I. Executive Orders

CONTENTS December 2014

I. EXECUTIVE ORDERS BJ 14-17 Medical Expenses and Examinations Related to the Crime of Sexual Assault...... 2434

II. EMERGENCY RULES Education Board of Elementary and Secondary Education―Bulletin 1530―Louisiana's IEP Handbook for Students with Exceptionalities (LAC 28:XCVII.503 and 505)...... 2436 Student Financial Assistance Commission, Office of Student Financial AssistancePersonally Identifiable Information and TOPS Core Curriculum (LAC 28:IV.113, 301, 502, 703, 803, 1703, 2103, and 2113)...... 2437 Scholarship/Grant ProgramsTOPS Continuation Requirements (LAC 28:IV.301, 501, 503, 505, 507, 701, 703, 705, 801, 805, 1903, and 2103)...... 2446 Scholarship/Grant ProgramsTOPS Tech Early Start Award (LAC 28:IV.1003)...... 2456 Tuition Trust Authority, Student Financial Assistance CommissionSTART Savings Program (LAC 28:VI.301).2457 Governor Division of Administration, Property Assistance AgencyElectronic Media Sanitization (LAC 34:VII.307 and 509)...... 2457 Division of Administration, Tax CommissionAd Valorem Taxation (LAC 61:V.101, 304, 703, 907, 1103, 1307, 1503, 2503, 3101, 3103, 3105, 3106, 3107 and 3501)...... 2458 Health and Hospitals Board of PharmacyPharmacy Compounding (LAC 46:LIII.Chapter 25)...... 2471 Bureau of Health Services FinancingDisproportionate Share Hospital Payments Louisiana Low-Income Academic Hospitals (LAC 50:V.Chapter 31)...... 2472 Family Planning Services (LAC 50:XV.Chapters 251-255)...... 2474 Home and Community-Based Services WaiversResidential Options Waiver (LAC 50:XXI.Chapters 161-169)...... 2475 Laboratory and Radiology ServicesReimbursement MethodologyManual Pricing (LAC 50:XIX.Chapter 43)...... 2490 Medicaid EligibilityMedically Needy ProgramBehavioral Health Services (LAC 50:III.2313)...... 2491 Medical Transportation ProgramEmergency Aircraft Transportation Rotor Winged Ambulance Services Rate Increase (LAC 50:XXVII.353)...... 2493 Nursing FacilitiesLicensing Standards (LAC 48:I.9704, 9707, and Chapter 99)...... 2493 Nursing FacilitiesReimbursement MethodologySupplemental Payments (LAC 50:II.20029)...... 2498 Personal Care ServicesLong-TermFreedom of Choice and Service Delivery (LAC 50:XV.12901 and 12913)...... 2499 Professional Services ProgramPhysicians ServicesReimbursement Methodology (LAC 50:IX.15113)....2500 Professional Services ProgramPhysicians ServicesReimbursement Methodology (LAC 50:IX.15113)....2500 State Children’s Health Insurance ProgramLaCHIP Affordable Plan Benefits Administration (LAC 50:III.Chapter 205)...... 2502 Therapeutic Group Homes (LAC 50:XXXIII.12101 and 12501)...... 2503 Office for Citizens with Developmental DisabilitiesHome and Community-Based Services Waivers Residential Options Waiver (LAC 50:XXI.Chapters 161-169)...... 2475 Office of Aging and Adult ServicesPersonal Care ServicesLong-Term Freedom of Choice and Service Delivery (LAC 50:XV.12901 and 12913)...... 2499 Office of Behavioral HealthTherapeutic Group Homes (LAC 50:XXXIII.12101 and 12501)...... 2503 Public Safety and Corrections Liquefied Petroleum Gas CommissionNational Fire Protection Association Pamphlet Numbers 54 and 58 (LAC 55:IX.181)...... 2504 Wildlife and Fisheries Wildlife and Fisheries CommissionLarge and Small Coastal Shark Commercial Season Opening...... 2504 Partial Closure of State Outside Waters to Shrimping...... 2505 Recreational and Commercial Fisheries Reopenings...... 2505

This public document was published at a total cost of $2,625. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $2,625. The total cost of all printings of this document including reprints is $2,625. This document was published by Moran Printing, Inc. 5425 Florida Boulevard, Baton Rouge, LA 70806, as a service to the state agencies in keeping them cognizant of the new rules and regulations under the authority of R.S. 49:950-971 and R.S. 49:981-999. This material was printed in accordance with standards for printing by state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the Louisiana Revised Statutes.

