more businesses which are separate                              ii. if there is no daily newspaper in the area, such
legal entities, even though owned and/or operated by the                notice shall be published in a weekly newspaper and shall be
same individual or the same legal entity, are operated at one           published once each week for the three weeks preceding the
or more physical locations, each separate entity shall obtain           date on which the commission will release the alternate
a separate license.                                                     security.
   E. Each grain dealer license issued by the commission                     4. Alternate security offered in lieu of the required
shall expire on June 30 following the date of issue.                    bond is subject to the approval of the commission and shall
   F. The applicant shall be of legal age and shall be able to          be approved prior to issuance of the license.
demonstrate knowledge of the practical facts of keeping                    I. The applicant shall demonstrate a net worth which is
accurate records regarding the trading of agricultural                  reasonably sufficient to assure its ability to meet its
commodities.                                                            obligations to producers. The commission shall be the final
   G. The applicant shall execute and file a bond, on forms             judge of the sufficiency of each applicant's net worth.
provided by the commission, which is written by a bonding                  AUTHORITY NOTE: Promulgated in accordance with R.S.
company authorized to do business in Louisiana. The bond                3:3405 and R.S. 3:3411.
shall be in an amount of $50,000 and shall provide for 90                  HISTORICAL NOTE: Promulgated by the Department of
                                                                        Agriculture, Agricultural Commodities Commission, LR 9:301

                                                                  502               Louisiana Register Vol. 37, No. 02 February 20, 2011
(May 1983), amended LR 10:75 (February 1984), LR 12:287 (May            Forestry, Agricultural Commodities Commission, LR 37:503
1986), LR 35:2311 (November 2009), amended by the Department            (February 2011).
of Agriculture and Forestry, Agricultural Commodities                   Subchapter E. Assessments and Fees
Commission, LR 37:502 (February 2011).                                  §127. Assessments: Amount, Time of Payment,
§125. Risk Position Requirements                                                  Payment under Special Conditions
   A. Each grain dealer shall achieve and maintain a                       A. Assessments shall be due and payable from the
relatively even hedge position within no more than three                producer at the first point of sale as defined in §101 of this
business days after deposit of agricultural commodities by              Part.
producer. Relatively even hedge position means that the                    B. Each grain dealer shall deduct the assessments set
grain dealer has entered into contracts to buy or sell                  forth in this rule and in R.S. 3:3422 from the proceeds to be
commodities which are roughly equal in value to the amount              paid to producers at the time of sale of commodities.
of the dealer's outstanding obligations to producers.                      C. Assessments on commodities normally weighed by
   B. Whenever a grain dealer's risk position is brought to             hundredweight and on commodities normally weighed by
market, its loss potential shall never exceed 30 percent of the         bushels shall be as set forth in R.S. 3:3422. The weight of
grain dealer's current net worth. No grain dealer may                   commodities normally weighed in barrels shall be converted
maintain a risk position in excess of 30 percent of its current         to bushels by multiplying the barrel weight by 3.6.
net worth, provided that the commission may specify a                      D. Rates of Assessments
lower maximum risk position for any grain dealer in an                       1. Assessments on regulated commodities listed in
amount having a reasonable relationship to that grain                   §105 of this Part shall be at rates comparable to the rates set
dealer's current net worth.                                             forth in §127.E of this Part. The exact assessment on each
   C. The commission may require a lower maximum risk                   commodity shall be promulgated in the Louisiana Register
position on any grain dealer by the following procedures.               and when so promulgated shall remain in full force and
     1. The commission shall notify the grain dealer that a             effect until changed by subsequent promulgation in the
public hearing will be held, within five days after notice, to          Louisiana Register. Such assessments may be collected as
establish for such grain dealer a requirement that its risk             soon as promulgated in the Louisiana Register and shall be
position will be less than 30 percent of its current net worth.         collected in the same manner as the assessments listed in
     2. The grain dealer may appear on its own behalf or                §127.C of this Part.
may be represented by counsel at the hearing, and may show                   2. Rates of assessments to be levied at the first point
cause why such lower maximum risk position shall not be                 of sale of agricultural commodities.
established for such grain dealer.
     3. The commission may require the submission of                             Rough Rice            $.01 per hundredweight
interim financial statements in order to make a final                            Corn                  $0.007 per bushel
determination with respect to establishment of a lower risk                      Soybeans              $0.007 per bushel
position requirement for such grain dealer.                                      Oats                  $0.007 per bushel
     4. The commission shall make a determination at the                         Sorghum               $0.007 per bushel
public hearing and shall establish an exact risk position as a                   Wheat                 $0.007 per bushel
                                                                                 Cotton                $0.10 per bale
percentage of current net worth for such grain dealer.
Written notice of the lower risk position requirement shall be
given by the director immediately following such public                      3. All assessments collected by licensees of the
hearing.                                                                commission shall be remitted to the commissioner, together
   D. Any grain dealer who does not adhere to the risk                  with the report form required by the commission, no later
position requirement imposed for such grain dealer by the               than the fifteenth day of the month following the month in
commission shall be subject to the penalties set forth in §149          which the assessments are collected.
of this Part.                                                                4. The above assessments shall remain in effect until
   E. Any grain dealer whose risk position is established by            changed by the commission.
the commission at less than 30 percent of its net worth may                E. Each cotton merchant, grain dealer and warehouse
request reconsideration of the established risk position                shall remit all assessments withheld from producers, or
whenever its financial position changes. Such request shall             otherwise due under this rule, together with a report on the
be made in writing, setting forth the reasons therefore, and            form provided by the commission, to the commissioner no
the commission shall consider the request at the next                   later than the fifteenth day of each month.
regularly scheduled quarterly meeting following receipt of                 AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        3:3405 and R.S. 3:3422.
such request.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                        Agriculture, Office of Agro-Consumer Services, Agricultural
3:3405 and R.S. 3:3413.
                                                                        Commodities Commission, LR 9:303 (May 1983), amended LR
   HISTORICAL NOTE: Promulgated by the Department of
                                                                        9:459 (July 1983), amended by the Department of Agriculture and
Agriculture, Office of Agro-Consumer Services, Agricultural
                                                                        Forestry, Office of Agro-Consumer Services, Agricultural
Commodities Commission, LR 9:302 (May 1983), amended by the
                                                                        Commodities Commission, LR 19:1301 (October 1993),
Department of Agriculture and Forestry, Office of Agro-Consumer
                                                                        repromulgated LR 20:154 (February 1994), amended by the
Services, Agricultural Commodities Commission, LR 19:1301
                                                                        Department of Agriculture and Forestry, Agricultural Commodities
(October 1993), amended by the Department of Agriculture and
                                                                        Commission, LR 37:503 (February 2011).




                                                                  503               Louisiana Register Vol. 37, No. 02 February 20, 2011
§128. Fees: Amount, Time of Payment                                         for the purpose set forth in Paragraph 1 of this Section.
   A. Fees are due and payable upon the receipt of an                       Registration forms shall be provided by the department and
invoice from the department. A late payment shall be                        shall state the name and address of the commercial facility
assessed for all invoices paid after 30 days from the date of               which owns or uses the device, the number of devices used
the invoice. The amount which shall be assessed shall be 10                 and held for use, the brand name(s) of the device(s), and
percent of the outstanding balance.                                         such other information as may be deemed necessary to carry
   B. Applicable fees shall be charged for each request for                 out the provisions of this Subchapter.
the department to provide official inspection service or                         3. A moisture measuring device shall be deemed
weighing service.                                                           defective when an inspector determines after an inspection
   C. Schedule of Fees                                                      and testing that:
     1. The regular hours shall be 8 a.m. to 4:30 p.m.,                            a. the moisture measuring device varies in tolerance
Monday through Friday, except legal holidays and declared                   in excess of one-half of one per cent with the testing device
half-holidays. All hours worked, that are not regular hours,                used by the inspector; or
shall be considered as overtime. Legal holidays and half-                          b. the commercial facility does not have available
holidays shall be those legal holidays designated by the                    the latest charts and calibration data for the type of
legislature in R.S. 1:55(B) and any other time declared to be               commodity being tested; or
a holiday or half-holiday by the governor of Louisiana in                          c. the facility does not have available accurate and
accordance with R.S. 1:55.                                                  proper scales and thermometers for use in conjunction with
     2. The hourly rate shall be $26 per hour, including                    the type of moisture measuring device being used.
travel time. Overtime hours shall be billed at one and one-                      4.a. A moisture measuring device which is determined
half times the hourly rate and shall be assessed in half-hour               to be defective and which the defect cannot be immediately
increments.                                                                 corrected shall be tagged in such a manner as to warn the
     3. Mileage shall be billed at the IRS standard mileage                 public that the device is not in compliance with the law.
rate and applicable hourly rate for actual miles traveled from                     b. Notice shall be conspicuously posted indicating
nearest inspection point. Changes to the mileage rate shall be              that a moisture measuring device has been deemed defective
effective when the IRS changes their standard mileage rate.                 and the percentage by which the device has been determined
     4. Official Services (including sampling except as                     to be out of tolerance.
indicated)                                                                       5. Moisture measuring devices which have been
                                                                            registered and inspected and which have not been found
   Online D/T sampling inspection service                      $26          defective shall bear an official tag or sticker from the
   (sampling, grading and certification), per regular hour                  department, placed on the devices by the inspector in such a
   Overtime hourly rate, per hour                              $39          manner as to be readily visible, bearing the year of
   Unit Inspection Fees:                                                    inspection. Such tags or stickers shall be nontransferable.
      Aflatoxin Testing, per sample                            $30
      Rail Car, per car                                      $20.50
                                                                                 6. All non-National Type Evaluation Program (NTEP)
      Truck/Trailer, per carrier                               $10          approved moisture measuring devices registered prior to
      Barge, per 1,000 bushels                                $2.60         May 15, 2010 shall be deemed suitable for use. In the event
      Submitted sample inspection                            $12.30         a non-NTEP moisture measuring device is deemed defective
      Re-inspection grain sample                               $15          after May 15, 2010, it shall be taken out of service and
      Rail Car (per sample)                                  $10.30         replaced with an NTEP approved device.
      Truck/Trailer (per sample)                              $5.30              7. Notwithstanding §128.D of this Part, all moisture
      Barge (per sample)                                     $25.30
                                                                            measuring devices shall be NTEP approved devices.
      Starlink TM (if applicant supplies kit), per test          $6
                                                                               AUTHORITY NOTE: Promulgated in accordance with R.S.
      Starlink TM (if LDAF provides kit), per test             $12          3:3405, R.S. 3:3414.3 and R.S. 3:3422.
      Factor only determination, per factor                   $5.20            HISTORICAL NOTE: Promulgated by the Department of
      (not to exceed full grade fee)
                                                                            Agriculture, Office of Agro-Consumer Services, Agricultural
      Probe Sampling Barge (per barge)                        $100
                                                                            Commodities Commission, LR 12:287 (May 1986), amended LR
      On-Line Sampling Barge (per hour)                        $20
                                                                            14:528 (August 1988), LR 19:889 (July 1993), LR 23:196
                                                                            (February 1997), LR 27:815 (June 2001), amended by the
   D. Moisture Meter Registration and Inspection Fee                        Department of Agriculture and Forestry, Office of the
     1. A registration fee of $20 per meter and an                          Commissioner, Agricultural Commodities Commission, LR 30:197
inspection fee of $40 per meter to shall be paid by the owner               (February 2004), amended by the Department of Agriculture and
or user of every moisture measuring device used or held for                 Forestry, Agricultural Commodities Commission, LR 37:504
use at any commercial facility which receives, holds, dries,                (February 2011).
stores, mills, processes or otherwise deals in agricultural                 Subchapter F. Scale Tickets
commodities in the state, when such use or intended use is                  §129. Scale Tickets: Filing, Contents, Maintenance in
for the purpose of determining discounts or other price                               Records
variances in connection with the purchase or sale of such                     A. Immediately upon deposit with a licensed warehouse
commodity, said Each moisture meter device shall be                         or a licensed grain dealer of any agricultural commodity or
registered with the Louisiana Department of Agriculture and                 farm product regulated under R.S. 3:3401-3425, the
Forestry.                                                                   warehouse or grain dealer shall issue a scale ticket to the
     2. Registration shall be required on or before May 15                  depositor which conforms to the requirements of this rule.
of each year or within five business days of acquisition of                 Warehouses licensed under the U.S. Warehouse Act may use
new or additional unregistered moisture measuring devices                   scale tickets approved by the federal licensing agency.

                                                                      504              Louisiana Register Vol. 37, No. 02 February 20, 2011
   B. Each scale ticket shall contain the following                       outstanding and uncanceled warehouse receipt, except as
information:                                                              provided by §133.D of this Part.
     1. name and location of the licensed warehouse or                         3. No warehouse may issue a warehouse receipt
grain dealer;                                                             covering commodities which are not actually stored in the
     2. name and other information sufficient to identify                 warehouse.
the owner of the agricultural commodities or farm products;                  E. All spaces on the warehouse receipt shall be filled in
     3. the type, quantity, and grade (or applicable grade                with appropriate information or crossed out (xxxxx).
factors) necessary to determine the net value of the                         F. Warehouse receipts may be signed only by authorized
commodity received;                                                       agents of the warehouse.
     4. date the commodity was deposited in the warehouse                    G. Open Storage
or grain dealer's custody;                                                     1. A warehouse which has commodities under open
     5. one of the following, as appropriate:                             storage shall, in all cases when such commodities are not
        a. if the commodity is deposited on a spot basis, the             physically stored in its facilities (i.e., forwarded), be able to
words spot or spot sale, and when so marked the scale ticket              produce or secure a warehouse receipt from the warehouse
shall serve as written confirmation of the sale;                          to which such commodities were forwarded. The physical
        b. if the commodity is deposited for any type of                  whereabouts of all agricultural commodities in open storage
storage, including open storage, the word storage;                        are subject to verification by the commission.
        c. if the commodity is deposited for contract, the                   H. Delivery of Commodities Covered by Warehouse
word contract;                                                            Receipt or Scale Ticket Marked for Storage
     6. such other terms as may be agreed upon between                         1. The holder of a warehouse receipt or a scale ticket
the depositor and the warehouse operator or grain dealer.                 marked for storage may request delivery of the agricultural
   C. Scale tickets shall be sequentially pre-numbered and                commodities, or any portion thereof, at any time.
shall be issued to depositors in numerical order. Different                    2. When the depositor of agricultural commodities
scale ticket books may be used for different scales.                      removes such commodities from storage, the warehouse
   D. Each scale ticket shall consist of an original and at least         shall deliver to the depositor commodities of the same
one copy. The original or a copy of the scale ticket shall be             quantity and grade as designated on the warehouse receipt or
maintained in numerical order in the licensee's records and               scale ticket marked for storage.
shall be available for examination by the commission at all                    3. The warehouse shall, without unnecessary delay,
times.                                                                    deliver any agricultural commodities or farm products stored
   E. Whenever a scale ticket is voided, all copies shall be so           therein upon demand by the holder of a warehouse receipt or
marked, dated, and signed by an authorized agent of the                   scale ticket marked for storage upon the following
warehouse or grain dealer, and all copies of the voided scale             conditions:
ticket shall be maintained in the warehouse or grain dealer's                     a. full payment of all amounts owed to the
records.                                                                  warehouse;
   AUTHORITY NOTE: Promulgated in accordance with R.S.                            b. surrender of the warehouse receipt, if negotiable,
3:3405 and R.S. 3:3415, R.S. 3:3419.                                      for cancellation.
   HISTORICAL NOTE: Promulgated by the Department of                         I. Cancellation of Warehouse Receipt
Agriculture, Agricultural Commodities Commission, LR 9:304                     1. When commodities or farm products are removed
(May 1983), amended by the Department of Agriculture and
Forestry, Agricultural Commodities Commission, LR 37:504
                                                                          from storage, the warehouse shall promptly and plainly
(February 2011).                                                          cancel the warehouse receipt covering such commodities or
Subchapter G. Warehouse Receipts                                          farm products.
§131. Warehouse Receipts: Completion; Issuance;                                2. No warehouse receipt shall be canceled unless:
          Open Storage; Cessation of Business; Other                              a. the commodities have been removed from
                                                                          storage, by sale or otherwise; or
          Applicable Laws; Cancellation of Receipts;
                                                                                  b. a new warehouse receipt has been issued to
          Company-Owned Commodities; Form of Non-
                                                                          replace a lost or destroyed warehouse receipt, as provided
          negotiable Receipts
                                                                          under §133.D of this Part.
  A. A licensee may issue warehouse receipts by use of a
                                                                             J. Warehouse          Receipt       on      Company-Owned
paper warehouse receipt system, an electronic warehouse
                                                                          Commodities
receipt system, or both.
                                                                               1. A warehouse may issue and hold a warehouse
  B. Except as herein provided, all warehouses shall use
                                                                          receipt for commodities which are company-owned, in
paper or electronic sequentially numbered warehouse
                                                                          whole or in part, and stored in the warehouse, provided that
receipts.
                                                                          such warehouse receipts are subject to all requirements of
  C. Warehouses licensed under the U.S. Warehouse Act
                                                                          the regulations contained in this Part.
may use receipt forms approved by the federal licensing
                                                                             K. Non-Negotiable Warehouse Receipts
agency.
                                                                               1. Each person to whom a non-negotiable warehouse
  D. Issuance of Receipts
                                                                          receipt is issued shall furnish the warehouse with a written
    1. Each warehouse shall, on demand, issue a
                                                                          statement naming persons having power to authorize
warehouse receipt for stored agricultural commodities or
                                                                          delivery of the commodity covered by the non-negotiable
farm products.
                                                                          warehouse receipt, together with a bona fide signature of
    2. No warehouse shall issue a warehouse receipt
                                                                          such person. The warehouse shall not release the commodity
covering commodities which are already covered by an

                                                                    505               Louisiana Register Vol. 37, No. 02 February 20, 2011
except to persons so authorized by the owner of the                           3. A duplicate negotiable warehouse receipt issued to
commodities or farm products.                                            replace a lost or destroyed receipt shall:
     2. The warehouse may release a portion of the                              a. be marked duplicate;
commodities or farm products covered by a non-negotiable                        b. be distributed as required under §131.C of this
warehouse receipt, upon presentation of authorization as                 Part;
above required, but may not release all of the commodities                      c. contain the same terms and conditions as the lost
covered by a non-negotiable warehouse receipt until such                 or destroyed warehouse receipt; and
time as the non-negotiable warehouse receipt is returned and                    d. bear on its face the number and date of the
canceled.                                                                warehouse receipt which it replaces.
   L. Cessation of Business                                                   2. The warehouse shall retain both the green and the
     1. Whenever any warehouse ceases to operate as a                    yellow copies of canceled warehouse receipts in numerical
licensed warehouse, for any reason, the warehouse shall                  order in the warehouse records for a period of at least three
satisfy all outstanding obligations to producers and all                 years after date of cancellation.
outstanding warehouse receipts shall be canceled. The                       AUTHORITY NOTE: Promulgated in accordance with R.S.
requirement for cancellation does not, however, apply when               3:3405, R.S. 3:3416, R.S. 3:3417 and R.S. 3:3418.
the warehouse is unable, for any reason, to satisfy                         HISTORICAL NOTE: Promulgated by the Department of
obligations to producers.                                                Agriculture, Office of Agro-Consumer Services, Agricultural
                                                                         Commodities Commission, LR 9:306 (May 1983), amended LR
   M. Other Applicable Laws                                              11:229 (March 1985), amended by the Department of Agriculture
     1. In any circumstances surrounding the issuance of                 and Forestry, Office of Agro-Consumer Services, Agricultural
warehouse receipts which are not covered by R.S. 3:3401-                 Commodities Commission, LR 19:1302 (October 1993), amended
3425 or the regulations contained in this Part, Chapter 7 of             by the Department of Agriculture and Forestry, Agricultural
Title 10 of the Louisiana Revised Statutes of 1950 shall                 Commodities Commission, LR 37:506 (February 2011).
control.                                                                 §134.    Electronic Warehouse Receipts (EWR): Validity;
   AUTHORITY NOTE: Promulgated in accordance with R.S.                            Format; Issuance; Rights and Obligations;
3:3405, R.S. 3:3416, R.S. 3:3417 and R.S. 3:3418.                                 Printing; Records Retained; Duplicates
   HISTORICAL NOTE: Promulgated by the Department of
                                                                            A. The issuance and transfer of warehouse receipts in
Agriculture, Office of Agro-Consumer Services, Agricultural
Commodities Commission, LR 9:305 (May 1983), amended by the
                                                                         electronic form are specifically authorized by this Part. Any
Department of Agriculture and Forestry, Agricultural Commodities         such warehouse receipts shall have the same validity and
Commission, LR 37:505 (February 2011).                                   enforceability, for all purposes, as those in paper form.
§133.     Paper Warehouse Receipts: Required Form;                          B. An EWR shall be in the format prescribed in the
          Issuance; Partial Delivery; Duplicate Receipts;                applicable provider agreement.
          Non-Negotiable Receipts                                           C. An EWR issued in accordance with the R.S. 3:3401-
   A. Except as herein provided, all paper warehouse                     3425 shall not be denied legal effect, validity, or
receipts shall only be sequentially pre-numbered warehouse               enforceability on the grounds that the information is
receipts on forms furnished by the commission.                           generated, sent, received or stored by electronic or similar
   B. Agents of the commission shall note the issuance of                means.
all partial releases, by number of each such partial release,               D. A warehouse shall not be required to issue a
on the original receipt.                                                 warehouse receipt in electronic form.
   C. Whenever a warehouse receipt is voided, all copies                    E. If a warehouse licensed under R.S. 3:3401-3425
shall be so marked, dated, and signed by an authorized agent             elects to issue EWRs, and if the depositor or other holder
of the warehouse; the green and yellow copies of the voided              prefers a paper receipt, the warehouse shall cancel the EWR
receipt shall be maintained in proper sequence in the                    and issue a paper receipt.
warehouse's receipt records and the pink copy shall be                      F. A warehouse operator intending to issue or issuing
mailed to the commission on the day voided.                              EWRs under the R.S. 3:3401-3425 shall:
   D. Issuance of Duplicate Negotiable Warehouse Receipt                      1. issue an EWR through only one authorized provider
     1. If a negotiable warehouse receipt is lost or                     annually;
destroyed, the warehouse shall notify the commission of                       2. inform the department of the identity of its provider
such loss or destruction prior to issuance of a duplicate                60 calendar days in advance of first issuing an EWR through
warehouse receipt. A duplicate warehouse receipt replacing a             that provider. The department may waive or modify this 60-
lost or destroyed negotiable warehouse receipt may be                    day requirement;
issued by the warehouse only upon the written authorization                   3. before issuing an EWR, request and receive from
of the commission.                                                       the department a range of consecutive warehouse receipt
     2. Before authorizing issuance of a duplicate                       numbers that the warehouse will use consecutively for
negotiable warehouse receipt, the commission shall require               issuing their EWRs;
that the person applying for authority to issue the duplicate                 4. cancel an EWR only when it is the holder of the
warehouse receipt shall file with the commission a notarized             EWR;
statement that:                                                               5. receive written authorization from the department at
        a. the applicant is lawfully entitled to possession of           least 30 calendar days before changing providers. Upon
the duplicate warehouse receipt;                                         authorization, a warehouse may request its current provider
        b. the applicant has not negotiated or assigned the              to transfer, and that provider shall transfer, its EWR data
lost or destroyed warehouse receipt; and                                 from the current provider's CFS to the CFS of the authorized
        c. reports how the original was lost or destroyed.               provider it selects;
                                                                   506              Louisiana Register Vol. 37, No. 02 February 20, 2011
     6. notify all holders of EWRs in the CFS at least 30             Agricultural Commodities Commission, LR 37:506 (February
calendar days before changing providers, unless otherwise             2011).
allowed or required by FSA; and                                       Subchapter H.       Grading; Sampling; Out-of-Condition
     7. for purposes of §134.F.4 of this Part, the warehouse                              Commodities
is considered a "holder" solely for the purpose of canceling          §135. Elevators: Official Grades and Sampling
an electronic warehouse receipt on the electronic warehouse              A. All agricultural commodities shall be graded and
receipt system and the warehouse shall in no way be                   sampled in accordance with official USDA grading
considered the owner of the grain that was covered by the             standards, as detailed in The Official United States Standards
canceled electronic warehouse receipt, absent evidence of             for Grain handbook.
sale of that grain to the warehouse.                                     B. Procedures that result in equivalent results to USDA
   G. EWR Rights and Obligations. An EWR establishes                  procedures are acceptable.
the same rights and obligations with respect to an                       C. Requirements for Certification as an Elevator Grain
agricultural product as a paper warehouse receipt and                 Sampler and/or Grader
possesses the following attributes.                                        1. All persons interested in being certified to grade or
     1. The holder of an EWR will be entitled to the same             sample grain for an elevator shall submit an application on a
rights and privileges as the holders of a paper warehouse             form which shall be provided by the commission.
receipt.                                                                   2. All applicants shall pass an examination which
     2. Only the current holder of the EWR may transfer               shall be given by the department. The examination fee shall
the EWR to a new holder.                                              be $5 and shall be submitted with the application. If the
     3. The identity of the holder shall be kept confidential         applicant successfully completes the examination, he will be
by the provider.                                                      required to pay a $25 fee in order to be certified.
     4. Only one person may be designated as the holder of                 3. Each person that has been certified and whose
an EWR at any one time.                                               certification has not been revoked or suspended may renew
     5. A warehouse operator may not issue an EWR on a                that certification by submitting an application to renew with
specific identity-preserved or commingled lot of grain or any         a fee of $25.
portion thereof while another valid warehouse receipt                      4. All certifications shall expire on December 31 of
representing the same specific identity-preserved or                  each year and shall be renewed annually.
commingled lot of grain remains not canceled. No two                     D. One elevator representative may be certified as grader
warehouse receipts issued by a warehouse may have the                 and sampler as long as the representative is responsible for
same warehouse receipt number or represent the same lot of            subordinate graders and samplers.
grain.                                                                   E. The commission shall be required to provide each
     6. Holders and warehouse operators may authorize                 grain dealer with a copy of all changes to USDA standards
any other user of their provider to act on their behalf with          prior to the effective date of such changes.
respect to their activities with this provider. This                    AUTHORITY NOTE: Promulgated in accordance with
authorization shall be in writing and acknowledged and                R.S.3:3405 and R.S. 3:3414.3.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
retained by the warehouse and provider.
                                                                      Agriculture, Office of Agro-Consumer Services, Agricultural
   H. Printing                                                        Commodities Commission, LR 9:309 (May 1983), amended LR
     1. Electronic warehouse receipts may be printed by a             12:288 (May 1986), amended by the Department of Agriculture and
person authorized by the department. The department shall             Forestry, Agricultural Commodities Commission, LR 37:507
authorize persons to print warehouse receipts if they are             (February 2011).
printed in accordance with R.S. 3:3401-3425 and the                   §136. State Official Grain Inspections
regulations contained in this Part.                                     A. Standards established in Regulations Under the
     2. All electronic warehouse receipts shall be:                   United States Grain Standard Act, As Amended, USDA,
       a. printed only for licensee;                                  Federal Grain Inspection Service (CFR, Title 7, Chapter
       b. numbered consecutively either at the time of                VIII, Pt. 800 (Section 800.0 to 800.219), 801 (Section 801.1-
printing or through the control of a computer generated               801.12), 802 (Section 802.0 to 802.13), and 810 (Section
system, and the numbers shall not be duplicated.                      810.201 to 810.555), shall apply to all Department of
   I. A complete record of receipts printed shall be retained         Agriculture and Forestry grain inspections.
by the person printing them for five years, showing for                 AUTHORITY NOTE: Promulgated in accordance with
whom printed, the number printed, and the consecutive                 R.S.3:3405 and R.S. 3:3414.3.
numbers that were printed on the receipts.                              HISTORICAL NOTE: Promulgated         by    the  Louisiana
   J. A duplicate copy of any invoice rendered for printing           Department of Agriculture, Office of Agro-Consumer Services,
warehouse receipts shall be forwarded by the person printing          Agricultural Commodities Commission, LR 12:288 (May 1986),
                                                                      amended by the Department of Agriculture and Forestry,
them to the department at the same time as billing is made to         Agricultural Commodities Commission, LR 37:507 (February
the warehouse. The invoice shall show for whom printed, the           2011).
consecutive numbers that were printed on the receipts, type           §137. Out-of-Condition Commodities
of receipt (whether negotiable or non-negotiable), and                  A. If a warehouse operator has reason to believe that any
number of receipts printed.                                           identity-preserved commodities are out-of-condition, or are
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                      becoming out-of-condition, he shall give immediate notice
3:3405, R.S. 3:3416, R.S. 3:3417 and R.S. 3:3418.
   HISTORICAL NOTE: Promulgated by the Department of
                                                                      of such fact to the director of the commission and to the
Agriculture and Forestry, Office of Agro-Consumer Services,           owner of the commodities.

                                                                507               Louisiana Register Vol. 37, No. 02 February 20, 2011
   B. The director shall immediately send a representative                  B. No later than the fifteenth day of each month, each
to the warehouse to determine whether out-of-condition                   warehouse shall file a copy of his daily inventory report for
commodities shall be cleaned, at the cost of the warehouse,              the preceding month with the commission.
or disposed of as the law permits and the circumstances                       1. The reports shall be filed on forms provided by the
require.                                                                 commission.
   C. The storer of such commodities shall notify the                         2. The commission may accept computer print-outs
warehouse operator, within 24 hours after receipt of notice,             containing the same information as required by the
of the disposition to be made of such commodities. If the                commission's form.
storer of the commodities fails to make such notice to the                    3. The commission may accept any report in
warehouse operator, the warehouse operator may dispose of                substantially the same form which is prepared as a result of
the commodities as authorized by the commission.                         any federal requirement in lieu of the report on the
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   commission's form.
3:3405.                                                                     C. Subsequent to initial licensure under R.S. 3:3401-
   HISTORICAL NOTE: Promulgated by the Department of                     3425, each cotton merchant, grain dealer and warehouse
Agriculture, Office of Agro-Consumer Services, Agricultural              shall file a financial statement, containing all of the
Commodities Commission, LR 9:309 (May 1983), amended by the
Department of Agriculture and Forestry, Agricultural Commodities
                                                                         information required under §107.B of this Part, no later than
Commission, LR 37:507 (February 2011).                                   90 days after the last day of the warehouse's or grain dealer's
Subchapter I. Records and Reports                                        fiscal year.
§141. Records Required to be Maintained                                     D. Each cotton merchant, grain dealer and warehouse
   A. Each grain dealer, cotton merchant and warehouse                   shall file such unaudited financial statements as and when
shall maintain the following records, when applicable to the             required by the commission.
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
commodity stored or traded, on a current basis in the
                                                                         3:3405, R.S. 3:3:3419 and R.S. 3:3422.
company's principal office in this state at all times:                      HISTORICAL NOTE: Promulgated by the Department of
     1. current financial statement;                                     Agriculture, Office of Agro-Consumer Services, Agricultural
     2. bank statements;                                                 Commodities Commission, LR 9:310 (May 1983), amended by the
     3. bank reconciliations;                                            Department of Agriculture and Forestry, Office of Agro-Consumer
     4. broker's statements;                                             Services, Agricultural Commodities Commission, LR 19:1302
     5. current listing of unpriced commodities;                         (October 1993), LR 35:2311 (November 2009), amended by the
     6. sequential record of all scale tickets;                          Department of Agriculture and Forestry, Agricultural Commodities
     7. sequential record of all warehouse receipts;                     Commission, LR 37:508 (February 2011).
     8. settlement or distribution sheets;                               Subchapter J. Access Requirements
     9. weight sheets;                                                   §145. Access Requirements
     10. perpetual inventory record;                                        A. Each licensee shall permit any officer or authorized
     11. insurance file, including copies of monthly reports             representative of the commission or the commissioner to
to the carrier;                                                          enter all locations listed on the application for license and
     12. record of all assessments collected and remitted;               inspect, examine, and/or audit all contents, facilities,
     13. copies of all outstanding contracts;                            equipment, records, books, accounts, samples, and grading
     14. copies of all outstanding notes and mortgages                   and sampling practices relating thereto at any time during
affecting the business;                                                  normal working hours, with or without notice.
     15. a sample of each lot of grain which contains                       B. The warehouse operator, cotton merchant, or grain
damage in excess of 7 1/2 percent shall be:                              dealer shall provide the necessary assistance required for any
        a. maintained for five days from the original grade              inspection, examination, and/or audit made in accordance
date; and                                                                with R.S. 3:3401-3425.
        b. maintained in separate containers.                               C. Each licensee having physical custody of
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   commodities shall permit any authorized representative of
3:3405, R.S. 3:3419 and R.S. 3:3414.3.                                   the commission or the commissioner to sample commodities
   HISTORICAL NOTE: Promulgated by the Department of                     at any time during normal business hours.
Agriculture, Office of Agro-Consumer Services, Agricultural                 AUTHORITY NOTE: Promulgated in accordance with R.S.
Commodities Commission, LR 9:309 (May 1983), amended LR                  3:3405, R.S. 3:3414.3 and R.S. 3:3419.
12:288 (May 1986), amended by the Department of Agriculture and             HISTORICAL NOTE: Promulgated by the Department of
Forestry, Office of the Commissioner, LR 24:625 (April 1998), LR         Agriculture, Office of Agro-Consumer Services, Agricultural
35:2311 (November 2009), amended by the Department of                    Commodities Commission, LR 9:310 (May 1983), amended LR
Agriculture and Forestry, Agricultural Commodities Commission,           12:288 (May 1986), amended by the Department of Agriculture and
LR 37:508 (February 2011).                                               Forestry, Office of the Commissioner, LR 24:625 (April 1998),
§143. Reports Required                                                   amended by the Department of Agriculture and Forestry,
  A. Each cotton merchant, grain dealer and warehouse                    Agricultural Commodities Commission, LR 37:508 (February
shall file a report of assessments collected from producers,             2011).
on the form provided by the commission, and remit such                   §Subchapter K. Posting Requirements
assessments to the commissioner no later than the fifteenth              §147. Posting Requirements
day of each month. The assessment report shall be filed each               A. Each grain dealer and cotton merchant shall post its
month whether or not any assessments were collected during               original license issued by the commission in a conspicuous
the month.                                                               location at its principal place of business. A copy of the