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i Louisiana Register Vol. 40, No. 12 December 20, 2014 III. RULES Education Board of Elementary and Secondary EducationBulletin 111—The Louisiana School, District, and State Accountability System (LAC 28:LXXXIII.301, 515, 519, 703, 705, 707, 3901, 3905, and 4310)...... 2507 Bulletin 118―Statewide Assessment Standards and Practices (LAC 28:CXI.107, 303, 305, 309, 312, 313, 316, 319, 701, 1301, 1803, 2000, 2001, 2003, 2011, 2012, 2013, 2014, 2015, 2016, 2035, 2037, 2039, 2501, 2901, 3303, and 3501)...... 2509 Bulletin 119—Louisiana School Transportation Specifications and Procedures (LAC 28:CXIII.301, 303, 2303, and Chapter 25)...... 2516 Bulletin 126―Charter Schools (LAC 28:CXXXIX.309)...... 2517 Bulletin 132―Louisiana Course Choice Program (LAC 28:CLI.103, 301, 303, 501, 503, 505, 507, 701, 1101, and 1301)...... 2518 Bulletin 133―Scholarship Programs (LAC 28:CLIII.101, 301, 501, and 1101)...... 2520 Bulletin 741—Louisiana Handbook for School Administrators—Career Diploma and Promotion of Students with Exceptionalities (LAC 28: CXV.901, 2319, and 2397)...... 2522 Bulletin 741—Louisiana Handbook for School Administrators—Curriculum and Instruction (LAC 28:CXV.Chapter 23)...... 2524 Bulletin 741—Louisiana Handbook for School Administrators—Dating Violence and Student Code of Conduct (LAC 28:CXV.1129 and 1302)...... 2529 Bulletin 741Louisiana Handbook for School Administrators—High Schools (LAC 28:CXV.2317)...... 2530 Bulletin 741—Louisiana Handbook for School Administrators—Instruction in Cardiopulmonary Resuscitation and Automated External Defibrillators (LAC 28:CXV.337, 2305, and 2347)...... 2530 Bulletin 1530―Louisiana's IEP Handbook for Students with Exceptionalities (LAC 28:XCVII.Chapter 4)...... 2531 Bulletin 1566―Pupil Progression Policies and Procedures (LAC 28:XXXIX.503 and 705)...... 2533 Bulletin 1706―Regulations for Implementation of the Children with Exceptionalities Act (LAC 28:XLIII.133)...... 2533 Nonpublic Bulletin 741Louisiana Handbook for Nonpublic School Administrators (LAC 28:LXXIX.2109 and Chapter 23)...... 2535 Environmental Quality Office of the Secretary, Legal DivisionIncorporation by ReferenceExisting Sewage Sludge Incineration Units (LAC 33:III.3003)(AQ350ft)...... 2540 Governor Auctioneers Licensing BoardLicenseApprentice Auctioneer (LAC 46:III.Chapter 11)...... 2540 Board of Examiners of Interior DesignersExamination and Registration (LAC 46:XLIII.Chapter 9)...... 2542 Division of Administration, Office of State PurchasingProcurement (LAC 34:V.901, 2503, 2506, 2521, 2534, 2545-2549, 2587-2596, and 3103)...... 2544 Reorganization of Procurement Regulations (LAC 34:V.Chapters 1-27)...... 2547 Division of Administration, Office of State Uniform PayrollCharitable Organization Requirements and Responsibilities (LAC 4:III.1111)...... 2574 Licensing Board for ContractorsContractors (LAC 46:XXIX.Chapters 1-15)...... 2574 Health and Hospitals Board of Optometry ExaminersAuthorized Ophthalmic Surgery Procedures (LAC 46:LI.107, 503 and 801)....2578 Board of Practical Nurse ExaminersRegular Admissions; Advanced Standing; Licensure; Fees (LAC 46:XLVII.937, 939 and 1715)...... 2577 Bureau of Health Services FinancingAdult Day Health CareStandards for Payment (LAC 50:II.Chapter 109)...... 2581 Home and Community-Based Services WaiversSupports Waiver (LAC 50:XXI.5301, 5501, 5503, and Chapters 57-61)...... 2583 Intermediate Care Facilities for Persons with Developmental DisabilitiesPublic Facilities Reimbursement Methodology (LAC 50:VII.32969)...... 2588 Prohibition of Provider Steering of Medicaid Recipients (LAC 50:I.Chapter 13)...... 2589 Emergency Response NetworkRequirements for Stroke Center Recognition and STEMI Receiving/Referral Centers Recognition (LAC 48:I.Chapters 187 and 189)...... 2590 Office for Citizens with Developmental DisabilitiesHome and Community-Based Services Waivers Supports Waiver (LAC 50:XXI.5301, 5501, 5503, and Chapters 57-61)...... 2583 Office of Aging and Adult ServicesAdult Day Health CareStandards for Payment (LAC 50:II.Chapter 109). 2581 Insurance Office of the CommissionerApproved Assurance Organizations (LAC 37:XIII.Chapter 145)...... 2592 Natural Resources Office of Coastal ManagementCoastal Mitigation (LAC 43:I.724)...... 2594 Coastal Use Permits (LAC 43:I.723)...... 2595 Office of ConservationE and P Waste for Hydraulic Fracture StimulationStatewide Order No. 29-B (LAC 43:XIX.311 and 313)...... 2596 Statewide Order No. 29-BTwo Well Tests Per Year Requirement (LAC 43:XIX.121 and 137)...... 2596

Louisiana Register Vol. 40, No. 12 December 20, 2014 ii Public Safety and Corrections Corrections ServicesAmeliorative Penalty Consideration (LAC 22:I.321)...... 2599 Offender Incentive Pay and Other Wage Compensation (LAC 22:I.331)...... 2600 Office of Motor VehiclesDealer, Educator, and Retired Law Officer Plates (LAC 55:III.Chapter 3)...... 2602 Driving Schools—Class D and E Licenses (LAC 55:III.Chapter 1)...... 2603 Driving Schools—Surety Bonds (LAC 55:III.146 and 147)...... 2603 Electronic Reporting of Interlock Installation (LAC 55:III.Chapter 4)...... 2604 Removal of License Plate when Owner/Operator is Suspended (LAC 55:III.329)...... 2607 Title Transactions (LAC 55:III.395 and 397)...... 2607 Office of State PoliceExplosives—Inventory Reporting and Recordkeeping (LAC 33:V.10107 and LAC 55:I.1505)...... 2608 Uniform Construction Code Council—Uniform Construction Code (LAC 55:VI.301 and 901)...... 2609 Revenue Policy Services DivisionIncome Tax Credits for Solar Energy Systems (LAC 61:I.1907)...... 2611 Remittance of Tax under Protest, Suits, or Petitions to Recover (LAC 61:I.4907)...... 2615 Transportation and Development Office of OperationsFerry Operations (LAC 70:XXV.Chapter 1)...... 2597 Wildlife and Fisheries Wildlife and Fisheries CommissionLouisiana Wild Seafood Certification Program (LAC 76:I.703)...... 2616 Possession of Potentially Dangerous Wild Quadrupeds, Big Exotic Cats, and Non-Human Primates (LAC 76:V.115)...... 2616