                                                                   508               Louisiana Register Vol. 37, No. 02 February 20, 2011
license shall be posted at all other locations covered by the            former licensee shall immediately surrender the original and
license.                                                                 all copies of the license.
   B. Each warehouse location shall post its original license               J. No person whose license has been suspended or
issued by the commission so that it is clearly visible at the            revoked may engage in any of the activities regulated under
main entrance to the warehouse. When only a portion of a                 R.S. 3:3401-3425.
location is licensed by the commission, that portion licensed               K. Any licensee may appeal any action taken by the
by the commission shall be clearly marked.                               commission to suspend/revoke a license or impose a
   C. The warehouse schedule of tariffs or charges shall be              monetary penalty by either:
posted in a conspicuous location at each location.                            1. applying for a rehearing under the procedures
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   provided in the Administrative Procedure Act; or
3:3405, R.S. 3:3409, R.S. 3:3411 and R.S. 3:3420.                             2. applying for judicial review of the commission's
   HISTORICAL NOTE: Promulgated by the Department of                     determination, under either the Administrative Procedure Act
Agriculture, Office of Agro-Consumer Services, Agricultural              or other applicable laws.
Commodities Commission, LR 9:311 (May 1983), amended LR
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
11:229 (March 1985), LR 12:287 (May 1986), amended by the
                                                                         3:3405, R.S. 3:3410, R.S. 3:3411, R.S. 3:3417 and R.S. 3:3424.
Department of Agriculture and Forestry, Agricultural Commodities
                                                                            HISTORICAL NOTE: Promulgated by the Department of
Commission, LR 37:508 (February 2011).
                                                                         Agriculture, Office of Agro-Consumer Services, Agricultural
Subchapter L. Suspension/Revocation of License; Other                    Commodities Commission, LR 9:311 (May 1983), amended by the
                  Penalties                                              Department of Agriculture and Forestry, Office of Agro-Consumer
§149. Adjudication Required Prior to                                     Services, Agricultural Commodities Commission, LR 12:288 (May
          Suspension/Revocation of License or Imposition                 1986), LR 19:1303 (October 1993), amended by the Department of
          of Other Penalties; Amount of Penalties;                       Agriculture and Forestry, Office of the Commissioner, LR 24:625
          Surrender of License                                           (April 1998), amended by the Department of Agriculture and
                                                                         Forestry, Agricultural Commodities Commission, LR 37:509
   A. Whenever the chairman has any reason to believe that
                                                                         (February 2011).
a violation of R.S. 3:3401-3425 or the regulations contained
                                                                         Subchapter M. Schedule of Inspections; Voluntary
in this Part has occurred, he shall call a meeting of the
                                                                                         Inspection
commission for the purpose of conducting an adjudicatory
                                                                         §151. Inspection of Physical Facilities and Contents;
hearing to make a determination with respect to the
                                                                                   Schedule
suspected violation.
                                                                            A. A complete inspection of the physical facilities and
   B. Upon any directive of the chairman, the director shall
                                                                         the contents thereof shall be made of each licensee at least
give written notice to the person suspected of the violation,
                                                                         once during each license period, but may be made more
such notice to comply with the requirements of the
                                                                         frequently. Such inspection of facilities and contents may or
Administrative Procedure Act, at least five days prior to the
                                                                         may not be made in conjunction with an audit of the
date set for such adjudicatory hearing.
                                                                         licensee's books and records.
   C. At any such adjudicatory hearing, the person
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
suspected of a violation of R.S. 3:3401-3425 or the                      3:3405 and R.S. 3:3406.
regulations contained in this Part shall be accorded all of the             HISTORICAL NOTE: Promulgated by the Department of
rights set forth in the Administrative Procedure Act.                    Agriculture, Office of Agro-Consumer Services, Agricultural
   D. The commission may suspend or revoke a license for                 Commodities Commission, LR 9:312 (May 1983), amended by the
any of the grounds set forth in §109 of this Part, or any other          Department of Agriculture and Forestry, Agricultural Commodities
violation of R.S. 3:3401-3425 or the regulations contained in            Commission, LR 37:509 (February 2011).
this Part, whenever proof thereof is made at any adjudicatory            §153. Voluntary Inspection Service
proceeding noticed and conducted as required by the                         A. Warehouses which require more frequent inspection
Administrative Procedure Act.                                            and verification of contents, for whatever reason, may secure
   E. Whenever the commission makes a determination at                   such services by making an application to the commission.
an adjudicatory hearing that any violation of R.S. 3:3401-                  B. Voluntary inspection of facilities and contents, and
3425 or the regulations contained in this Part has occurred,             verification thereof, on a schedule which shall be mutually
the commission may:                                                      agreed upon between the warehouse applying for voluntary
     1. suspend or revoke the license;                                   inspection services and the commissioner, shall be made for
     2. impose a monetary fine;                                          a fee of $0.01 per hundredweight for commodities normally
     3. place licensee on probation.                                     weighed by hundredweight, $.007 per bushel (or barrel
   F. Any suspension of a license shall be for a definite                weight converted to bushels as provided by R.S. 3:3422 and
period of time and the licensee shall be informed in writing             §127.C of this Part) for commodities normally weighed by
of the period of suspension.                                             bushel, or such other fee as may be promulgated by the
   G. The commission may impose a penalty of up to                       commission as an assessment fee on other agricultural
$1,000 for each violation of R.S. 3:3401-3425 or the                     commodities or farm products.
regulations contained in this Part which is proven in an                    C. The fee for voluntary inspection services shall be due
adjudicatory hearing.                                                    and payable within 15 days after each inspection is
   H. Each separate day on which a violation occurs shall                completed.
be considered a separate violation.                                         D. The total fee for each voluntary inspection of facilities
   I. Whenever the commission suspends or revokes a                      and contents shall be determined by multiplying the total
warehouse, cotton merchant, or grain dealer license, the                 amount of commodities under warehouse receipt at the time

                                                                   509               Louisiana Register Vol. 37, No. 02 February 20, 2011
of voluntary inspection services times the fee set forth in              Agricultural Commodities Commission, LR 35:629 (April 2009),
§153.B of this Part.                                                     amended by the Department of Agriculture and Forestry,
  E. The minimum inspection fee applicable to voluntary                  Agricultural Commodities Commission, LR 37:510 (February
inspection services, when performed for any licensee of the              2011).
commission, shall be $100.                                               §195. Purpose
   AUTHORITY NOTE: Promulgated in accordance with R.S.                     A. Upon the insolvency of a licensee, the fund shall be
3:3405 and R.S. 3:3422.                                                  used to reimburse a producer who has not otherwise been
   HISTORICAL NOTE: Promulgated by the Department of                     fully compensated for grain or cotton sold to the licensee.
Agriculture, Office of Agro-Consumer Services, Agricultural                 AUTHORITY NOTE: Promulgated in accordance with R.S.
Commodities Commission, LR 9:312 (May 1983), amended by the              3:3410.2.
Department of Agriculture and Forestry, Office of Agro-Consumer             HISTORICAL NOTE: Promulgated by the Department of
Services, Agricultural Commodities Commission, LR 19:1303                Agriculture and Forestry, Office of Agro-Consumer Services,
(October 1993), amended by the Department of Agriculture and             Agricultural Commodities Commission, LR 35:629 (April 2009),
Forestry, Agricultural Commodities Commission, LR 37:509                 amended by the Department of Agriculture and Forestry,
(February 2011).                                                         Agricultural Commodities Commission, LR 37:510 (February
Subchapter N. Exemptions                                                 2011).
§155. Exemptions                                                         §197. Assessments
   A. The regulations contained in this Part shall not apply                A. The commission shall charge an assessment at the rate
to the following:                                                        of 1/25 of one percent on the value of all agricultural
     1. cold storage facilities;                                         commodities regulated under this Chapter which are
     2. facilities which store only commodities which are                purchased by grain dealers and cotton merchants licensed in
imported from outside the boundaries of the continental                  this state.
United States;                                                              B. The assessments shall be levied only on commodities
     3. seed dealers licensed under R.S. 3:1431 et seq.,                 which are grown in Louisiana and that are regulated by the
who store seed for producers, which is identifiable on the               commission.
bag and in the seed dealer's records as to the owner thereof,               C. The assessments shall be due and payable to the
but who do not engage in any other activities regulated                  commission by the licensee at the first point of sale, except
under R.S. 3:3401-3425. This exemption does not apply to                 as otherwise provided for under §199 of this Part.
seed dealers who issue warehouse receipts.                                  D. The assessments shall be due to the commission on a
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   monthly basis.
3:3425 and R.S. 3:3405.                                                     E. Each grain dealer and cotton merchant shall send a
   HISTORICAL NOTE: Promulgated by the Department of                     completed copy of the Louisiana Grain and Cotton
Agriculture, Office of Agro-Consumer Services, Agricultural              Indemnity Fund Monthly Assessment Report (supplied by
Commodities Commission, LR 9:313 (May 1983), amended by the              the commission) and assessment to the commission by the
Department of Agriculture and Forestry, Agricultural Commodities
                                                                         fifteenth of each month for the preceding month.
Commission, LR 37:510 (February 2011).
                                                                            F. In the event no assessments are collected by the
Subchapter O. Grain and Cotton Indemnity Fund
                                                                         licensee, the licensee shall still submit a report each month
§191. Creation
                                                                         to the commission on the approved form.
  A. The Grain and Cotton Indemnity Fund is hereby                          AUTHORITY NOTE: Promulgated in accordance with R.S.
created pursuant to R.S. 3:3410.2.                                       3:3410.2.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                      HISTORICAL NOTE: Promulgated by the Department of
3:3410.2.                                                                Agriculture and Forestry, Office of Agro-Consumer Services,
   HISTORICAL NOTE: Promulgated by the Department of                     Agricultural Commodities Commission, LR 35:629 (April 2009),
Agriculture and Forestry, Office of Agro-Consumer Services,              amended by the Department of Agriculture and Forestry,
Agricultural Commodities Commission, LR 35:629 (April 2009),             Agricultural Commodities Commission, LR 37:510 (February
amended by the Department of Agriculture and Forestry,                   2011).
Agricultural Commodities Commission, LR 37:510 (February
                                                                         §199.    Cotton Merchants Operating on a Cooperative
2011).
                                                                                  Basis
§193. Definitions
                                                                           A. Cotton merchants operating on a cooperative basis
   A. The following words and terms are defined for
                                                                         shall pay the assessment rate of 1/25 of one percent of the
purposes of this Subchapter and supplement the words and
                                                                         value of the commodity at the time of each payment,
terms defined in §101 of this Part.
                                                                         including any initial advance payment, progress payments
     Claimant—a producer, as defined in §101 of this Part.
                                                                         and final payment to its members as proceeds of the crop.
     Fund—the Grain and Cotton Indemnity Fund.
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
     Insolvency—the inability of a licensee to meet debts or             3:3410.2.
discharge liabilities.                                                      HISTORICAL NOTE: Promulgated by the Department of
     Licensee—for purposes of this Subchapter only, a                    Agriculture and Forestry, Office of Agro-Consumer Services,
Licensee is a cotton merchant as defined in R.S. 3:3402(6) or            Agricultural Commodities Commission, LR 35:629 (April 2009),
a grain dealer as defined in R.S. 3:3402(10).                            amended by the Department of Agriculture and Forestry,
     Value of Commodity—the quoted price plus or minus                   Agricultural Commodities Commission, LR 37:510 (February
premiums or discounts such as moisture and quality factors.              2011).
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   §201. Claim Provisions
3:3410.2.                                                                  A. The monies in the Grain and Cotton Indemnity Fund
   HISTORICAL NOTE: Promulgated by the Department of                     shall be used solely for the administration and operation of
Agriculture and Forestry, Office of Agro-Consumer Services,              the fund.
                                                                   510              Louisiana Register Vol. 37, No. 02 February 20, 2011
   B. Any claimant who wishes to assert a claim shall                    2008, but before the promulgation of these rules shall
provide, under oath, written and notarized proof of a loss               provide, under oath, written and notarized proof of a loss
covered by this fund within 60 days of the loss.                         covered by this fund within 30 days of notification of claim
   C. A written claim shall include all of the following                 process.
information:                                                                B. A written claim shall include all of the following
     1. name and address of claimant;                                    information:
     2. name of the licensee against whom claimant is                         1. name and address of claimant;
asserting a loss;                                                             2. name of the licensee against whom claimant is
     3. nature of the relationship and transaction between               asserting a loss;
claimant and licensee;                                                        3. nature of the relationship and transaction between
     4. the date of the loss which shall be defined as the               claimant and licensee;
date on which the claimant knew or should have known that                     4. the date of the loss which shall be defined as the
a loss had occurred;                                                     date on which the claimant knew or should have known that
     5. the amount of the loss and how calculated;                       a loss had occurred;
     6. a concise explanation of the circumstances that                       5. the amount of the loss and how calculated;
precipitated the loss;                                                        6. a concise explanation of the circumstances that
     7. copies of those documents relied upon by claimant                precipitated the loss;
as proof of said loss.                                                        7. copies of those documents relied upon by claimant
   D. Failure to furnish such proof of loss within the                   as proof of said loss.
required time shall not invalidate nor reduce the claim if it               C. Upon receipt of proof of loss, the commission shall
was not reasonably possible to give proof within such time,              review the claim to determine whether it is covered under
provided such proof is furnished as soon as reasonably                   the program. The burden of proof to establish the loss shall
possible.                                                                be upon the claimant.
   E. Upon receipt of a proof of loss, the commission shall                 D. The said 30 day period shall begin to run upon
review the claim to determine whether it is covered under                publication by the commission of the notice of claim process
the program. The burden of proof to establish the loss shall             in the official local journal for legal notices or the print
be upon the claimant.                                                    publication with the highest circulation in the area serviced
   F. Once proof of loss has been filed against a licensee,              by the licensee.
the commission may make a complete inspection of the                        AUTHORITY NOTE: Promulgated in accordance with R.S.
licensee's physical facilities and the contents thereof, as well         3:3410.2.
as an examination of all books and records of the licensee                  HISTORICAL NOTE: Promulgated by the Department of
and/or claimant, subject to the confidentially requirements of           Agriculture and Forestry, Office of Agro-Consumer Services,
                                                                         Agricultural Commodities Commission, LR 35:630 (April 2009),
R.S. 3:3421.                                                             amended by the Department of Agriculture and Forestry,
   G. Once proof of loss has been filed against a licensee,              Agricultural Commodities Commission, LR 37:511 (February
any other claimants alleging a loss caused by said licensee              2011).
shall have a period of 60 days within which to post and                  §205. Appeal Procedure
thereby file a written claim.                                               A. Any decision of the commission to deny or grant a
   H. The said 60 day period shall begin to run upon                     claim for payment from the fund may be appealed to the
publication by the commission of the notice of claim in the              commission by the licensee or claimant by seeking an
official local journal for legal notices, or the print                   adjudicatory hearing to have said decision reconsidered by
publication with the highest circulation in the area serviced            the commission in accordance with Chapter 13 of Title 49 of
by the licensee.                                                         the Louisiana Revised Statutes, as well as all subsequent
   I. If claims for indemnity payments from the fund                     appeals therefrom, provided said appellant files with the
exceed the amount in the fund, the commission shall prorate              commission a written notice of appeal within 30 days of the
the claims and pay the prorated amounts. As future                       mailing of the decision of the commission to the affected
assessments are collected, the commission shall continue to              party.
forward indemnity payments to each eligible person until the                B. The notice of appeal shall contain an expressed
person receives the maximum amount payable in accordance                 statement of each and every basis upon which said appeal is
with this Subchapter.                                                    sought and the hearing to consider same shall be limited
   J. Distributions from the fund shall be made on a                     accordingly.
periodic basis as deemed necessary by the commission.                       AUTHORITY NOTE: Promulgated in accordance with R.S.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                   3:3410.2.
3:3410.2.                                                                   HISTORICAL NOTE : Promulgated by the Department of
   HISTORICAL NOTE: Promulgated by the Department of                     Agriculture and Forestry, Office of Agro-Consumer Services,
Agriculture and Forestry, Office of Agro-Consumer Services,              Agricultural Commodities Commission, LR 35:630 (April 2009),
Agricultural Commodities Commission, LR 35:630 (April 2009),             amended by the Department of Agriculture and Forestry,
amended by the Department of Agriculture and Forestry,                   Agricultural Commodities Commission, LR 37:511 (February
Agricultural Commodities Commission, LR 37:510 (February                 2011).
2011).                                                                   §207. Subrogation
§203.    Distribution of Funds for Claims from Prior                       A. When a claim is paid by the commission from the
         Insolvency                                                      fund, the claimant, by accepting said payment, subrogates
   A. Any claimant who wishes to assert a claim against a                his rights to the commission up to the full amount of
licensee who became or becomes insolvent after January 1,                payment.
                                                                   511              Louisiana Register Vol. 37, No. 02 February 20, 2011
  B. Any recovery for reimbursement to the fund shall                  an adjudicatory proceeding held in accordance with the
include interest computed at the U.S. Treasury two-year note           provisions of the Administrative Procedure Act.
coupon rate as published in the Wall Street Journal on the                B. Whenever the commissioner has any reason to believe
date of the claim.                                                     that a violation of R.S. 3:3410.2, or of any rules and
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 regulations adopted pursuant to this Part has occurred, the
3:3410.2.                                                              commissioner may present the alleged violations to the
   HISTORICAL NOTE: Promulgated by the Department of                   commission for a determination.
Agriculture and Forestry, Office of Agro-Consumer Services,               C. A hearing officer shall be appointed by the office of
Louisiana Agricultural Commodities Commission, LR 35:631
(April 2009), amended by the Department of Agriculture and
                                                                       the attorney general to preside over the hearing.
Forestry, Agricultural Commodities Commission, LR 37:511                  D. Notice of the alleged violation, the date of the
(February 2011).                                                       adjudicatory hearing, and the conduct of discovery shall be
§209. Reimbursement Limitations                                        as provided in the Administrative Procedure Act.
  A. When any loss is or may be covered by other                          E. The ruling of the commission shall be in writing and
insurance or bond, the other insurance or bond is primary              provided to the person charged with the violation, as
and the commission shall require the claimant to exhaust his           provided by the Administrative Procedure Act.
remedies as to the other insurer before considering the                   F. Any appeal from a ruling of the commission shall be
payment of the claim.                                                  in accordance with the Administrative Procedure Act.
  B. After all other remedies are exhausted, claimants shall              AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                       3:3410.2.
be entitled to recover the full amount of claims filed against
                                                                          HISTORICAL NOTE: Promulgated by the Department of
the fund.                                                              Agriculture and Forestry, Office of Agro-Consumer Services,
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 Agricultural Commodities Commission, LR 35:631 (April 2009),
3:3410.2.                                                              amended by the Department of Agriculture and Forestry,
   HISTORICAL NOTE: Promulgated by the Department of                   Agricultural Commodities Commission, LR 37:512 (February
Agriculture and Forestry, Office of Agro-Consumer Services,            2011).
Agricultural Commodities Commission, LR 35:631 (April 2009),
amended by the Department of Agriculture and Forestry,
                                                                       §217. Civil Penalties
Agricultural Commodities Commission, LR 37:512 (February                  A. Any claimant or licensee who has been found in an
2011).                                                                 adjudicatory hearing to be in violation of the provisions of
§211.    Pending Litigation or Arbitration; Stay of                    this Subchapter shall be subject to the following civil
         Claims                                                        penalties.
   A. Where the commission finds that litigation is pending,              B. Any claimant or licensee who knew or should have
which could determine whether payment of a claim is due or             known that he was providing the commission with false
to whom payment of a claim is due, the claim in question               information regarding a claim may be denied payment of the
may be stayed until the judgment in said litigation has                claim on that basis.
become final and definitive. The commission shall give                    C. Any claimant or licensee who knew or should have
notice of the stay to any claimants whose claims have been             known that he was providing the commission with false
stayed.                                                                information regarding a claim, or regarding any other
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 matters pertaining to the fund, shall be subject to a
3:3410.2.                                                              maximum civil penalty of $1,000 for each violation. Each
   HISTORICAL NOTE: Promulgated by the Department of                   day the false information is with the commission without
Agriculture and Forestry, Office of Agro-Consumer Services,            correction shall be considered a separate violation.
Agricultural Commodities Commission, LR 35:631 (April 2009),              D. Any licensee who intentionally refuses or fails to
amended by the Department of Agriculture and Forestry,                 collect the assessment or refuses to remit the collected
Agricultural Commodities Commission, LR 37:512 (February               assessment to the commission shall be subject to a maximum
2011).
                                                                       civil penalty of $1,000 for each violation. Each day the
§213. Violations
                                                                       assessment is not collected shall be a separate violation.
   A. Providing false information to the commission by a
                                                                       Each day the collected assessment is not remitted to the
claimant or licensee regarding a claim for reimbursement
                                                                       commission shall be a separate violation.
from the fund is a violation of this Subchapter, if the person            AUTHORITY NOTE: Promulgated in accordance with R.S.
providing the information knew or should have known the                3:3410.2.
information was false.                                                    HISTORICAL NOTE: Promulgated by the Department of
   AUTHORITY NOTE: Promulgated in accordance with R.S.                 Agriculture and Forestry, Office of Agro-Consumer Services,
3:3410.2.                                                              Agricultural Commodities Commission, LR 35:631 (April 2009),
   HISTORICAL NOTE: Promulgated by the Department of                   amended by the Department of Agriculture and Forestry,
Agriculture and Forestry, Office of Agro-Consumer Services,            Agricultural Commodities Commission, LR 37:512 (February
Agricultural Commodities Commission, LR 35:631 (April 2009),           2011).
amended by the Department of Agriculture and Forestry,
Agricultural Commodities Commission, LR 37:512 (February                                          Mike Strain, DVM
2011).
                                                                                                  Commissioner
§215. Adjudicatory Hearings                                            1102#027
  A. Findings of violations and imposition of penalties
may be made only by a ruling of the commission based upon



                                                                 512              Louisiana Register Vol. 37, No. 02 February 20, 2011
                             RULE                                               b. - c. ...
                                                                                d. With respect to an application in connection with
      Department of Children and Family Services
                                                                         the revoked, denied, or not renewed facility, the
                Child Welfare Section
                                                                         disqualification period provided in this Section shall include
                          and
                                                                         any affiliate of the provider.
     Economic Stability and Self-Sufficiency Section
                                                                           H. - H.4. …
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
          Daycare Services―Residential Licensing                         46:1401 et seq.
               (LAC 67:III.7303 and 7359)                                   HISTORICAL NOTE: Promulgated by the Department of
                                                                         Health and Human Resources, Office of the Secretary, Division of
     Editor's Note: Sections 7303 and 7359 are being                     Licensing and Certification, LR 13:246 (April 1987), amended by
     repromulgated to correct citation errors. This Rule may be          the Department of Social Services, Office of the Secretary, Bureau
     viewed in its entirety on pages 2521-2522 of the November           of Licensing, LR 20:450 (April 1994), LR 24:2345 (December
     20, 2011 edition of the Louisiana Register.
                                                                         1998), LR 29:1108 (July 2003), repromulgated by the Department
                                                                         of Social Services, Office of Family Support, LR 33:2756
   In accordance with R.S. 49:950 et seq., the Administrative            (December 2007), amended LR 36:333 (February 2010), LR
Procedure Act, notice is hereby given that the Department of             36:832 (April 2010), amended by the Department of Children and
Child and Family Services (DCFS), has amended rules in the               Family Services, Economic and Self-Sufficiency Section LR
Louisiana Administrative Code (LAC) Title 67, Part III,                  36:2521 (November 2010), LR 36:2880 (December 2010),
Subpart 21, Chapter 73, Child Day Care Licensing, and LAC                repromulgated 37:513 (February 2011).
Title 67, Part V, Subpart 8, Chapters 67-69 Residential                  §7359. Procedures
Licensing pursuant to the general rule-making authority of                 A. - I.1. …
the Department under La. R.S. 46:51 and the specific rule-                                              ***
making authority over child care facilities and child placing                2.    Disqualification of Facility and Provider
agencies granted by the Child Care Facility and Child-                           a. If a facility‘s license is revoked or not renewed
Placing Agency Licensing Act, La. R.S. 46:1401-1426.                     due to failure to comply with state statutes and licensing
   State licensing regulations for child care facilities and             rules, the department shall not accept a subsequent
child placing agencies provide for a disqualification period             application from the provider for that facility or any new
for licensees who have had a prior license revoked for                   facility for a minimum period of two years after the effective
failure to comply with state laws and regulations governing              date of revocation or non-renewal or a minimum period of
facilities providing out-of-home care for children.                      two years after all appeal rights have been exhausted,
   The amendments to Title 67, Part III, Subpart 21, Chapter             whichever is later (the disqualification period). Any pending
73, Child Day Care Licensing, and LAC Title 67, Part V,                  application by the same provider shall be treated as an
Subpart 8, Chapters 67-69 propose to clarify the definition              application for a new facility for purposes of this section and
of the term "Affiliate."                                                 shall be denied and subject to the disqualification period.
                               Title 67                                  Any subsequent application for a license shall be reviewed
                       SOCIAL SERVICES                                   by the secretary or their designee prior to a decision being
                    Part III. Family Support                             made to grant a license. The department reserves the right to
               Subpart 21. Child Care Licensing                          determine, at its sole discretion, whether to issue any
Chapter 73. Day Care Centers                                             subsequent license.
Subchapter A. Licensing Class "A" Regulations for                                b. - c. ...
                   Child Care Centers                                            d. With respect to an application in connection with
§7303. Procedures                                                        the revoked, denied, or not renewed facility, the
   A. - G.1. ...                                                         disqualification period provided in this Section shall include
                                ***                                      any affiliate of the provider.
     2. Disqualification of Facility and Provider                          J. - J.4. …
        a. If a facility‘s license is revoked or not renewed due            AUTHORITY NOTE: Promulgated in accordance with R.S.
to failure to comply with state statutes and licensing rules,            46:1401 et seq.
the department shall not accept a subsequent application                    HISTORICAL NOTE: Promulgated by the Department of
from the provider for that facility or any new facility for a            Health and Human Resources, Office of the Secretary, Division of
                                                                         Licensing and Certification, LR 13:246 (April 1987), amended by
minimum period of two years after the effective date of                  the Department of Social Services, Office of the Secretary, LR
revocation or non-renewal or a minimum period of two years               18:970 (September 1992), LR 26:1636 (August 2000),
after all appeal rights have been exhausted, whichever is                repromulgated by the Department of Social Services, Office of
later (the disqualification period). Any pending application             Family Support, LR 33:2771 (December 2007), amended LR
by the same provider shall be treated as an application for a            36:335 (February 2010), LR 36:833 (April 2010), amended by the
new facility for purposes of this section and shall be denied            Department of Children and Family Services, Economic and Self-
and subject to the disqualification period. Any subsequent               Sufficiency Section LR 36:2521 (November 2010), LR 36:2882
application for a license shall be reviewed by the secretary             (December 2010), repromulgated 37:513 (February 2011).
or their designee prior to a decision being made to grant a
license. The department reserves the right to determine, at its                                       Ruth Johnson
sole discretion, whether to issue any subsequent license.                                             Secretary
                                                                         1102#074




                                                                   513               Louisiana Register Vol. 37, No. 02 February 20, 2011
                           RULE                                          HISTORICAL NOTE: Promulgated by the Department of
                                                                       Economic Development, Office of the Secretary, Office of Business
        Department of Economic Development                             Development and the Louisiana Economic Development
                Office of the Secretary                                Corporation LR 37:514 (February 2011).
            Office of Business Development                             §3513. Certification of Tax Credits.
                          and                                             A. Beginning July 31, 2011, employers seeking final
     Louisiana Economic Development Corporation                        certification of tax credits must submit to the department:
                                                                            1. an audit of qualified expenditures incurred by the
              Retention and Modernization Act                          employer for modernization, certified by an independent
                   (LAC 13:I.Chapter 35)                               certified public accountant;
                                                                               a. qualified expenditures that could improve
  The Department of Economic Development, the Office of                efficiency may include but not be limited to: new automation
the Secretary, the Office of Business Development, and the             equipment, computer-driven instrumentation upgrades, NOX
Louisiana Economic Development Corporation, pursuant to                or VOC air emission reduction equipment;
the authority R.S. 36:104, 36:108, and 51:2382 and in                          b. investment in new equipment for a new
accordance with the Administrative Procedure Act R.S.                  production unit making a new or similar product may be a
49:950 et seq., hereby amends and adopts the following                 qualified expenditure, if an employer is competing for a new
Rules.                                                                 production line as part of a consolidation through
                           Title 13                                    competitive capital budget within family of plants either
               ECONOMIC DEVELOPMENT                                    domestically or internationally;
             Part I. Financial Incentive Programs                           2. evidence of continued business operation; and
Chapter 35. Retention and Modernization Program                             3. any other information as reasonably requested by
§3503. Definitions                                                     the department.
  A. …                                                                    B. - D. …
  B. In this Chapter, the following terms shall have the                 AUTHORITY NOTE: Promulgated in accordance with R.S.
meaning provided in this Section, unless the context clearly           36:104, 36:108, and 51:2332 et seq.
requires otherwise.                                                      HISTORICAL NOTE: Promulgated by the Department of
                               ***                                     Economic Development, Office of the Secretary, Office of Business
                                                                       Development and the Louisiana Economic Development
     LDEQ—Louisiana Department of Environmental                        Corporation LR 37:514 (February 2011).
Quality
                               ***                                                                   Kristy Mc Kearn
     Modernization—capitalized investment by an employer                                             Undersecretary
in technology, machinery, building and/or equipment that               1102#058
meets one of the following provisions:
       a. an investment from a company with multi-state                                              RULE
operations with an established competitive capital project
program, which is approved by the Department; or                                Department of Economic Development
       b. an increase in the maximum capacity or                                    Office of Business Development
―efficiency‖ of the facility of greater than 10 percent. The                Office of Entertainment Industry Development
modernization investment may be either voluntary or
mandated by law but must result in the facility adopting                          Motion Picture Investor Tax Credit Program
―best practices‖ technology for its industry and the company                              (LAC 61:I.1607 and 1613)
shall establish that without the investment that the facility
would be high risk for closure in the foreseeable future.                 The Department of Economic Development, Office of
Modernization does not include the replacing of existing               Business Development, Office of Entertainment Industries
technology with the same or similar technology;                        Development, as authorized by and pursuant to the
           i. increased ―efficiency‖ claims must be                    provisions of the Administrative Procedure Act, R.S. 49:950
supported by an independent third party analysis, such as an           et seq., and in accordance with R.S. 47:6007, has amended
engineer‘s report, or by any other reasonable means;                   rules and regulations relative to its Motion Picture Investor
          ii. best practices may be verified by objective data         Tax Credit Program.
provided by independent third parties knowledgeable in the                                        Title 61
industry such as LDEQ, or by any other reasonable means;                              REVENUE AND TAXATION
         iii. the required efficiency increase includes a                   Part I. Taxes Collected and Administered by the
―green‖ option for a facility which affects a 10 percent or                               Secretary of Revenue
greater net reduction in nitrogen oxide (NOx) or volatile              Chapter 16. Louisiana Entertainment Industry Tax
organic chemicals (VOC) without any increase in other                                   Credit Programs
emission sources from a facility in substantial compliance             Subchapter A. Motion Picture Investor Tax Credit
with its Title V Clean Air Act permit for the five preceeding                           Program
calendar years in which the emission reductions are claimed.           §1607. Certification Procedures
                               ***                                        A. - D.1.d. …
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       2. When requesting final certification of credits,
36:104, 36:108, and 51:2332 et seq.                                    the motion picture production company or

                                                                 514                 Louisiana Register Vol. 37, No. 02 February 20, 2011
infrastructure project applicant shall submit to the                         AUTHORITY NOTE:          Promulgated in accordance with R.S.
office the following:                                                     47:6007.
        a. a cost report, certified by a state licensed,                     HISTORICAL NOTE: Promulgated by the Division of
independent certified public accountant and complying with                Administration, the Department of Economic Development, Office
                                                                          of Business Development, and the Office of Entertainment Industry
the minimum standards as required by R.S. 47:6007 D (2)                   Development, LR 35:57 (January 2010), amended LR 37:515
(d). The cost report may be subject to additional audit by the            (February 2011).
department, the division, or the Department of Revenue, at
the applicant‘s expense.                                                                               Kristy McKearn
           i. Incorrect Reporting. If an applicant submits a                                           Undersecretary
cost report required by the provisions of this Chapter and the            1102#056
report made and filed contains material misstatements,
including but not limited to misrepresentation in or                                                   RULE
intentional omission from the cost report of events,
transactions, or other significant information there may be                        Department of Economic Development
cause for an additional audit.                                                         Office of Business Development
          ii. Related Party Transactions. If an audit contains                 Office of Entertainment Industry Development
related party transactions in excess of 20 percent of the total
expenditures reported in the submitted audit there may be                            Louisiana Filmmakers Grant Fund Program
cause for an additional audit.                                                                 (LAC 61:I.Chapter 16)
         iii. Reimbursement of Audit Costs. The
department may undertake additional audit at the applicant‘s                 The Department of Economic Development, Office of
expense, to be performed by a state certified public                      Business Development, Office of Entertainment Industries
accountant also certified in financial forensics or also                  Development, as authorized by and pursuant to the
certified as a fraud examiner. Audit fees will be assessed at             provisions of the Administrative Procedure Act, R.S. 49:950
the department‘s contracted fee, with a minimum of $2,000                 et seq., and in accordance with R.S. 47:6007, has adopted
and a maximum of $15,000 fee per audit.                                   Rules relative to the newly created Louisiana Filmmakers
     2.b. - E.2.e. …                                                      Grant Program.
   AUTHORITY NOTE:          Promulgated in accordance with R.S.                                     Title 61
47:6007.                                                                                 REVENUE AND TAXATION
   HISTORICAL NOTE: Promulgated by the Division of                             Part I. Taxes Collected and Administered by the
Administration, the Department of Economic Development, Office                               Secretary of Revenue
of Business Development, and the Office of Entertainment Industry         Chapter 16. Louisiana Entertainment Industry Tax
Development, LR 35:55 (January 2010), amended LR 37:514                                   Credit Programs
(February 2011).                                                          Subchapter B. Louisiana Filmmakers Grant Fund
§1613 Application of the Tax Credit                                                       Program
   A. - A.1.a. …                                                          §1615. Preamble and Purpose
     2. Transfer. Any motion picture investor tax credits                    A. The Louisiana Filmmakers Grant Fund Program is
not previously claimed by any taxpayer against its income                 vital to support the state‘s entertainment industry and the
tax may be transferred or sold to another Louisiana taxpayer              state‘s long-term goals in its master plan for economic
or to the office, pursuant to R.S. 47:6007(C)(4).                         development for the State of Louisiana.
        a. A single transfer or sale may involve one or more                 B. The purpose of this Chapter is to implement the
transferees. Transferors and transferees shall submit to the              Louisiana Filmmaker Grants Program as established by R.S.
Office and to the Department of Revenue in writing, a                     47:6007.
notification of any transfer or sale of tax credits within thirty           AUTHORITY NOTE: Promulgated in accordance with R.S.
days after the transfer or sale of such credits and shall                 47:6007.
include a processing fee of two hundred dollars per                         HISTORICAL NOTE: Promulgated by the Department of
transferee.                                                               Economic Development, Office of the Secretary, Office of Business
        b. If the investor tax credits (evidenced by a                    Development, in cooperation with the Office of Entertainment
certification letter) are transferred to the office:                      Industry Development, LR 37:515 (February 2011).
           i. on and after January 1, 2007, and prior to                  §1616. Definitions
December 31, 2008 the state shall make payment to the                        Applicant—the entity or natural person requesting a grant
investor at a value of 72 percent of the face-value of the                award from LED.
credits;                                                                     Award—funding approved under this program for eligible
          ii. on January 1, 2009, and every second year                   activities and expenditures.
thereafter, the percent of the value of the tax credits paid by              Award Agreement—that agreement or contract hereinafter
the state shall increase 2 percent until the percentage reaches           referred to between the applicant, and LED, through which,
80 percent;                                                               by cooperative endeavor agreement or otherwise, the parties
         iii. for state certified productions which receive               set forth the amount of the award, the terms, conditions and
initial certification on or after July 1, 2009, the state shall           performance objectives of the award provided pursuant to
make payment to the investor at a value of 85 percent of the              these rules.
face-value of the credits.                                                   Contract—a legally enforceable Award Agreement
   A.3. - B.6.c. …                                                        between LED and the successful applicant governing the
                                                                          terms and the conditions of the award.
                                                                    515                Louisiana Register Vol. 37, No. 02 February 20, 2011
  LED—Louisiana Department of Economic Development.                          I. Grants will be awarded on a one time basis only and
  Office—Office of Entertainment Industry Development                     previous award winners will not be allowed to reapply.
  Program—the Louisiana Filmmakers Grant Fund                                J. An applicant shall be considered ineligible for this
Program.                                                                  program if it has pending or outstanding claims or liabilities
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     relative to its failure or inability to pay its obligations;
47:6007.                                                                  including state or federal taxes, or bankruptcy proceedings,
  HISTORICAL NOTE: Promulgated by the Department of                       or if it has pending, at the federal, state, or local level, any
Economic Development, Office of the Secretary, Office of Business         proceeding concerning denial or revocation of a necessary
Development, in cooperation with the Office of Entertainment              license or permit, or if the company has a previous contract
Industry Development, LR 37:515 (February 2011).
                                                                          with LED in which the company is in default and/or is not in
§1617. General Principles
                                                                          compliance.
  A. The following general principles will direct the
                                                                             K. Applicants must be in full compliance with all state
administration of the program.
                                                                          and federal laws.
     1. LED shall serve as the administrators for this                      AUTHORITY NOTE: Promulgated in accordance with R.S.
Program.                                                                  47:6007.
     2. LED, through the office, in conjunction with a                      HISTORICAL NOTE: Promulgated by the Department of
panel of entertainment industry experts, shall serve as the               Economic Development, Office of the Secretary, Office of Business
review panel.                                                             Development, in cooperation with the Office of Entertainment
     3. Awards are not to be construed as an entitlement                  Industry Development, LR 37:516 (February 2011).
and such awards shall be subject to the discretion of LED.                §1623. Criteria
     3. LED shall negotiate with each applicant seeking an                  A. LED will consider various factors when determining
award, based on the individual merits of each project.                    which awards will be funded. Among the factors which may
     4. Contracts for awards shall contain ―clawback‖ (or                 be taken into account in the review of the award requests are
refund) provisions to protect the state in the event of a                 the following:
default.                                                                       1. availability of funding;
     5. Award funds shall be utilized for the approved                         2. recommendation of the office and an entertainment
project only.                                                             industry expert panel review committee;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                          3. artistic quality;
47:6007.                                                                       4. applicant‘s demonstrated ability and creativity;
  HISTORICAL NOTE: Promulgated by the Department of                            5. managerial and fiscal ability of the applicant to
Economic Development, Office of the Secretary, Office of Business         carry out the proposed project;
Development in cooperation with the Office of Entertainment                    5. nature and extent of other revenue, in-kind goods
Industry Development, LR 37:516 (February 2011).
                                                                          and services, and/or public or private support; and
§1619. Program Descriptions
                                                                               6. portrayal of Louisiana culture in a positive light.
   A. This program is to be used to support Louisiana‘s                     AUTHORITY NOTE: Promulgated in accordance with R.S.
independent filmmakers, domiciled in Louisiana, who make                  47:6007.
a film in Louisiana, the total cost of which shall not exceed               HISTORICAL NOTE: Promulgated by the Department of
three hundred thousand dollars. The maximum amount of                     Economic Development, Office of the Secretary, Office of Business
any grant shall not exceed the lesser of 50 percent of the                Development, in cooperation with the Office of Entertainment
total cost of the film or $100,000.                                       Industry Development, LR 37:516 (February 2011).
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     §1625. Application Procedure
47:6007.                                                                    A. An applicant may apply for this program by
  HISTORICAL NOTE: Promulgated by the Department of                       submitting the following information to the office:
Economic Development, Office of the Secretary, Office of Business              1. a written application, including but not limited to, a
Development, in cooperation with the Office of Entertainment              detailed description of the proposed project, a preliminary
Industry Development, LR 37:516 (February 2011).
                                                                          budget and a grant request; and
§1621. Eligibility
                                                                               2. supporting information as requested by the office,
  A. An applicant must be a Louisiana resident, with proof
                                                                          including but not limited to examples of prior or proposed
of at least 3 years residency.
                                                                          work.
  B. An applicant must be the principal creative author of
                                                                            B. The office shall review the application and supporting
the production and hold complete artistic, creative and
                                                                          information, and if it is found to be incomplete or if further
budgetary control.
                                                                          information is needed shall contact the applicant and request
  C. Eligible project formats, may include, but not be
                                                                          such information.
limited to: documentary, feature length film, TV pilot, TV                  AUTHORITY NOTE: Promulgated in accordance with R.S.
series, webisodes, animation, experimental shorts.                        47:6007.
  D. Ineligible project formats, may include, but not be                    HISTORICAL NOTE: Promulgated by the Department of
limited to: reality shows, industrial, commercial, tourism,               Economic Development, Office of the Secretary, Office of Business
political campaigns or promotional pieces.                                Development, in cooperation with the Office of Entertainment
  E. 100 percent of the project must be shot in Louisiana.                Industry Development, LR 37:516 (February 2011).
  F. 100 percent of the project must post in Louisiana.                   §1627. Submission and Review Procedure
  G. 100 percent of the crew must be Louisiana residents.                   A. The office shall accept applications twice a year,
  H. 75 percent of the talent must be Louisiana residents.                between June 1 and July 1 and December 1 – January 1,



                                                                    516               Louisiana Register Vol. 37, No. 02 February 20, 2011
each calendar year, and upon determination that an                        for reimbursement of eligible project costs specified in the
application meets the general principles, eligibility                     award agreement.
requirements, and criteria for this program, the Office will                   2. Eligible project costs may include, but not be
then make a recommendation to an entertainment industry                   limited to:
panel for further review.                                                         a. production costs: wages for crew and talent,
  B. The entertainment industry panel shall be comprised                  equipment rental, props, permits and fees, art department, set
of representatives from the higher education community                    construction wardrobe; and
with curricula in film, and its members shall be identified on                    b. post production costs: special effects, sound,
LED‘s website ―LouisianaEntertainment.gov‖.                               scoring, video.
  C. Each panel member shall complete an independent                           3. Ineligible project costs for reimbursement may
evaluation of each application and score them based upon a                include, but not be limited to:
scoring form, to be posted on ―LouisianaEntertainment.gov‖.                       a. purchase of equipment or creation of new
  D. All panelists shall meet in a closed session to discuss              facilities;
their individual evaluation findings and to form consensus                        b. operating expenses of privately owned facilities;
scoring of all proposed projects. The panel shall then                    and
recommend the highest scoring project(s) to be issued an                          c. hospitality or entertainment costs.
award by LED.                                                                C. Conditions for Disbursement of Funds
  AUTHORITY NOTE: Promulgated in accordance with R.S.                          1. Funds will not be available for reimbursement to
47:6007.                                                                  the applicant until an award agreement or contract between
  HISTORICAL NOTE: Promulgated by the Department of                       the applicant and LED has been finalized and executed.
Economic Development, Office of the Secretary, Office of Business              2. Funds will be available on a reimbursement basis
Development, in cooperation with the Office of Entertainment
Industry Development, LR 37:516 (February 2011).
                                                                          following submission of required documentation to LED by
                                                                          the applicant and will be based upon performance objectives
§1629. General Award Provisions
                                                                          as provided in the contract.
   A. Award Agreement
                                                                             D. Compliance Requirements
     1. Awards will be issued twice a year, by
                                                                               1. In order to be paid or reimbursed as provided by the
September 1 and March 1 of each calendar year.
                                                                          contract, the applicant shall be required to complete and
     2. A written award agreement, contract or cooperative
                                                                          submit to LED cost reports certifying the amount expended
endeavor agreement will be executed between LED and the
                                                                          along with progress reports describing the applicant‘s
successful applicant. The contract will specify the
                                                                          progress toward the performance objectives specified in its
performance objectives expected and the compliance
                                                                          contract with LED.
requirements to be enforced in exchange for state assistance,
                                                                               2. In the event an applicant fails to meet its
which will include, but not be limited to:
                                                                          performance objectives as specified in its contract, LED
       a. award amounts may vary at the discretion of
                                                                          shall retain the right to withhold award funds, modify the
LED and shall not exceed the lesser of 50 percent of the total
                                                                          terms and conditions of the award, and/or to reclaim
cost of the film or $100,000.
                                                                          disbursed funds from the applicant in an amount
       b. applicants and awardees are not allowed to use
                                                                          commensurate with the scope of the unmet performance
monies appropriated by the state of Louisiana as an eligible
                                                                          objectives and the foregone benefits to the state, as
cost for reimbursement.
                                                                          determined by LED.
       c. applicant shall agree to display LED‘s Louisiana
                                                                               3. In the event an applicant knowingly files a false
Entertainment logo in the opening credits of the project;
                                                                          statement in its application or in a progress report, the
       d. applicant shall agree to grant LED rights to
                                                                          applicant may be guilty of the offense of filing false public
screen or use the project for promoting Louisiana‘s
                                                                          records, and may be subject to the penalty provided for in
Entertainment industry; and
                                                                          R.S. 14:133.
       e. applicant shall agree to provide a service to LED
                                                                               4. LED shall retain the right, for itself and for the
in return for state funding. The service could take many
                                                                          Legislative Auditor, to require and/or conduct financial and
forms, such as free training workshops to Louisiana
                                                                          performance audits of a project, including all relevant
residents in a specific area of filmmaking; free lectures,
                                                                          records and documents of the company.
seminars or demonstrations, free public screening of
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
completed works, mentoring or internships.                                47:6007.
     3. LED will disburse funds to the applicant as                         HISTORICAL NOTE: Promulgated by the Department of
provided by the Award Agreement or Contract.                              Economic Development, Office of the Secretary, Office of Business
     4. LED will oversee the progress of the approved                     Development, in cooperation with the Office of Entertainment
project and reimburse the applicant on the basis of the cost              Industry Development, LR 37:517 (February 2011).
reports and supporting documentation certifying the amount
expended for which reimbursement is sought. LED may                                                   Kristy McKearn
request the applicant at any time and from time to time to                                            Undersecretary
submit additional or supporting information.                              1102#057
   B. Funding
     1. The Louisiana Filmmakers Grant Program offers
financial assistance in the form of a performance-based grant


                                                                    517               Louisiana Register Vol. 37, No. 02 February 20, 2011
                           RULE                                              4. Children will exhibit a range of skills and
                                                                        competencies in any domain of development. Preschool age
     Board of Elementary and Secondary Education
                                                                        children will exhibit a range of skills and competencies in
                                                                        any area of development. All children within an age group
 Bulletin 105—Louisiana Content Standards for Programs                  should not be expected to master each skill to the same
             Serving Four-Year Old Children
                                                                        degree of proficiency at the same time.
             (LAC 28:LXXVII.Chapters 1-9)
                                                                             5. Knowledge of child growth and development and
                                                                        consistent expectations are essential to maximize
   In accordance with R.S. 49:950 et seq., the Administrative           educational experiences for children and for program
Procedure Act, the Board of Elementary and Secondary                    development and implementation. Early care and education
Education has amended Bulletin 105—Louisiana Content                    program staff must agree on what it is they expect children
Standards for Programs Serving Four-Year Old Children:                  to know and be able to do, within the context of child growth
Chapters 1-9. It is the policy of the Board of Elementary and           and development. With this knowledge, early childhood staff
Secondary Education that content standards be reviewed and              can make sound decisions about appropriate curriculum for
possibly revised at least every seven years. The revisions to           the group and for individual children.
Bulletin 105Louisiana Content Standards for Programs                        6. Families are the primary caregivers and educators
Serving Four-Year Old Children are based on latest research             of their young children. Families should be aware of
and a review of pre-k standards in other states.                        programmatic goals and experiences that should be provided
                             Title 28                                   for children and expectations for children's performance by
                         EDUCATION                                      the end of the preschool years. Program staff and families
           Part LXXVII. Bulletin 105―Louisiana                          should work collaboratively to ensure that children are
          Content Standards for Programs Serving                        provided optimal learning experiences. Programs must
                   Four-Year Old Children                               provide families with the information they may need to
Chapter 1.        General Provisions                                    support children's learning and development.
§101. Introduction                                                           7. Young children learn through active exploration of
   A. The Louisiana Content Standards for Programs                      their environment through children-initiated and teacher-
Serving Four-Year-Old Children document was developed                   selected activities. The early childhood environment should
by a committee of educators from across the state. The                  provide opportunities for children to explore materials and
committee consisted of representatives of higher education              engage in concrete activities, and to interact with peers and
institutions, technical colleges, childcare, Head Start,                adults in order to construct their own understanding about
Department of Social Services, and the Department of                    the world around them. There should therefore be a range of
Health and Hospitals, as well as representatives from local             approaches to maximize children's learning.
school system administrators and classroom teachers. The                  AUTHORITY NOTE: Promulgated in accordance with R.S.
standards were designed to address the needs of all children            17:6.A(10).
in all settings. There are a number of principles that guided             HISTORICAL NOTE: Promulgated by the Board of
the development of the document. [These Guiding                         Elementary and Secondary Education, LR 29:2313 (November
Principles were reprinted with permission from the                      2003), amended LR 37:518 (February 2011).
Connecticut State Department of Education Preschool                     §103. Louisiana Content Standards Foundation Skills
Curriculum Framework and Benchmarks for Children in                        A. The Louisiana Content Standards Task Force has
Preschool Programs (May 1999).]                                         developed the following foundation skills, which should
     1. Early        learning      and    development      are          apply to all students in all disciplines.
multidimensional; developmental domains are highly                           Citizenship―the application of the understanding of the
interrelated. Development in one domain influences the                  ideals, rights, and responsibilities of active participation in a
development in other domains. For example, children's                   democratic republic that includes working respectfully and
language skills impact their ability to engage in social                productively together for the benefit of the individual and
interactions. Therefore, developmental domains cannot be                the community; being accountable for one's choices and
considered in isolation of each other. The dynamic                      actions and understanding their impact on oneself and
interaction of all areas of development must be considered.             others; knowing one's civil, constitutional, and statutory
     2. Young children are capable and competent. All                   rights; and mentoring others to become productive citizens
children are capable of positive developmental outcomes.                and lifelong learners.
Therefore, there should be high expectations for all young                   Communication―a process by which information is
children.                                                               exchanged and a concept of "meaning" is created and shared
     3. There are individual differences in rates of                    between individuals through a common system of symbols,
development among children. Each child is unique in the                 signs, or behavior. Students should be able to communicate
rate of growth and the development of skills and                        clearly, fluently, strategically, technologically, critically, and
competencies. Some children may have a developmental                    creatively in society and in a variety of workplaces. This
delay or disability that may require program staff to adapt             process can best be accomplished through use of the
expectations of individual children or adapt experiences so             following skills: reading, speaking, listening, viewing, and
that they will be successful in attaining the performance               visually representing.
standard. Additionally, each child is raised in a cultural                   Linking and Generating Knowledge―the effective use
context that may impact a child's acquisition of certain skills         of cognitive processes to generate and link knowledge across
and competencies.

                                                                  518               Louisiana Register Vol. 37, No. 02 February 20, 2011
the disciplines and in a variety of contexts. In order to              libraries and agencies, resource people, and others as
engage in the principles of continual improvement, students            appropriate.
must be able to transfer and elaborate on these processes.                  3. Extracting and Recording. Students examine the
"Transfer" refers to the ability to apply a strategy or in-            resources for readability, currency, usefulness, and bias. This
content knowledge effectively in a setting or context other            task involves skimming or listening for key words,
than that in which it was originally learned. "Elaboration"            "chunking" reading, finding main ideas, and taking notes.
refers to monitoring, adjusting, and expanding strategies into              4. Processing        Information.     After     recording
other contexts.                                                        information, students must examine and evaluate the data in
     Problem-Solving―the identification of an obstacle or              order to utilize the information by categorizing, analyzing,
challenge and the subsequent application of knowledge and              evaluating, and comparing for bias, inadequacies, omissions,
thinking processes, which include reasoning, decision-                 errors, and value judgments. Based on their findings, they
making, and inquiry in order to reach a solution using                 either move on to the next step or do additional research.
multiple pathways, even when no routine path is apparent.                   5. Organizing Information. Students effectively sort,
     Resource Access and Utilization―the process of                    manipulate, and organize the information that was retrieved.
identifying, locating, selecting, and using resource tools to          They make decisions on how to use and communicate their
help in analyzing, synthesizing, and communicating                     findings.
information. The identification and employment of                           6. Presenting Findings. Students apply and
appropriate tools, techniques, and technologies are essential          communicate what they have learned (e.g., research report,
to all learning processes. These resource tools include pen,           project, illustration, dramatization, portfolio, book, book
pencil, and paper; audio/video materials, word processors,             report, map, oral/audio/visual presentation, game,
computers, interactive devices, telecommunication, and                 bibliography, hyper stack).
other emerging technologies.                                                7. Evaluating Efforts. Throughout the information
     NOTE: These foundation skills were developed by the               problem solving process, students evaluate their efforts. This
     Louisiana Content Standards Task Force in 1997. This task
                                                                       assists students in determining the effectiveness of the
     force developed the State Standards for Curriculum
     Development for kindergarten through grade 12.                    research process. The final product may be evaluated by the
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  teacher and other qualified or interested resource persons.
17:6.A(10).                                                              AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Board of                         17:6.A(10).
Elementary and Secondary Education, LR 29:2314 (November                 HISTORICAL NOTE: Promulgated by the Board of
2003), amended LR 37:518 (February 2011).                              Elementary and Secondary Education, LR 29:2314 (November
§105.     Information Literacy Model for Lifelong                      2003), amended LR 37:519 (February 2011).
          Learning                                                     Chapter 3.        PreKindergarten Content Standards
   A. Students must become competent and independent                   Subchapter A. General
users of information to be productive citizens of the 21st             §301. Content Standards
century. They must be prepared to live in an information-rich             A. This Section contains content standards, which are
and changing global society. Due to the rapid growth of                organized alphabetically into six domains of development:
technology, the amount of information available is                           1. approaches to learning;
accelerating so quickly that teachers are no longer able to                  2. cognitive development:
impart a complete knowledge base in a subject area. In                         a. mathematical development;
addition, students entering the workforce must know how to                     b. science development;
access information, solve problems, make decisions, and                        c. social studies development;
work as part of a team. Therefore, information literacy, the                 3. creative arts development;
ability to recognize an information need and then locate,                    4. health and physical development;
evaluate, and effectively use the needed information, is a                   5. language and literacy development;
basic skill essential to the 21st century workplace and home.                6. social and emotional development.
Information literate students are self-directed learners, who,            B. The six developmental domains are designed to be
individually or collaboratively, use information responsibly           interdependent and must be considered as a whole when
to create quality products and to be productive citizens.              considering the development of prekindergarten children.
Information literacy skills must not be taught in isolation;           Each developmental domain includes the following.
they must be integrated across all content areas, utilizing                  1. Standard―the overarching goal for each content
fully the resources of the classroom, the school library media         area
center, and the community. The Information Literacy Model                    2. Indicator―defines the standard more specifically
for Lifelong Learning is a framework that teachers at all              in each content area
levels can apply to help students become independent                         3. Grade-level Expectation (GLE)—describes what
lifelong learners.                                                     children should know and be able to do by the end of
     1. Defining/Focusing. The first task is to recognize              prekindergarten
that an information need exists. Students make preliminary                   4. Link―Each content standard is aligned with the
decisions about the type of information needed based on                Louisiana K-4 Content Standards and other relevant state
prior knowledge.                                                       and national standards.
     2. Selecting Tools and Resources. After students                     C. The content standards and grade-level expectations
decide what information is needed, they then develop search            provide the prekindergarten personnel with a common
strategies for locating and accessing appropriate, relevant            understanding of what young children should know and do.
sources in the school library media center, community                  It is designed to be a guide for designing and implementing a
                                                                 519               Louisiana Register Vol. 37, No. 02 February 20, 2011
curriculum that will facilitate learning and skill acquisition                          Subchapter B. Approaches to Learning
in each prekindergarten child. Skills such as letters,                                  §305. Rationale
numbers, shapes, colors, etc., should not be taught in                                    A. Approaches to learning are behaviors and attitudes
isolation, but integrated throughout the curriculum.                                    that show how children learn and acquire knowledge.
   D. The content standards, indicators, and grade-level                                Children vary in their learning styles and how they express
expectations are based on research in developmentally                                   their approaches to learning. Research has shown that
appropriate practice for preschool children. In developing                              children with positive approaches to learning have an
these standards, the Head Start Performance Standards and                               increased academic and social-emotional competence. These
the Early Childhood Environment Rating Scale, Revised                                   children did better in reading and mathematics in
Edition (ECERS-R) were reviewed and linked to the                                       kindergarten and first grade, were twice as likely to score in
appropriate content standards.                                                          the top 25 percent in reading and mathematics, and had more
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                   positive and constructive interactions with others.
17:6.A(10).                                                                               B. Commonly cited components of approaches to
  HISTORICAL NOTE: Promulgated by the Board of                                          learning include children‘s:
Elementary and Secondary Education, LR 29:2316 (November
                                                                                             1. intrinsic motivation to learn;
2003), amended LR 37:519 (February 2011).
                                                                                             2. interest and joy in learning;
§303.       Developmentally Appropriate Practices
                                                                                             3. initiative;
                                                                                             4. engagement;
  Developmentally Appropriate                Developmentally Appropriate                     5. persistence;
       Practices Include:                     Practices Do Not Include:
                                                                                             6. ability to plan, focus, and control attention;
 Learning centers/Free choice              Timed rotation/Teacher selected                 7. flexible problem-solving;
centers
 Concrete learning experiences             Workbooks or ditto sheets
                                                                                             8. inventiveness;
with real items                                                                              9. tolerance for frustration;
 Balance of student-initiated and          Teacher-directed activities more                10. ability to connect and apply past learning to new
teacher-directed       activities     in   than 25-35 percent of the                    experiences.
instructional day                          instructional day                              C. As children apply these approaches to learning, they
 Actively engaged learners                 Passive quiet learners
                                                                                        can carry their new knowledge and abilities to a higher level
 Language           and        talking     Classrooms quiet most of the day
encouraged daily
                                                                                        of mastery and develop skills to become life-long learners.
 Cozy inviting environments                Sterile cold environments                    AUTHORITY NOTE: Promulgated in accordance with R.S.
 Daily outdoor gross motor                 Recess/Adults are On Duty
                                                                                        17:6.A(10).
time/Adults interacting with the                                                          HISTORICAL NOTE: Promulgated by the Board of
children to facilitate learning                                                         Elementary and Secondary Education, LR 37:520 (February 2011).
 Individual         creative        art    Patterned        art/Uniform   Art         §307. Guiding Practices
expressions                                projects (all look the same)                    A. Effective prekindergarten programs:
 Language/Literacy                rich     Alphabet letters taught through                 1. provide purposeful and meaningful child-initiated
activities encourage phonological          rote drill or Letter of the week
awareness
                                                                                        activities;
 Hands-on math activities                  Rote drill of numbers, shapes,                  2. support children‘s play through a well-planned
                                           colors, etc.                                 environment;
 Use a variety of materials                Same materials and equipment                    3. help children feel successful by supporting
changed frequently to meet the             used daily throughout the school             individual differences;
needs and interests of the children        year
                                                                                             4. facilitate children‘s discovery of their own learning
 Adult-Child            Interactions       Adult-Child Interactions minimal,
encourage learning through open-           unpleasant,         non-responsive,          capacities and styles;
ended       questions,     extending       inappropriate, or only to control                 5. model enthusiasm for new learning processes and
conversations, reasoning, etc.             behavior                                     projects;
 Use of TV, videos and                     TV, videos, and computers not                   6. encourage children to try new things and use
computers related to classroom             related to classroom events, used
events, appropriate, limited to short      inappropriately,   no    alternative
                                                                                        materials in different ways;
periods of time and adult                  activities are used, and no adult                 7. encourage children to think about things from
interaction occurs                         interaction occurs                           different perspectives;
 Teacher uses a variety of                 Teacher uses direct instruction to              8. use open-ended questions as means to further
strategies and meaningful activities       teach and isolates the skills and            learning;
to develop skills and concepts             concepts
                                                                                             9. prompt children to investigate, act on ideas, and
 Assessment ongoing/Portfolios             Isolated testing/Worksheets
used that include anecdotal records,                                                    communicate their thoughts;
work samples, photographs, etc.                                                              10. help children work together on projects or solve
                                                                                        problems.
       NOTE: For more developmentally appropriate practices refer                         AUTHORITY NOTE: Promulgated in accordance with R.S.
       to ECERS-R, NAEYC guidelines, and Bulletin 741.                                  17:6.A(10).
                                                                                          HISTORICAL NOTE: Promulgated by the Board of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                   Elementary and Secondary Education, LR 37:520 (February 2011).
17:6.A(10).
                                                                                        §309.   Strategies to Support an Inclusive Learning
  HISTORICAL NOTE: Promulgated by the Board of
Elementary and Secondary Education, LR 29:2317 (November                                        Environment
2003), amended LR 37:520 (February 2011).                                                A. Provide visual and verbal prompts to help children
                                                                                        move through a problem-solving or planning process.

                                                                                  520              Louisiana Register Vol. 37, No. 02 February 20, 2011
  B. Purposefully guide children to work and play                                           Learners, some sample accommodations are embedded within
                                                                                            the examples provided for the indicators. Please see Appendix
together.
                                                                                            A and Appendix B for further information and suggested
  C. Help children focus their attention by providing                                       modifications and/or accommodations.
activities or materials that are of interest to them, and                               AUTHORITY NOTE: Promulgated in accordance with R.S.
encourage them to stay focused on an activity.                                        17:6.A(10).
  D. Break problems and tasks into smaller or shorter                                   HISTORICAL NOTE: Promulgated by the Board of
pieces (―chunking‖).                                                                  Elementary and Secondary Education, LR 37:520 (February 2011).
      NOTE: To facilitate the inclusion of all children, including
      those with varying abilities, IEPs, and/or English Language



§311.     Reasoning and Problem-Solving

Standard: Develop learning and thinking skills through gaining, refining, and applying knowledge
Head Start Performance Standards: 1304.21(a)(1); (a)(3); & (a)(4) 1304.21(c)(1)(i); & (c)(1)(ii) ECERS-R Items: 16, 17, & 18
Indicator                                 Grade-level Expectation                       Examples
                                          1. Demonstrate an intrinsic motivation
                                                                                        •    Use a magnifying glass to look at lines on leaves
NOTE: PreK Indicators do not              to learn by displaying interest in real
                                                                                        •    In dramatic play, look at a wok and ask, ―What is this?‖
apply to this Standard                    world
                                                                                        •    While reading a book about Louisiana, ask, ―What‘s a beignet?‖
                                          experiences
                                          2. Demonstrate the ability to think • Make a prediction about what might happen next in a story
                                          systematically and use reasoning skills       • Decide what might happen if two colors of playdough are
                                                                                        combined based on what s/he observed when two colors of paint
                                                                                        were combined
                                                                                        • Respond to ―what if‖ questions and give reason(s)for answer
                                           3. Use a variety of strategies to           • Ask, ―What made the dough smell different?‖ after a teacher adds
                                           investigate possible solutions when         peppermint oil to play dough
                                           problem-solving                             • Use touch and smell to determine what a teacher has hidden in a bag
                                                                                       • Observe a friend crying and try to determine what is wrong
                                                                                       • Find a broken toy and seek assistance from teacher about the
                                                                                       best way to fix it
                                           4. Approach tasks and experiences           • After being read a book about space, spontaneously create a
                                           with                                         rocket ship out of blocks and pretend to ―blast off‖ to the moon
                                           flexibility,       imagination,   and       • Use play-dough to make pretend objects, such as jewelry, food,
                                           inventiveness                                or press-on fingernails
                                           to create new ideas outside of his/her      • Try using a rubber band to hold two sticks together after
                                           own                                          discovering that tape would not hold them together
                                           experience
                                           5. Discuss ideas and experiences with       • While lining up next to each other, say or gesture, ―I‘m taller than
                                           others, utilizing any form of               you!‖
                                           communication                               • Bring a collection of things from home and share with classmates
                                                                                       • Mix blue and red paint and communicate to a friend that they
                                                                                        make purple
                                                                                       • Use measurement words (such as size, shape) at the water table
                                                                                        to discuss the characteristics of containers
                                           6. Reflect on investigations and their      • Recognize that a friend‘s mom is pregnant after his/her own mom
                                           results by making observations and           recently had a baby
                                           possibly forming new ideas                  • Change the base of his/her block structure when the tower
                                                                                        continues to fall
                                                                                       • Talk about painting with a brush earlier that day and say, ―Maybe
                                                                                        tomorrow I can use my fingers, instead!‖
                                                                                       • While putting on a fire hat, girl tells boys, ―Women can be fire
                                                                                        people, too, because I saw it on TV!‖



  AUTHORITY NOTE: Promulgated in accordance with R.S.
17:6.A(10).
  HISTORICAL NOTE: Promulgated by the Board of
Elementary and Secondary Education, LR 37:521 (February 2011).




                                                                              521                   Louisiana Register Vol. 37, No. 02 February 20, 2011
§313.      Initiative, Engagement, and Persistence

                                           Standard: Demonstrate initiative, engagement, and persistence in learning
           Indicator                       Grade-level Expectation                                                    Examples
NOTE: PreK Indicators do not       1. Show curiosity and interest in • Explore on his/her own, e.g., pick up class pet for the first time or
apply to this Standard             learning new things and trying new         collect objects to test if they are magnetic
                                   experiences                                • Experiment with different art materials to make a self-portrait
                                                                              • Taste guacamole after learning about avocados
                                                                              • Ask to join a group playing with a mixture of cornstarch and water
                                                                              (―goop‖)
                                   2. Demonstrate         initiative      and • Bring binoculars outside to look more closely at a bird building a
                                   independence in selecting and carrying nest
                                   out activities                             • After a field trip to the grocery store, organize classroom play food
                                                                              and food boxes to create a grocery store
                                                                              • Bring art materials to a group building a castle in the block area to
                                                                              add on a bridge
                                   3. Maintain attention in child- • Continue to attend to a story being read when someone enters the room
                                   initiated                                  • Work to complete a puzzle, even after a friend interrupts and asks
                                   and teacher-initiated activities for short him/her to play in another area
                                   periods of time, despite distractions and • Put away the art materials, despite others preparing to go outside
                                   interruptions                              • Say, ―I‘ll do it!‖, even though the teacher offered to help
                                   4. Demonstrate an increasing ability           • Identify and collect materials (e.g., plastic farm animals, blocks,
                                   to                                             people figures, or tractors) to create a farm in the block area
                                   plan and work towards completion of            • Select paper and marker to create a sign for a store in the dramatic
                                   tasks and activities, even when faced          play area
                                   with frustration because the task or           • Ask a teacher where to leave a clay structure so that it can be
                                   activity is difficult                          painted later
                                                                                  • Continue to try to cross the monkey bars, even after having fallen off
                                                                                  • Make repeated efforts to rebuild a block structure that keeps falling down
                                                                                  • Work with the teacher to decide what objects to use in an obstacle
                                                                                  course on the playground, and help put objects in place


  AUTHORITY NOTE: Promulgated in accordance with R.S.                                      HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                              Elementary and Secondary Education, LR 37:522 (February 2011).

§315.      Curiosity and Eagerness to Learn

                Standard: Engage in play-based learning for sustained periods of time to acquire knowledge about themselves and their world
           Indicator                     Grade-level Expectation                                                Examples
NOTE: PreK Indicators do not      1. Make choices about play activities,   • Choose one ball out of a variety of balls that will fit through the ball
apply to this Standard            materials, and playmates/companions      hoop on the playground
                                                                           • Given five options for activity/play centers, make a choice of where
                                                                           to play
                                                                           • Pick a friend to play ―Mama Bear‖ when reenacting a story in the
                                                                           dramatic play area
                                  2. Engage in unfamiliar activities • Try to put together a new interlocking puzzle in the puzzle center
                                  during                                   • Seek assistance when attempting to learn how to swing
                                  Play                                     • Experiment with magnets

                                   3. Use prior knowledge and                 • Say, ―May I take your order?‖ in dramatic play, then write or
                                   experiences to learn new skills during     pretend to write it down
                                   play                                       • Attempt to make a stop sign, so children won‘t knock down block
                                                                              structure
                                                                              • After a field trip to the fire station, put on firefighter hat and pretend
                                                                              to put out a fire
                                                                              • Find or collect props to retell the story, ―The Three Little Pigs‖
                                   4. Use manipulatives and other hands       • Use a scarf to symbolize wind blowing
                                   on                                         • Use play-dough to make letters
                                   materials to learn concepts and skills     • Use a collection of leaves to compare and discuss size
                                   related to core content areas              • Weigh two apples to decide which one is heavier
                                                                              • Use materials and/or puppets to recreate a story
                                   4. Use manipulatives and other hands       •    Use a scarf to symbolize wind blowing
                                   on                                         •    Use play-dough to make letters
                                   materials to learn concepts and skills     •    Use a collection of leaves to compare and discuss size
                                   related to core content areas              •    Weigh two apples to decide which one is heavier
                                                                              •    Use materials and/or puppets to recreate a story
                                   5. Describe play experiences using         • During center activities, describe ―creations‖ when asked about art
                                   English or another language or another     work, block structures, and other creative work
                                   mode of communication                      • Use home language to communicate to a parent what he/she
                                                                              played with that day
                                                                              • Explain what friends are arguing about in the dramatic play area
                                                                              • Use signs to communicate that he/she played the role of ―mother‖
                                                                              during a classroom skit

                                                                               522                      Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                    3. work large-piece puzzles;
17:6.A(10).                                                                              4. understand direction and relational words;
  HISTORICAL NOTE: Promulgated by the Board of                                           5. recognize geometric shapes, like a circle;
Elementary and Secondary Education, LR 37:522 (February 2011).                           6. sequence up to three items.
Subchapter C. Mathematics                                                             B. Three through four year-olds:
§317. Mathematical Development                                                           1. recognize and express quantities like some, more, a
   A. Young children develop mathematical concepts                                 lot, and another;
through meaningful and concrete experiences that are                                     2. begin to have a sense of time;
broader in scope than numerals and counting. In an                                       3. recognize familiar geometric shapes in the
inclusive,    developmentally      appropriate     play-based                      environment;
environment,      prekindergarten    children     will    have                           4. sort objects by one characteristic;
opportunities to acquire and understand mathematical skills                              5. rote count to five;
and concepts using hands-on experiences. They will have                                  6. notice and compare similarities and differences;
access to a wide variety of tools and technologies that foster                           7. use words to describe quantity, length, and size.
the understanding of mathematics in real-life situations.                             C. Four through five year-olds:
   B. Early childhood teachers must be flexible during daily                             1. play number games with understanding;
routines and strive to capture teachable moments using                                   2. count objects to 10 and sometimes to 20;
open-ended questioning techniques to expand mathematical                                 3. identify the larger of two numbers;
concepts. These teachers must also facilitate activities that                            4. answer simple questions that require logic;
address and extend young children's developmental levels.                                5. recognize more complex patterns;
   C. Strategies to support an inclusive learning                                        6. position words;
environment:                                                                             7. sort forms by shape;
     1. simplify a complicated task by breaking it into                                  8. compare sizes of familiar objects not in sight;
smaller parts or reducing the number of steps;                                           9. work multi-piece puzzles.
     2. use shorter but more frequent activities and                                  D. Five through six year-olds:
routines;                                                                                1. begin to understand concepts represented in
     3. add new activities and specific activities as needed                       symbolic form;
to meet individual needs.                                                                2. can combine simple sets;
      NOTE: To facilitate the inclusion of all children, including
      those with varying abilities, IEPs, and/or English Language                        3. begin to add small numbers in their heads;
      Learners, some sample accommodations are embedded within                           4. rote count to 100 with little confusion;
      the examples provided for the indicators. Please see Appendix                      5. count objects to 20 and more;
      A and Appendix B for further information and suggested                             6. understand that the number is a symbol that stands
      modifications and/or accommodations.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                              for a certain number of objects;
17:6.A(10).                                                                              7. classify objects by multiple attributes;
  HISTORICAL NOTE: Promulgated by the Board of                                           8. can decide which number comes before, or after,
Elementary and Secondary Education, LR 37:523 (February 2011).                     another number.
§319. Stages of Math Development                                                          Source: The Portfolio and Its Use: A Road Map for
                                                                                          Assessment by Southern Early Childhood Association
  A.       Two through three year-olds:
                                                                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
    1. begin to understand the use of numbers as they hear                         17:6.A(10).
others using them;                                                                   HISTORICAL NOTE: Promulgated by the Board of
    2. understand the use of numbers through exploring                             Elementary and Secondary Education, LR 37:523 (February 2011).
objects;

§321.     Mathematical DevelopmentNumber and Number Relations

                    Standard: Understand numbers, ways of representing numbers, and relationships between numbers and numerals
Louisiana K-4 Content Standards: N-1-E & N-9-E ECERS-R, Items: 26 Head Start, etc. Performance Standards: 1304.21(a)(4)(iv) 1304.21(c)(1)(ii)
            Indicator                      Grade-level Expectation                                             Examples
PK-CM-N1* Compare numbers of 5. Compares sets of objects using                Compare number of boys to girls
objects                              same/different and more/less/fewer       Compare unifix towers to each other
                                                                              Begin to use names of numbers in play, such as ―I need two more blocks‖
                                                                              Compare objects in groups, such as shoes that tie and do not tie

PKCM-N2 Perform         one-to-one    2. Count a set of 5 or fewer objects      Set the table
correspondence                        using 1 to 1 correspondence between       Hand out snacks to each child
                                      number                                    Put pegs in each hole of pegboard
                                      names and objects
PK-CM-N3 Count by rote                1. Count by ones to 10                    Sing counting songs
                                                                                Count in rhymes, fingerplays, poems, or stories
PK-CM-N4 Begin to count objects       2. Count a set of 5 or fewer objects        Count manipulatives
                                      using 1 to 1 correspondence between         Count days on the calendar
                                      number names and objects                    Count children to line up for field trip
                                                                                  Count the number of children present each day

                                                                             523                 Louisiana Register Vol. 37, No. 02 February 20, 2011
                      Standard: Understand numbers, ways of representing numbers, and relationships between numbers and numerals
Louisiana K-4 Content Standards: N-1-E & N-9-E ECERS-R, Items: 26 Head Start, etc. Performance Standards: 1304.21(a)(4)(iv) 1304.21(c)(1)(ii)
             Indicator                     Grade-level Expectation                                             Examples
PK-CM-N5 Begin to recognize 4. Identifies numerals 1-5                        Identify some numerals in their environment
numerals                                                                      Discriminate between letters and numerals by sorting
                                                                              Play number games
PK-CM-N6 Begin to demonstrate No corresponding GLE                            Estimate how many scoops of sand will fill a pail
estimation skills                                                             Place a small number of items in a see-through container and ask children to
                                                                             estimate number and record the estimate
                                                                              Estimate how many eggs fit in a strawberry basket
*PK-CM-N -Prekindergarten– Cognitive Math – Number Concepts




  AUTHORITY NOTE: Promulgated in accordance with R.S.                                  HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                          Elementary and Secondary Education, LR 37:523 (February 2011).