IV. NOTICE OF INTENT Agriculture and Environmental Sciences Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed CommissionSeeds (LAC 7:XIII.121, 719 and 767)...... 2618 Children and Family Services Economic Stability Section¾TANF Use of Benefits and Fines for Retailers (LAC 67:III.405)...... 2622 Education Board of Elementary and Secondary Education¾Bulletin 1530¾Louisiana’s IEP Handbook for Students with Exceptionalities¾Alternate Assessments (LAC 28:XCVII.503 and 505)...... 2624 Student Financial Assistance Commission, Office of Student Financial Assistance¾Scholarship/Grant Programs¾Personally Identifiable Information and TOPS Core Curriculum (LAC 28:IV.113, 301, 502, 703, 803, 1703, 2103, and 2113)...... 2626 Scholarship/Grant Programs¾TOPS Continuation Requirements (LAC 28:IV.301, 501, 503, 505, 507, 701, 703, 705, 801, 805, 1903, and 2103)...... 2635 Scholarship/Grant Programs¾TOPS Tech Early Start Award (LAC 28:IV.1003)...... 2646 Tuition Trust Authority, Office of Student Financial Assistance¾START Saving Program (LAC 28:VI.301)...... 2647 Environmental Quality Office of the Secretary, Legal Division¾Environmental Assessment¾Reissued Permits (LAC 33:IX.2905)(WQ090)...... 2649 Governor Division of Administration, Racing Commission¾Controlled Medication (LAC 35:I.1725)...... 2650 Pre-Race Testing (LAC 35:I.1787)...... 2651 Therapeutic and/or Nonsteroidal and/or Anti-Inflammatory Medication (LAC 35:I.1505)...... 2652 Division of Administration, Tax Commission¾Ad Valorem Taxation (LAC 61:V.101, 304, 703, 907, 1103, 1307, 1503, 2503, 3101, 3103, 3105, 3106, 3107, and 3501)...... 2653 Office of Financial Institutions¾Lender Education (LAC 10:XI.Chapter 11)...... 2654 Health and Hospitals Board of Embalmers and Funeral Directors¾License, Internship and Inspection (LAC 46:XXXVII.707, 901, 903, 907, 909, 1107 and 2001)...... 2656 Board of Pharmacy¾Dispenser Reporting to Prescription Monitoring Program (LAC 46:LIII.2901 and 2911).....2658 Expiration Date of Schedule II Prescriptions (LAC 46:LIII.2745 and 2747)...... 2660 Bureau of Health Services Financing¾Abortion Facilities¾Licensing Standards (LAC 48:I.Chapter 44)...... 2662 Free-Standing Birthing Centers (LAC 50:XV.Chapters 265-271)...... 2685 Intermediate Care Facilities for Persons with Intellectual Disabilities¾Provider Fee Increase (LAC 50:VII.32903)...... 2686 Laboratory and Radiology Services¾Reimbursement Methodology¾Manual Pricing (LAC 50:XIX.Chapter 43)...... 2688 Personal Care Services¾Long-Term¾Freedom of Choice and Service Delivery (LAC 50:XV.12901 and 12913)...... 2689 Professional Services Program¾Physicians ServicesReimbursement Methodology (LAC 50:IX.15113)....2691 Office of Aging and Adult Services¾Personal Care Services¾Long-Term¾Freedom of Choice and Service Delivery (LAC 50:XV.12901 and 12913)...... 2689

iii Louisiana Register Vol. 40, No. 12 December 20, 2014 Natural Resources Office of Conservation¾Carbon Dioxide Enhanced Oil Recovery (LAC 43:XIX.405)...... 2692 Extending Commercial Facilities and Transfer Stations Setbacks under Statewide Order No. 29-B (LAC 43:XIX.507)...... 2694 Public Safety and Corrections Liquefied Petroleum Gas Commission¾National Fire Protection Association Pamphlet Numbers 54 and 58 (LAC 55:IX.181)...... 2695 Revenue Policy Services Division¾New Markets Jobs Ac¾Premium Tax Credit (LAC 61:I.1912)...... 2696 Penalty Waiver (LAC 61:III.2101)...... 2699 Voluntary Disclosure Agreements (LAC 61:III.2103)...... 2701 State Elections Division¾Merit Evaluation for Registrars of Voters (LAC 31:II.Chapter 1)...... 2703 Wildlife and Fisheries Wildlife and Fisheries Commission¾Recreational Offshore Landing Permit (LAC 76:VII.377)...... 2705 Workforce Commission Office of Workers’ Compensation¾Outlier Reimbursement and Appeals Procedures (LAC 40:I.2519)...... 2706

V. POTPOURRI Governor Board of Tax Appeals¾Procedures for Out-of-State Attorneys, Fee Schedule and Local Tax Division...... 2708 Division of Administration, Office of Technology Services¾OTS IT Bulletin...... 2708 Licensing Board for Contractors¾Substantive Change—Construction Management (LAC 46:XXIX.119)...... 2709 Office of Financial Institutions¾Judicial Interest Rate for 2015...... 2709 Health and Hospitals Board of Veterinary Medicine¾Spring/Summer Examination Dates...... 2709 Emergency Response Network¾LERN Destination Protocol: TRAUMA...... 2710 Office of Aging and Adult Services, Division of Adult Protective Services Adult Protective Services Agency (LAC 48:I.Chapter 171)...... 2711 Natural Resources Office of Conservation¾Orphaned Oilfield Sites...... 2711