§323.      Mathematical Development—Measurement

Standard: Use non-standard units to measure and make comparisons
Louisiana K-4 Content Standards,: M-1-E; M-2-E; M-3-E; M-4-E; & M-5-E ECERS-R Items: 26 Head Start, etc. Performance Standards:1304.21(a)(4)(iv)
1304.21(c)(1)(ii)
              Indicator                          Grade-level Expectation                                        Examples
 PK-CM-M1* Experience, compare,          7. Use words such as day/week, month,    Begin to use words to describe time intervals, such as yesterday,
and use language relating to time        schedule, morning, noon, night          today, and tomorrow
                                                                                  Use different types of timers
                                                                                  Participate in discussions about the daily schedule
PK-CM-M2 Anticipate, remember, and       No corresponding GLE                           Retell sequential events in a story and/or activity
describe sequences of events                                                            Recall daily schedule
                                                                                        Count down days to an event
PK-CM-M3 Use mathematical                6. Use comparative vocabulary in               Use comparison terms, such as heavy/light, long/short, more/less, or
language to describe experiences         measurement settings (long/longer,            big/little
involving measurement                    more/less, short/shorter, bigger/smaller,
                                         hotter/colder, heavier/lighter)
PK-CM-M4 Measure objects in the          No corresponding GLE                           Use hands to measure objects
physical world using non-standard                                                       Use string to measure child‘s height or circumference of an object,
units of measurement                                                                   such as pumpkin, watermelon, or orange
*PK–CM-M ― Prekindergarten – Cognitive Math – Measurement


  AUTHORITY NOTE: Promulgated in accordance with R.S.                                  HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                          Elementary and Secondary Education, LR 37:524 (February 2011).

§325.      Mathematical DevelopmentGeometry

                                         Standard: Develop an understanding of geometrical and spatial concepts
Louisiana K-4 Content Standards: G-1-E; G-2-E; & G-4-E, ECERS-R Items: 26 , Head Start Performance Standards: 1304.21(a)(4)(iv) 1304.21(c)(1)(ii)
             Indicator                          Grade-level Expectation                                         Examples
PK-CM-G1* Recognize, name,             8.    Identify rectangles, squares,       Combine unit blocks to make shapes
describe, compare, and create basic    circles, and triangles using concrete     Go on shape scavenger hunt
shapes.                                models.                                   Use shapes to make pictures

PK-CM-G2 Identify shapes to             No corresponding GLE                           Identify shapes of objects in the environment, such as the classroom
describe physical world                                                              door is a rectangle
                                                                                       Identify roof in photo of house as a triangle
PK-CM-G3 Describe and interpret    3.     Identify an object‘s position as first       Describe the position of people or things in relation to self or other
                                   or last
spatial sense: positions, directions,                                                objects
distances, and order               10. Use words that indicate direction and           Give and follow directions using positional words
                                   position of an object (up, down, over,              Describe the movement of objects, such as ―The dog jumped over the
                                   under, above, below, beside, in, out,             fence‖
                                   behind).
                                   11. Recognize and manipulate an
                                   object‘s position in space.
PK–CM-G ― Prekindergarten – Cognitive Math – Geometry and Spatial Sense



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                  HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                          Elementary and Secondary Education, LR 37:524 (February 2011).

                                                                              524                  Louisiana Register Vol. 37, No. 02 February 20, 2011
§327.     Mathematical DevelopmentData Analysis

Standard: Investigate, organize, respond, and create representations
Louisiana K-4 Content Standards: P-1-E; P-2-E; P-3-E; D-1-E; D-2-E; D-3-E; & D-4-E ECERS-R Items: 26 Head Start Performance Standards: 1304.21(a)(4)(iv)
1304.21(c)(1)(ii)
               Indicator                         Grade-level Expectation                                            Examples
PK-CM-D2 Collect and organize data 12. Arrange objects/pictures to make an           Create simple graphs (picture, bar, representational, Venn diagrams),
about themselves, their surroundings, object or picture graph                           such as leaves by type or favorite ice cream
and meaningful experiences                                                           Use webbing to collect information
PK-CM-D3           Interpret   simple No corresponding GLE                           Participate in discussion about the calendar
representations in data                                                              Participate in discussion using information from child-created graphs
                                                                                     Participate in discussion about charts
 PK–CM-D ― Prekindergarten – Cognitive Math – Data Collection, Organization, and Interpretation




  AUTHORITY NOTE: Promulgated in accordance with R.S.                               HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                       Elementary and Secondary Education, LR 37:525 (February 2011).


§329.     Mathematical Development--Patterns and Relationships

Standard: Identify and create patterns
Louisiana K-4 Content Standards: P-1-E & P-3-E ECERS-R Items: 26 Head Start Performance Standards: 1304.21(a)(4)(iv) 1304.21(c)(1)(ii)
               Indicator                          Grade-level Expectation                                           Examples
PK-CM-P1* Recognize patterns in the 13. Recognize and copy repeated  Go on shape walks to identify patterns in environment
physical world                           patterns (concrete objects, songs, rhymes,  Recognize patterns in snack kabobs
                                         and body movements)                         Identify patterns on common objects, such as flag, clothes, or
                                                                                      environmental patterns
PK-CM-P2 Describe, copy, extend, 13. Recognize and copy repeated  Line up boy, girl, boy, girl …
create patterns and make predictions patterns (concrete objects, songs, rhymes,  Clap out patterns
about patterns                           and body movements)                         Make patterns with manipulatives, such as lacing beads, unifix cubes,
                                                                                      or links
                                                                                     Tell what comes next in a pattern
                                                                                     Create musical patterns playing music on cans
PK-CM-P3 Seriate objects                 No corresponding GLE                        Place blocks in order from shortest to tallest
                                                                                     Place colored bears in order from smallest to largest
*PK–CM-P –Prekindergarten – Cognitive Math – Patterns and Relationships



  AUTHORITY NOTE: Promulgated in accordance with R.S.                             should look for opportunities to explore scientific concepts
17:6.A(10).                                                                       in all content areas.
  HISTORICAL NOTE: Promulgated by the Board of                                       C. Strategies to support an inclusive learning
Elementary and Secondary Education, LR 29:2318 (November                          environment:
2003), amended LR 37:525 (February 2011).
                                                                                       1. simplify a complicated task by breaking it into
Subchapter C. Science
                                                                                  smaller parts or reducing the number of steps;
§331. Scientific Development
                                                                                       2. use shorter but more frequent activities and
  A. Young children are natural scientists. They easily
                                                                                  routines;
become mesmerized by everyday happenings. Through
                                                                                       3. add new activities and specific activities as needed
varied and repeated opportunities to predict, observe,
                                                                                  to meet individual needs.
manipulate, listen, experiment with, reflect, and respond to                             NOTE: To facilitate the inclusion of all children, including
open-ended questions, prekindergarteners make inferences                                 those with varying abilities, IEPs, and/or English Language
and become higher-level thinkers.                                                        Learners, some sample accommodations are embedded within
  B. Quality early childhood science programs require a                                  the examples provided for the indicators. Please see Appendix
                                                                                         A and Appendix B for further information and suggested
balance of content and process, using multi-sensory                                      modifications and/or accommodations.
experiences. In addition to science inquiry skills,                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
prekindergarteners can begin to acquire a foundation of                           17:6.A(10).
science concepts and knowledge on which they can build a                            HISTORICAL NOTE: Promulgated by the Board of
clear understanding of their world. Early childhood teachers                      Elementary and Secondary Education, LR 37:525 (February 2011).




                                                                           525                  Louisiana Register Vol. 37, No. 02 February 20, 2011
§333.     Scientific Development—Inquiry

Standard: Begin to engage in partial and full inquiries
Louisiana K-4 Content Standards: SI-E-A1, A2, A3, A4, A5, A6 SI-E-B1, B2, B3, B4, B5, B6 ECERS-R Items: 25 Head Start Performance Standards:
1304.21(a)(2)(ii) 1304.21(a)(4)(i)
              Indicator                     Grade-level Expectation                                               Examples
PK-CS-I1 Use prior knowledge and 1. Ask questions about objects and             Generate questions about insects (KWL or Experience Charts)
experiences to hypothesize, predict, events in the environment (e.g.,           Engage in spontaneous discussion (teachable moments)
generate questions, and draw plants, rocks, storms)                             Engage in discussion through questioning, after reading a nonfiction science
conclusions about organisms and 2. Pose questions that can be                  book
events in the environment.            answered by using students‘ own           Hypothesize or predict why certain phenomenon occurred
                                      observations        and       scientific
                                      knowledge
PK-CS-I2 Conduct simple scientific 16. Explore the motion of objects by         Observe ice melting
investigations                        using balls, toy cars, or spinning tops   Compare cars rolling down a ramp
                                                                                Compare objects that sink and float
PK-CS-I3 Make observations using No corresponding GLE                           Taste test a variety of foods and describe tastes
senses                                                                          Describe objects in feely box
                                                                                Describe changes in weather
PK-CS-I4 Employ equipment and          4. Select and use developmentally           Sift soil with sieve to find organisms in soil
tools to gather data and extend        appropriate equipment and tools and         Observe objects using color paddles
sensory observations                   units of measurement to observe and         Balance objects in scale to determine which is heavier or lighter
                                       collect data
                                       7. Identify and use appropriate
                                       safety procedures and equipment
                                       when conducting investigations (e.g.,
                                       gloves, goggles, hair ties)
                                       8. Recognize that a variety of tools
                                       can be used to examine objects at
                                       different degrees of magnification
                                       (e.g., hand lens, microscope)
                                       12. Determine whether one object
                                       weighs more or less than another by
                                       using a pan balance
PK-CS-I5       Collect,   interpret,   5. Express data in a variety of ways        Communicate scientific information in a variety of ways (e.g. graph, tally,
communicate data and findings from     by constructing illustrations, graphs,       web, draw pictures, oral report)
observations and experiments in oral   charts, tables, concept maps, and oral      Create models of objects in the environment
and written formats                    and      written    explanations     as     Participate in discussions where points of view are openly shared
                                       appropriate
                                       6. Use a variety of appropriate
                                       formats to describe procedures and to
                                       express ideas about demonstrations
                                       or experiments (e.g., drawings,
                                       journals,     reports,   presentations,
                                       exhibitions, portfolios)
PK-CS-I6 Use appropriate scientific    No corresponding GLE                        Describe the common physical changes of melting, freezing, and evaporating
vocabulary related to topics                                                       Identify the life cycle of a butterfly using scientific terms (e.g. egg and
                                                                                     chrysalis)
*PK-CS-I –Prekindergarten – Cognitive Science – Inquiry




  AUTHORITY NOTE: Promulgated in accordance with R.S.                                    HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                            Elementary and Secondary Education, LR 37:526 (February 2011).

§335.     Scientific Development—Physical Science

                                        Standard: Begin to acquire scientific knowledge related to physical science
Louisiana K-4 Content Standards: SI-E-A1, A2, A3, A4 S1-E-B1, B2, B3, B4, B5 PS-E-A1, A2, A3, A4 PS-E-C6, C7 ECERS-R Items: 25
Head Start Performance Standards: 1304.21(a)(2)(ii) 1304.21(a)(4)(i)
               Indicator                        Grade-level Expectation                                             Examples
PK-CS-P1 Begin investigating states     10. Determine whether objects float        Sort and classify objects by their state of matter
of matter: solids, liquids, and gases   or sink through investigations             Participate in block play using a variety of types of blocks (e.g. wooden
                                        13. Compare the properties of different      unit blocks, cardboard blocks, foam blocks)
                                        solids and liquids through observation     Participate in a variety of sand and water activities
                                        14. Identify components of simple          Observe what happens to objects when filled with gases
                                        mixtures (e.g., salt/water, rice/beans,    Explore three states of water: ice (solid), water (liquid), and steam (gas)
                                        iron filings/sand)
PK-CS-P2 Describe objects by their      9. Sort objects using one                    Describe objects according to size, shape, color, or state of matter
physical properties                     characteristic                               Describe characteristics of sand and water during sand and water play
                                        18. Identify selected substances as hot      Describe what happens when bottles filled with objects suspended in
                                        or cold                                    liquids are moved in various ways such as: dirt in water or confetti in Karo
                                                                                   syrup
                                                                                 526                 Louisiana Register Vol. 37, No. 02 February 20, 2011
                                        Standard: Begin to acquire scientific knowledge related to physical science
Louisiana K-4 Content Standards: SI-E-A1, A2, A3, A4 S1-E-B1, B2, B3, B4, B5 PS-E-A1, A2, A3, A4 PS-E-C6, C7 ECERS-R Items: 25
Head Start Performance Standards: 1304.21(a)(2)(ii) 1304.21(a)(4)(i)
              Indicator                        Grade-level Expectation                                              Examples
PK-CS-P3 Explore the physical world 3. Use the five senses to describe               Take a walk exploring the environment using the senses of sight, touch,
using five senses                       observations                                smell, and/or sound -- describe findings
                                        15. Demonstrate motion by using              Match things during a tasting, touching, smelling party
                                        students‘ own bodies                         Listen to and identify environmental, animal, or voice sounds
                                        17. Identify different sounds as soft or
                                        loud
PK-CS-P4 Explore simple machines, 11. Describe properties of materials              Explore magnets, magnifying glasses, balance scales, gears, pulleys,
magnets, and sources of energy          by using observations made with the          mirrors, and wind-up toys
                                        aid of equipment such as magnets,           Discuss what makes things run by answering open-ended questions (e.g.
                                        magnifying glasses, pan balances, and        car-gas, waterwheel-water, lamp-electricity)
                                        mirrors
*PK-CS-P –Prekindergarten – Cognitive Science – Physical Science




  AUTHORITY NOTE: Promulgated in accordance with R.S.                                 HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                         Elementary and Secondary Education, LR 37:526 (February 2011).

§337.     Scientific Development—Life Science

                                           Standard: Begin to acquire scientific knowledge related to life science
Louisiana K-4 Content Standards: SI-E-A1, A2, A3, A4 SI-E-B1, B2, B3 PS-E-A1, A2, A3, A4 PS-E-C6, C7 LS-E-A1, A2, A6 LS-E-B1 ECERS-R Items: 25
Head Start Performance Standards: 1304.21(a)(2)(ii) 1304.21(a)(4)(i)
               Indicator                       Grade-level Expectation                                             Examples
PK-CS-L1 Explore, observe, and 19. Identify parts of the body and                  Catch insects and place in bug catchers
describe a variety of living things     how they move                              Use magnifying glass to observe insects
                                        20. Give examples of different kinds       Keep a class pet and/or plants in the classroom
                                        of plants and different kinds of           Observe the effect of darkness and light on growing plants
                                        animals
                                        21. Distinguish food items from
                                        nonfood items
                                        22. Learn about animals and plants
                                        through nonfiction literature
                                        23. Observe and care for pets and
                                        plants
                                        24. Describe plants and animals in the
                                        schoolyard or home environments
PK-CS-L2 Explore, observe, and 25. Explore and describe various                    Compare live insects to plastic insects
describe a variety of non-living things properties of rocks, minerals, and soils   Collect non-living things, such as rocks, seashells, or buttons
                                                                                   Sort examples of living and nonliving things
PK-CS-L3 Explore, observe, describe, No corresponding GLE                          Participate in constructing a compost heap
and participate in a variety of                                                    Participate in planting a tree
activities related to preserving their                                             Participate in a campus cleanup day
environment                                                                        Participate in collecting items to recycle
PK-CS-L4 Begin to develop an No corresponding GLE                                  Plant and maintain a butterfly garden
awareness and understanding of plant                                               Read non-fiction age appropriate books about life cycles
and animal life cycles and how the life                                            Observe life cycles of larvae, tadpoles, or mealworms
cycles vary for different reasons
PK-CS-L –Prekindergarten – Cognitive Science – Life Science



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                 HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                         Elementary and Secondary Education, LR 37:527 (February 2011).

§339.     Scientific Development—Earth Science

                                         Standard: Begin to acquire scientific knowledge related to earth science
Louisiana K-4 Content Standards: SI-E-A1, A2, A3, A4 SI-E-B1, B2, B3, B4, B5 ESS-E-A1, A4 ESS-E-B1 ECERS-R Items: 25
Head Start Performance Standards: 1304.21(a)(2)(ii) 1304.21(a)(4)(i)
              Indicator                           Grade-level Expectation                                            Examples




                                                                             527                  Louisiana Register Vol. 37, No. 02 February 20, 2011
                                         Standard: Begin to acquire scientific knowledge related to earth science
Louisiana K-4 Content Standards: SI-E-A1, A2, A3, A4 SI-E-B1, B2, B3, B4, B5 ESS-E-A1, A4 ESS-E-B1 ECERS-R Items: 25
Head Start Performance Standards: 1304.21(a)(2)(ii) 1304.21(a)(4)(i)
              Indicator                              Grade-level Expectation                                                Examples
PK-CS-ES1 Investigate, compare, and          9. Sort concrete objects by attribute             Draw, write, and/or dictate a message in journal about what they see,
contrast seasonal changes in their           (shape, size, color)                               feel, and do in certain kinds of weather or over a period of time
immediate environment                                                                          Dress-up in a variety of seasonal clothing in the dramatic play center
                                                                                               Play a lotto game about the seasons



PK-CS-ES2        Discover    through         26. Describe the weather and its daily            Graph each day‘s weather
observation that weather can change          changes                                           Keep weather journal
from day to day                              27. Describe different types of weather           Read a thermometer to determine temperature
                                             students have experienced and give                Keep a record of the day‘s temperature either from the ewspaper,
                                             examples of how daily activities and               home, or outside thermometer
                                             appropriate attire are affected by weather
                                             conditions

PK-CS-ES3 Use vocabulary to describe         28. Learn about objects in the sky               Listen to and retell stories about the earth, sky, land formations, and
major features of the earth and sky          through nonfiction literature                    bodies of water such as: In the Night Sky, Happy Birthday Moon,
                                                                                              Good Night Moon, In a Small, Small Pond, In the Tall, Tall Grass,
                                                                                              Swimmy, Big Al, The Tiny Seed
                                                                                             Discuss things in the day and night time sky
                                                                                             Observe and discuss shadows at various times of the day
*PK-CS-ES –Prekindergarten – Cognitive Science – Earth Science



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                           1. provide adaptive equipment and materials where
17:6.A(10).                                                                               needed to accommodate children's special needs;
  HISTORICAL NOTE: Promulgated by the Board of                                                  2. assure that the classroom and school environments
Elementary and Secondary Education, LR 29:2321 (November                                  are handicapped accessible and meet the needs of all
2003), amended LR 37:527 (February 2011).
                                                                                          children;
Subchapter D. Social Studies
                                                                                                3. use appropriate verbal, visual, and physical cues in
§341. Social Studies Development
                                                                                          all the activities to meet the special needs of all the children.
  A. For young children the foundation for learning in                                          NOTE: To facilitate the inclusion of all children, including
social studies and history begins with the child's personal                                     those with varying abilities, IEPs, and/or English Language
experiences and understanding of the relationship of self to                                    Learners, some sample accommodations are embedded within
home and family. Their understanding then gradually                                             the examples provided for the indicators. Please see Appendix
                                                                                                A and Appendix B for further information and suggested
expands to include the people they meet in school,                                              modifications and/or accommodations.
neighborhood, community, and the larger world. Teachers                                     AUTHORITY NOTE: Promulgated in accordance with R.S.
need to identify children's current knowledge and                                         17:6.A(10).
understanding. The prekindergarten curriculum needs to                                      HISTORICAL NOTE: Promulgated by the Board of
focus on concepts that are related to the child's immediate                               Elementary and Secondary Education, LR 37:528 (February 2011).
experience.                                                                               §343.      Social Studies Development—Geography
  B. Strategies to support an inclusive learning
environment:

                            Standard: Develop an understanding of location, place, relationships within places, movement, and region
Louisiana K-4 Content Standards: G-1B-E1 ECERS-R Items: 22 Head Start Performance Standards: 1304.21(c)(1)(ii)
                Indicator                        Grade-level Expectation                                              Examples
PK-CSS-G1 Include representations of 1. Identify representations of roads,           Use blue paper for a lake in the block area
roads, bodies of water, and buildings bodies of water, and buildings in play         Drive toy cars on roads made from blocks
in their play                             activities
PK-CSS-G2 Use words to indicate No corresponding GLE                                 Correctly use and respond to words, such as left, right, first, last, big, little,
directionality, position, and size                                                      top, or bottom
                                                                                     Verbalize location of objects that are hidden during a Hide and Seek game
PK-CSS-G3 Develop awareness of the 2. Demonstrate an awareness of the                Recognize some common symbols of state and country, such as the shape
world around them                         world around them (e.g., provide              of Louisiana or United States, or the Louisiana or American flag
                                          simple information about a trip the        Observe the path a letter travels when teachers shows route on the map
                                          student has taken or where the stude nt    Answers questions about where they went on a trip or other places they
                                          lives)                                        have lived
*PK-CSS-C –Prekindergarten – Cognitive Social Studies – Geography


  AUTHORITY NOTE: Promulgated in accordance with R.S.                                       HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                               Elementary and Secondary Education, LR 37:528 (February 2011).


                                                                                 528                    Louisiana Register Vol. 37, No. 02 February 20, 2011
§345.     Social Studies Development—Civics

Standard: Develop community and career awareness
Louisiana K-4 Content Standards: E-1A-E3 Kindergarten Health Standards: 3-E-1 & 3-E-2 Head Start Performance Standards: 1304.21(c)(1)(ii)
            Indicator                         Grade-level Expectation                                                       Examples
PK-CSS-C1 Recognize community           2. Identify community workers and                  Identify different community workers by the uniform worn or the
workers and increase awareness of            their jobs                                     equipment used
their jobs                                                                                 Participate in field trips to observe community workers
                                                                                           Listen to guest speakers, such as a firefighter or a police officer
                                                                                           Dress-up and role play different types of community workers
PK-CSS-C2 Identify his/her role as a    5. Participate in patriotic activities             Participate in classroom duties
member of family/class                                                                     Describe experiences shared within the family
                                                                                           Participate in role playing
*PK-CSS-E –Prekindergarten – Cognitive Social Studies – Civics



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                        HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                                Elementary and Secondary Education, LR 37:529 (February 2011).

§347.     Social Studies Development—Economics

                             Standard: Develop an understanding of how basic economic concepts relate to their everyday lives
Louisiana K-4 Content Standards: E-1A-E3 Head Start Performance Standards: 1304.21(c)(1)(ii)
               Indicator                           Grade-level Expectation                                              Examples
PK-CSS-E1 Demonstrate an awareness of 6. Demonstrate an awareness of the uses            Use pretend money to purchase things in a dramatic play grocery
money being used to purchase things       of money in play activities                       store, bank, or post office
*PK-CSS-G –Prekindergarten – Cognitive Social Studies –Economics




  AUTHORITY NOTE: Promulgated in accordance with R.S.                                        HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                                Elementary and Secondary Education, LR 37:529 (February 2011).

§349.     Social Studies Development—History

                                                                                                      Standard: Develop an understanding of the concept of time
Louisiana K-4 Content Standards: H-1A-E1 Head Start Performance Standards: 1304.21(c)(1)(ii)
                Indicator                          Grade-level Expectation                                         Examples
PK-CSS-H1 Use words to describe time      7. Demonstrate an awareness of time by         Use statements like, ―I‘m getting a bike today!‖ or ―My birthday
(yesterday, today, tomorrow)              using and responding to such words as              is tomorrow!‖
                                          yesterday, today, and tomorrow                 Use statement like, ―The field trip was yesterday.‖

*PK-CSS-H –Prekindergarten – Cognitive Social Studies - History



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                          4. offer creative arts experiences in a risk-free
17:6.A(10).                                                                                environment;
  HISTORICAL NOTE: Promulgated by the Board of                                                 5. encourage children to express themselves freely.
Elementary and Secondary Education, LR 37:529 (February 2011).                               C. Strategies to support an inclusive learning
Subchapter E. Creative Arts                                                                environment:
§351. Creative Arts Development                                                                1. provide materials that are easily adaptable for
   A. Creative arts development fosters creativity,                                        independent use and ensure that the materials are easily
individual expression, self-esteem, imagination, and                                       accessible;
appreciation of diversity. Through music, movement, visual                                     2. adapt the environment to promote interaction,
arts, and dramatic arts, prekindergarten children are                                      engagement, and learning;
encouraged to explore and express themselves creatively.                                       3. allow participation based on interest, ability,
Creative expression supports children‘s cognitive growth,                                  language, and culture.
problem-solving skills, and growing insight about the world                                     NOTE: To facilitate the inclusion of all children, including
around them.                                                                                    those with varying abilities, IEPs, and/or English Language
   B. Effective prekindergarten programs:                                                       Learners, some sample accommodations are embedded within
                                                                                                the examples provided for the indicators. Please see Appendix
     1. integrate creative arts in all developmental                                            A and Appendix B for further information and suggested
domains;                                                                                        modifications and/or accommodations.
     2. provide daily opportunities for creative endeavors;                                  AUTHORITY NOTE: Promulgated in accordance with R.S.
     3. emphasize the process, rather than the outcome;                                    17:6.A(10).

                                                                                 529                   Louisiana Register Vol. 37, No. 02 February 20, 2011
  HISTORICAL NOTE: Promulgated by the Board of                                          2. Age Seven―child has established a mental picture
Elementary and Secondary Education, LR 37:529 (February 2011).                     of an object that is repeated with each painted repetition of
§353. Stages of Art Development                                                    the object. For example, each time the child paints a house,
   A. Scribbling Stage (three to four years of age). Child                         it will look very much like all the other houses he/she
use crayons, markers and paint in zigzag fashion and circular                      painted.
motions. Later, the scribbles become more controlled. Their                           C. Schematic Stage (six to nine years of age). At this
work is exploratory. Color is unrealistic. The child begins to                     stage, sky lines (usually blue) and base lines (usually green)
draw symbols like circles, crosses and lines.                                      appear on the top and bottom of drawings. Items drawn
   B. Preschematic Stage (four to seven years of age)                              between these lines usually are proportional, and they are on
     1. Age Four―the child begins to show definite forms                           the base line as appropriate.
in representing a person, making a circle for the head and                                 Source: The Portfolio and Its Use: A Road Map for
two vertical lines for legs. Sometimes there is a mouth, arms,                             Assessment by Southern Early Childhood Association
hands, feet or shoes. Objects are drawn at random and they                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                                   17:6.A(10).
are not in sequence or proportion. At this stage, form is more
                                                                                     HISTORICAL NOTE: Promulgated by the Board of
important than color. As children progress through this stage,                     Elementary and Secondary Education, LR 37:530 (February 2011).
size becomes more proportional, and they gain more brush
control as their paintings begin to look more like
illustrations.

§355.    Creative Arts Development—Music

                                       Standard: Begin to participate in musical activities, perform and create music
    Head Start Performance Standards: 1304.21(a)(3)(ii) & (a)(4)(ii) ECERS-R: 21 Kindergarten P.E. Standards: 1-P-4
                  Indicator                             Grade-level Expectation                                     Examples
    NOTE: PreK Indicators do not apply to this    1. Respond to variations in music –        Participate in musical listening games to hear differences
    Standard                                      pitch, volume, tempo, beat, rhythm,         in sounds or feel differences in vibrations (e.g. vocal,
                                                  or patterns                                 instrumental, sounds, or vibrations produced by
                                                                                              instruments)
                                                                                             Respond to music that has different types of beat by
                                                                                              tapping or clapping with the beat
                                                                                             Reproduce a musical variation with instruments, computer
                                                                                              programs, voice, hand signs or movement

                                                  2. Express thoughts and feelings in          Use props (e.g. scarves, streamers, instruments) to
                                                  response to a variety of diverse types        respond with expression to music
                                                  of music                                     Draw a picture in response to how they feel as they listen
                                                                                                to a variety of music
                                                                                               Participate in discussions (verbally or with an alternate
                                                                                                communication system) about a live musical performance
                                                                                                (e.g. how the performance made you feel, what you liked
                                                                                                about the performance)
                                                  3.   Make music                              Participate in daily musical activities, such as singing,
                                                                                                finger plays, nursery rhymes, poetry, rhythmic games,
                                                                                                instruments, and/or musical books
                                                                                               Participate in songs and rhythms that reflect different
                                                                                                languages and cultures
                                                                                               Use musical instruments and props indoors or outdoors
                                                                                               Create own music using voice, instruments or other
                                                                                                objects



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                        Elementary and Secondary Education, LR 37:530 (February 2011).

§357.    Creative Arts Development—Movement

                                               Standard: Begin to participate in creative movement activities
    Head Start Performance Standards: 1304.21(a)(4)(ii) ECERS-R: 21 Kindergarten P.E. Standards: 2-P-2; 2-P-3; & 2-P-5
                  Indicator                  Grade-level Expectation                                            Examples
    NOTE: PreK Indicators do not 1. Observe or participate in                 Observe and repeat the movements of people, animals, and various
    apply to this Standard               various forms of movement               objects
                                                                              Develop body and/or hand movements that express concepts or ideas
                                                                                 (e.g. feelings, directions, to find an object, or specific words)
                                                                              Play charades or ―Simon Says‖ with prompts from teacher (e.g. stop,
                                                                                 go, walk, come, angry, sad, hurry, surprise)




                                                                           530                    Louisiana Register Vol. 37, No. 02 February 20, 2011
                                             Standard: Begin to participate in creative movement activities
   Head Start Performance Standards: 1304.21(a)(4)(ii) ECERS-R: 21 Kindergarten P.E. Standards: 2-P-2; 2-P-3; & 2-P-5
               Indicator                   Grade-level Expectation                                          Examples
                                        2. Show creativity through          Dance freely to music
                                        movement                            Imitate various movements found in nature, such as animals, trees, or
                                                                                water
                                                                            Exhibit a variety of creative ways to move with or without assistance




  AUTHORITY NOTE: Promulgated in accordance with R.S.                                 HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                         Elementary and Secondary Education, LR 37:530 (February 2011).

§359.    Creative Arts Development—Visual Art

                                           Standard: Respond to and begin to create various forms of visual art
   Head Start Performance Standards: 1304.21 (a)(4)(ii) ECERS-R: 20 & 27
                Indicator                   Grade-level Expectation                                             Examples
   NOTE: PreK Indicators do not         1. Observe and/or describe               Work with different art materials in the art center (e.g. clay, paint, collage
   apply to this Standard               various forms of art                      materials, and string)
                                                                                 View or feel art objects or exhibits, such as paintings, sculptures
                                                                                 Observe and/or tell about various artists and crafters who demonstrate
                                                                                  different types of art media
                                                                                 Describe or show what they like about their own art and art of others
                                                                                 Point out various forms of art media (e.g. photographs, collages,
                                                                                  paintings) found in books, photographs/prints, on school site and on field
                                                                                  trips
                                        2. Create    individual   and/or         Participate regularly in creative art opportunities using water colors,
                                        group art                                 collage materials, paints, paper, scissors, glue, crayons, stamp pads,
                                                                                  templates, stencils, markers, paint brushes and clay (independently or
                                                                                  with support)
                                                                                 Use a computer program with a mouse, touch screen or other assistive
                                                                                  technology to create art
                                                                                 Work with friends to create a collage or to paint a mural



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                 HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                         Elementary and Secondary Education, LR 37:531 (February 2011).

§361.    Creative Arts Development—Dramatic Art

                                                Standard: Participate in, perform, and create dramatic art
   Head Start Performance Standards: 1304.21(a)(4)(ii) ECERS-R: 24
                 Indicator                   Grade-level Expectation                                           Examples
   NOTE: PreK Indicators do not apply     1. Experience and respond to        Watch a puppet show the librarian presents for the class when she visits
   to this Standard                       a     variety    of  dramatic        their room
                                          performances (puppetry, story-      Participate in retelling a story based on a dramatic performance the class
                                          telling,      dance,    plays,       saw together
                                          pantomime, theater)                 Participate in discussions about a dramatic performance (e.g. how the
                                                                               performance made you feel, what character[s] did you like best and why?)
                                                                              Create a picture to show feelings after viewing a variety of dramatic
                                                                               performances
                                          2. Role play or use puppets to      Play in various interest centers with a variety of props
                                          express feelings, dramatize         Role-play problem-solving in classroom situations (e.g. taking turns,
                                          stories, mimic social behaviors      sharing, playing cooperatively, expressing feelings, appropriate behaviors
                                          observed in adults, re-enact         and manners)
                                          real-life roles and experiences     Act out stories that come from different cultures (e.g. fairy tales told by
                                                                               persons from a different country or Native American legends)
                                                                              Pretend to cook dinner while playing outside in the sand box
                                          3. Participate in activities        Exhibit free expression and imagination in songs, stories, poems, and
                                          using symbolic materials and         finger plays (e.g. using scarves to represent birds; hands as thunder,
                                          gestures to represent real           raindrops, footsteps; stick for wand, pointer, a horse, or a walking cane)
                                          objects and situations              Pretend that objects are something else during play (e.g. using a banana or
                                                                               their fingers for a telephone, using bristle blocks as hair clippers)




                                                                            531                    Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                    4. emphasize participation, rather than mastery.
17:6.A(10).                                                                           C. Strategies to support an inclusive learning
  HISTORICAL NOTE: Promulgated by the Board of                                     environment:
Elementary and Secondary Education, LR 29:2326 (November                                 1. provide adaptive equipment and materials 2. assure
2003), amended LR 37:531 (February 2011).
                                                                                   that the classroom and school environments are easily
Subchapter F. Health and Physical Development
                                                                                   accessible;
§363. Health and Physical Development
                                                                                         3. use appropriate verbal, visual, and physical cues in
  A. Health and physical development skills are the
                                                                                   all the activities;
foundation for the future health and well-being of all
                                                                                         4. allow participation based upon interest, ability,
children. This domain fosters children‘s sound nutritional
                                                                                   language, and culture.
choices and health and safety practices for optimal learning.                            NOTE: To facilitate the inclusion of all children, including
Fine and gross motor skills enhance agility and strength,                                those with varying abilities, IEPs, and/or English Language
neural development, and general body competence.                                         Learners, some sample accommodations are embedded within
  B. Effective prekindergarten programs:                                                 the examples provided for the indicators. Please see Appendix
                                                                                         A and Appendix B for further information and suggested
     1. integrate physical development and health and                                    modifications and/or accommodations.
safety activities into all curriculum areas;                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
     2. introduce concepts and model behaviors that                                17:6.A(10).
promote a healthy lifestyle.                                                         HISTORICAL NOTE: Promulgated by the Board of
     3. provide adequate age-appropriate indoor and                                Elementary and Secondary Education, LR 29:2329 (November
outdoor space and facilities that allow children to experience                     2003), amended LR 37:532 (February 2011).
a variety of developmentally appropriate physical activities.

§365.    Health and Physical Development—Health and Hygiene

                                                          Standard: Develop health and hygiene skills
                Indicator                 Grade-level Expectation                                            Examples
   NOTE: PreK Indicators do not        1. Demonstrate an awareness         Engage in activities to learn about healthy and unhealthy foods
   apply to this Standard              of healthy practices                Understand that some foods are healthy and that some foods are not healthy
                                                                           Participate in practices that promote healthy hygiene
                                                                           Identify reasons for the importance of rest
                                                                           Participate in nutritious cooking activities
                                                                           Recognize that some foods may cause allergic reactions
                                                                           Participate in exercise activities
                                       2. Exhibit good hygiene habits      Use proper handwashing techniques
                                       and self-help skills                Use appropriate dental hygiene practices
                                                                           Use appropriate toileting skills independently
                                                                           Demonstrate autonomy in routine tasks (e.g. self-dressing, taking care of
                                                                              personal belongings, cleaning up after activities)
                                                                           Attempt to cover nose and/or mouth when coughing or sneezing, use tissue
                                                                              to wipe nose, wash hands after toileting and nose wiping



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                        Elementary and Secondary Education, LR 37:532 (February 2011).