II. INDEX ...... 2714

Louisiana Register Vol. 40, No. 12 December 20, 2014 iv Executive Orders

EXECUTIVE ORDER BJ 14-17 accordance with the laws and the administrative rules promulgated by them; Medical Expenses and Examinations WHEREAS, Executive Order BJ 2014–14 directed Related to the Crime of Sexual Assault the Board of Regents and the Crime Victims Reparations Board to review and revise its policies and procedures WHEREAS, Article I, Section 1 of the Louisiana according to best practices and it is the goal of this Constitution is titled “Origin and Purpose of Government”, administration that a victim of sexual assault not be billed and provides for the financial cost of forensic or other testing incident to “All government, of right, originates with the people, is the crime whether the victim reports the crime to law founded on their will alone, and is instituted to protect the enforcement or not, that such bills be sent for payment rights of the individual and for the good of the whole. Its directly to the Crime Victims Reparations Board, and that only legitimate ends are to secure justice for all, preserve this outcome will require a change in statutory law; peace, protect the rights, and promote the happiness and WHEREAS, it is incumbent upon the public officers general welfare of the people. The rights enumerated in this and agencies, with a role to play in bringing the perpetrators Article are inalienable by the state and shall be preserved to justice and assisting the victims in their recovery, to inviolate by the state.”; coordinate their efforts to ensure that this vital issue is WHEREAS, Article IV, Section 5 establishes the addressed immediately. governor as the chief executive officer of the State and NOW THEREFORE, I, BOBBY JINDAL, Governor of charged with the duty to faithfully support the constitution the State of Louisiana, by virtue of the authority vested by and laws of the State and see that the laws are faithfully the Constitution and laws of the State of Louisiana, do executed; hereby order and direct as follows: WHEREAS, sexual assault is a horrendous crime that SECTION 1: The Crime Victims Reparations Board, creates physical and emotional damage to victims, for which in consultation with the Louisiana Commission on Law special measures must be taken by every public officer and Enforcement, shall review and revise its administrative rules, agency in this state in order to bring the perpetrators to policies, and practices to develop a defined list of eligible justice and assist the victims in their recovery; medical expenses related to the forensic medical WHEREAS, the Louisiana Commission on Law examination provided to victims of sexual assault for which Enforcement and Administration of Criminal Justice, a such victims of sexual assault may assign, or otherwise statutorily created agency in the executive branch, is transfer, his or her right to collect these specific expenses responsible for bringing together persons familiar with law from the Crime Victims Reparations Board to the hospital or enforcement and the administration of criminal justice for health care provider that conducts the forensic medical the purpose of studying and encouraging the adoption of examination or provides medical services related to the methods by which law enforcement can be made more sexual assault. Upon assignment or transfer of this right, the effective and justice administered more efficiently and fairly hospital or health care facility may apply on behalf of the so that the citizens of this state may be more fully protected. victim and the agency may pay such eligible expenses WHEREAS, the Crime Victims Reparations Board, directly to the hospital or health care facility. created in statute under the jurisdiction of the Louisiana SECTION 2: The Crime Victims Reparations Board Commission on Law Enforcement and Administration of shall exercise its statutory discretion, as provided for in R.S. Criminal Justice, is responsible for assisting victims of crime 46:1806, to revise its administrative rules, policies, and with the financial losses caused by the crime, and is charged practices to extend the time period by which a victim has with administering this vital program in accordance with law reported an act of sexual assault to the appropriate law and the administrative rules which it has promulgated; enforcement officers from 72 hours to 1 year in order to WHEREAS, the Department of Health and Hospitals, make a claim for reparations. which is created within the executive branch, is responsible SECTION 3: The Department of Health and for protecting and promoting the health of the people of this Hospitals and the Department of Public Safety shall jointly state by ensuring access to preventative, medical, and convene a group to review and formulate a definition for rehabilitative services; “Forensic Medical Exam” as it relates to the crime of sexual WHEREAS, the Department of Public Safety, which assault in order to ensure that all charges related to such is also statutorily created within the executive branch, is forensic medical exam including, but not limited to responsible for protecting the health and safety of the people emergency room charges, hospital stay charges, and of this state by providing functions related to the physician charges are included in that definition such that enforcement of laws of the state and the maintenance of those expenses are not chargeable to the sexual assault investigations; victim. The Department of Health and Hospitals and the WHEREAS, both the Department of Health and Department Public Safety shall further jointly revise such Hospitals and the Department of Public Safety are administrative rules, policies, and practices in accordance responsible for carrying out their statutory duties in with their findings as they pertain to victims of sexual assault.

v Louisiana Register Vol. 40, No. 12 December 20, 2014 SECTION 4: The Department of Health and SECTION 6: All departments, budget units, agencies, Hospitals, through the medical directors of each of its nine offices, entities, and officers of the executive branch of the (9) regional Health Service Districts, shall coordinate a State of Louisiana are authorized and directed to cooperate sexual assault response plan for each district and shall in the implementation of the provisions of this Order. submit such plan to the Secretary by February 1, 2015. The SECTION 7: Nothing in this Order shall be applied in plan shall include existing resources and infrastructure and a manner which violates, or is contrary to, the Fair Labor shall clearly outline the entity responsible for the purchase of Standards Act (FLSA), the Family and Medical Leave Act sexual assault examination kits, the standards and (FMLA), the Health Insurance Portability and procedures for the storage of such kits, and the standards, Accountability Act (HIPAA), or any other applicable federal and procedures for a woman to receive a sexual assault or state law, rule, or regulation. examination to ensure access to a forensic medical SECTION 8: The Order is effective December 9, examination in every parish. The plan shall further outline 2014 and shall remain in effect modified, terminated, or the standards and procedures for the handling and payment rescinded by the Governor, or terminated by operation of of medical bills related to the sexual assault examination to law. clarify and ensure that those standards and procedures are in IN WITNESS WHEREOF, I have set my hand compliance with the law. officially and caused to be affixed the Great Seal of SECTION 5: The Department of Health and Louisiana, at the Capitol, in the City of Baton Rouge, on this Hospitals and the Department of Public Safety are jointly 9th day of December, 2014. directed to convene a group to review and formulate the minimum standards and requirements for the contents of a Bobby Jindal sexual assault examination kit, including the accompanying Governor paperwork to be included therein, with the intent of creating ATTEST BY a kit that that is shelf stable and has no expiration date. The THE GOVERNOR Department of Health and Hospitals and the Department Tom Schedler Public Safety shall further jointly revise such administrative Secretary of State rules, policies, and practices in accordance with their 1412#115 findings as they pertain to victims of sexual assault.