§367.    Health and Physical Development—Environmental Hazards

                                   Standard: Begin to develop an awareness of potential hazards in their environments
   Head Start Performance Standards: 1304.22(a); (c)(1)(iii); & (d) ECERS-R Items: 14 Kindergarten Health Standards: 1-E-4; 3-E-1; 3-E-2; & 7-E-1
                 Indicator                   Grade-level Expectation                                           Examples
   NOTE: PreK Indicators do not          1. Identify potentially harmful        Sort pictures of non-harmful and harmful objects into groups
   apply to this Standard                objects, substances, behaviors,        Practice basic strategies to prevent injury (e.g. crossing the street with
                                         and/or situations                       an adult, wearing helmets while bike riding, locking brakes on wheel
                                                                                 chair when it is not moving, or wearing seatbelts)
                                                                                Avoid touching potentially harmful substances or objects that only
                                                                                 adults should use (e.g. knives, cleaning supplies, and hot pans)
                                                                                Recognize basic hazard symbols such as ―Mr. Yuk‖
                                         2. Be aware of and follow              Follow classroom and school rules
                                         universal safety rules                 Practice appropriate emergency drills (fire, tornado, bomb, 911, bus) in
                                                                                 different environments with guidance from teacher
                                                                                Follow basic safety rules with guidance from teacher (e.g. bus, bicycle,
                                                                                 playground, crossing the street, and stranger awareness)
                                                                                Recognize basic traffic symbols and signs




                                                                           532                   Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                    HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                            Elementary and Secondary Education, LR 37:532 (February 2011).

§369.    Health and Physical Development—Gross Motor

                                                             Standard: Develop gross motor skills
   Head Start Performance Standards: 1304.21(a)(5) ECERS-R Items: 7, 8, & 9 Kindergarten P.E. Standards: 1-P-1; 1-P-2; 1-P-3; 2-P-2; 2-P-3; 2-P-4; 2-P-5;
   3-P-2; 3-P-3; 4-P-1; 4-P-2; 4-P-3; 4-P-4; 5-P-1; 5-P-2; 5-P-3; 5-P-4; & 7-P-3
               Indicator                     Grade-level Expectation                                            Examples
   NOTE: PreK Indicators do not 1. Develop                    coordination,     Engage in large motor activities, such as climbing stairs/slide ladders
   apply to this Standard               balance and spatial awareness            (alternating feet), marching, hopping, running, jumping, dancing, riding
                                                                                 tricycles/scooters, pulling or pushing wagons, and painting with large
                                                                                 strokes
                                                                                Use adaptive equipment, such as scooter boards, modified tricycles, and
                                                                                 walker ponies to participate in motor activities
                                                                                Walk on balance beam or straight tape line on the floor
                                                                                Balance on one foot
                                                                                Avoid obstacles while running or maneuvering a walker or wheel chair
                                                                                 by controlling starts, stops, and sudden changes in direction
                                                                                Engage in activities that encourage crossing the midline, such as
                                                                                 touching the left ear or right ear with the opposite hand or crossing one
                                                                                 foot over the other foot
                                        2. Coordinate movements to              Walk, gallop, jump, run and/or move to exercise CDs/videos
                                        perform tasks and try new skills        Tolerate support or assistance for movement activities (e.g. assisted
                                        indoors and/or outdoors                  movement of arms, legs or trunk or balancing on a large ball)
                                                                                Use open-ended materials (e.g. planks, wooden boxes, or hollow blocks)
                                                                                 to move about, build and construct
                                                                                Engage in large motor activities that promote basic non-locomotor skills
                                                                                 (e.g. bending and stretching), spatial awareness and balance
                                                                                Engage in activities that develop skills with a ball (e.g. moving body into
                                                                                 position to catch or kick a ball, bouncing, kicking, throwing, catching, or
                                                                                 rolling)
                                                                                Participate in a number of indoor and outdoor activities that increase
                                                                                 strength, endurance, and flexibility, such as running for increasing
                                                                                 amounts of time, participating in stretching activities, or climbing
                                                                                 through tunnels
                                                                                Use outdoor/indoor large motor equipment daily to enhance strength and
                                                                                 stamina in movement activities
                                                                                Play simple group games



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                    HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                            Elementary and Secondary Education, LR 37:533 (February 2011).

§371.    Health and Physical Development—Fine Motor

                                                           Standard: Develop fine motor skills
   Head Start Performance Standards: 1304.21(a)(5) ECERS-R Items: 19 and 20
                    Indicator                             Grade-level Expectation                                         Examples
   NOTE: PreK Indicators do not apply to this 1. Strengthen and control small muscles                Tear paper
   Standard                                       in hands                                           Use adaptive materials, such as triangle crayons or
                                                                                                      adaptive scissors
                                                                                                     Work with play dough and clay
                                                                                                     Squeeze wet sponges or use tongs or large tweezers
                                                                                                      to pick up objects
                                                                                                     Spin a top
                                                    2.   Exhibit manual coordination                 Use hands and fingers to act out finger plays and
                                                                                                      songs
                                                                                                     Use scissors and art materials
                                                                                                     Snap, button, or zip on clothing or clothing materials
                                                                                                     Use large tweezers to move objects from one place to
                                                                                                     another
                                                    3. Participate in eye-hand coordination          Use beads, laces, and pegs
                                                    activities and develop spatial awareness         Cut paper with scissors
                                                                                                     Complete simple puzzles
                                                                                                     Use computer mouse or touch screen
                                                                                                     Scoop dry sand and pour into a bottle
                                                                                                     Use a variety of items/textures
                                                                                                     Use plastic links to make a necklace



                                                                             533                   Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                            first vowel in a word and all the sounds that follow) in
17:6.A(10).                                                                      spoken syllables;
  HISTORICAL NOTE: Promulgated by the Board of                                          d. identifying and working with individual sounds
Elementary and Secondary Education, LR 29:2330 (November                         in spoken words (phonemic awareness).
2003), LR 37:533 (February 2011).
                                                                                      2. Oral Language—development of expressive and
Subchapter G. Language and Literacy
                                                                                 receptive language, including vocabulary, the contextual use
§373. Language and Literacy Development
                                                                                 of speech and syntax, and oral comprehension abilities.
  A. Language and literacy are composed of listening,
                                                                                      3. Print Awareness—knowledge of the purposes and
speaking, writing, thinking, and reading. The foundations of
                                                                                 conventions of print.
language and literacy are critical to all other curriculum
                                                                                      4. Alphabet Knowledge—recognize letters of the
areas as well as to the individual's social and emotional
                                                                                 alphabet (not rote memory).
development. Children develop the basis for communication                               Source: Early Reading First Guidelines
in the early childhood years, beginning with nonverbal and                         AUTHORITY NOTE: Promulgated in accordance with R.S.
social exchanges, then developing spoken language, moving                        17:6.A(10).
to an understanding of how oral language is translated into                        HISTORICAL NOTE: Promulgated by the Board of
written symbols, and finally learning to decode and create                       Elementary and Secondary Education, LR 37:534 (February 2011).
written symbols to develop literacy. A solid foundation in                       §377. Stages of Written Language Development
language development in the years before a child enters                             A. Children learn to write through a natural
school will promote success in reading and writing in the                        developmental progression. Each child should be allowed to
future. Young children who have rich language and literacy                       progress at their own pace. There are at least six different
experiences are less likely to have difficulties learning to                     stages of writing.
read.
  B. Strategies to support an inclusive learning                                               Stage 1―Random Scribbling: (2 and 3 years old)
environment:                                                                      Children make marks on paper with little muscular control.
                                                                                                 Stage 2―Controlled Scribbling: (3 years old)
     1. provide good models of communication;                                     Children "write" across the paper in linear fashion, repeating patterns over
     2. use special or adaptive devices to increase level of                      again, showing increased muscular control.
communication and/or participation;                                                             Stage 3―Letter-like Forms: (3 and 4 year olds)
     3. use a favorite toy, activity or person to encourage                       Children make mock letters. These are written lines of letters that have
communication and/or participation;                                               letter characteristics, but they are misshapen and written randomly, even
                                                                                  covering the page. They pretend they are writing; in their work they
     4. provide opportunities for interaction with typically                      separate writing from drawing. They have purpose to their letter-like
developing peers.                                                                 forms.
     NOTE: To facilitate the inclusion of all children, including                          Stage 4―Letter and Symbol Relationship: (4 year olds)
     those with varying abilities, IEPs, and/or English Language                  Children write letters to represent words and syllables. They can write
     Learners, some sample accommodations are embedded within                     their names. They know the word that represents their names. They can
     the examples provided for the indicators. Please see Appendix                copy words. Reversals are frequent.
     A and Appendix B for further information and suggested                                     Stage 5―Invented Spelling: (4 and 5 year olds)
     modifications and/or accommodations.                                         Children make the transition from letter forms to invented spelling. This
  AUTHORITY NOTE: Promulgated in accordance with R.S.                             requires organization of letters and words on the page. They use a group
17:6.A(10).                                                                       of letters to form a word. Many of the letters will be consonants. They
  HISTORICAL NOTE: Promulgated by the Board of                                    understand that letters relate to sounds. Some punctuation appears. They
Elementary and Secondary Education, LR 37:534 (February 2011).                    can copy words from their environment.
§375. Beginning Reading Skills                                                                Stage 6―Standard Spelling: (5, 6, and 7 year olds)
                                                                                  Most of the words the children use are written correctly; some add
  A. Scientifically based reading research shows that it is                       punctuation. They organize their words in lines with spaces between the
important for preschool age children to experience the                            words; they move from left to right, and from the top of the to the bottom.
following language, cognitive, and early reading skills for                              Source: The Portfolio and Its Use: A Road Map for
continued school success.                                                                Assessment by Southern Early Childhood Association
     1. Phonological Awareness includes:
                                                                                   AUTHORITY NOTE: Promulgated in accordance with R.S.
       a. identifying and making oral rhymes;                                    17:6.A(10).
       b. identifying and working with syllables in spoken                         HISTORICAL NOTE: Promulgated by the Board of
words through segmenting and blending;                                           Elementary and Secondary Education, LR 29:2332 (November
       c. identifying and working with "onsets" (all sounds                      2003), LR 37:534 (February 2011).
of a word that come before the first vowel) and "rimes" (the

§379.    Language and Literacy Development—Listening

                                                        Standard: Develop and expand listening skills
Louisiana K-4 Content Standards: ELA-1-E1; ELA-4-E2, E3, E5, E6, E7 ECERS-R Items: 18 Head Start Performance Standards: 1304.21 (a)(4)(iii) & (a)(4)(iv)
1304.21(c)(1)(ii)
          Indicator                        Grade-level Expectation                                            Examples
PK-LL-L1       Listen   with 8. Listen to a story and state orally what        Respond to stories read to the whole class
understanding to directions the story is about                                 Understand changes in the morning activity schedule being described by
and conversations               10. Share related life experiences after         the teacher
                                stories are read aloud                         Carry on a conversation with another person that develops a thought or
                                                                                 idea expressed by the group earlier
                                                                               Listen to tapes or CD‘s and show understanding through body language or

                                                                         534                    Louisiana Register Vol. 37, No. 02 February 20, 2011
                                                     Standard: Develop and expand listening skills
Louisiana K-4 Content Standards: ELA-1-E1; ELA-4-E2, E3, E5, E6, E7 ECERS-R Items: 18 Head Start Performance Standards: 1304.21 (a)(4)(iii) & (a)(4)(iv)
1304.21(c)(1)(ii)
          Indicator                     Grade-level Expectation                                            Examples
                                                                                by interacting with such

PK-LL-L2 Follow directions        24. Follow one- and two-step verbal                   Repeat an instruction to a friend
that involve two- or three-step   and nonverbal directions                              Follow these instructions, ―Wash you hands, then sit at the table‖
sequence of actions               8. Listen to a story and state orally                 Follow these instructions, ―Get your coat, put it on, then sit next to your
                                  what the story is about                                friend‖
                                                                                        Follow directions given to the class, such as ―Take this note about our
                                                                                         class trip home, have a family member sign it, and bring it back to me‖
PK-LL-L3       Hear      and      1. Demonstrate            understanding     of        Listen to and participate in many nursery rhymes, chants, poems,
discriminate the sounds of        phonological awareness by doing the                    fingerplays, and songs
language in the environment       following:                                            Make up silly rhymes, such as funny bunny or silly willy
to     develop     beginning          Manipulating endings of words and                Clap hands for each syllable in a word, such as clap hands three times
phonological awareness                    nonsense words to make rhyming                 when saying Su-zan-na
                                          sounds                                        Sing songs that segment words or accent beginning sounds, and with
                                      Manipulating syllables in spoken                  teacher, clap to the syllables
                                          words (segment/blend)                         Play with sounds to create new words, such as ―Pass the bapkin napkin‖
                                      Identifying and manipulating onset                (rhymes)
                                          and rime in words with three sounds           Notice words that begin in the same way, such as ―My name begins the
                                          (onset of the word cake is /k/ and the         same as popcorn and pig‖ (onsets)
                                          rime of the word cake is /-ake/)
                                      Repeating each word in a simple
                                          sentence
                                  2. Demonstrate            understanding     of
                                  phonemic awareness by manipulating and
                                  identifying individual sounds (phonemes) in
                                  spoken words with three sounds
                                  3. Demonstrate            understanding     of
                                  alphabetic principle by doing the following:
                                       Identifying own first name in print
                                       Identifying at least eight uppercase or
                                           lowercase letters, focusing on those
                                           in the student‘s name
                                  18. Participate in group-shared writing
                                  activities that include rhyming and
                                  descriptive words
                                  27. Actively participate in role-playing,
                                  creative dramatics, finger plays, nursery
                                  rhymes and choral speaking
PK-LL-L4         Demonstrate      5. Orally respond to questions using                  Listen to a variety of literature genre, including narratives, nursery
understanding     of     new      new       vocabulary      introduced     in            rhymes, other poems, and informational books
vocabulary introduced in          conversations, activities, stories, or                Listen to read-aloud books that are characterized by less common
conversations,     activities,    books                                                  vocabulary, more complex sentences, and concepts
stories or books                  27. Actively          participate        in
                                  role-playing, creative dramatics, finger
                                  plays, nursery rhymes and choral
                                  speaking
PK-LL-L5        Engage      in    28. Listen and orally respond to questions            Listen to a story on a tape or a CD
activities that offer the         about media, including music and videos               Listen to recordings of age-appropriate stories while looking at a book
opportunity to develop skills     30. Identify a computer mouse and its                 Use age-appropriate and interactive software programs when available
associated with technology by     purpose (i.e., to navigate the screen)
viewing, comprehending, and
using non-textual information



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                      HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                              Elementary and Secondary Education, LR 37:534 (February 2011).




                                                                               535                    Louisiana Register Vol. 37, No. 02 February 20, 2011
§381.    Language and Literacy Development—Speaking

                                           Standard: Communicate experiences, ideas, and feelings through speaking
   Louisiana K-4 Content Standards: ELA-2-E1 & E2 ELA-4-E1, E2, E5, E6, E7 ECERS-R Items: 15 & 17 Head Start Performance Standards: 1304.21
   (a)(4)(iii) & (a)(4)(iv) 1304.21(c)(1)(ii)
               Indicator                      Grade-level Expectation                                           Examples
   PK-LL-S1        Develop     and 7. Role-play using different voices           Use different voices for characters in stories read aloud or told, such as
   expand expressive language to represent characters in familiar                 The Three Bears and The Three Billy Goats Gruff
   skills                             stories                                    Role play activities where different levels of volume would be used, such
                                      10. Share related life experiences          as when a baby is sleeping or when calling to someone standing far away
                                      after stories are read aloud               Participate as an equal partner in conversations by responding to others,
                                      11. Orally express thoughts about           making relevant comments, or providing more information when message
                                      characters or events in a story             is not understood
                                      21. Use words, phrases, and/or             Talk through or explain reasoning when problem-solving (classroom
                                      sentences to express feelings, ideas,       materials or behaviors)
                                      needs, and wants
                                      22. Carry on a conversation about a
                                      topic, thought, or idea from the
                                      classroom, home, or community
                                      23. Repeat an instruction given
                                      orally
                                      29. Recognize           and       follow
                                      agreed-upon rules for discussing,
                                      such as raising one's hand, waiting
                                      one's turn, and speaking one at a time
                                      31. Identify and use information
                                      that is formatted in a chart or graph,
                                      such as a daily schedule
   PK-LL-S2          Use       new 11. Orally express thoughts about             Incorporate words and phrases from books, stories, and activities into
   vocabulary in spontaneous characters or events in a story                      play
   speech                             21. Use words, phrases, and/or             Incorporate story elements into play
                                      sentences to express feelings, ideas,      Participate in class discussions of books, stories, and activities
                                      needs, and wants                           Use new vocabulary introduced in a thematic study during play
                                      27. Actively          participate      in
                                      role-playing, creative dramatics,
                                      finger plays, nursery rhymes and
                                      choral speaking



   PK-LL-S3 Ask and answer          9. Answer simple questions about               Dictate stories during small group time about experiences they have had
   relevant questions and share     a story read aloud                             Ask simple questions, such as ―What‘s for lunch?‖ or ―Can we play
   experiences individually and     14. Use simple reasoning skills,               outside today?‖
   in groups                        including asking simple questions              Ask questions to further their understanding, such as ―Where does the
                                    about a story read aloud                       snow go when it melts?‖ or ―Why does that man wear a uniform?‖
                                    22. Carry on a conversation about a            Answer questions with a complete thought, such as ―I took a bus to
                                    topic, thought, or idea from the               school‖ or ―I want purple and blue paint‖
                                    classroom, home, or community
                                    26. Speak about life experiences or
                                    topics of interest


   PK-LL-S –Prekindergarten – Language and Literacy Development – Speaking


  AUTHORITY NOTE: Promulgated in accordance with R.S.                                  HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                          Elementary and Secondary Education, LR 37:536 (February 2011).




                                                                             536                   Louisiana Register Vol. 37, No. 02 February 20, 2011
§383.    Language and Literacy Development—Reading

                                      Standard: Engage in activities that promote the acquisition of emergent reading skills
   Louisiana K-4 Content Standards: ELA-2-E1, E2 & ELA-4-E1, E2, E5, E6, E7 ECERS-R Items: 15 Head Start Performance Standards: 1304.21(a)(4)(iii)
   and (a)(4)(iv) 1304.21(c)(1)(ii)
           Indicator                     Grade-level Expectation                                                Examples
   PK-LL-R1         Actively 14. Use simple reasoning skills, including        Listen with interest to a story read or told by an adult or another child
   engage      in    reading identifying reality and fantasy in texts read     Track along and verbalize as teacher points to individual words in shared
   experiences                  aloud                                              reading (e.g. big books, songs, poems, or recipes)
                                27. Actively participate in role-playing,      Retell familiar stories
                                creative dramatics, finger plays, nursery      Complete phrases about familiar stories
                                rhymes and choral speaking                     Ask questions about the illustrations in a book or about details in a story
                                                                                   just heard
                                                                               Choose and look at books independently
                                                                               Act out familiar stories with props


   PK-LL-R2          Retell   11. Orally express            thoughts about         Use words or pictures to begin to retell some story events in sequence
   information from a story   characters or events in a story                      Dramatize familiar stories, such as Caps for Sale or Brown Bear, Brown
                              12. Demonstrate understanding of texts                Bear
                              read aloud using a variety of strategies,            Relate the main thought of a story read several days before
                              including:                                           Stage a puppet show based on a story read or told to the group
                                    Sequencing two or three pictures to
                              illustrate events in a story
                                    Participating in a group discussion to
                              predict what a book will be about
                              determining whether the prediction was
                              accurate
                              13. Identify problems and solutions in
                              stories that are read aloud
                              14. Use simple reasoning skills, including
                              determining why something happens in a
                              story read aloud
                              25. Retell part of a favorite story
   PK-LL-R3 Demonstrate       5. Demonstrate understanding of book                 Recognize and begin writing own name, demonstrating that letters are
   an understanding of        and print concepts by doing the following:            grouped to form words
   print   concepts   and               Recognizing that a book has a             Pretend to read by pointing with a finger while reciting text
   beginning    alphabetic               cover and identifying the cover           Look at books appropriately, turning one page at a time, left to right over
   knowledge                             and title of a book                        text, going from top to bottom, front to back of book
                                        Holding a book right side up              Recognize familiar logos, such as McDonald‘s or Wal-Mart
                                        Differentiating      between    an        Recognize book by cover
                                         illustration and printed text
                                        Recognizing that print is read
                                         left-to-right and top-to-bottom

   PK-LL-R4          Use      6. Relate pictures to characters                     Use illustrations to predict printed text, such as saying ―And the wolf
   emerging reading skills    9. Answer simple questions about a story              blew down the pig‘s house‖
   to make meaning from       read aloud                                           Make predictions about print content by using prior knowledge, pictures,
   print                                                                            text heard, and story structure skills




    PK-LL-S –Prekindergarten – Language and Literacy Development – Speaking


  AUTHORITY NOTE: Promulgated in accordance with R.S.
17:6.A(10).
  HISTORICAL NOTE: Promulgated by the Board of
Elementary and Secondary Education, LR 37:537 (February 2011).




                                                                              537                    Louisiana Register Vol. 37, No. 02 February 20, 2011
§385.     Language and Literacy Development—Writing

                                       Standard: Engage in activities that promote the acquisition of emergent writing skills
    Louisiana K-4 Content Standards: ELA-1-E5; ELA-2-E1, E2, E6; & ELA-3-E1 ECERS-R Items: 16 & 19 Head Start Performance Standards:
    1304.21(a)(4)(iii) and (a)(4)(iv) 1304.21(c)(1)(ii)
                       Indicator                                Grade-level Expectation                                    Examples
    PK-LL-W1 Experiment with a variety of 15. Use scribble writing, letter-like                      Draw or write using pencils, crayons, chalk, markers,
    writing tools, materials, and surfaces              forms, dictation, or drawing to represent a     rubber stamps, and computers
                                                        word or concept                              Draw or write using materials, such as brushes and
                                                                                                        water, feathers, roll-on bottles, shaving cream, and
                                                                                                        zip-lock bags filled with hair gel or paint
                                                                                                     Draw or write on paper, cardboard, chalkboard, dry
                                                                                                        erase boards, wood, and concrete

    PK-LL-W2 Use forms of shapes and letter-        15. Use scribble writing, letter-like             Use scribble writing and letter-like forms, especially
    like symbols to convey ideas                    forms, dictation, or drawing to represent a       those letters in their own name
                                                    word or concept                                  Begin to represent ideas and experiences through
                                                    17. Write informal notes, lists, and              drawing and early stages of writing, such as ―I ms u‖
                                                    letters using scribble writing and/or            Attempt to connect the sounds in words with their
                                                    pictures                                          written letter forms
                                                    19. Scribble write or draw a picture of a
                                                    life experience or response to a text read
                                                    aloud
                                                    20. Demonstrate                    consistent
                                                    top-to-bottom formation for letters or
                                                    letter-like forms
    PK-LL-W3 Participate in a variety of writing    15. Use scribble writing, letter-like               Use a variety of writing utensils and props to
    activities focused on meaningful words and      forms, dictation, or drawing to represent a         encourage writing in different centers, such as
    print in the environment                        word or concept                                      o Journals, sign-in sheets, name cards, cards with
                                                    16. Orally generate words, ideas, and                     words and pictures in the writing center
                                                    lists for group writing activities                    o Counter checks, grocery store advertisements
                                                    17. Write informal notes, lists, and                      with paper to make grocery list in the dramatic
                                                    letters using scribble writing and/or                     play center
                                                    pictures                                              o Materials to make books, cards, or write
                                                    18. Participate in group-shared writing                   messages in the art center
                                                    activities that include rhyming and                   o Paper, tape, dowels, and play dough to make
                                                    descriptive words                                         signs or enhance structures in the block center
                                                                                                        Paper or blank books to record observations of
                                                                                                        animals or results of experiments in the science center
    PK-LL-W4 Demonstrate an interest in using       17. Write informal notes, lists, and                Pretend to write a prescription while playing clinic
    writing for a purpose                           letters using scribble writing and/or               Scribble writes next to picture
                                                    pictures                                            Tell teacher, ―Write it down so everyone can read it.‖
                                                    18. Participate in group-shared writing             Ask teacher, ―How do I write Happy Birthday?‖
                                                    activities that include rhyming and                 Write own name on a drawing for a friend
                                                    descriptive words                                   Make deliberate letter choices during writing
                                                    19. Scribble write or draw a picture of a           attempts
                                                    life experience or response to a text read
                                                                                                        Draw a representation of a school bus with a flat and
                                                    aloud                                               explains picture. Make a book from the paper and
                                                                                                        write the school bus story using scribbles, letter-like
                                                                                                        symbols or letters to retell the school bus incident.
                                                                                                        Create a recipe for a favorite snack
                                                                                                        Compose notes/invitations to family/friends
    *PK-LL-W –Prekindergarten – Language and Literacy Development ― Writing


  AUTHORITY NOTE: Promulgated in accordance with R.S.                                  levels of distress, disruptive behavior, and future substance
17:6.A(10).                                                                            abuse. 1 Prekindergarten children need proper guidance to
  HISTORICAL NOTE: Promulgated by the Board of                                         develop the ability to negotiate issues that occur, to take
Elementary and Secondary Education, LR 37:538 (February 2011).                         turns, to lead and follow, and to be a friend. They also need
Subchapter H. Social and Emotional                                                     to learn how to manage and express their feelings in a
§387. Social and Emotional Development                                                 socially acceptable manner.
   A. This domain supports the social and emotional                                       B. Effective prekindergarten programs:
development of children. The standards in this domain                                       1. offer opportunities for appropriate social and
promote self-regulation, positive self-identity, self-reliance,                        emotional development in a safe and supportive climate that
respect for others, and interpersonal relationships. These                             minimizes stress and conflict;
skills are essential because the foundations of social                                      2. introduce concepts and model techniques that
competence developed during the first five years of life are                           promote positive identity and social interactions;
linked to emotional well-being and affect later ability and                                 3. provide consistency and predictability in daily
functionality to adapt in school and form successful                                   routines, environment, and staff;
relationships. Strong social and emotional development                                      4. integrate social and emotional development into all
programming significantly raises test scores and lowers                                curriculum areas.
                                                                              538                   Louisiana Register Vol. 37, No. 02 February 20, 2011
   C. Strategies to support an inclusive learning                                         NOTE: To facilitate the inclusion of all children, including
                                                                                          those with varying abilities, IEPs, and/or English Language
environment:
                                                                                          Learners, some sample accommodations are embedded within
     1. create an environment that encourages participation                               the examples provided for the indicators. Please see Appendix
based upon interest, ability, language, and culture;                                      A and Appendix B for further information and suggested
     2. plan opportunities for social interactions with all                               modifications and/or accommodations.
peers;                                                                                AUTHORITY NOTE: Promulgated in accordance with R.S.
     3. prepare children for transitions that occur within the                      17:6.A(10).
                                                                                      HISTORICAL NOTE: Promulgated by the Board of
daily routine;                                                                      Elementary and Secondary Education, LR 37:538 (February 2011).
     4. model and reinforce respect for individual
differences.

§389.    Social and Emotional Development—Self-Regulation

                     Standard: Develop self-regulation by increasing one’s ability to control actions, thinking processes, and emotions
  Head Start Performance Standards: 1304.21(a)(3); (c)(1)(iv); and (c)(1)(vi) ECERS-R Items: 29, 31, and 33 Kindergarten Health Standards: 1-E-2; 4-E-1; 4-
  E-2 Kindergarten P.E. Standards: 5-P-1 and 5-P-2
                  Indicator                            Grade-level Expectation                                          Examples
  NOTE: PreK Indicators do not apply to 1. Follow rules and routines and adapt                Follow simple rules, such as walking in the hallway,
  this Standard                                to changes in rules and routines                   keeping hands and feet to oneself, and speaking nicely to
                                                                                                  others
                                                                                              Separate easily from parents/caregivers upon arrival and
                                                                                                  departure
                                                                                              Manage daily routines appropriately (e.g., participate in
                                                                                                  snack time, nap or other routine activities) without much
                                                                                                  delay or protest
                                                                                              Manage daily transitions by moving from one activity to
                                                                                                  another without much delay or protest
                                                                                              Can change routine and adapt when daily activities are
                                                                                                  interrupted unexpectedly
                                               2. Express feelings, needs, and wants in         Identify common emotions (such as happy, sad, mad)
                                               a manner that is age appropriate to the           using any form of communication, such as verbal
                                               situation                                         communication, gestures, motions, signs, communication
                                                                                                 devices, or various languages
                                                                                                Use words or other modes of communication to express
                                                                                                 anger, instead of a negative physical behavior, such as
                                                                                                 hitting, biting, etc.
                                                                                                Communicate with appropriate body language and facial
                                                                                                 expressions (e.g., smile or raise hand upon completion of a
                                                                                                 task)
                                               3. Demonstrate control over impulsive            Pay attention as required by a task
                                               behaviors in various settings                    Wait for turn to touch class pet
                                                                                                Follow the teacher‘s instructions not to touch a knife
                                                                                                 during a cooking activity


  AUTHORITY NOTE: Promulgated in accordance with R.S.                                 HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                         Elementary and Secondary Education, LR 37:539 (February 2011).

§391.    Social and Emotional Development—Self-Identity

                                Standard: Develop positive self-identity by valuing oneself and feeling a sense of belonging
  Head Start Performance Standards: 1304.21(a)(3); (c)(1)(iv); & (c)(1)(vi) Kindergarten Health Standards: 1-E-2 and 2-E-1 Kindergarten P.E. Standards: 7-
  P-1; 7-P-2; and 7-P-3
              Indicator                  Grade-level Expectation                                               Examples
  NOTE: PreK Indicators do not 1. Recognize oneself as having  Share personal information, such as name, gender, eye color
  apply to this Standard             unique      characteristics      and  Communicate awareness and acceptance of individual differences between
                                     preferences                                children by commenting, ―Michael uses a hearing aid, but I don‘t‖ or
                                                                                ―Tommy says things differently than I do‖
                                                                              Indicate favorite books, foods, or songs

                                      2. Recognize       and     express     Create drawings, stories, and songs to illustrate emotions (e.g., If you‘re sad
                                      feelings                                 and you know it…)
                                                                             Talk about or act in ways to express emotions without harming self, others,
                                                                               or property (e.g., dancing or exercising until out of breath, relaxing in a
                                                                               cozy area)
                                                                             Stand up for own rights (e.g. ―I don‘t like it when you take my ball‖ if toy is
                                                                               taken away or ―I am supposed to be the leader today‖ if another child
                                                                               pushes to the front of the line)
                                                                             Participate in discussions of a character from a story


                                                                            539                   Louisiana Register Vol. 37, No. 02 February 20, 2011
                                Standard: Develop positive self-identity by valuing oneself and feeling a sense of belonging
  Head Start Performance Standards: 1304.21(a)(3); (c)(1)(iv); & (c)(1)(vi) Kindergarten Health Standards: 1-E-2 and 2-E-1 Kindergarten P.E. Standards: 7-
  P-1; 7-P-2; and 7-P-3
              Indicator                  Grade-level Expectation                                                 Examples
                                     3. Discuss his/her own family            Identify members of his/her family and their roles in the family
                                                                              Tell stories, draw pictures, or verbally describe family practices, such as ―My
                                                                                  family eats rice with every meal‖
                                                                              Tell the class that his/her family uses the word ―casa‖ instead of ―house‖
                                                                              Talk about family experiences, such as weekend activities or trips




                                      4. Demonstrate confidence in               Say, ―Watch me! I can do it by myself!‖
                                      range of abilities and express pride       Ask a friend or adult to look at what he/she has painted
                                      in accomplishments                         Use home language to label objects in the classroom for peers
                                      5. Attempt new experiences                 Move away from adults to play alone or with peers, checking back as
                                                                                    needed
                                                                                 Investigate new materials without teacher prompting
                                                                                 Initiate play with a new classmate
                                                                                 Try a new outdoor game



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                  HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                          Elementary and Secondary Education, LR 37:539 (February 2011).


§393.    Social and Emotional Development—Self-Reliance

                                    Standard: Develop self-reliance by demonstrating independence and self-help skills
  Head Start Performance Standards: 1304.21(a)(3); (c)(1)(iv); & (c)(1)(vi) Kindergarten Health Standards: 1-E-3 Kindergarten P.E. Standards: 5-P-2; & 5-P-4
                Indicator                     Grade-level Expectation                                              Examples
  NOTE: PreK Indicators do not 1. Develop independence during                      Self select a center to play in using words, picture cues, home language,
  apply to this Standard                activities, routines, and play               sign, gestures
                                                                                   Upon arrival, place items in cubbies, wash hands independently, and
                                                                                     dry hands
                                                                                   Put on a jacket without help
                                         2. Choose activities and use               Choose puzzle, use puzzle, and put puzzle back on shelf
                                         materials           appropriately,         Choose a center, play in that center, clean up and move to another
                                         purposefully, respectfully,   and           center
                                         safely                                     Put tapes/CDs in player to listen to music
                                                                                    Use markers, crayons, scissors, and paint only on paper or other
                                                                                     appropriate materials
                                         3. Show increasing competence in           Brush his/her own teeth
                                         a wide range of self-care activities       Indicate to an adult when he/she has to go to the bathroom
                                                                                    When cold, get his/her own coat and put it on independently
                                         4. Seek guidance from peers and            Ask an adult before touching something that might not be safe
                                         adults when needed                         Seek assistance when having trouble putting on shoes
                                                                                    Seek assistance when dealing with a difficult conflict


  AUTHORITY NOTE: Promulgated in accordance with R.S.                                  HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                          Elementary and Secondary Education, LR 37:539 (February 2011).




                                                                             540                    Louisiana Register Vol. 37, No. 02 February 20, 2011
§395.    Social and Emotional Development—Respect for Others

                                               Standard: Develop a respect for and understanding of others
  Head Start Performance Standards: 1304.21(a)(3); (c)(1)(iv); and (c)(1)(vi) ECERS: 28 Kindergarten P.E. Standards: 6-P-1; 6-P-2; & 6-P-3
                  Indicator                            Grade-level Expectation                                         Examples
  NOTE: PreK Indicators do not apply to 1. Recognize and respect the feelings,                Laugh or smile when others are happy
  this Standard                               needs, and rights of others                     Indicate that another child is sad because her
                                                                                               parent/caregiver left
                                                                                              Bring a truck book to someone who loves trucks
                                                                                              Be respectful of another‘s personal space and belongings
                                                                                              Be respectful of others‘ cultures, languages, customs,
                                                                                               appearances, and needs
                                               2. Demonstrate growing understanding           With encouragement from an adult, give a pat, friendly
                                               of how one‘s actions affect others                word, or toy to a peer to whom he/she has caused distress
                                                                                              Begin to recognize the feelings reflected by others‘ facial
                                                                                                 expressions
                                                                                              Invite another child to play when other children have
                                                                                                 rejected that child
                                               3. Demonstrate awareness of           and      Show interest in how people in different cultures live
                                               respect for uniqueness of others               Participate in various cultural activities (e.g. stories,
                                                                                                 cooking, songs)
                                                                                              Interact appropriately with others different from oneself
                                                                                              Accept peers with different abilities



  AUTHORITY NOTE: Promulgated in accordance with R.S.                                 HISTORICAL NOTE: Promulgated by the Board of
17:6.A(10).                                                                         Elementary and Secondary Education, LR 37:541 (February 2011).


§395.    Social and Emotional Development—Interpersonal Skills

                                           Standard: Develop interpersonal skills that foster positive relationships

  Head Start Performance Standards: 1304.21(a)(3); (c)(1)(iv); & (c)(1)(vi) ECERS-R: 31, 32, & 33 Kindergarten P.E. Standards: 5-P-2; 5-P-3; 5-P-4; & 6-P-2
                Indicator                              Grade-level Expectation                                         Examples
  NOTE: PreK Indicators do not apply to       1. Play cooperatively with peers for a            Take turns
  this Standard                               sustained time                                    Successfully enter a group
                                                                                                Participate successfully in group activities
                                                                                                Work with others to complete a task, such as building a
                                                                                                 block tower
                                              2. Build conflict resolution skills               Move from physical to verbal responses in conflicts with
                                                                                                 other children
                                                                                                Engage another child in a conversation about a toy he/she
                                                                                                 wants
                                                                                                Trade one toy for another
                                                                                                Seek assistance from the teacher for help when dealing
                                                                                                 with others who are less able to resolve a conflict
                                              3. Develop and maintain positive                  Tells someone, ―Mary is my friend‖
                                              relationships with peers and adults               Share a book with a friend
                                                                                                Give teacher a hug or a smile
                                                                                                Separate from parents to greet teacher
                                                                                                Demonstrate happiness when reunited with parents at the
                                                                                                 end of the day




                                                                            541                   Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                              Data Analysis
17:6.A(10).                                                                        PK-CM-D1       Sort and classify materials by one or more characteristics
  HISTORICAL NOTE: Promulgated by the Board of                                     PK-CM-D2       Collect and organize data about themselves, their
Elementary and Secondary Education, LR 37:541 (February 2011).                                    surroundings, and meaningful experiences
Chapter 5. Pre-K Standards at a Glance                                             PK-CM-D3       Interpret simple representations in data
§501. Approaches to Learning                                                       Patterns and Relationships
                                                                                   PK-CM-P1       Recognize patterns in the physical world
                                                                                   PK-CM-P2       Describe, copy, extend, create patterns and make
                    Reasoning and Problem-Solving                                                 predictions about patterns
GLE 1          Demonstrate an intrinsic motivation to learn by                     PK-CM-P3       Seriate objects
               displaying interest in real world experiences
GLE 2          Demonstrate the ability to think systematically and use               AUTHORITY NOTE: Promulgated in accordance with R.S.
               reasoning skills                                                    17:6.A(10).
GLE 3          Use a variety of strategies to investigate possible                   HISTORICAL NOTE: Promulgated by the Board of
               solutions when problem-solving                                      Elementary and Secondary Education, LR 37:542 (February 2011).
GLE 4          Approach tasks and experiences with flexibility,
               imagination, and inventiveness to create new ideas
                                                                                   §505.      Cognitive Development—Science
               outside of his/her own experience
                                                                                                                  Science as Inquiry
GLE 5          Discuss ideas and experiences with others, utilizing any            PK-CS-I1      Use prior knowledge and experiences to hypothesize, predict,
               form of communication                                                             generate questions, and draw conclusions about organisms
GLE 6          Reflect on investigations and their results by making                             and events in the environment
               observations and possibly forming new ideas                         PK-CS-I2      Conduct simple scientific experiments
              Initiative, Engagement, and Persistence                              PK-CS-I3      Make observations using senses
GLE 1          Show curiosity and interest in learning new things and              PK-CS-I4      Employ equipment and tools to gather data and extend
               trying new experiences                                                            sensory observations
GLE 2          Demonstrate initiative and independence in selecting and            PK-CS-I5      Collect, interpret, communicate data and findings from
               carrying out activities                                                           observation and experiments in oral and written format
GLE 3          Maintain attention in child-initiated and teacher-initiated         PK-CS-I6      Use appropriate scientific vocabulary related to topics
               activities for short periods of time, despite distractions
                                                                                   Physical Science
               and interruptions
                                                                                   PK-CS-P1      Begin investigating states of matter: solids, liquids, and gases
GLE 4          Demonstrate an increasing ability to plan and work
               towards completion of tasks and activities, even when               PK-CS-P2      Describe objects by their physical properties
               faced with frustration because the task or activity is              PK-CS-P3      Explore the physical world using five senses
               difficult                                                           PK-CS-P4      Explore simple machines, magnets, and sources of energy
                  Curiosity and Eagerness to Learn                                 Life Science
GLE 1          Make choices about play activities, materials, and                  PK-CS-L1      Explore, observe, and describe a variety of living things
               playmates/companions                                                PK-CS-L2      Explore, observe, describe, and participate in a variety of
GLE 2          Engage in unfamiliar activities during play                                       non-living things
                                                                                   PK-CS-L3      Explore, observe, describe, and participate in a variety of
GLE 3         Use prior knowledge and experiences to learn new skills                            activities related to preserving their environment
              during play                                                          PK-CS-L4      Begin to develop an awareness and understanding of plant
GLE 4         Use manipulatives and other hands-on materials to learn                            and animal life cycles and how the life cycles vary for
              concepts and skills related to core content areas                                  different reasons
GLE 5         Describe play experiences using English or another                                             Earth and Space Science
              language or another mode of communication                            PK-CS-ES1 Investigate, compare, and contrast seasonal changes in their
                                                                                                  immediate environment
                                                                                   PK-CS-ES2 Discover through observation that weather can change from
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                             day to day
17:6.A(10).                                                                        PK-CS-ES3 Use vocabulary to describe major features of the earth and
  HISTORICAL NOTE: Promulgated by the Board of                                                    sky
Elementary and Secondary Education, LR 37:542 (February 2011).
§503.    Cognitive Development—Mathematics                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                                   17:6.A(10).
                   Number and Number Relations
PK-CM-N1      Compare numbers of objects                                             HISTORICAL NOTE: Promulgated by the Board of
PK-CM-N2      Perform one-to-one correspondence                                    Elementary and Secondary Education, LR 29:2341 (November
PK-CM-N3      Count by rote                                                        2003), LR 37:542 (February 2011).
PK-CM-N4      Begin to count objects                                               §507.      Cognitive Development—Social Studies
PK-CM-N5      Begin to recognize numerals
PK-CM-N6      Begin to demonstrate estimation skills
                                                                                                                     Geography
Measurement                                                                        PK-CSS-G1         Include representations of roads, bodies of water, and
PK-CM-M1      Experience, compare, and use language relating to time                                 buildings in their play
PK-CM-M2      Anticipate, remember, and describe sequences of events               PK-CSS-G2         Use words to indicate directionality, position, and size
PK-CM-M3      Use mathematical language to describe experiences
              involving measurement                                                PK-CSS-G3         Develop awareness of the world around them
PK-CM-M4      Measure objects in the physical world using non-standard                                                 Civics
              units of measurement                                                 PK-CSS-C1         Recognize community workers and increase awareness of
Geometry                                                                                             their jobs
PK-CM-G1      Recognize, name, describe, compare, and create basic                 PK-CSS-C2         Identify his/her role as a member of family/class
              shapes                                                                                                Economics
PK-CM-G2      Identify shapes to describe physical world                           PK-CSS-E1         Demonstrate an awareness of money being used to
PK-CM-G3      Describe and interpret spatial sense: positions, directions,                           purchase items
              distances, and order                                                                                    History
                                                                                   PK-CSS-H1         Use words to describe time (yesterday, today, tomorrow)
                                                                             542                  Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                            PK-LL-L3            Hear and discriminate the sounds of language
17:6.A(10).                                                                                          in the environment to develop beginning
  HISTORICAL NOTE: Promulgated by the Board of                                                       phonological awareness
Elementary and Secondary Education, LR 29:0000 (November                         PK-LL-L4            Demonstrate understanding of new vocabulary
2003), LR 37:542 (February 2011).                                                                    introduced in conversations, activities, stories
                                                                                                     or books
§509.   Creative Arts Development                                                PK-LL-L5            Engage in activities that offer the opportunity
                                                                                                     to develop skills associated with technology by
                                 Music                                                               viewing, comprehending, and using non-
GLE 1        Respond to variations in music – pitch, volume, tempo,                                  textual information
             beat, rhythm, or patterns                                                                        Speaking
GLE 2        Express thoughts and feelings in response to a variety of           PK-LL-S1            Develop and expand expressive language skills
             diverse types of music
GLE 3        Make music                                                          PK-LL-S2            Use new vocabulary in spontaneous speech
                            Movement
                                                                                 PK-LL-S3            Develop appropriate listening skills
GLE 1        Observe or participate in various forms of movement
GLE 2        Show creativity through movement                                                                Reading
                            Visual Arts                                          PK-LL-R1            Actively engage in reading experiences
GLE 1        Observe and/or describe various forms of art
GLE 2        Create individual and/or group art                                  PK-LL-R2            Retell information from a story
                           Dramatic Art
GLE 1        Experience and respond to a variety of dramatic                     PK-LL-R3            Demonstrate an understanding of print
             performances (puppetry, story-telling, dance, plays,                                    concepts and beginning alphabetic knowledge
             pantomime, theater)                                                 PK-LL-R4            Use emerging reading skills to make meaning
GLE 2        Role play or use puppets to express feelings, dramatize                                 from print
             stories, mimic social behaviors observed in adults, re-                                          Writing
             enact real-life roles and experiences                               PK-LL-W1            Experiment with a variety of writing tools,
GLE 3        Participate in activities using symbolic materials and                                  materials, and surfaces
             gestures to represent real objects and situations                   PK-LL-W2            Use forms of shapes and letter-like symbols to
                                                                                                     convey ideas
  AUTHORITY NOTE: Promulgated in accordance with R.S.                            PK-LL-W3            Participate in a variety of writing activities
17:6.A(10).                                                                                          focused on meaningful words and print in the
                                                                                                     environment
  HISTORICAL NOTE: Promulgated by the Board of
                                                                                 PK-LL-W4            Demonstrate an interest in using writing for a
Elementary and Secondary Education, LR 29:2340 (November                                             purpose
2003), LR 37:543 (February 2011).
§511.   Health and Physical Development
                                                                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                               17:6.A(10).
                      Health and Hygiene                                         HISTORICAL NOTE: Promulgated by the Board of
GLE 1        Demonstrate an awareness of healthy practices                     Elementary and Secondary Education, LR 29:2341 (November
                                                                               2003), LR 37:543 (February 2011).
GLE 2        Exhibit good hygiene and self-help skills
                                                                               §515.     Social and Emotional Development
                     Environmental Hazards
GLE 1        Identify potentially harmful objects, substances, or                                           Self-Regulation
             behaviors, and/or situations                                        GLE 1           Follow rules and routines and adapt to changes in
GLE 2        Be aware of and follow universal safety rules                                       rules and routines
                          Gross Motor                                            GLE 2           Express feelings, needs, and wants in a manner that
GLE 1        Develop coordination, balance and spatial awareness                                 is age appropriate to the situation
                                                                                 GLE 3           Demonstrate control over impulsive behaviors in
GLE 2        Coordinate movements to perform tasks and try new                                   various settings
             skills indoors and/or outdoors                                                                 Self-Identity
                            Fine Motor                                           GLE 1           Recognize oneself as having unique characteristics
GLE 1        Strengthen and control small muscles in hands                                       and preferences
                                                                                 GLE 2           Recognize and express feelings
GLE 2        Exhibit manual coordination
                                                                                 GLE 3           Discuss his/her own family
GLE 3        Participate in eye-hand coordination activities and
             develop spatial awareness                                           GLE 4           Demonstrate confidence in range of abilities and
                                                                                                 express pride in accomplishments
  AUTHORITY NOTE: Promulgated in accordance with R.S.                            GLE 5           Attempt new experiences
17:6.A(10).
  HISTORICAL NOTE: Promulgated by the Board of                                                              Self-Reliance
Elementary and Secondary Education, LR 29:2341 (November                         GLE 1           Develop independence during activities, routines,
                                                                                                 and play
2003), LR 37:543 (February 2011).
                                                                                 GLE 2           Choose activities and use materials appropriately,
§513.   Language and Literacy Development                                                        purposefully, respectfully, and safely
                                                                                 GLE 3           Show increasing competence in a wide range of
                             Listening                                                           self-care activities
  PK-LL-L1          Listen with understanding to directions and                  GLE 4           Seek guidance from peers and adults when needed
                    conversations
  PK-LL-L2          Follow directions that involve two- or three-                                        Respect for Others
                    step sequence of actions                                     GLE 1           Recognize and respect the feelings, needs, and
                                                                                                 rights of others

                                                                         543                Louisiana Register Vol. 37, No. 02 February 20, 2011
   GLE 2          Demonstrate growing understanding of how one‘s             used to evaluate classroom environment as well as
                  actions affect others                                      programmatic and interpersonal features that directly affect
   GLE 3          Demonstrate awareness of and respect for                   children and adults in the early childhood setting. The seven
                  uniqueness of others
                         Interpersonal Skills
                                                                             sub-scales of the ECERS-R include: Space and Furnishings,
   GLE 1          Play cooperatively with peers for a sustained time         Personal Care Routines, Language-Reasoning, Activities,
                                                                             Interactions, Program Structure, and Parents and Staff.
   GLE 2          Build conflict resolution skills                              Emerging Skills―skills or abilities, which are not shown
   GLE 3          Develop and maintain positive relationships with           as being mastered but are present in a modified or limited
                  peers and adults                                           form. Attention to emerging skills allows teachers to assess
                                                                             the developmental process and progress of students.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                        Additionally, a focus on emerging skills is important in the
17:6.A(10).                                                                  planning of the environment and activities to facilitate
  HISTORICAL NOTE: Promulgated by the Board of                               development of skills.
Elementary and Secondary Education, LR 37:543 (February 2011).                  Examples―tips on how to structure the curriculum and
Chapter 7.        Glossary of Terms                                          environment to assist a child's optimal performance.
§701. Glossary of Terms                                                         Free Play―see Child-Initiated Activity.
   Accommodations―changes in the curricular material and                        Grapheme―the smallest part of written language that
experiences to accommodate a child's particular needs.                       represents a phoneme in the spelling of a word.
Adaptations are not intended to alter the difficulty of the                     Grade-level Expectation--specifies what most preschool
skill or area of development addressed. Such adaptations                     children should be able to know and be able to do by the end
may enable children with disabilities to have experiences                    of their preschool experience.
similar to those of their peers.                                                Head Start Performance Standards―these standards used
   Child Initiated Activity―children are able to select their                in Head Start Programs are based on sound child
own centers, activities, materials, and companions, and are                  development principles about how children grow and learn.
able to manage their own play independently. There is adult                  The varied experiences provided by the program support the
interaction in response to the children's developmental                      continuum of children's growth and development in all
needs, as well as to introduce and reinforce concepts. This is               domains.
also known as free play. (Note: When children are assigned                      Indicators―define a Standard more specifically so that it
to centers by staff or the staff selects the activities, materials,          can be measured. Each indicator is coded by domain, or
etc., for the children, this is not considered a child-initiated             content area and strand. For example, PK-CM-N1 means
or free play activity.)                                                      PreKindergarten-Cognitive Math-Number 1.
   Concrete Hands-On Learning Experiences―learning                              Interest Center―an area in the classroom used during free
experiences that emphasize choice, free exploration,                         play/ child-initiated activities. In each area, the materials are
interaction, and authenticity within a relevant and                          organized by type and are stored so that they are accessible
meaningful context. Such experiences emphasize the                           to the children, shelves have picture/word labels, and the
development of children's thinking, reasoning, decision-                     area is appropriately furnished. Interest centers can also be
making and problem-solving abilities. Curriculum areas and                   established outdoors.
skills are integrated in the context of the learning activities                 Louisiana Literacy Profile―provides teachers of children
and experiences as opposed to being taught in isolation.                     in grades K-3 with the means of observing and recording
   Content Standards―describes the broad outcomes that                       progress in a continuum of growth that is based on literacy
children should achieve through a high-quality preschool                     behaviors. It informs instruction and promotes development
experience. Each Content Standard is aligned with the                        of literacy behaviors.
Louisiana K-4 Content Standards and other relevant state                        Manipulatives―materials that allow children to explore,
and national standards.                                                      experiment, and interact by using their hands or by
   Developmental Profile―specifies what most preschool                       mechanical means. These learning materials promote
children should be able to know and be able to do by the end                 dexterity and eye-hand coordination while promoting
of their preschool experiences.                                              problem-solving and higher levels of critical thinking. Such
   Developmentally Appropriate Practice―quality care and                     items include, but are not limited to, beads and laces,
education of young children based on:                                        puzzles, small blocks, playdough, lacing cards, and items
     1. knowledge of how children develop and learn. This                    that can be snapped, zipped or hooked together to name a
includes information about ages and stages of development                    few.
as well as what materials, activities and interactions are                      Modifications―limiting, restricting, or altering materials,
important for each;                                                          the environment or experiences without fundamentally
     2. knowledge of the individual child, including                         changing the outcome or use of such. Modifications may
disabilities; and                                                            enable children who are experiencing difficulty with a
     3. knowledge about the social, cultural and familial                    particular skill or an area of development to successfully
cultural context in which children are growing up.                           achieve competence in these areas. Examples of
   Domain―describe the aspect of development for each                        modifications include offering a variety of levels of puzzles
standard. content areas are specified for each domain.                       such as interlocking and pegged puzzles.
   Early Childhood Environment Rating Scale-Revised                             Multisensory Experiences―experiences that allow
(ECERS-R)―a reliable and valid research based program                        children to respond to physical stimuli relating to more than
quality assessment instrument. This scale is designed for use                one of the five senses. Included in these types of experiences
in classrooms serving children 2 1/2 to 5 years of age. It is
                                                                       544               Louisiana Register Vol. 37, No. 02 February 20, 2011
would be cooking activities where the senses of sight, smell,           to textual information through books, stories, field trips,
taste, touch and hearing would all be involved.                         notes, labels, signs, chants, etc., and should be part of the
   National Association for the Education of Young Children             emergent-literacy environment of all preschool classrooms.
(NAEYC)―This national organization provides policy and                     Props―materials used throughout the classroom to extend
research information on the growth and development of                   learning in any one of the interest areas or centers. Props
children from birth to age eight.                                       added to an interest center are generally placed in the area in
   Non-Standard Units of Measurement―methods of                         addition to standards items. Examples of props include:
measurement that do not include traditional means such as               puppets that correlate with stories in the library center or
rulers, scales, clocks, etc. Non-standard units of                      phone books and recipe cards in the dramatic play center.
measurement allow children to explore and thus understand               Such props allow children to engage in activities in which
the concept of measurement without being tied to exact                  they can interact with other children, share and take turns,
numerical data. Items such as pieces of string, rows of                 role-play and exercise their imaginations. Additionally,
blocks or pencils may serve as non-standard units to measure            props added to interest centers help children accept
length; balances may help promote understanding of varying              responsibility for clean-up, break barriers for sex/culture
weights, and picture-graphs of daily routines allow children            stereotyping, and deal with age/stage personal relations.
to understand the concept of time and passage of time.                     Rime―the part of a syllable that contains the vowel and
   Non-Textual Information―information expressed through                all that follows it (the rime of bag is –ag; of swim, -im).
the use of pictures, symbols or icons. Such information may                Self-Help Tasks or Skills―these skills or tasks comprise a
be used by children to process information and to create                large portion of a young child's daily living tasks and are
mental images symbolic of real-world situations without the             important in all areas of development. These skills include
use of written text.                                                    toileting, serving and eating meals and snacks, cleaning up
   Onset―this is a part of spoken language that is smaller              their environment and grooming and dressing.
than a syllable but larger than a phoneme. It is the initial               Spatial Sense or Spatial Awareness―the sense of
consonant sound of a syllable (The onset of bag is b-; of               orienting to one's environment. A child has sense of
swim, sw-).                                                             awareness in terms of directionality, as well as his/her
   Open-Ended Questioning―questioning that promotes a                   relationship to self, the environment, and others in that
child's development, as opposed to mere information                     environment.
gathering. This method of questioning is used to motivate                  Standard―The broad outcomes that children should
children to learn, inquire about and discover their world.              achieve through a high quality preschool experience.
Open-ended questioning prompts students to think about                     Strand―defines each content area or domain more
their responses and requires a more in-depth level of critical          specifically.
thinking in order to respond. These questions help the                     Substantial Portion of the Day―free play/child-initiated
student to recognize a problem, analyze contributing factors            activities are available to the children at least one third or 35
and to consider a choice of optimal solutions. Open-ended               percent of the instructional day. For Eexample: During a 6
questions are characterized by the words "What if?",                    hour instructional day, these activities are available at least 2
"How?" , "What would happen if?", "Why do you think?",                  hours of the instructional day.
"Is there another way?" etc.                                               Syllable―a part of a word that contains a vowel or, in
   Phoneme―the smallest part of spoken language that                    spoken language, a vowel sound.
makes a difference in the meaning of words.                                Teacher-directed Activity―the activities and/or materials
   Phonemic Awareness―the ability to hear, identify, and                are chosen for the children by the teacher to engage in
manipulate the individual sounds (phonemes) in spoken                   educational interaction with small groups and individual
words. A child who possesses phonemic awareness can                     children, as well as with the whole group. (Examples: read a
segment sounds in words and blend strings of isolated                   story, cooking activity, or science activity.)
sounds together to form recognizable words.                               AUTHORITY NOTE: Promulgated in accordance with R.S.
   Phonological Awareness―a broad term that includes                    17:6.A(10).
phonemic awareness. In addition to phonemes, phonological                 HISTORICAL NOTE: Promulgated by the Board of
awareness activities can involve work with rhymes, words,               Elementary and Secondary Education, LR 37:544 (February 2011).
syllables, and other onsets and rimes.                                  Chapter 9.      Appendices
   Play-Based Environment―an interactive learning                       §901. Appendix A
environment in which play is the medium that children learn                A. Strategies to support children who are English
and make sense of their world. It provides a forum for                  Language Learners in program activities.
children to learn to deal with the world on a symbolic                       1. English Language Learners (ELL) are those
level—the foundation for all subsequent intellectual                    children who speak a language other than English at home.
development. In a play-based environment, children have the             Teachers can support the ELL students in their classes by
opportunity to gain a variety of social, emotional and                  providing a language-rich environment, by supporting the
physical skills. This type of environment is in contrast to the         social/emotional development of the students, and by having
environment where learning is compartmentalized into the                an understanding of the cultures of the ELL students. The
traditional content areas and children have little opportunity          ELL student who is learning a new language will progress
to actively explore, experiment and interact.                           through four developmental stages.
   Print Concepts―materials, activities, and props, etc. that                  a. Stage 1: Home Language—The children will use
prompt the ongoing process of becoming literate; that is,               their home language in the beginning because that is the
learning to read and write. Print concepts include exposure             only language they know. If there are several children in the

                                                                  545               Louisiana Register Vol. 37, No. 02 February 20, 2011
 class with the same home language, then they may continue                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
 to use it among themselves. Home language is important,                                 17:6.A(10).
 because research has shown that if ELL children continue to                               HISTORICAL NOTE: Promulgated by the Board of
 build on their home language while learning a new language,                             Elementary and Secondary Education, LR 37:545 (February 2011).
 the development of both languages is greatly enhanced.                                  §903. Appendix B
         b. Stage 2: Non-Verbal—Many ELL children will                                      A. Strategies for Including Children with Special Needs
 go through a ―silent‖ period, in which they will listen and                             in Program Activities
 observe more than they speak. These children will often use                                  1. There are many ways of adapting or modifying
 gestures to communicate with adults and the other children.                             activities for children with special needs, including those
 The children may also need more time when answering                                     with disabilities and those whose home language is other
 questions, in order to process the meaning of the question                              than English. It is important that every staff member
 and formulate an answer.                                                                consider the uniqueness of each child and that all children
         c. Stage 3: Emerging—The children will begin to                                 have different approaches, preferences and skill levels. The
 use one or two word responses to questions and will also                                following strategies, though not an exhaustive list, are
 begin to use expressions such as ―What‘s happening?‖ or                                 recommended practices for helping teachers meet the diverse
 ―Wanna play?‖ This is important because it helps the ELL                                needs of each of their students.
 children become more socially interactive with other
 children.                                                                                                   Cognitive Delays or Learning Challenges
         d. Stage 4: Productive—Young ELL children will                                         Reduce distractions (background noise, clutter, etc.); provide access to
                                                                                        areas that are quiet and offer relief from pressures of the environment
 begin to engage in English conversation and use more                                           Give clear instructions, repeat and demonstrate when necessary;
 spontaneous and productive sentences when speaking. There                              combine verbal, visual cues
 will still be pronunciation errors or an accent when saying                                    Use concrete materials/experiences; use modeling and demonstrations
 certain sounds. They will also have errors in vocabulary, but                                  Break down difficult tasks into smaller parts; make suggestions that
                                                                                        give cues or choices for next steps in an activity
 this is developmental and is common with all young learners
                                                                                                Establish routines without being rigid; post picture and word sequences
 of English.                                                                            of schedules and routines
       2. The following strategies, though not an exhaustive                                    Plan for and limit the number of transitions
 list, are recommended practices for helping teachers meet                                      Allow time for meaningful repetition and practice
 the needs of ELL children, as well as their families.                                          Provide encouragement and frequent feedback
                                                                                                Model appropriate use of materials, tools and activities in classroom
                                                                                                                      Hearing Impairments
                      What Teachers can do for the Children
                                                                                                Get children‘s attention and use visual cues
    Provide a warm, welcoming learning environment                                             Face children when possible, and use clear voice and facial
    Learn some phrases in the child‘s home language that you can use when              expressions
greeting the child or during daily activities                                                   Use objects or pictures to demonstrate what is being talked about
    Encourage children to play and interact with one another                                   Provide many opportunities for communication with adults and peers
    Provide environmental print in English and the home language                               Give feedback to be sure messages are understood
    Model language by labeling your actions and the child‘s actions                            Limit background noise and other auditory distractions
    Use visual cues or gestures when demonstrating a new skill or concept                      Use other forms of communication, such as gestures, printed words,
and repeat instructions more than once                                                  objects when needed
    Connect new concepts with familiar experiences                                             Learn about adaptive aids or communication systems children use;
    Provide books and songs within the classroom in the child‘s home                   learn basic signs to communicate and to model appropriate behaviors
language                                                                                        Sing along with tapes, CDs, etc. to encourage children to lip read
    At storytime, choose repetitive books or books with simpler language
                                                                                                         Orthopedic, Motor or other Health Challenges
    Establish and maintain daily routines and schedules
                                                                                                Adapt/modify materials, equipment, toys, etc. by stabilizing/enlarging
    Organize small group activities exclusively for your ELL children
                                                                                        them, adding handles or grips; use adapted battery or electric operated
    Provide props in dramatic play that represent the child‘s culture                  toys/materials
    Provide an English-speaking buddy or partner for the ELL child                             Ensure that environment accommodates wheelchairs, body boards, etc.;
    Provide a quiet space in the classroom where the children can use                  monitor pathways/floor space to promote accessibility and movement
manipulatives, puzzles, or playdough                                                            Keep classroom uncluttered; ensure easy access to shelves, cubbies,
                     What teachers can do for the families:                             sinks, etc.
    Understand the importance of the role you play and the impression you                      Learn about adaptive equipment; seek inexpensive solutions if adaptive
make on the family                                                                      equipment is not available (e.g., support child‘s feet, by using a telephone book
    Show interest in the child‘s family and culture                                    as a footrest, tray on walker to move toys)
    Gain information and knowledge about the child‘s community and                             Provide additional time for children to get to materials/activities
culture                                                                                         Use non-locomotor movement activities, such as moving arms, even
    Have an open door policy                                                           when feet are in place
    Use informal notes and phone calls to communicate with the family                                             Communication Challenges
(you may need to use an interpreter)                                                            Plan many experiences/opportunities that motivate children to give and
    Post information on a bulletin board for parents in or near the classroom          receive messages with adults and peers
and include a display of children‘s artwork or photos                                           Verbalize what children tell you with their actions; ask open-ended
    Develop family-friendly newsletters with pictures and photos                       questions
    Invite the families to the classroom to share their culture with the                       Add new information slowly and clearly; give only one verbal
children                                                                                direction at a time
    Organize family and community meetings and gatherings to learn more                        Provide language experiences with repetitive sounds, phrases,
about cultural values and beliefs                                                       sentences, rhymes, chants, etc.
    Consider home visits                                                                       Staff should be familiar with any AAC (augmentative and alternative
    Encourage families to continue the use of the native language at home              communication systems) used by children
    Consider the dietary, cultural and religious practices associated with the                 Repeat and expand on children‘s thinking; introduce concepts and add
culture of the family when planning events                                              new information slowly and clearly

                                                                                  546                   Louisiana Register Vol. 37, No. 02 February 20, 2011
         Support children‘s communication in other areas, such as writing or                 2. For incoming freshmen in 2010-2011 and beyond,
drawing                                                                                  students must meet the assessment requirements below to
                               Visual Impairments
                                                                                         earn a standard diploma.
     Evaluate the environment, including the lighting, to ensure that
pathways are unobstructed, furnishings are consistently located and materials                    a. Students must pass three end-of-course tests in
are positioned so children can see them clearly                                          the following categories:
     Describe and label demonstrations, objects or events that children                            i. English II or English III;
cannot readily see                                                                                 ii. Algebra I or Geometry;
     Give clear and specific directions, using children‘s names; provide
                                                                                                  iii. Biology or American History.
additional directional language when possible (near, forward, next to, etc.)
     Use pictures/books that are bold and uncluttered; try to use high-                         b. Students enrolled in a course for which there is
contrast colors (black and yellow or black and orange)                                   an EOC test must take the EOC test.
     Use auditory or tactile cues; plan activities to help children strengthen                     i. The EOC test score shall count a percentage of
all of their senses                                                                      the student‘s final grade for the course.
     Use large, clear, tactile labels to identify materials, activities, etc.
                                                                                                   ii. The percentage shall be between 15 percent
                 Challenging Behaviors/Emotional Disturbances
     Provide a warm, inviting, and supportive classroom atmosphere; have
                                                                                         and 30 percent inclusive, and shall be determined by the
appropriate expectations of children‘s behaviors                                         LEA.
     Establish consistent routines and transitions; limit waiting or                             iii. The grades assigned for the EOC test
unoccupied time between activities                                                       achievement levels shall be as follows.
     Limit classroom rules; establish clear consequences for violations and
follow through on them; use positive guidance techniques
     Anticipate problems and have action plans in place to avoid them;                               EOC Achievement Level        Grade
develop signals for when particular behaviors should stop or when a child                                   Excellent                A
needs help                                                                                                     Good                  B
     Model and role-play appropriate social behaviors and coping strategies;                                  Fair                  C
label feelings behind children‘s actions and help children to label the feelings                        Needs Improvement          D or F
themselves
     Provide soft lighting, cozy spaces and calming activities (e.g. water                        iv. The DOE will provide conversion charts for
play, soothing music)
                                                                                         various grading scales used by LEAs.
                                                                                                 c. For students with disabilities who have passed
   AUTHORITY NOTE: Promulgated in accordance with R.S.
 17:6.A(10).                                                                             two of the three required end-of-course tests and have
   HISTORICAL NOTE: Promulgated by the Board of                                          exhausted all opportunities available through the end of the
 Elementary and Secondary Education, LR 37:546 (February 2011).                          twelfth grade to pass the remaining required end-of-course
                                                                                         test, that end-of-course test may be waived by the State
                                   Brad Smith                                            Superintendent of Education if the Department of Education
                                   Finance/Legislative Specialist                        determines the student's disability significantly impacts
 1102#032                                                                                his/her ability to pass the end-of-course test.
                                                                                            B.3. - C.5.a.i. …
                                   RULE                                                                                 ***
        Board of Elementary and Secondary Education                                                 ii. Assessment Performance Indicator
                                                                                                       (a) Students graduating prior to 2013-2014 shall
          Bulletin 741—Louisiana Handbook for School                                     pass all four components of GEE with a score of Basic or
             AdministratorsCurriculum Instruction                                       above, or one of the following combinations of scores with
                  (LAC 28:CXV.2318 and 2319)                                             the English language arts score at Basic or above:
                                                                                                            (i) one Approaching Basic, one Mastery
   In accordance with R.S. 49:950 et seq., the Administrative                            or Advanced, Basic or above in the remaining two; or
 Procedure Act, the Board of Elementary and Secondary                                                      (ii) two Approaching Basic, two Mastery
 Education has amended Bulletin 741—Louisiana Handbook                                   or above.
 for School Administrators: §2318. The College and Career                                              (b) Students graduating in 2013-2014 and
 Diploma and §2319. The Career Diploma. These policy                                     beyond shall achieve a score of Good or Excellent on each of
 changes require the EOC tests scores to count a percentage                              the following EOC tests:
 of the students‘ final course grades. This requirement was                                                 (i). English II and English III;
 recommended by the High School Redesign Commission.                                                       (ii). Algebra I and Geometry;
 Also changed is the test requirement for the diploma                                                     (iii). Biology and American History.
 endorsements. This change is necessitated by the switch to                                       iii. Students shall complete one of the following
 EOC tests.                                                                              requirements:
                                                                                                       (a). senior project;
                           Title 28
                                                                                                       (b). one Carnegie unit in an AP course with a
                        EDUCATION
                                                                                         score of three or higher on the AP exam;
     Part CXV. Bulletin 741—Louisiana Handbook for
                                                                                                       (c). one Carnegie unit in an IB course with a
                    School Administrators
                                                                                         score of four or higher on the IB exam; or
 Chapter 23. Curriculum Instruction
                                                                                                       (d). three college hours of non-remedial,
 §2318. The College and Career Diploma
                                                                                         articulated credit in mathematics, social studies, science,
   A. - B.1.c. …
                                                                                         foreign language, or English language arts.