Louisiana Register Vol. 40, No. 12 December 20, 2014 vi Emergency Rules

DECLARATION OF EMERGENCY ased on the determination of the IEP team. The IEP team ma y decide that the student will participate in the LAA 2 assess Board of Elementary and Secondary Education ment in one or more content areas and at the same time parti cipate in the regular statewide assessment (iLEAP/LEAP/GE Bulletin 1530―Louisiana's IEP Handbook for Students with E) for the remaining content areas required at the student's e Exceptionalities (LAC 28:XCVII.503 and 505) nrolled grade. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 The Board of Elementary and Secondary Education (BES 1941 et seq. E) has exercised the emergency provision in accordance with HISTORICAL NOTE: Promulgated by the Board of Elementar R.S. 49:953(B), the Administrative Procedure Act, and R.S. y and Secondary Education, LR 35:2343 (November 2009), LR 41: 17.6 to amend LAC 28: XCVII, Bulletin 1530—Louisiana’s §505. Alternate Assessment Participation Criteria IEP Handbook: §503. Types of Alternate Assessments and § A. LEAP Alternate Assessment, Level 1 (LAA1) 505. Alternate Assessment Participation Criteria. This Declar 1. The student has a disability that significantly impac ation of Emergency, effective December 11, 2014, will remai ts cognitive function and/or adaptive behavior. This may be n in effect for a period of 120 days. demonstrated in the following ways: The Elementary and Secondary Education Act (ESEA) all a. For students who have not completed the fifth gra ows states to assess one percent of the student population on de, an eligible student is functioning three or more standard an alternate assessment based on alternate achievement stand deviations below the mean in cognitive functioning and/or a ards. In Louisiana, this assessment is known as the Louisiana daptive behavior. Alternate Assessment, Level 1, or the LAA 1. ESEA stipulat b. For students who have completed fifth grade, an es that only students with the most significant cognitive disa eligible student is functioning 2.3 or more standard deviation bilities may be assessed on alternate achievement standards, s below the mean in cognitive functioning and/or adaptive be however, the federal regulations give states the responsibility havior. of developing criteria to define this population. After discuss c. Students who have completed the fifth grade func ions with parents, educators, advocates, the Special Educatio tioning between 2.0 and 2.29 or more standard deviations bel n Advisory Panel, and the Superintendents' Advisory Counci ow the mean in cognitive functioning and/or adaptive behavi l, the LDE recommends these revisions to the LAA 1 partici or may be eligible for LAA 1 participation if the IEP team pr pation criteria. ovides additional empirical evidence a LAA 1 identification As expressed by numerous stakeholders, a delay in promul is appropriate for the student. gating these rules would result in students with disabilities n 2. The student requires extensive modified instruction ot being able to take the LAA 1 assessment in 2014-2015 or aligned with the Louisiana Extended Standards to acquire, m being required to take regular assessments that are inappropr aintain, and generalize skills. iate for them. 3. The decision to include the student in LAA 1 is not Title 28 solely based on the following: EDUCATION a. student's placement; Part XCVII. Bulletin 1530―Louisiana's IEP Handbook b. excessive or extended absences; for Students with Exceptionalities c. disruptive behavior; Chapter 5. Participation in Statewide Assessments d. English language proficiency; §503. Types of Alternate Assessments e. student's reading level; A. LEAP Alternate Assessment, Level 1 (LAA 1), was de f. student's disability according to Bulletin 1508; veloped for students with disabilities who are served under I g. social, cultural, and/or economic differences; DEA for whom there is evidence that the student has a signif h. anticipated impact on school performance scores; icant cognitive disability. LAA 1 is a performance-based ass i. administrative decision; essment designed for students whose instructional program i j. expectation that the student will not perform well s aligned with the Louisiana Extended Standards. on the LEAP, iLEAP, GEE or LAA 2. B. LEAP Alternate Assessment, Level 2 (LAA 2) based o B. - B.4.j. … n modified academic achievement standards, was developed AUTHORITY NOTE: Promulgated in accordance with R.S. 17 for students with persistent academic disabilities who are ser 1941 et seq. ved under IDEA to participate in academic assessments that HISTORICAL NOTE: Promulgated by the Board of Elementar are sensitive to measuring progress in their learning. There is y and Secondary Education, LR 35:2343 (November 2009), amend ed LR 37:886 (March 2011), LR 41: evidence the student is having significant academic difficulti es in English language arts, reading and/or mathematics. LA Charles E. “Chas” Roemer, IV A 2 is a criterion-referenced assessment designed for student President s whose instructional program is aligned with the Louisiana 1412#117 Content Standards. 1. A student who meets the LAA 2 Participation Criter ia may test in all or in one or more content areas of LAA 2, b

7 Louisiana Register Vol. 40, No. 12 December 20, 2014 DECLARATION OF EMERGENCY requirements for state and federal financial aid programs a dministered by LASFAC, and when required by law for use i Student Financial Assistance Commission n preparing and submitting reports required by state and fede Office of Student Financial Assistance ral law. B. LASFAC is required by the TOPS statute to inform “a Personally Identifiable Information ll students of the availability of the assistance...early enough and TOPS Core Curriculum in their schooling that a salutary motivational effect is possib (LAC 28:IV.113, 301, 502, 703, 803, 1703, 2103, and 2113) le.” C. It is the intent and policy of LASFAC that: The Louisiana Student Financial Assistance Commission 1. LOSFA will collect and maintain only that PII nece (LASFAC) is exercising the emergency provisions of the Ad ssary to fulfill LASFAC’s program responsibilities and dutie ministrative Procedure Act [R.S. 49:953(B)] to amend and r s, including but not limited to: e-promulgate the rules of the scholarship/grant programs [R. a. providing information to participating students be S. 17:3021-3025, R.S. 3041.10-3041.15, and R.S. 17:3042.1. ginning in the eighth grade that will guide and motivate stud 1-3042.8, R.S. 17:3048.1, and R.S. 56:797.D(2)]. ents to prepare for and to achieve eligibility for financial aid This rulemaking implements Act 837 of the 2014 Regular programs to attend postsecondary education; Session of the Louisiana Legislature by providing policies a b. determining the initial eligibility of participating nd procedures for the collection, receipt, use, protection and students for financial aid; destruction of personally identifiable information. These pro c. determining the continuing eligibility of students cedures include requirements for consent from a parent or gu awarded financial aid; ardian for the public schools to collect and disclose certain p d. making payments for students who have been aw ersonally identifiable information related to eighth through t arded financial aid; and welfth grade students to LOSFA to make it possible for the a e. submitting reports and assessments required by st gency to guide and motivate these students to prepare for an ate or federal law regarding the effectiveness of the financial d achieve eligibility for college financial aid programs, and t aid programs administered by LOSFA; o allow LOSFA to determine eligibility for financial aid prog 2. LOSFA will maintain and comply with policies and rams, including the Taylor Opportunity Program for Students procedures to protect PII from disclosure to third parties/enti (TOPS). ties that have not been authorized to have access by: This rulemaking implements Acts 566, 733, and 737 of the a. state or federal law; 2014 Regular Session of the Louisiana Legislature by amend b. the parent or legal guardian of the person to who ing the TOPS Core Curriculum, including provisions for add m the PII applies, if the person is not at least 18 years old or itional credit for certain advance placement courses; and the judicially emancipated or emancipated by marriage; or TOPS Tech Core Curriculum, including the deletion of a req c. the person to whom the PII applies, if the person uirement to earn one unit of chemistry or applied chemistry. is at least 18 years old or judicially emancipated or emancipa This rulemaking extends the maximum length of an excep ted by marriage; tion for parental leave to the equivalent of one academic yea 3. LOSFA will ensure that LOSFA employees will hav r (college) per pregnancy. e access only to that PII that is necessary to perform their dut The Emergency Rule is necessary to implement changes t ies; o the scholarship/grant programs to allow the Louisiana Offi 4. LOSFA will provide information to parents, legal g ce of Student Financial Assistance and state educational insti uardians, students and schools regarding: tutions to effectively administer these programs. A delay in p a. requirements for consenting to the release of PII t romulgating rules would have an adverse impact on the finan o LOSFA; cial welfare of the eligible students and the financial conditio b. possible college access advantages provided to st n of their families. LASFAC has determined that these emer udents by consenting to the release of PII to LOSFA; and gency rules are necessary in order to prevent imminent finan c. adverse consequences of withholding consent for cial peril to the welfare of the affected students. release of PII to LOSFA; This Declaration of Emergency is effective November 18, 5. LOSFA will develop and use consent forms that inf 2014, and shall remain in effect for the maximum period allo orm students, parents, and legal guardians of: wed under the Administrative Procedure Act. (SG15159E) a. purpose(s) for which the PII will be used; Title 28 b. who will have access to the PII; EDUCATION c. how long the PII will be retained by LOSFA; and Part IV. Student Financial Assistance―Higher d. how the PII will be destroyed at the end of the ret Education Scholarship and Grant Programs ention period; Chapter 1. Scope 6. LOSFA will destroy PII that is no longer necessary §113. Personally Identifiable Information (PII) to fulfill LASFAC’s program responsibilities and duties. A. LASFAC recognizes that personally identifiable infor AUTHORITY NOTE: Promulgated in accordance with R.S. 17 mation must be collected and maintained to determine wheth 3021-3036. er a student meets the initial and continuing eligibility HISTORICAL NOTE: Promulgated by the Student Financial A ssistance Commission, Office of Student Financial Assistance, LR 41:

Louisiana Register Vol. 40, No. 12 December 20, 2014 8 Chapter 3. Definitions mplete the TOPS core curriculum by the total units earned to §301. Definitions complete the TOPS core curriculum. A. Words and terms not otherwise defined in this Chapte r shall have the meanings ascribed to such words and terms i Quality points equal the credit for the course multiplied by the n this Section. Where the masculine is used in these rules, it i value assigned to the letter grade. ncludes the feminine, and vice versa; where the singular is u The quality points for courses used to complete the TOPS core sed, it includes the plural, and vice versa. curriculum, except for Advanced Placement, International * * * Baccalaureate, Gifted and Talented, Honors, Articulated Courses for College Credit and Dual Enrollment courses Articulated Courses for College Creditcourses offere approved by the Board of Regents and the State Board of d by the Louisiana School for Math, Science and the Arts for Elementary and Secondary Education, used to complete the which eligible Louisiana colleges have agreed to give colleg TOPS core curriculum on a 5.00 scale, shall be converted to a e credit if the student successfully completes the course and 4.00 scale utilizing the following formula: attends a participating college. An “A” shall equal 4.0. * * * A “B” shall equal 3.0. Honors Coursesa rigorous high school course used to A “C” shall equal 2.0. complete the TOPS core curriculum approved as an honors c A “D” shall equal 1.0. An “F” shall equal zero (“0.0”). ourse for grading on a 5.00 scale by the Board of Elementar y and Secondary Education and the Board of Regents. The quality points for Advanced Placement, International * * * Baccalaureate, Gifted and Talented, Honors, Articulated Legal Guardian― Courses for College Credit and Dual Enrollment courses approved by the Board of Regents and the State Board of a. an adult appointed by a court of competent jurisdi Elementary and Secondary Education used to complete the ction to have custody and care of a minor, and who demonstr TOPS core curriculum shall be converted to a 5.00 scale as ates the requirement to provide the primary support for such follows: minor. Also referred to as a court ordered custodian; An “A” shall equal 5.0. b. for the purposes of consenting to the collection a A “B” shall equal 4.0. nd disclosure of personally identifying information, the stud A “C” shall equal 3.0. ent's parent, legal guardian, or other person responsible for t A “D” shall equal 2.0. he student. An “F” shall equal zero (“0.0”). * * * * * * AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Personally Identifiable Information or PII―personal inf 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. ormation about an individual that can be used on its own or HISTORICAL NOTE: Promulgated by the Student Financial A with other information to identify, contact, or locate a single ssistance Commission, Office of Student Financial Assistance, LR individual. 22:338 (May 1996), repromulgated LR 24:632 (April 1998), amend * * * ed LR 24:1898 (October 1998), LR 24:2237 (December 1998), LR Skill and Occupational Training― 25:256 (February 1999), LR 25:654 (April 1999), LR 25:1458 and a. any and all certificate, diploma, associate of appli 1460 (August 1999), LR 25:1794 (October 1999), LR 26:65 (Janua ed technology, and associate of applied science programs off ry 2000), LR 26:688 (April 2000), LR 26:1262 (June 2000), LR 26: 1601 (August 2000), LR 26:1993, 1999 (September 2000), LR 26:2 ered by eligible colleges/universities; and 268 (October 2000), LR 26:2752 (December 2000), LR 27:36 (Janu b. any coordinated and comprehensive course of stu ary 2001), LR 27:284 (March 2001), LR 27:1219 (August 2001), L dy offered by eligible colleges/universities which qualifies a R 27:1840 (November 2001), LR 27:1875 (November 2001), LR 2 student upon completion to sit for testing leading to and/or 8:45 (January 2002), LR 28:446 (March 2002), LR 28:772 (April 2 meeting national and/or state professional/occupational licen 002), LR 28:2330, 2331 (November 2002), LR 29:555 (April 2003), sure and/or certification requirements; LR 29:879 (June 2003), LR 30:1159 (June 2004), LR 30:2015 (Se c. any training leading to an industry-based certifica ptember 2004), LR 31:36 (January 2005), LR 31:3112 (December 2 tion, a certificate of applied science or a certificate of technic 005), LR 33:86 (January 2007), LR 33:439 (March 2007), LR 33:1 al sciences approved by the Workforce Investment Council o 339 (July 2007), LR 33:2612 (December 2007), LR 34:234 (Februa ry 2008), LR 34:1388 (July 2008), LR 34:1884 (September 2008), ffered by a provider recognized by the Louisiana Workforce LR 35:228 (February 2009), LR 35:1489 (August 2009), LR 35:14 Commission. 90 (August 2009), LR 36:311 (February 2010), LR 36:490 (March * * * 2010), LR 36:2854 (December 2010), LR 37:1561 (June 2011), LR Talented Course―a course developed and provided to f 37:1562 (June 2011), LR 38:1953 (August 2012), LR 38:3156 (Dec ulfill an individualized education program for a student who ember 2012), LR 39:308 (February 2013), LR 40:53 (January 201 has been deemed to be gifted pursuant to R.S. 17:1941 et se 4), LR 40:281 (February 2014), LR 41: q., as implemented in state Board of Elementary and Second Chapter 5. Applications, Federal Grant Aid and ACT ary Education policy. Test * * * §502. Consent Required to Process Applications and D TOPS Cumulative High School Grade Point Average― eadlines a. - e. ... A. To process an application for financial aid or to allow f. effective for high school graduates beginning wit participation in LOSFA programs to provide guidance and m h academic year (high school) 2017-2018, the TOPS cumula otivation in preparing for and achieving eligibility for financ tive grade point average will be calculated by dividing the to ial aid programs, certain student personally identifiable infor tal number of quality points earned on the courses used to co mation (PII) must be provided to LASFAC. The PII required