                                                                                   547              Louisiana Register Vol. 37, No. 02 February 20, 2011
          iv. Students shall meet the current minimum                       HISTORICAL NOTE: Promulgated by the Board of
grade-point average requirement for the TOPS Opportunity                  Elementary and Secondary Education, LR 31:1291 (June 2005),
Award.                                                                    amended LR 31:2211 (September 2005), LR 31:3070 (December
           v. Students shall achieve an ACT Composite                     2005), LR 31:3072 (December 2005), LR 32:1414 (August 2006),
                                                                          LR 33:429 (March 2007), LR 33:432 (March 2007), LR 33:2050
Score of at least 23 or the SAT equivalent.                               (October 2007), LR 33:2354 (November 2007), LR 33:2601
     6. Career/Technical Endorsement                                      (December 2007), LR 34:1607 (August 2008), LR 37:547
        a. Students who meet the requirements for a                       (February 2011).
College and Career diploma and satisfy the following                      §2319. The Career Diploma
performance indicators shall be eligible for a                               A. - B.1.c. …
career/technical endorsement to the College and Career                         2. For incoming freshmen in 2010-2011 and beyond,
diploma.                                                                  students must meet the assessment requirements below to
            i. Students graduating prior to 2011-2012 shall               earn a high school diploma.
meet the current course requirements for the TOPS                                 a. Students must pass three end-of-course tests in
Opportunity Award or the TOPS Tech Award. Students                        the following categories:
graduating in 2010-2011 and beyond shall meet the course                             i. English II or English III;
requirements for the Louisiana Core 4 Curriculum.                                   ii. Algebra I or Geometry;
           ii. Students shall complete the career area of                          iii. Biology or American History.
concentration.                                                                    b. Students enrolled in a course for which there is
         iii. Assessment Performance Indicator                            an EOC test must take the EOC test.
              (a). Students graduating prior to 2009-2010 shall                      i. The EOC test score shall count a percentage of
pass the English language arts, mathematics, science, and                 the student‘s final grade for the course.
social studies components of the GEE 21 at the Approaching                          ii. The percentage shall be between 15 percent
Basic level or above. Students graduating in 2009-2010 and                and 30 percent inclusive, and shall be determined by the
beyond prior to 2013-2014 shall pass all four components of               LEA.
the GEE with a score of basic or above OR one of the                               iii. The grades assigned for the EOC test
following combinations with the English language arts score               achievement levels shall be as follows.
at basic or above:
                   (i). one approaching basic, one mastery or                            EOC Achievement Level        Grade
advanced, and basic or above in the remaining two;                                             Excellent                A
                  (ii). two approaching basic, two mastery or                                     Good                  B
above.                                                                                            Fair                  C
              (b) Students graduating in 2013-2014 and                                     Needs Improvement          D or F
beyond shall achieve a score of Good or Excellent on each of
the following EOC tests:                                                            iv. The DOE will provide conversion charts for
                   (i). English II and English III;                       various grading scales used by LEAs.
                  (ii). Algebra I and Geometry;                                   c. For students with disabilities who have passed
                 (iii). Biology and American History.                     two of the three required end-of-course tests and have
          iv. Students shall complete a minimum of 90 work                exhausted all opportunities available through the end of the
hours of work-based learning experience related to the                    twelfth grade to pass the remaining required end-of-course
student's area of concentration (as defined in the LDE                    test, that end-of-course test may be waived by the State
Diploma Endorsement Guidebook) or senior project related                  Superintendent of Education if the Department of Education
to student's area of concentration with 20 hours of related               determines the student's disability significantly impacts
work-based learning and mentoring and complete one of the                 his/her ability to pass the end-of-course test.
following requirements:                                                      B.3. - C.3. …
              (a). industry-based certification in student's area           AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                          17:7; R.S. 17:24.4; R. S. 17:183.1et seq.; R.S. 17: 395.
of concentration from the list of industry-based certifications
                                                                            HISTORICAL NOTE: Promulgated by the Board of
approved by BESE; or                                                      Elementary and Secondary Education, LR 31:1291 (June 2005),
              (b). three college hours in a career/technical area         amended LR 31:2211 (September 2005), LR 31:3070 (December
that articulate to a postsecondary institution, either by                 2005), LR 31:3072 (December 2005), LR 32:1414 (August 2006),
actually obtaining the credits and/or being waived from                   LR 33:429 (March 2007), LR 33:432 (March 2007), LR 33:2050
having to take such hours in student‘s area of concentration.             (October 2007), LR 33:2354 (November 2007), LR 33:2601
           v. Students shall achieve a minimum GPA of 2.5.                (December 2007), LR 34:1607 (August 2008), LR 35:1230 (July
         vi. Students graduating prior to 2008-2009 shall                 2009), LR 35:1876 (September 2009), LR 35:2321 (November
achieve the current minimum ACT Composite Score (or SAT                   2009), LR 35:2750 (December 2009), LR 36:1490 (July 2010), LR
                                                                          37:548 (February2011).
Equivalent) for the TOPS Opportunity Award or the TOPS
Tech Award. Students graduating in 2008-2009 and beyond                                    Family Impact Statement
shall achieve a minimum ACT Composite Score (or SAT                         In accordance with Section 953 and 974 of Title 49 of the
                                                                          Louisiana Revised Statutes, there is hereby submitted a
Equivalent) of 20 or the state ACT average (whichever is
                                                                          Family Impact Statement on the Rule proposed for adoption,
higher) or the Silver Level on the WorkKeys Assessment.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     repeal or amendment. All Family Impact Statements shall be
17:7; R.S. 17:24.4; R. S. 17:183.2; R.S. 17: 395.                         kept on file in the State Board Office which has adopted,


                                                                    548              Louisiana Register Vol. 37, No. 02 February 20, 2011
amended, or repealed a Rule in accordance with the                                                Title 28
applicable provisions of the law relating to public records.                                  EDUCATION
     1. Will the proposed Rule affect the stability of the              Part CXXXI. Bulletin 746—Louisiana Standards for
family? No.                                                                      State Certification of School Personnel
     2. Will the proposed Rule affect the authority and               Chapter 2.       Louisiana Teacher Preparation Programs
rights of parents regarding the education and supervision of          Subchapter B. Alternate Teacher Preparation Programs
their children? No.                                                   §233. The Practitioner Teacher Program Alternative
     3. Will the proposed Rule affect the functioning of the                    Path to Certification (Minimum Requirements)
family? No.                                                              A. - H. …
     4. Will the proposed Rule affect family earnings and                I. Program requirements must be met within a three year
family budget? No.                                                    time period. For certification purposes, private providers and
     5. Will the proposed Rule affect the behavior and                colleges or universities will submit signed statements to the
personal responsibility of children? No.                              Department of Education indicating that the student
     6. Is the family or a local government able to perform           completing the Practitioner Teacher Program alternative
the function as contained in the proposed Rule? No.                   certification path met the following requirements:
   Interested persons may submit written comments via the                  1. passed the PPST components of the Praxis (Note:
U.S. Mail until 4:30 p.m., December 9, 2010, to: Nina A.              This test was required for admission.);
Ford, State Board of Elementary and Secondary Education,                   2. completed all program requirements including the
P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-               internship with a 2.50 or higher GPA (this applies to
9064.                                                                 candidates in a university program);
                                                                           3. completed prescriptive plans (if weaknesses were
                          Brad Smith                                  demonstrated);
                          Finance/Legislative Specialist                   4. passed the Praxis specialty examination for the
1102#0033                                                             area(s) of certification. (Note: This test was required for
                                                                      admission):
                           RULE                                               a. grades PK-3—Elementary Education: Content
     Board of Elementary and Secondary Education                      Knowledge (#0014);
                                                                              b. grades 1-5 (regular and special education)—
Bulletin 746—Louisiana Standards for State Certification of           Elementary Education: Content Knowledge (#0014);
                   School Personnel                                           c. grades 4-8 (regular and special education)—
            (LAC 28:CXXXI.Chapters 2 and 6)                           Middle school subject-specific licensing examination(s) for
                                                                      the content area(s) to be certified;
   In accordance with R.S. 49:950 et seq., the Administrative                 d. grades 6-12 (regular and special education)—
Procedure Act, the Board of Elementary and Secondary                  Secondary subject-specific examination(s) for the content
Education has amended Bulletin 746—Louisiana Standards                area(s) to be certified. General-Special Education
for State Certification of School Personnel: §233. The                Mild/Moderate candidates must pass a Praxis core subject
Practitioner Teacher Program Alternative Path to                      area exam (English/language arts, foreign language,
Certification (Minimum Requirements); §235. The Master‘s              mathematics, the sciences, or social studies). If no
Degree Program Alternative Path to Certification (Minimum             examination has been adopted for Louisiana in the
Requirements);      §237.      Certification-Only    Program          certification area, candidates must present a minimum of 31
Alternative Path to Certification; §241. PRAXIS I Scores;             semester hours of coursework specific to the content area for
§243. ACT/SAT Scores in Lieu of PRAXIS I Scores; §625.                admission to the program;
Requirements to add Early Interventionist Birth to Five                       e. all-level K-12 areas (art, dance, foreign language,
Years; §627. Requirements to add Hearing Impaired K-12;               health and physical education, and music)—Subject-specific
§629. Requirements to add Mild/Moderate; §630.                        examination(s) for content area(s) to be certified. If no
Requirements to add Mild/Moderate (1-5), (4-8), and (6-12)            examination has been adopted for Louisiana in the
– Mandatory 7/1/2010; §631. Requirements to add                       certification area, candidates must present a minimum of 31
Significant Disabilities 1-12; and §633. Requirements to add          semester hours of coursework specific to the content area for
Visual Impairments/Blind K-12. This revision in policy will           admission to the program;
allow the replacement of the current special education                     5. passed the pedagogy examination (Praxis):
pedagogy exams in early interventionist, hearing impaired,                    a. grades PK-3—Principles of Learning and
mild/moderate, visually impaired and significant disabilities         Teaching Early Childhood (#0521)
with new editions of the following Praxis exams: Special                      b. grades 1-5—Principles of Learning and Teaching
Education: Core Knowledge and Applications (#0354),                   K-6 (#0522);
Special Education: Core Knowledge Mild to Moderate                            c. grades 4-8—Principles of Learning and Teaching
Applications (#0543), and Special Education: Core                     5-9 (#0523);
Knowledge and Severe to Profound Applications (#0545).                        d. grades 6-12—Principles of Learning and
The current Praxis exams required for Louisiana licensure in          Teaching 7-12 (#0524);
early interventionist, hearing impaired, mild/moderate,                       e. all-level K-12 Certification—Principles of
visually impaired and significant disabilities will be phased         Learning and Teaching K-6, 5-9, or 7-12;
out by Educational Testing Service.

                                                                549              Louisiana Register Vol. 37, No. 02 February 20, 2011
         f. general-special    education mild/moderate—                        4.     passed the pedagogy examination (Praxis):
Special Education: Core Knowledge and Mild to Moderate                             a. grades PK-3—Principles of Learning and
Applications (#0543); In addition to one of the following                  Teaching Early Childhood (#0521);
aligned to candidates grade level:                                                 b. grades 1-5—Principles of Learning and Teaching
             i. grades 1-5—Principles of Learning and                      K-6 (#0522);
Teaching K-6 (#0522);                                                              c. grades 4-8—Principles of Learning and Teaching
            ii. grades 4-8—Principles of Learning and                      5-9 (#0523);
Teaching 5-9 (#0523);                                                              d. grades 6-12—Principles of Learning and
           iii. grades 6-12—Principles of Learning and                     Teaching 7-12 (#0524);
Teaching 6-12 (#0524);                                                             e. all-level K-12 Certification—Principles of
   I.6. - L. …                                                             Learning and Teaching K-6, 5-9, or 7-12;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                              f. General-Special Education Mild/Moderate―
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);         Special Education: Core Knowledge and Mild to Moderate
R.S. 17:391.1-391.10; R.S. 17:411.                                         Applications (#0543); in addition to one of the following
  HISTORICAL NOTE: Promulgated by the Board of                             aligned to candidates grade level:
Elementary and Secondary Education, LR 32:1790 (October 2006),
amended LR 34:1387 (July 2008), LR 35:1477 (August 2009), LR
                                                                                       i. grades 1-5—Principles of Learning and
37:549 (February 2011).                                                    Teaching K-6 (#0522);
§235.     The Master's Degree Program Alternative Path                                ii. grades 4-8—Principles of Learning and
          to Certification (Minimum Requirements)                          Teaching 5-9 (#0523);
   A. - D.5.a. …                                                                     iii. grades 6-12—Principles of Learning and
   E. Certification Requirements. Colleges/universities will               Teaching 6-12 (#0524);
submit signed statements to the Louisiana Department of                            g. Special Education Early Interventionist Birth to
Education indicating that the student completing the Master's              Five Years—Special Education: Core Knowledge and
Degree Program alternative certification path met the                      Applications (#0354) and Principles of Learning and
following requirements:                                                    Teaching: Early Childhood (#0521);
     1. passed PPST components of Praxis (as required for                          h. Special Education Significant Disabilities 1-12—
admission);                                                                Special Education: Core Knowledge and Severe to Profound
     2. completed all coursework in the Master's Degree                    Applications (#0545);
alternate certification program with a 2.50 or higher grade                        i. Special Education Hearing Impaired K-12—
point average (GPA);                                                       Special Education: Core Knowledge and Applications
     3. passed the specialty examination (Praxis) for the                  (#0354) and Education of Exceptional Students: Hearing
area of certification (this test was required for admission):              Impairment (#0271);
        a. grades PK-3 (regular education)—Elementary                              j. Special Education Visual Impairments/Blind K-
Education: Content Knowledge (#0014);                                      12—Special Education: Core Knowledge and Applications
        b. grades        1-5      (regular    education     and            (#0354);
mild/moderate)—Elementary               Education:       Content                5. - 5.b.…
                                                                             AUTHORITY NOTE: Promulgated in accordance with R.S.
Knowledge (#0014);
                                                                           17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
        c. grades        4-8      (regular    education     and            R.S. 17:391.1-391.10; R.S. 17:411.
mild/moderate)—Middle school subject-specific licensing                      HISTORICAL NOTE: Promulgated by the Board of
examination for content area to be certified;                              Elementary and Secondary Education, LR 32:1792 (October 2006),
        d. grades       6-12       (regular    education    and            amended LR 35:1480 (August 2009), LR 37:550 (February 2011).
mild/moderate)—Secondary subject-specific examination                      §237.     Certification-Only Program Alternative Path to
for content area(s) to be certified. General-Special Education                       Certification
Mild/Moderate candidates must pass a Praxis core subject                      A. - D.7. …
area exam (English/language arts, foreign language,                           E. Licensure Requirements
mathematics, the sciences, or social studies). If no                            1. Practitioner License (PL2)―a program candidate
examination has been adopted for Louisiana in the                          that is hired as a full-time teacher in an approved Louisiana
certification area, candidates must present a minimum of 31                school will be issued a Practitioner License 2. This license is
semester hours of coursework specific to the content area for              issued at the request of the Louisiana employing school
admission to the program;                                                  system for a specific grade level and content area once
        e. all-level K-12 Certification—Subject-specific                   successful completion of the classroom readiness component
examination for content area(s) to be certified. If no                     has been verified. The teacher is restricted to the specific
examination has been adopted for Louisiana in the                          grade level and content area as designated on the Practitioner
certification area, candidates must present a minimum of 31                License 2.
semester hours of coursework specific to the content area for                   2. Standard Professional License―a standard Level
admission to the program;                                                  certificate may be issued after the applicant has:
        f. Special Education Early Interventionist (Birth to                       a. completed all program requirements with a 2.50
Five Years), Significant Disabilities 1-12, Hearing Impaired               or higher GPA (this applies to candidates in a university
K-12, and Visual Impairments/Blind K-12—Elementary                         program); and
Education: Content Knowledge (#0014) specialty                                     b. passed the pedagogy examination (Praxis):
examination;

                                                                     550               Louisiana Register Vol. 37, No. 02 February 20, 2011
          i. grades PK-3—Principles of Learning and                                   (#0354) and Education of Exceptional Students: Hearing
Teaching Early Childhood (#0521);                                                     Impairment (#0271);
         ii. grades 1-5—Principles of Learning and                                            ix. Special Education Visual Impairments/Blind
Teaching K-6 (#0522);                                                                 K-12—Special      Education:   Core   Knowledge       and
       iii. grades 4-8—Principles of Learning and                                     Applications (#0354);
Teaching 5-9 (#0523);                                                                       c. completed all requirements of the Certification-
        iv. grades 6-12—Principles of Learning and                                    Only Alternative Certification path as verified to the
Teaching 7-12 (#0524);                                                                Louisiana Department of Education by the program
         v. all-level K-12 certification—Principles of                                provider.
Learning and Teaching K-6, 5-9, or 7-12;                                                AUTHORITY NOTE: Promulgated in accordance with R.S.
        vi. Special Education Early Interventionist Birth to                          17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
Five Years—Special Education: Core Knowledge and                                      R.S. 17:391.1-391.10; R.S. 17:411.
Applications and Principles of Learning and Teaching Early                              HISTORICAL NOTE: Promulgated by the Board of
                                                                                      Elementary and Secondary Education, LR 32:1794 (October 2006),
Childhood (#0521);                                                                    amended LR 35:1482 (August 2009), LR 37:550 (February 2011).
       vii. Special Education Significant Disabilities 1-
                                                                                      §241. PRAXIS I Scores
12—Special Education: Core Knowledge and Severe to
                                                                                        A. - C.2. …
Profound Applications (#0545);                                                                                           ***
      viii. Special Education Hearing Impaired K-12—
Special Education: Core Knowledge and Applications

  D. Special Education Areas

          Area                         Content Exam                          Score                     Pedagogy Requirement                        Score
   All Special Education Area(s)                                                        Prior to 6/1/04: PLT K-6 (161), PLT 5-9 (154) or PLT 7-12 (161)
   Early                 Elementary Education: Content Knowledge              150       Educ. of Exceptional Students: Core                         143
   Interventionist       (0014)                        Effective 7/1/05                 Content Knowledge (0353)             Effective 6/1/04
                                                                                        Educ. of Exceptional Students: Core Content                 143
                                                                                        Knowledge (0353) and Early Childhood Education              510
                                                                                        (0020)                               Effective 7/1/05
                                                                                        Principles of Learning and Teaching: Early Childhood        172
                                                                                        (0521)                               Effective 1/1/08
                                                                                        Special Education: Core Knowledge and Applications          145
                                                                                        (0354) and Principles of Learning and Teaching:             172
                                                                                        Early Childhood (0521)               Effective 1/1/11
   Hearing Impaired      Elementary Education: Content Knowledge              150       Educ. of Exceptional Students: Core Content                 143
                         (0014)                        Effective 7/1/05                 Knowledge (0353) and Educ. of Deaf and Hard of              160
                                                                                        Hearing Students (0271)              Effective 6/1/04
                                                                                        Special Education: Core Knowledge and Applications          145
                                                                                        (0354) and
                                                                                           Education of Deaf and Hard of Hearing Students           160
                                                                                        (0271)                               Effective 1/1/11
   Mild to Moderate      Effective 6/1/04 ALL Candidates must pass a content area       *Educ. of Exceptional Students: Core Content                143
   Disabilities          exam appropriate to certification level 1-5, 4-8, 6-12         Knowledge (0353) and Educ. of Exceptional                   141
                         (e.g., 0014, or core subject-specific exams for middle or      Students: Mild/Moderate Disabilities (0542)              Effective 6/1/04
                         secondary grades)                                              *Note: (0353) and (0542) are not content area exams.        153
                         Prior to 6/1/04, a content area exam was required only for     Special Education: Core Knowledge and Mild to
                         entry into a Mild/ Moderate 1-12 Practitioner Teacher          Moderate Applications (0543)         Effective 1/1/11
                         Program, Non-Master's Certification-Only Alternate
                         Program, and Master's Alternate Program.
   Significant           Elementary Education: Content Knowledge                150     Educ. of Exceptional Students: Core Content                143
   Disabilities          (0014)                            Effective 7/1/05             Knowledge (0353) and Educ. of Exceptional                  147
                                                                                        Students: Severe to Profound Disabilities (0544)         Effective 6/1/04
                                                                                        Special Education: Core Knowledge and Severe to            153
                                                                                        Profound Applications (0545)         Effective 1/1/11
   Visual                Elementary Education: Content Knowledge              150       Educ. of Exceptional Students: Core                        143
   Impairments/Blind     (0014)                        Effective 7/1/05                 Content Knowledge (0353)             Effective 6/1/04
                                                                                        Special Education: Core Content Knowledge and              145
                                                                                        Applications (0354)                  Effective 1/1/11



  E. …                                                                                amended LR 33:2355 (November 2007), LR 35:644 (April 2009),
                                 ***                                                  LR 36:484 and 487 (March 2010), LR 37:551 (February 2011).
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                 §243. ACT/SAT Scores in Lieu of PRAXIS I Scores
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);                      A. - C.2. …
R.S. 17:391.1-391.10; R.S. 17:411.                                                                             ***
  HISTORICAL NOTE: Promulgated by the Board of                                          D. Special Education Areas
Elementary and Secondary Education, LR 32:1836 (October 2006),




                                                                            551                     Louisiana Register Vol. 37, No. 02 February 20, 2011
          Area                         Content Exam                          Score                     Pedagogy Requirement                      Score
   All Special Education Area(s)                                                        Prior to 6/1/04: PLT K-6 (161), PLT 5-9 (154) OR PLT 7-12 (161)
   Early                 Elementary Education: Content Knowledge              150       Educ. of Exceptional Students: Core                       143
   Interventionist       (0014)                      Effective 7/1/05                   Content Knowledge (0353)             Effective 6/1/04
                                                                                        Educ. of Exceptional Students: Core Content               143
                                                                                        Knowledge (0353) and Early Childhood Education            510
                                                                                        (0020)                               Effective 7/1/05
                                                                                        Special Education: Core Knowledge and Applications        145
                                                                                        (0354) and Principles of Learning and Teaching:           172
                                                                                        Early Childhood (0521)               Effective 1/1/11
   Hearing Impaired      Elementary Education: Content Knowledge              150       Educ. of Exceptional Students: Core Content               143
                         (0014)                      Effective 7/1/05                   Knowledge (0353) and Educ. of Deaf and Hard of            160
                                                                                        Hearing Students (0271)              Effective 6/1/04
                                                                                        Special Education: Core Knowledge and Applications        145
                                                                                        (0354) and Education of Deaf and Hard of Hearing          160
                                                                                        Students (0271)                      Effective 1/1/11
   Mild to Moderate      Effective 6/1/04 ALL Candidates must pass a content area       *Educ. of Exceptional Students: Core Content              143
   Disabilities          exam appropriate to certification level 1-5, 4-8, 6-12         Knowledge (0353) and Educ. of Exceptional                 141
                          (e.g., 0014, or core subject-specific exams for middle or     Students: Mild/Moderate Disabilities
                         secondary grades)                                              (0542)                               Effective 6/1/04
                         Prior to 6/1/04, a content area exam was required only for     *Note: (0353) and (0542) are not content area exams.      153
                         entry into a Mild/ Moderate 1-12 Practitioner Teacher          Special Education: Core Knowledge and Mild to
                         Program, Non-Master‘s Certification-Only Alternate             Moderate Applications (0543) Effective 1/1/11
                         Program, and Master‘s Alternate Program.
   Significant           Elementary Education: Content Knowledge                150     Educ. of Exceptional Students: Core Content               143
   Disabilities          (0014)                          Effective 7/1/05               Knowledge (0353) and Educ. of Exceptional                 147
                                                                                        Students: Severe to Profound Disabilities (0544)          153
                                                                                                                                                Effective 6/1/04
                                                                                        Special Education: Core Knowledge and Severe to
                                                                                        Profound Applications (0545)         Effective 1/1/11
   Visual                Elementary Education: Content Knowledge              150       Educ. of Exceptional Students: Core                       143
   Impairments/Blind     (0014)                      Effective 7/1/05                   Content Knowledge (0353)             Effective 6/1/04
                                                                                        Special Education: Core Content Knowledge and             145
                                                                                        Applications (0354)                  Effective 1/1/11


  E. …                                                                                       e. teaming, physical and medical management in
                                 ***                                                  early intervention;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                        f. communication and literacy in early intervention;
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);                         3. nine semester hours of reading coursework.
R.S. 17:391.1-391.10; R.S. 17:411.                                                      AUTHORITY NOTE: Promulgated in accordance with R.S.
  HISTORICAL NOTE: Promulgated by the Board of                                        17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
Elementary and Secondary Education, LR 32:1833 (October 2006),                        R.S. 17:391.1-391.10; R.S. 17:411.
amended LR 36:485 and 488 (March 2010), LR 37:551 (February                             HISTORICAL NOTE: Promulgated by the Board of
2011).                                                                                Elementary and Secondary Education, LR 32:1817 (October 2006),
Chapter 6.       Endorsements to Existing Certificates                                LR 37:552 (February 2011).
Subchapter B. Special Education Level and Area                                        §627. Requirements to add Hearing Impaired K-12
                 Endorsements                                                            A. Individuals holding a valid early childhood certificate
§625. Requirements to add Early Interventionist Birth                                 (e.g., PK-K, PK-3), elementary certificate (e.g., 1-4, 1-5, 1-
          to Five Years                                                               6, 1-8), upper elementary or middle school certificate (e.g.,
   A. Individuals holding a valid early childhood certificate                         4-8, 5-8, 6-8), secondary certificate (e.g., 6-12, 7-12, 9-12),
(e.g., PK-K, PK-3), elementary certificate (e.g., 1-4, 1-5, 1-                        special education certificate, or All-Level K-12 certificate
6, 1-8), upper elementary or middle school certificate (e.g.,                         (art, dance, foreign language, health, physical education,
4-8, 5-8, 6-8), secondary certificate (e.g., 6-12, 7-12, 9-12),                       health and physical education, and music) must achieve the
special education certificate, or an all-level K-12 certificate                       following:
(art, dance, foreign language, health, physical education,                                 1. 21 semester credit hours that pertain to children
health and physical education, and music) must achieve the                            with hearing impairments, as follows:
following:                                                                                 2. introduction to special education;
     1. passing score for Praxis exams: Principles of                                      3. physiological, psychosocial, historical, sociological,
Learning and Teaching; Early Childhood (#0521) and                                    and cultural aspects of deafness;
Special Education: Core Content Knowledge and                                              4. language development that includes linguistic
Applications (#0354);                                                                 principles and assessment strategies in language acquisitions
     2. 18 credit hours that pertain to infants, toddlers, and                        for deaf and hard of hearing;
preschoolers, as follows:                                                                  5. speech and speech reading;
        a. foundations in early childhood education and                                    6. educational audiology, auditory assistive devices
early intervention;                                                                   and technology;
        b. understanding and working with families of                                      7. instructional strategies and curriculum development
young children;                                                                       for deaf and hard of heading students;
        c. assessment in early intervention;                                               8. communication methodology.
        d. early intervention methods;

                                                                            552                     Louisiana Register Vol. 37, No. 02 February 20, 2011
  B. Three semester hours of internship of students with                   §630.     Requirements to add Mild/Moderate (1-5), (4-8)
hearing impairments; or three years of successful teaching                           and (6-12)—Mandatory 7/1/2010
experience of students with hearing impairments.                              A. Mild/Moderate: 1-5—Individuals holding a valid
  C. Proficiency in signed, cued, or oral communication,                   early childhood certificate (e.g., PK-K, PK-3), elementary
as evidenced by one or more of the following means:                        certificate (e.g., 1-4, 1-5, 1-6, 1-8), or Early Interventionist
     1. signed—one of the following:                                       certificate must achieve the following:
       a. Intermediate on the Educational Sign Skills                           1. 18 semester hours to include the following
Evaluation: Teacher (ESSE:T);                                              coursework:
       b. Advanced on the Signed Communication                                     a. Assessment and Evaluation of Students with
Proficiency Interview (SCPI);                                              Disabilities—three semester hours. This course is designed
       c. Level III of the Educational Interpreter                         for teachers to learn how to select, adapt, and use
Performance Assessment;                                                    instructional interventions and behavioral strategies with
     2. cued—mini-proficiency, as measured on the Basic                    students in a variety of settings. Students are required to
Cued Speech Proficiency Rating Test (BCSPR c1983,                          apply knowledge and skills in a 45-hour field-based
Beaupre); or                                                               experience.        Theoretical      approaches,       screening/
     3. oral—successfully passing an additional course in                  identification, educational placement considerations, and
Methods in Oral/Auditory Education.                                        assessment and evaluation issues will be addressed;
  D. Passing score for Praxis exams: Special Education:                            b. Fundamentals of Instructional Technology—three
Core Content Knowledge and Applications (#0354) and                        semester hours—instructional, utility, and management
Education of Exceptional Students: Hearing Impairment                      software applications for school use. Development of
(#0271).                                                                   instructional materials, incorporation of commercially
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      available software into lesson and unit structure. Addresses
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);         the use of technology as it relates to UDL (Universal Design
R.S. 17:391.1-391.10; R.S. 17:411.                                         for Learning) and how UDL can be used to meet the needs
  HISTORICAL NOTE: Promulgated by the Board of
                                                                           of all students with language development issues;
Elementary and Secondary Education, LR 32:1817 (October 2006);
LR 37:552 (February 2011).                                                         c. Behavior Support and Intervention—three
§629. Requirements to add Mild/Moderate                                    semester hours. This course should address the knowledge,
   A. Individuals holding a valid early childhood certificate              skills and dispositions necessary for teachers to proactively
(e.g., PK-K, PK-3), elementary certificate (e.g., 1-4, 1-5, 1-             and systematically address student needs that underlie the
6, 1-8), upper elementary or middle school certificate (e.g.,              presence of problem behaviors in schools and class rooms;
4-8, 5-8, 6-8), secondary certificate (e.g., 6-12, 7-12, 9-12),                    d. Collaborative Teaming—three semester hours.
special education certificate, or an All-Level K-12 certificate            This course should focus on developing effective
(art, dance, foreign language, health, physical education,                 partnerships with parents, family members, general
health and physical education, and music) must achieve the                 educators and related service providers;
following:                                                                         e. Instructional Practices in Special Education—
     1. 15 semester hours of special education coursework,                 three semester hours. This course should provide teachers
as follows:                                                                with the ability to select and utilize appropriate instructional
        a. methods/materials for mild/moderate exceptional                 strategies, assistive technologies, and instructional materials
children;                                                                  to address the strengths and needs of diverse learners in
        b. assessment and evaluation of exceptional                        grades 1-5;
learners;                                                                          f. Reading and Literacy—three semester hours.
        c. behavioral management of mild/moderate                          This course should cover all aspects of state reading
exceptional children;                                                      competencies at the elementary level, to include literacy
        d. vocational and transition services for students                 intervention for students with disabilities;
with disabilities;                                                              2. passing score for Praxis exams—Special Education:
        e. practicum in assessment and evaluation of M/M                   Core Knowledge and Mild to Moderate Applications
exceptional learners; or three years of successful teaching                (#0543).
experience in mild/moderate;                                                  B. Mild/Moderate: 1-5—Individuals holding a valid
     2. passing score for Praxis exams: Special Education:                 upper elementary or middle school certificate (e.g., 4-8, 5-8,
Core Knowledge and Mild to Moderate Applications                           6-8), secondary certificate (e.g., 6-12, 7-12, 9-12), all-level
(#0543);                                                                   special education certificate (Significant Disabilities,
     3. individuals who have completed all stipulations                    Visually Impaired or Hearing Impaired), or an all-level K-12
listed above will have until 7/1/2010 to have this                         certificate (art, dance, foreign language, health, physical
endorsement added to their standard teaching certificate.                  education, health and physical education, and music) must
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      achieve the following:
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);              1. 18 semester hours to include the following
R.S. 17:391.1-391.10; R.S. 17:411.                                         coursework:
  HISTORICAL NOTE: Promulgated by the Board of                                     a. Assessment and Evaluation of Students with
Elementary and Secondary Education, LR 32:1817 (October 2006),             Disabilities—three semester hours. This course is designed
amended LR 35:221 (February 2009), LR 35:1485 (August 2009),               for teachers to learn how to select, adapt, and use
LR 37:553 (February 2011).                                                 instructional interventions and behavioral strategies with


                                                                     553               Louisiana Register Vol. 37, No. 02 February 20, 2011
students in a variety of settings. Students are required to              development, implementation, and evaluation of self-
apply knowledge and skills in a 45-hour field-based                      management instructional programs for students. Emphasis
experience.        Theoretical      approaches,       screening/         is upon using self-management and learning strategies to
identification, educational placement considerations, and                facilitate self-determination. Provides the teacher with an
assessment and evaluation issues will be addressed;                      understanding of the special education transition process as
        b. Fundamentals of Instructional Technology—three                specified by federal and state guidelines and the focus on the
semester hours. Instructional, utility, and management                   design and implementation of transition planning that meets
software applications for school use. Development of                     students‘ physical, affective, cognitive and communicative
instructional materials, incorporation of commercially                   needs across the contexts of school, community, family life,
available software into lesson and unit structure. Addresses             career and vocation and recreation/leisure;
the use of technology as it relates to UDL (Universal Design                     d. Behavior Support and Intervention—three
for Learning) and how UDL can be used to meet the needs                  semester hours. This course should address the knowledge,
of all students with language development issues;                        skills and dispositions necessary for teachers to proactively
        c. Behavior Support and Intervention—three                       and systematically address student needs that underlie the
semester hours. This course should address the knowledge,                presence of problem behaviors in schools and class rooms;
skills and dispositions necessary for teachers to proactively                    e. Collaborative Teaming—three semester hours.
and systematically address student needs that underlie the               This course should focus on developing effective
presence of problem behaviors in schools and class rooms;                partnerships with parents, family members, general
        d. Collaborative Teaming—three semester hours.                   educators and related service providers;
This course should focus on developing effective                                 f. Instructional Practices in Special Education—
partnerships with parents, family members, general                       three semester hours. This course should provide teachers
educators and related service providers;                                 with the ability to select and utilize appropriate instructional
        e. Instructional Practices in Special Education—                 strategies, assistive technologies, and instructional materials
three semester hours. This course should provide teachers                to address strengths and needs of diverse learners in grades
with the ability to select and utilize appropriate instructional         6-12 with concentration in areas of literacy and numeracy;
strategies, assistive technologies, and instructional materials               2. passing score for Praxis exams:
to address the strengths and needs of diverse learners in                        a. Mild/Moderate (4-8) and (6-12)—Special
grades 1-5;                                                              Education: Core Knowledge and Mild to Moderate
        f. Reading and Literacy—three semester hours.                    Applications (#0543); and
This course should cover all aspects of state reading                            b. Mild/Moderate (4-8)—Principles of Learning and
competencies at the elementary level, to include literacy                Teaching (PLT): 5-9 and Middle School Content Exam(s); or
intervention for students with disabilities;                                     c. Mild/Moderate (6-12)—Principles of Learning
     2. passing score for Praxis exams—Special Education:                and Teaching (PLT): 7-12 and High School Content
Core Knowledge and Mild to Moderate Applications                         Exam(s).
(#0543), Principles of Learning and Teaching (PLT): K-6,                    D. Mild/Moderate: Middle Grades 4-8 and Secondary 6-
and Elementary Content Knowledge Exam (0014).                            12. Individuals holding a valid upper elementary or middle
   C. Mild/Moderate: Middle Grades 4-8 and Secondary 6-                  school certificate (e.g., 4-8, 5-8, 6-8) must achieve the
12. Individuals holding a valid early childhood certificate              following:
(e.g., PK-K, PK-3), elementary certificate (e.g., 1-4, 1-5, 1-                1. 18 semester hours to include the following
6, 1-8), or early interventionist certificate must achieve the           coursework:
following:                                                                       a. Assessment and Evaluation of Students with
     1. 18 semester hours to include the following                       Disabilities—three semester hours. This course is designed
coursework:                                                              for teachers to learn how to select, adapt, and use
        a. Assessment and Evaluation of Students with                    instructional interventions and behavioral strategies with
Disabilities—three semester hours. This course is designed               students in a variety of settings. Students are required to
for teachers to learn how to select, adapt, and use                      apply knowledge and skills in a 45-hour field-based
instructional interventions and behavioral strategies with               experience.        Theoretical      approaches,      screening/
students in a variety of settings. Students are required to              identification, educational placement considerations, and
apply knowledge and skills in a 45-hour field-based                      assessment and evaluation issues will be addressed;
experience.        Theoretical      approaches,       screening/                 b. Fundamentals of Instructional Technology—three
identification, educational placement considerations, and                semester hours. Instructional, utility, and management
assessment and evaluation issues will be addressed;                      software applications for school use. Development of
        b. Fundamentals of Instructional Technology—three                instructional materials, incorporation of commercially
semester hours. Instructional, utility, and management                   available software into lesson and unit structure. Addresses
software applications for school use. Development of                     the use of technology as it relates to UDL (Universal Design
instructional materials, incorporation of commercially                   for Learning) and how UDL can be used to meet the needs
available software into lesson and unit structure. Addresses             of all students with language development issues;
the use of technology as it relates to UDL (Universal Design                     c. Self-Determination         and    Transition—three
for Learning) and how UDL can be used to meet the needs                  semester hours. This course presents self-determination and
of all students with language development issues;                        development, implementation, and evaluation of self-
        c. Self-Determination         and     Transition—three           management instructional programs for students. Emphasis
semester hours. This course presents self-determination and              is upon using self-management and learning strategies to

                                                                   554               Louisiana Register Vol. 37, No. 02 February 20, 2011
facilitate self-determination. Provides the teacher with an              is upon using self-management and learning strategies to
understanding of the Special Education transition process as             facilitate self-determination. Provides the teacher with an
specified by federal and state guidelines and the focus on the           understanding of the Special Education transition process as
design and implementation of transition planning that meets              specified by federal and state guidelines and the focus on the
students‘ physical, affective, cognitive and communicative               design and implementation of transition planning that meets
needs across the contexts of school, community, family life,             students‘ physical, affective, cognitive and communicative
career and vocation and recreation/leisure;                              needs across the contexts of school, community, family life,
        d. Behavior Support and Intervention—three                       career and vocation and recreation/leisure;
semester hours. This course should address the knowledge,                        d. Behavior Support and Intervention—three
skills and dispositions necessary for teachers to proactively            semester hours. This course should address the knowledge,
and systematically address student needs that underlie the               skills and dispositions necessary for teachers to proactively
presence of problem behaviors in schools and class rooms;                and systematically address student needs that underlie the
        e. Collaborative Teaming—three semester hours.                   presence of problem behaviors in schools and class rooms\;
This course should focus on developing effective                                 e. Collaborative Teaming—three semester hours.
partnerships with parents, family members, general                       This course should focus on developing effective
educators and related service providers;                                 partnerships with parents, family members, general
        f. Instructional Practices in Special Education—                 educators and related service providers;
three semester hours. This course should provide teachers                        f. Instructional Practices in Special Education—
with the ability to select and utilize appropriate instructional         three semester hours. This course should provide teachers
strategies, assistive technologies, and instructional materials          with the ability to select and utilize appropriate instructional
to address strengths and needs of diverse learners in grades             strategies, assistive technologies, and instructional materials
6-12 with concentration in areas of literacy and numeracy;               to address strengths and needs of diverse learners in grades
     2. passing score for Praxis exams:                                  6-12 with concentration in areas of literacy and numeracy;
        a. Mild/Moderate (4-8) and (6-12)—Special                             2. passing score for Praxis exams:
Education: Core Knowledge and Mild to Moderate                                   a. Mild/Moderate (4-8) and (6-12)—Special
Applications (#0543); and/or                                             Education: Core Knowledge and Mild to Moderate
        b. Mild/Moderate (6-12)—Principles of Learning                   Applications (#0543); and/or
and Teaching (PLT): 7-12 and High School Content                                 b. Mild/Moderate (4-8)—Principles of Learning and
Exam(s).                                                                 Teaching (PLT): 5-9 and Middle School Content Exam(s).
   E. Mild/Moderate: Middle Grades 4-8 and Secondary 6-                    AUTHORITY NOTE: Promulgated in accordance with R.S.
12. Individuals holding a valid secondary certificate (e.g., 6-          17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
12, 7-12, 9-12), all-level special education certificate                 R.S. 17:391.1-391.10; R.S. 17:411.
(Significant Disabilities, Visually Impaired, or Hearing                   HISTORICAL NOTE: Promulgated by the Board of
                                                                         Elementary and Secondary Education, LR 35:1485 (August 2009),
Impaired), or an all-level K-12 certificate (art, dance, foreign         amended LR 37:553 (February 2011).
language, health, physical education, health and physical
                                                                         §631. Requirements to add Significant Disabilities 1-12
education, and music) must achieve the following:
                                                                            A. Individuals holding a valid early childhood certificate
     1. 18 semester hours to include the following
                                                                         (e.g., PK-K, PK-3), elementary certificate (e.g., 1-4, 1-5, 1-
coursework:
                                                                         6, 1-8), upper elementary or middle school certificate (e.g.,
        a. Assessment and Evaluation of Students with
                                                                         4-8, 5-8, 6-8), secondary certificate (e.g., 6-12, 7-12, 9-12),
Disabilities—three semester hours. This course is designed
                                                                         special education certificate, or All-Level K-12 certificate
for teachers to learn how to select, adapt, and use
                                                                         (art, dance, foreign language, health, physical education,
instructional interventions and behavioral strategies with
                                                                         health and physical education, and music) must achieve the
students in a variety of settings. Students are required to
                                                                         following:
apply knowledge and skills in a 45-hour field-based
                                                                              1. 21 semester hours that pertain to children with
experience.        Theoretical      approaches,      screening/
                                                                         significant disabilities, as follows:
identification, educational placement considerations, and
                                                                                 a. assessment and evaluation;
assessment and evaluation issues will be addressed;
                                                                                 b. curriculum development, modifications, and
        b. Fundamentals of Instructional Technology—three
                                                                         transition planning;
semester hours. Instructional, utility, and management
                                                                                 c. behavior support;
software applications for school use. Development of
                                                                                 d. instructional strategies;
instructional materials, incorporation of commercially
                                                                                 e. communication;
available software into lesson and unit structure. Addresses
                                                                                 f. collaborative techniques and family partnerships;
the use of technology as it relates to UDL (Universal Design
                                                                                 g. characteristics of students with significant
for Learning) and how UDL can be used to meet the needs
                                                                         disabilities, physical support, health and safety;
of all students with language development issues;
                                                                              2. three semester hours of internship of students with
        c. Self-Determination         and    Transition—three
                                                                         significant disabilities; or three years of successful teaching
semester hours. This course presents self-determination and
                                                                         experience of students with significant disabilities; and
development, implementation, and evaluation of self-
                                                                              3. passing score for Praxis exams: Special Education:
management instructional programs for students. Emphasis
                                                                         Core Knowledge and Severe to Profound Applications
                                                                         (#0545).