9 Louisiana Register Vol. 40, No. 12 December 20, 2014 depends on the financial aid program for which the student i 4. dual enrollment high school and college transcript d s applying. If the required PII is not provided, an applicant w ata; ill not be determined to be eligible. 5. foster care status; B. The submission of an application for a financial aid pr 6. ACT plan score; ogram administered by LASFAC or for participation in LOS 7. school lunch program status; FA programs to provide guidance and motivation in preparin 8. standardized test scores; g for and achieving eligibility for financial aid programs con 9. grade point average for each semester and cumulati stitutes consent for the student’s school to collect and disclos ve grade point average. e the student’s PII to LOSFA, and for LOSFA to collect, mai G. Deadlines to Provide Consent to a Public School for t ntain, and use the PII for the program in which the student h he Release of a Student’s PII to LOSFA as indicated a desire to participate, if submitted by: 1. For participation in LOSFA’s program for guidance 1. a student who is judicially emancipated, or emancip and motivation to prepare for and to achieve eligibility for fi ated by marriage, or who is 18 years old or older; or nancial aid programs, the parent or legal guardian, as applica 2. a parent or legal guardian on behalf of a student wh ble, should provide consent by the eighth grade. o is not at least 18 years old and who is not emancipated. 2. For eligibility for payment of a TOPS award for the C. To grant consent for a public school to collect the stud fall semester immediately following high school graduation, ent’s PII and disclose it to LOSFA, the student, parent or leg the student, parent or legal guardian, as applicable, should pr al guardian, as applicable, must sign a consent form provide ovide consent no later than January 15 of the year of graduat d by the public high school that includes the following: ion. 1. purpose(s) for which the PII will be used; 3. The final date for receipt of consent is the January 1 2. who will have access to the PII; 5 immediately following the final deadline for receipt of the 3. how long the PII will be retained by LOSFA; and student’s FAFSA or on-line application. See Section 505 bel 4. how the PII will be destroyed at the end of the reten ow. tion period. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 D. Submission of one of the following constitutes consen 3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1. t for LOSFA to collect, maintain, and use the PII included in HISTORICAL NOTE: Promulgated by the Student Financial A the submission for the purposes of determining eligibility for ssistance Commission, Office of Student Financial Assistance, LR financial aid: 41: 1. free application for federal student aid (FAFSA) na Chapter 7. Taylor Opportunity Program for Students ming LOSFA as a recipient; (TOPS) Opportunity, Performance, and 2. ACT score naming LOSFA as a recipient; Honors Awards 3. ACT WorkKeys score naming LOSFA as a recipien §703. Establishing Eligibility t; A. - A.5.a.i.(e). … 4. SAT score naming LOSFA as a recipient; * * * 5. TOPS on-line application. (f). beginning with the graduates of academic ye E. The required information for consideration for initial ar (high school) 2013-14 through 2016-2017, at the time of h eligibility for a TOPS award, includes, but is not limited to, a igh school graduation, an applicant must have successfully c ll the following student information: ompleted 19 units of high school course work that constitute 1. full name; s a core curriculum and is documented on the student's offici 2. date of birth; al transcript as approved by the Louisiana Department of Ed 3. Social Security number; ucation as follows. 4. student high school transcript data, including but no Unit Course t limited to: s a. month and year of high school graduation; 1 English I b. the course code for each course completed; 1 English II c. the grade for each course completed; 1 English III d. the term and year each course is completed; 1 English IV e. designation of each advanced placement, Internat 1 Algebra I (1 unit) or Applied Algebra 1A and 1B (2 units) 1 Algebra II ional Baccalaureate, honors, gifted and talented, articulate 2 Geometry, Calculus, Pre-Calculus, Algebra III, Probability and d course for college credit, and dual enrollment course; Statistics, Discrete Mathematics, Applied Mathematics III, f. the grading scale for each course reported; and Advanced Math – Pre-Calculus, Advanced Math – Functions and g. the high school attended for each course reported; Statistics, Integrated Mathematics III 1 Biology 5. ACT, ACT WorkKeys, and/or SAT scores; 1 Chemistry 6. FAFSA data; 2 Earth Science, Environmental Science, Physical Science, Biology 7. college transcript data as set forth in Section 1903. II, Chemistry II, Physics, Physics II, or Physics for Technology F. The required information for consideration for eligibil or Agriscience I and II (both for 1 unit) 1 American History ity for other awards, grants and programs may include, but is 2 World History, Western Civilization, World Geography or not limited to, the following student information: History of Religion 1. the information set forth in Subsection E above; 1 Civics and Free Enterprise (1 unit combined) or 2. student disciplinary data; Civics (1 unit) 3. family income;