                                                                   555               Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                                        RULE
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
R.S. 17:391.1-391.10; R.S. 17:411.                                                  Board of Elementary and Secondary Education
  HISTORICAL NOTE: Promulgated by the Board of
Elementary and Secondary Education, LR 32:1818 (October 2006),                          Bulletin 746—Louisiana Standards for State
amended LR 37:555 (February 2011).                                                      Certification of School Personnel―Alternate
§633.     Requirements to add Visual Impairments/Blind                                          Teacher Preparation Programs
          K-12                                                                                      (LAC 28:CXXXI.243)
   A. Individuals holding a valid early childhood certificate
(e.g., PK-K, PK-3), elementary certificate (e.g., 1-4, 1-5, 1-                      Editor's Note: Section 243 is being reprinted to correct an
6, 1-8), upper elementary or middle school certificate (e.g.,                       error. The original Rule can be viewed on pages 2262-2267 of
                                                                                    the October 20, 2010 Louisiana Register.
4-8, 5-8, 6-8), secondary certificate (e.g., 6-12, 7-12, 9-12),
special education certificate, or All-Level K-12 certificate                    In accordance with R.S. 49:950 et seq., the Administrative
(art, dance, foreign language, health, physical education,                   Procedure Act, the Board of Elementary and Secondary
health and physical education, and music) must achieve the                   Education has amended Bulletin 746—Louisiana Standards
following:                                                                   for State Certification of School Personnel: §233. The
     1. 21 semester hours that pertain to children with                      Practitioner Teacher Program Alternative Path to
visual impairments:                                                          Certification (Minimum Requirements), §235. The Master‘s
        a. educational implications of low vision and                        Degree Program Alternative Path to Certification (Minimum
blindness;                                                                   Requirements),      §237.      Certification-Only    Program
        b. orientation and mobility for the classroom                        Alternative Path to Certification, §241. PRAXIS I SCORES,
teacher;                                                                     §243. ACT/SAT Scores in Lieu of PRAXIS I SCORES,
        c. assessment and evaluation techniques, including                   §611. Requirements to add a Secondary (grades 6-12)
functional vision evaluation and reading media assessment;                   Specialty Core Content Area as defined in the No Child Left
        d. assistive technology for students with visual                     Behind (NCLB) Act of 2001 (English, Math, Foreign
impairments;                                                                 Language, Science, and Social Studies), and §615.
        e. instructional strategies and materials for students               Requirements to Add an All-Level (K-12) Area (Art, Dance,
with visual impairments;                                                     Foreign Language, Health and Physical Education, and
        f. introduction to Braille, including literary and                   Music). This revision of the Praxis examination policy will
Nemeth codes;                                                                allow the replacement of the current Praxis exams in
        g. Braille II;                                                       Business Education and Foreign Languages in French,
     2. three semester hours of internship of students who                   German, and Spanish with new editions of the following
are visually impaired; or three years of successful teaching                 Praxis exams: Business Education: Content Knowledge
experience of students who are visually impaired or blind;                   (#0101), French: World Language (#0174), German: World
     3. a passing score for Praxis Special Education: Core                   Language (#0183) and Spanish: World Language (#0195)
Knowledge and Applications (#0354).                                          effective September 1, 2010. In addition, the revision would
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                             phase out the use of the Principles of Learning and Teaching
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
R.S. 17:391.1-391.10; R.S. 17:411.
                                                                             K-6, 5-9 or 7-12 exams for all-level (grades K-12) foreign
  HISTORICAL NOTE: Promulgated by the Board of                               language candidates with the World Languages Pedagogy
Elementary and Secondary Education, LR 32:1818 (October 2006),               (#0841) effective July 1, 2013. The current Praxis exams
amended LR 37:556 (February 2011).                                           required for Louisiana licensure in Business Education,
                                                                             French German and Spanish will be phased out by
                             Brad Smith                                      Educational Testing Service.
                             Finance/Legislative Specialist                                             Title 28
1102#034                                                                                            EDUCATION
                                                                             Part CXXI. Bulletin 746—Louisiana Standards for State
                                                                                          Certification of School Personnel
                                                                             Chapter 2.      Louisiana Teacher Preparation Programs
                                                                             Subchapter B. Alternate Teacher Preparation Programs

§243. ACT/SAT Scores in Lieu of PRAXIS I SCORES
  A. - B. Table. …
  C. Certification Areas
    1. Grades 6-12 Certification
                                                        Grades 6-12 Certification Areas
                                                                                             Score                                     PLT 7-12
   Agriculture               Agriculture (0700)                      Effective 7/1/05         510           ---            ---           161
   Biology                   Biology & General Science (0030)        Prior to 6/30/05         580           ---            ---           161
                             Biology: Content Knowledge (0235)       Effective 7/1/05         150




                                                                     556                   Louisiana Register Vol. 37, No. 02 February 20, 2011
                                                              Grades 6-12 Certification Areas
                                                                                                       Score                                     PLT 7-12
Business                       Business Education (0100)                     Prior to 5/31/04           540         ---              ---           161
                                                                             Effective 6/1/04           570
                               Business Education: Content                   Effective 9/18/10          154
                               Knowledge (0101)
Chemistry                      Chemistry/Physics/General Science (0070) Prior to 6/30/06               530                                            161
                               Chemistry: Content Knowledge (0245)       Effective 7/1/06              151
English                        English Language, Literature, & Composition:
                                  Content Knowledge (0041)                                             160
                                  Pedagogy (0043)                                                      130          ---              ---              161
Family & Consumer              Family & Consumer Sciences (0120)         Prior to 12/31/08             510          ---              ---              161
Sciences (formerly Home        Family & Consumer Sciences (0121)         Effective 1/1/09              141
Economics)
French                         French (0170)                            Prior to 5/31/04               520      PLT7-12 (Score 161) until 6/30/13;
                               French: Content Knowledge (0173)         Effective 6/1/04               156      After 6/30/13 World Languages Pedagogy
                               French: World Language (0174)            Effective 10/15/10             157      0841 (Score 158)
General Science                Biology & General Science (0030) –OR—                                   580          ---           ---              161
                               Chemistry/Physics/General Science (0070) Prior to 6/30/05               530
                               General Science: Content Knowledge (0435)
                                                                        Effective 7/1/05               156
German                         German (0180)                                                           500      PLT7-12 (Score 161) until 6/30/13;
                               German: Content Knowledge (0181)         Effective 7/1/06               151      After 6/30/13 World Languages
                               German: World Language (0183)            Effective 10/15/10             157      Pedagogy0841 (Score 158)
Mathematics                    Mathematics (0060)                       Prior to 5/31/04               550          ---           ---              161
                               Mathematics: Content Knowledge (0061) Effective 6/1/04                  125
                                                                        Effective 6/1/07               130
                                                                        Effective 6/1/10               135
Physics                        Chemistry/Physics/General Science (0070) Prior to 6/30/06               530                                      161
                               Physics: Content Knowledge (0265)        Effective 7/1/06                 141
School Librarian               Library Media Specialist (0310)          Prior to 9/11/09               560          ---              ---              ---
                               Library Media Specialist (0311)          Effective 9/12/09              136
Social Studies                 Social Studies:                                                                                                        161
                                 Content Knowledge (0081)                                              149          ---              ---
                                 Interpretation of Materials (0083)                                    152
Spanish                        Spanish (0190)                           Prior to 5/31/04               540      PLT7-12 (Score 161) until 6/30/13;
                               Spanish: Content Knowledge (0191)        Effective 6/1/04               160      After 6/30/13 World Languages
                               Spanish: World Language (0195)           Effective 10/15/10             157      Pedagogy0841 (Score 158)
Speech                         Speech Communications (0220)             Effective 7/1/05               575          ---           ---              161
                               Speech Communications (0221)             Effective 9/12/09              146
Technology Education           Technology Education (0050)              Effective 7/1/05               600          ---              ---              161
(formerly Industrial Arts)
Computer Science               At this time, a content area exam is not required for certification      ---         ---              ---              161
Earth Science                  in Louisiana.
 Environmental Science
Journalism
Latin
Marketing (formerly
Distributive Education)


  2.     All-Level K-12 Certification
                                                               All-Level K-12 Certification Areas
                                                                                              Score        PLT K-6          PLT 5-9             PLT 7-12
 Grades K-12 Art           Art: Content Knowledge (0133)                 Effective 7/1/05      155        161      or         154          or        161
 Grades K-12 Dance         None Available**                                                     ---       161      or         154          or        161
                           French (0170)                                 Prior to 5/31/04      520
                           French: Content Knowledge (0173)              Effective 6/1/04      156      PLT K-6 (Score 161) or PLT 5-9 (Score 154) or
 Grades K-12 Foreign French: World Language (0174)                       Effective 10/15/10    157      PL7-12 (Score 161) until 6/30/13;
 Languages                 German (0180)                                                       500
                           German: Content Knowledge (0181)              Effective 7/1/06      151      After 6/30/13 World Languages Pedagogy 0841
                           German: World Language (0183)                 Effective 10/15/10    157      (Score 158)
                           Spanish (0190)                                Prior to 5/31/04      540
                           Spanish: Content Knowledge (0191)             Effective 6/1/04      160
                           Spanish: World Language (0195)                Effective 10/15/10    157
 Grades K-12 Music         Music Education (0110)                        Prior to 5/31/04      530        161        or        154         or          161
                           Music: Content Knowledge (0113)               Effective 6/1/04      151
 Grades K-12 Health        Physical Education (0090)                     Prior to 5/31/04      550        161        or        154         or          161
 and Physical              Phys. Education: Content Knowledge                                  146
 Education                 (0091)                                        Effective 6/1/04
**At this time, a content area exam is not required for certification in Louisiana.



D. - E.Table.      …
                                                                              557                    Louisiana Register Vol. 37, No. 02 February 20, 2011
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      parents; and data-driven decision making or any other
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);         identified needs. Technology will be addressed in all grade
R.S. 17:391.1-391.10; R.S. 17:411.                                         levels.
  HISTORICAL NOTE: Promulgated by the Board of                                D.4. - J. …
Elementary and Secondary Education, LR 32:1833 (October 2006),
amended LR 36:485 and 488 (March 2010), LR 36:2265 (October
                                                                              K. Professional License. A practitioner teacher will be
2010), repromulgated LR 37:556 (February 2011).                            issued a practitioner license in a specific level and area upon
                                                                           entrance to the program and completion of the summer or
                             Brad Smith                                    fall teacher preparation session. The practitioner teacher is
                             Finance/Legislative Specialist                restricted to the specific level and area as designated on the
1102#031                                                                   practitioner license. He/she will be issued a Level 1
                                                                           professional license upon successful completion of all
                             RULE                                          program requirements.
                                                                              L. …
     Board of Elementary and Secondary Education                             AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                           17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
Bulletin 746—Louisiana Standards for State Certification of                R.S. 17:391.1-391.10; R.S. 17:411.
   School PersonnelLouisiana Teacher Assistance and                         HISTORICAL NOTE: Promulgated by the Board of
                                                                           Elementary and Secondary Education, LR 32:1790 (October 2006),
             Assessment Program (LaTAAP)
                                                                           amended LR 34:1387 (July 2008), LR 35:1477 (August 2009), LR
 (LAC 28:CXXXI.233, 303, 305, 307, 309, 315, and 1003)                     37:558 (February 2011).
                                                                           Chapter 3.       Teaching Authorizations and
  In accordance with R.S. 49:950 et seq., the Administrative                                Certifications
Procedure Act, the Board of Elementary and Secondary                       Subchapter A. Standard Teaching Authorizations
Education has amended Bulletin 746—Louisiana Standards                     §303. Introduction
for State Certification of School Personnel: §233. The                       A. - A.6. …
Practitioner Teacher Program Alternative Path to                             B. A Level 1 certificate is the entry-level professional
Certification (Minimum Requirements); §303. Introduction,                  certificate typically held during the first three years of the
§305. Professional Leel Certificates, §307. Type C, B, and A               teaching career.
Certificates, §309. Out-of-State (OS) Certificate, §315.                     AUTHORITY NOTE: Promulgated in accordance with R.S.
Standard Certificates for Teachers in Nonpublic Schools, and               17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
§1003. Acronyms.                                                           R.S. 17:391.1-391.10; R.S. 17:411.
  This revision in policy of Bulletin 746 aligns the state‘s                 HISTORICAL NOTE: Promulgated by the Board of
new evaluation program with standards contained in Act 54                  Elementary and Secondary Education, LR 32:1797 (October 2006),
of the 2010 Louisiana Legislative Session which repeals the                amended LR 37:558 (February 2011).
Louisiana Teacher Assistance and Assessment Program                        §305. Professional Level Certificates
(LaTAAP). This revision in Bulletin 746 clarifies the new                    A. Level 1 is the entry-level professional certificate,
evaluation process.                                                        valid for three years. The Level 2 and Level 3 certificates are
                           Title 28                                        valid for five years, with renewal involving completion of a
                        EDUCATION                                          specified number of continuing learning units (CLUs) of
  Part CXXXI. Bulletin 746—Louisiana Standards for                         professional development.
           State Certification of School Personnel                              1. - 1.d.i.(c). …
Chapter 2.       Louisiana Teacher Preparation Programs                         2. Renewal Guidelines. A Level 1 certificate is valid
Subchapter B. Alternate Teacher Preparation Programs                       for three years and may be renewed upon the request of a
§233. The Practitioner Teacher Program Alternative                         Louisiana employing authority.
          Path to Certification (Minimum Requirements)                       B. Level 2 Professional Certificate—valid for five years
  A. - C.7. …                                                              and renewable with continuing learning units (CLUs) of
  D. Teaching Internship and First-Year Support (12 credit                 approved professional development during the five year
hours or equivalent 180 contact hours)                                     period immediately preceding request for renewal.
     1. …                                                                       1. Eligibility requirements:
     2. For all-level areas (art, dance, foreign language,                         a. …
health and physical education, and music), field experiences                       b. successfully complete the local evaluation plan
should be provided across grades K-12.                                     mandated by Act 54 of the Louisiana 2010 Legislative
     3. For General-Special Education Mild/Moderate                        Session; and
Grades 1-5, Grades 4-8 and Grades 6-12 seminars will cover                   B.1.c. - E.3. …
instructional strategies in core content areas, state reading                AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                           17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
competencies with alignment to state literacy plan;
                                                                           R.S. 17:391.1-391.10; R.S. 17:411.
numeracy strategies; classroom management; lesson plans—                     HISTORICAL NOTE: Promulgated by the Board of
development and implementation; assessment; collaboration                  Elementary and Secondary Education, LR 32:1797 (October 2006),
between special education and general education (e.g., co-                 amended LR 33: 433 (March 2007), LR 34:233 (February 2008),
planning,       co-teaching,       behavior      intervention,             LR 34:1611 (August 2008), LR 35:222 (February 2009), LR
accommodations, services/support); collaboration with                      37:558 (February 2011).



                                                                     558                Louisiana Register Vol. 37, No. 02 February 20, 2011
§307. Type C, B, and A Certificates                                          B. Level 2* (2-asterisk) Certificate—valid for five years
   A. Effective July 1, 2002, these certificates are no longer             and renewable with Continuing Learning Units (CLUs) of
issued for initial certification. The Type C certificate is valid          approved professional development during the five year
for three years and may be renewed upon the request of the                 period immediately preceding request for renewal.
Louisiana employing authority. Teachers who hold Type B                         1. Eligibility requirements:
and Type A lifetime certificates will continue to hold these                       a. - b.     …
certificates.                                                                      c. completed a teacher evaluation program for three
   B. - B.2. …                                                             years at the same nonpublic school, with the principal as
   C. Type B Certificate—a lifetime certificate for                        evaluator and the teacher performance rated as satisfactory
continuous service, provided the holder does not allow any                 in the areas of planning, management, instruction, and
period of five or more consecutive years of disuse to accrue               professional development.
in which he is not a regularly employed teacher for at least                    2. …
one semester, or 90 consecutive days, and/or the certificate is                 3. The Level 2* certificate is valid in a nonpublic
not revoked by the State Board of Elementary and                           school setting. If the teacher enters a Louisiana
Secondary Education (BESE).                                                public/charter school he/she will be required to successfully
     1. Eligibility requirements:                                          complete the local evaluation plan mandated by Act 54 of
        a. hold or meet eligibility requirements for a Type C              the Louisiana 2010 Legislative Session.
certificate;                                                                 C. Level 3* (3-asterisk) Certificate—valid for five years
        b. successfully complete the local evaluation plan                 and renewable with Continuing Learning Units (CLUs) of
mandated by Act 54 of the Louisiana 2010 Legislative                       approved professional development during the five year
Session; and                                                               period immediately preceding request for renewal.
     1.c. - 2. …                                                                1. Eligibility requirements:
   D. Type A Certificate—a lifetime certificate for                                a. - c.     …
continuous service, provided the holder does not allow any                         d. completed a teacher evaluation program for three
period of five or more consecutive years of disuse to accrue               consecutive years at the same nonpublic school, with the
in which he/she is not a regularly employed teacher for at                 principal as evaluator and the teacher performance rated as
least one semester, or 90 consecutive days, and/or the                     satisfactory in the areas of planning, management,
certificate is not revoked by the state Board of Elementary                instruction, and professional development.
and Secondary Education (BESE).                                                 2. …
     1. Eligibility requirements:                                               3. The Level 3* certificate is valid in a nonpublic
        a. …                                                               school setting. If the teacher enters a Louisiana
        b. successfully complete the local evaluation plan                 public/charter school he/she will be required to successfully
mandated by Act 54 of the Louisiana 2010 Legislative                       complete the local evaluation plan mandated by Act 54 of
Session;                                                                   the Louisiana 2010 Legislative Session.
   D.1.c. - E.3. …                                                              4. Renewal Guidelines for Level 2* and Level 3*
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      Certificates
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);                 a. A teacher must complete 150 continuing learning
R.S. 17:391.1-391.10; R.S. 17:411.                                         units (CLUs) of district-approved and verified professional
  HISTORICAL NOTE: Promulgated by the Board of                             development over the five year time period during which
Elementary and Secondary Education, LR 32:1798 (October 2006),
                                                                           he/she holds the certificate, or during the five year time
amended LR 37:559 (February 2011).
                                                                           period immediately preceding the request for renewal. The
§309. Out-of-State (OS) Certificate
                                                                           Louisiana employing authority must request renewal of a
  A. - B.5. …
                                                                           Level 2* or Level 3* certificate.
  C. Advancing from OS to Professional Level 1, 2, or 3
                                                                                   b. A teacher with an existing Level 2* or Level 3*
Certificate
                                                                           teaching certificate may renew that certificate based upon
    1. - 1.c.iv.(b). …
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                           completion of NBC during the period of certificate validity,
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);         as satisfaction in full of the 150 CLUs required for renewal.
R.S. 17:391.1-391.10; R.S. 17:411.                                                 c. If the holder of an expired Level 2* or Level 3*
  HISTORICAL NOTE: Promulgated by the Board of                             certificate has not earned the required 150 CLUs of
Elementary and Secondary Education, LR 32:1799 (October 2006),             professional development, the expired certificate may be
amended LR 33:433 (March 2007), LR 34:1611 (August 2008), LR               reactivated upon request of the employing authority (at the
35:222 (February 2009), LR 35:894 (May 2009), LR 37:559                    level that was attained prior to expiration) for a period of one
(February 2011).                                                           year, during which time the certificate holder must present
§315.    Standard Certificates for Teachers in Nonpublic                   evidence of successful completion of the required 150 CLUs
         Schools                                                           to the Division of Teacher Certification and Higher
  A. A standard certificate with an asterisk (*) following                 Education. Failure to complete necessary CLUs during the
the certificate type is issued to a teacher in a non-public                one year reactivation period will result in an expired
school. The asterisk (*) refers to a statement printed at the              certificate that cannot be reinstated until evidence is
bottom of the certificate: ―If this teacher enters a                       provided of completed professional development
public/charter school system in Louisiana, he/she will be                  requirements.
required to successfully complete the local evaluation plan                        d. A continuing learning unit (CLU) is a
mandated by Act 54 of the Louisiana 2010 Legislative                       professional development activity that builds capacity for
Session‖.
                                                                     559               Louisiana Register Vol. 37, No. 02 February 20, 2011
effective, research-based, content-focused teaching and                      AUTHORITY NOTE: Promulgated in accordance with R.S.
learning that positively impacts student achievement. As a                 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);
unit of measure, the CLU is used to quantify an educator's                 R.S. 17:391.1-391.10; R.S. 17:411.
participation in a district- or system-approved, content-                    HISTORICAL NOTE: Promulgated by the Board of
                                                                           Elementary and Secondary Education, LR 32:1833 (October 2006),
focused professional development activity aligned with the                 amended LR 37:560 (February 2011).
educator's individual professional growth plan.
   D. Type B* (B-asterisk) Certificate—a lifetime
                                                                                                        Brad Smith
nonpublic school certificate for continuous service, provided
                                                                                                        Finance/Legislative Specialist
the holder does not allow any period of five or more                       1102#035
consecutive years of disuse to accrue in which he is not a
regularly employed teacher for at least one semester, or 90                                             RULE
consecutive days, and/or certificate is not revoked by the
Louisiana Board of Elementary and Secondary Education                           Board of Elementary and Secondary Education
(BESE).
      1. Eligibility requirements:                                           Bulletin 996―Standards for Approval of Teacher and/or
        a. - b.    …                                                                Educational Leader Preparation Programs
        c. completed a teacher evaluation program for three                              (LAC 28:XLV.Chapters 3-13)
consecutive years at the same nonpublic school, with the
principal as evaluator and the teacher performance rated as                   In accordance with R.S. 49:950 et seq., the Administrative
satisfactory in the areas of planning, management,                         Procedure Act, the Board of Elementary and Secondary
instruction, and professional development.                                 Education has amended Bulletin 996―Standards for
      2. …                                                                 Approval of Teacher and or Educational Leader Preparation
      3. The Type B* certificate is valid for life of                      Programs: Chapters 3-13. This policy outlines requirements
continuous service in a nonpublic school setting. If the                   for submission, review, and board approval of proposals for
teacher enters a Louisiana public/charter school he/she will               alternate teacher preparation programs and educational
be required to complete the local evaluation plan mandated                 leader programs from non-university private providers.
by Act 54 of the Louisiana 2010 Legislative Session.                       There was a need for policy to be developed that would
   E. Type A* (A-asterisk) Certificate—a lifetime                          provide for a fair and timely review and approval process for
nonpublic school certificate for continuous service, provided              non-university private provider teacher and educational
the holder does not allow any period of five or more                       leader preparation programs.
consecutive years of disuse to accrue in which he is not a                                            Title 28
regularly employed teacher for at least one semester, or 90                                        EDUCATION
consecutive days, and/or certificate is not revoked by the                    Part XLV. Bulletin 996―Standards for Approval of
State Board of Elementary and Secondary Education                               Teacher and/or Educational Leader Preparation
(BESE).                                                                                              Programs
      1. Eligibility requirements:                                         Chapter 3.       State Approval for Public and Private
        a. - c.    …                                                                        University Teacher and/or Educational
        d. completed a teacher evaluation program for three                                 Leader Preparation Units
consecutive years at the same nonpublic school, with the                   §301. Process/Procedures
principal as evaluator and the teacher performance rated as                   A. The Louisiana Department of Education (LDOE) and
satisfactory in the areas of planning, management,                         Board of Regents (BOR) staff reviews proposals from public
instruction, and professional development.                                 and private, new or reinstated teacher and/or educational
      2. …                                                                 leader preparation units/programs for entry into Level I and
      3. The Type A* certificate is valid for life of                      Level II. When an application is judged satisfactory, a
continuous service in a nonpublic school setting. If this                  recommendation is made to BESE and BOR for approval to
teacher enters a Louisiana public school he/she will be                    enter the appropriate level. Upon approval by BESE and
required to successfully complete the local evaluation plan                BOR, the teacher and/or educational leader preparation
mandated by Act 54 of the Louisiana 2010 Legislative                       program will move to the appropriate level.
Session.                                                                      B. The state may conduct scheduled and/or unscheduled
   F. - G.3.    …                                                          reviews of the teacher and/or educational leader preparation
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      unit/program, including on-site visits, at any time during the
17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6);         process.
R.S. 17:391.1-391.10; R.S. 17:411.                                            C. Public and out-of-state private institutions must
  HISTORICAL NOTE: Promulgated by the Board of                             submit duplicate documents to the Board of Regents for
Elementary and Secondary Education, LR 32:1801 (October 2006),             program approval.
amended LR 36:752 (April 2010), LR 37:559 (February 2011).                   AUTHORITY NOTE: Promulgated in accordance with R.S.
Chapter 10. Definitions                                                    17:6(10); R.S. 17:7(6), and R.S. 17:7.2.
§1003. Acronyms                                                              HISTORICAL NOTE: Promulgated by the Board of
                              ***                                          Elementary and Secondary Education, LR 30:2452 (November
  LaTAAP—Repealed.                                                         2004), amended LR 35:2327 (November 2009), LR 37:560
                              ***                                          (February 2011).



                                                                     560               Louisiana Register Vol. 37, No. 02 February 20, 2011
§303. Level I Approval                                                  submitted to the LDOE‘s Division of Teacher Certification
   A. Level I is entered upon approval by BESE and BOR                  and Preparation:
of a proposal submitted to the Department of Education‘s                     1. a narrative describing the missions of the institution
Division of Teacher Certification and Preparation.                      and the teacher and/or educational leader preparation
   B. For public and private institutions of higher                     program, reflecting that the program is an integrated and
education, the proposal will include the following items:               integral part of the university. The narrative should specify
     1. official declaration of intent in the form of a letter          beliefs that drive the institution and unit and may include the
from the head of the institution;                                       knowledge bases from which these beliefs developed;
     2. evidence of regional accreditation status (e.g.                      2. a written description of the professional education
Southern Association of Colleges and Schools);                          unit or education program that is primarily responsible for
     3. a narrative that follows state-approved guidelines,             the preparation of teachers and other professional education
which are available from the Louisiana Department of                    personnel. This may be a chart or a narrative that specifies
Education or the Board of Regents. These guidelines                     all professional education programs offered by the institution
include:                                                                and degrees awarded for each program, and an
        a. documentation describing general education                   organizational chart showing the professional education
classes (e.g., number of general education course hours by              unit's or education program‘s relationship to other
discipline and catalog course descriptions) according to                administrative units within the institution;
Bulletin 746 and R.S. 17:7.1 and 7.2;                                        3. evidence that a dean, director, or chair is officially
        b. documentation describing certification areas to              designated to represent the education unit or education
be offered, with required courses to meet state certification           program and has been assigned authority and responsibility
requirements, according to Bulletin 746 and R.S. 17:7.1 and             for its overall administration and operation (e.g., a job
7.2;                                                                    description for the head of the professional education unit or
        c. evidence of collaboration with school districts,             education program);
including a plan for development of an advisory board of                     4. evidence of written policies and procedures that
community, district and university representatives. The                 guide education unit or education program operation,
written plan should describe how the council would be used              including policies or procedures pertaining to candidates.
and should name members and/or potential members;                       This may be submitted as hard copy (e.g., catalogs,
        d. evidence to show that the institution's governing            handbooks) or as instructions for accessing a website;
structure will endorse and financially support a teacher                     5. a description of the education unit‘s or education
and/or educational leader preparation unit and programs                 program‘s system of monitoring and evaluating its
(e.g., budget detail showing funding sources);                          candidates, programs, operations, and the performance of its
        e. documentation showing expertise of individuals               graduates. This will reflect how the education unit or
directed to guide the unit and its programs (e.g., vitae of the         education program will assess programs, unit effectiveness,
dean or chair, department heads, director of field                      and candidates as well as how the education unit or
experiences, faculty, etc.);                                            education program will provide follow-up data on its
        f. an articulation agreement to transfer credit hours           graduates;
with another Louisiana-approved teacher and/or educational                   6. instrument(s) for assessing candidates for
leader preparation institution that agrees to recommend the             admission to and exit from the teacher and/or educational
institution's candidates for certification, as needed, for              leader preparation program. This would include
continuous progress and program completion.                             requirements for entrance to teacher and/or educational
   C. Upon BESE and BOR approval of the proposal, the                   leader preparation programs, through transition points, and
institution is authorized, for a period of up to one year, to           for successful program completion as well as procedures for
proceed with developing the teacher and/or educational                  remediation, if necessary;
leader preparation unit and programs identified in the                       7. full budget report for the implementation of
proposal, and to admit candidates to programs. This does not            programs, including internal and external sources of funding,
authorize the recommendation of graduates for certification.            and including both hard and soft monies.
   D. External reviews of education programs by a team                     B. Level II must be completed within a period of one to
comprised of national consultants and Board of Regents and              three years. The BESE may grant only one extension, for a
LDOE staff will be conducted to ensure adherence to                     period of one year, when problems are identified that require
guidelines developed and approved by LDOE and the Board                 solution prior to notification of intent to seek full state
of Regents.                                                             approval and national accreditation.
   E. The institution must apply for Level II approval                    AUTHORITY NOTE: Promulgated in accordance with R.S.
within one year, or receive a one-year extension of Level I             17:6(10); R.S. 17:7(6), and R.S. 17:7.2.
from BESE to address unforeseen circumstances.                            HISTORICAL NOTE: Promulgated by the Board of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                   Elementary and Secondary Education, LR 37:561 (February 2011).
17:6(10); R.S. 17:7(6), and R.S. 17:7.2.                                §307. Level III Approval
  HISTORICAL NOTE: Promulgated by the Board of                            A. Level III begins when the teacher and/or educational
Elementary and Secondary Education, LR 37:561 (February 2011).          leader preparation program is notified by the accrediting
§305. Level II Approval                                                 agency that it is eligible for candidacy for national
  A. Level II authorizes the institution to recommend                   accreditation.
candidates for certification, and begins with the joint review            B. A copy of the verification from the national
by the Louisiana Department of Education and Board of                   accrediting agency must be submitted to the Louisiana
Regents and approval by BESE of the following items
                                                                  561               Louisiana Register Vol. 37, No. 02 February 20, 2011
Department of Education‘s Division of Teacher Certification            description of instruments and processes used to assess
and Preparation.                                                       performance;
   C. Within three years or less from the time at which an                  7. a list of proposed resources and materials;
institution is notified of eligibility for candidacy, the unit              8. names and credentials of staff, including curriculum
must host a joint visit with a national accreditation agency           vitae of key personnel;
and state representatives (see guidelines provided by state-                9. an audited financial statement. If one is not
approved national accrediting agencies, identified in §107 of          currently available, then the applicant must submit a written
this document).                                                        assurance that one will be provided within the first year of
   D. The institution remains in Level III until the                   the program. Additionally, the proposal should delineate any
accreditation process is complete.                                     costs to individual program participants and procedures for
  AUTHORITY NOTE: Promulgated in accordance with R.S.                  handling of all fees.
17:6(10); R.S. 17:7(6), and R.S. 17:7.2.                                  C. Private providers are limited to the submission of one
  HISTORICAL NOTE: Promulgated by the Board of                         proposal every 12 months. The 12 month cycle begins on the
Elementary and Secondary Education, LR 37:561 (February 2011).         date that the proposal is received by the Louisiana
§309. Level IV Approval                                                Department of Education.
   A. Level IV begins with notification of final                          D. Private providers with programs established in other
accreditation by the national accrediting agency.                      states must provide verification that their teacher preparation
   B. The LDOE‘s division of teacher certification and                 or educational leader programs are approved in the states in
preparation receives notification of accreditation of the              which they operate. In addition, the following data must be
teacher and/or educational leader preparation program by the           provided:
national accrediting agency. The LDOE will verify that the                  1. number of program completers;
teacher and/or educational leader preparation program meets                 2. certification areas approved and offered in other
state standards and will forward this information to BESE              states;
for final state approval.                                                   3. letters of references from employing school
   C. The BESE will notify the institution of final state              districts; and
approval.                                                                   4. teacher effectiveness data, if available.
   D. The national accrediting agency defines the cycle for              AUTHORITY NOTE: Promulgated in accordance with R.S.
continued accreditation.                                               17:6(10); R.S. 17:7(6), and R.S. 17:7.2.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    HISTORICAL NOTE: Promulgated by the Board of
17:6(10); R.S. 17:7(6), and R.S. 17:7.2.                               Elementary and Secondary Education, LR 37:562 (February 2011).
  HISTORICAL NOTE: Promulgated by the Board of                         §503. Preliminary Review
Elementary and Secondary Education, LR 37:562 (February 2011).           A. Upon receipt, program proposals will undergo a
Chapter 5.        State Approval for Non-University                    preliminary review by the LDOE for completeness.
                  Private Provider Teacher and/or                      Programs that meet all initial submission requirements will
                  Educational Leader Preparation                       undergo the evaluation process by an external and internal
                  Programs                                             team. Programs that don‘t meet all initial submission
§501. Process/Procedures                                               requirements will receive a notice of pending denial.
   A. In-state and out-of-state non-university private                 Applicants will have seven days to provide the required
providers seeking state approval may submit proposals to the           material.
Louisiana Department of Education for a Practitioner                     AUTHORITY NOTE: Promulgated in accordance with R.S.
Teacher Program, Certification-Only Alternate Teacher                  17:6(10); R.S. 17:7(6), and R.S. 17:7.2.
Program and Educational Leader Practitioner Program that                 HISTORICAL NOTE: Promulgated by the Board of
leads to Louisiana licensure as a teacher or educational               Elementary and Secondary Education, LR 37:562 (February 2011).
leader.                                                                §505. Evaluation Process
   B. Proposals must be submitted using the private                       A. A panel of internal and external reviewers will
provider        application      packet      available     at          evaluate written proposals to ensure they meet professional,
www.teachlouisiana.net and must include the following:                 state and national standards for quality and state certification
     1. cover page signed by the program director;                     policy.
     2. program overview briefly describing the program,                  B. An interview with the program provider and
including goals of the program and the design to accomplish            collaborators involved in the development and design of the
the goals;                                                             program will be conducted within 30 days of the receipt of
     3. documentation of collaborative agreements with                 the proposal.
school districts/charter schools to develop and implement the             C. Recommendations relative to approval of the proposal
program, provide mentoring for candidates and improve the              will be sent by the LDOE to the provider. Program proposal
program once implemented;                                              recommendations will be categorized as follows:
     4. a description of the process used to recruit, screen           recommended for approval, recommended for approval with
and select outstanding candidates and support program                  stipulations, or not recommended for approval.
completers;                                                                 1. Recommended for Approval
     5. evidence that the curriculum is aligned to the                         a. A proposal that is recommended for approval
requirements set forth in Bulletin 746―Louisiana Standards             meets all structural and policy req