Louisiana Register Vol. 40, No. 12 December 20, 2014 10 Unit Course Units Course s Foreign Language - 2 Units 1 Fine Arts Survey; (or substitute one unit of a performance course 2 Foreign Language, both units in the same language, which may in music, dance, or theater; or substitute one unit of a visual art include: course; or substitute one unit of a studio art course; or substitute AP Chinese Language and Culture, one unit of drafting) AP French Language and Culture, 2 Foreign Language, both units in the same language AP German Language and Culture, AP Italian Language and Culture, AP Japanese Language and Culture, (g). beginning with the graduates of academic ye AP Latin, ar (high school) 2017-2018, at the time of high school gradu AP Spanish Language and Culture, ation, an applicant must have successfully completed 19 unit French IV IB, s of high school course work that constitutes a core curriculu French V IB, Spanish IV IB, and m and is documented on the student's official transcript as ap Spanish V IB proved by the Louisiana Department of Education as follows. Art - 1 Unit 1 One unit of Art from: Units Course Performance course in Music, Dance, or Theatre; English - 4 Units Fine Arts Survey; 1 English I Arts I, II, III, and IV; 1 English II Talented Art I, II, III, and IV; 1 English III, AP English Language Arts and Composition, or IB Talented Music I, II, III, and IV; English III (Language A or Literature and Performance) Talented Theater Arts I, II, III, and IV; Speech III and IV (one unit combined); 1 English IV, AP English Literature and Composition, or IB AP Art History; English IV (Language A or Literature and Performance) AP Studio Art: 2-D Design; Math - 4 Units AP Studio Art: 3-D Design; 1 Algebra I AP Studio Art: Drawing; 1 Geometry AP Music Theory; 1 Algebra II Film Study I IB; 1 One unit from: Film Study II IB; Algebra III; Music I IB; Music II IB; Advanced Math- Functions and Statistics, Advanced Math-Pre- Art Design III IB; Calculus, Pre-Calculus, or Math Methods I IB (Mathematical Art Design IV IB; Studies SL); Theatre I IB; or Calculus, AP Calculus AB, or Math Methods II IB Drafting (Mathematics SL); NOTE: AP = Advanced Placement AP Calculus BC; Probability and Statistics or AP Statistics; IB = International Baccalaureate IB Further Mathematics HL; IB Mathematics HL Science - 4 Units ii.(a). - ii.(d). … 1 Biology I * * * 1 Chemistry I (e). For students graduating in academic year (hi 2 Two units from: gh school) 2017-2018 and after, for purposes of satisfying th Earth Science; Environmental Science; e requirements of §703.A.5.a.i above, or §803.A.6.a, the foll Physical Science; owing courses shall be considered equivalent to the identifie Agriscience I and Agriscience II (one unit combined); d core courses and may be substituted to satisfy correspondi Chemistry II or AP Chemistry or IB Chemistry II; ng core courses. AP Environmental Science or IB Environmental Systems; Physics I, AP Physics B, or IB Physics I; AP Physics C: Electricity and Magnetism, AP Physics C: Core Curriculum Course(s) Equivalent (Substitute) Course Mechanics, or IB Physics II; Algebra I, Geometry and Integrated Mathematics I, II and III AP Physics I and AP Physics II; Algebra II Biology II or AP Biology or IB Biology II Social Studies - 4 Units Any listed core course or its Any core curriculum course taken by a 1 U.S. History or AP U.S. History or IB U.S. History equivalent. student who has been deemed to be 1 Civics, Government, AP US Government and Politics: gifted and talented pursuant to R.S. Comparative, or AP US Government and Politics: United States 17:1941 et. seq. as implemented in State 2 Two units from: Board of Elementary and Secondary Western Civilization, European History or AP European Education policy and in fulfillment of History; the student’s Individualized Education World Geography, AP Human Geography, or IB Geography; Program shall be considered a gifted and World History, AP World History, or World History IB; talented course and shall fulfill the core History of Religion; curriculum requirement in its given IB Economics subject area. Economics, AP Macroeconomics AP Microeconomics (f). For students graduating in academic year (hi gh school) 2017-2018 and after, the courses listed in the tabl es below have been approved by the Board of Regents and th e state Board of Elementary and Secondary Education to be converted to a 5.00 scale when used to complete the core cur riculum, and shall be considered equivalent to the identified core courses and may be substituted to satisfy corresponding

11 Louisiana Register Vol. 40, No. 12 December 20, 2014 core courses for purposes of satisfying the requirements of § TOPS Core Course International Baccalaureate 703.A.5.a.i above, or §803.A.6.a. Music (Performance) IB Music IB Physics I (i). Advanced Placement Courses Physics I IB Physics II Pre-Calculus IB Math Studies (Math Methods) TOPS Core Course Advanced Placement IB Language ab initio: Spanish Spanish AP Art History IB Language B: Spanish AP Studio Art: 2-D Design Art IB Film Study AP Studio Art: 3-D Design Theatre (Performance) IB Theatre AP Studio Art: Drawing IB Dance Biology II AP Biology US History IB History of the Americas I AP Calculus AB Calculus World Geography IB Geography AP Calculus BC World History IB History of the Americas II Chemistry II AP Chemistry Chinese AP Chinese Lang and Culture AP Macroeconomics (iii). Gifted and Talented Courses Economics AP Microeconomics English III AP English Language and Composition TOPS Core Course Gifted and Talented English IV AP English Literature and Composition Art History Environmental Science AP Environmental Science Talented Visual Arts I European History AP European History Art Talented Visual Arts II Fine Arts Survey AP Music Theory Talented Visual Arts III French AP French Language and Culture Talented Visual Arts IV German AP German Lang and Culture Biology II Biology II Italian AP Italian Lang and Culture Calculus I Calculus Japanese AP Japanese Lang and Culture Calculus II Latin AP Latin Chemistry I Chemistry I AP Physics I: Algebra Based Chemistry II Chemistry II AP Physics II: Algebra Based Chinese III Physics I Chinese AP Physics C: Electricity and Magnetism Chinese IV AP Physics C: Mechanics Economics Economics Probability and AP Statistics Statistics English III English III Spanish AP Spanish Lang and Culture English IV English IV US Government or AP U.S. Government and Politics: Comparative Environmental Science Environmental Science Civics AP U.S. Government and Politics: United States US History AP U.S. History European History European History French III World Geography AP Human Geography French World History AP World History French IV German III German German IV Italian III (ii). International Baccalaureate Courses Italian Italian IV Japanese III Japanese TOPS Core Course International Baccalaureate Japanese IV Advanced Math–Pre Calculus IB Math Studies (Math Methods) Latin III IB Language ab initio: Arabic Latin Arabic Latin IV IB Language B: Arabic Talented Music I, II, III, IV Art IB Visual Arts Small Voice Ensemble II IB Biology I Choir: Intermediate Biology II Music (Performance) IB Biology II Choir: Advanced Orchestra: Intermediate IB Mathematics SL Calculus Orchestra: Advanced IB Mathematics HL Physics I Physics IB Chemistry I Chemistry II Spanish III IB Chemistry II Spanish IB Language ab initio: Chinese Spanish IV Chinese Introduction to Film Studies IB Language B: Chinese Theatre (Performance) Economics IB Economics Talented Theater I, II, III, IV IB Literature US Government or Civics Government English III IB Language and Literature US History U.S. History IB Literature and Performance World Geography World/Human Geography IB Literature English IV IB Language and Literature IB Literature and Performance (iv). Dual Enrollment Courses Environmental Science IB Environmental Systems IB Language ab initio: French French Dual Enrollment IB Language B: French TOPS Core Common IB Language ab initio: German Course Common Course Name German Course Code IB Language B: German Advanced Math – CMAT 1223 IB Language ab initio: Italian Trigonometry Italian Pre Calculus IB Language B: Italian Advanced Math- CMAT 1303 IB Language ab initio: Japanese Japanese Functions and Introductory Statistics IB Language B: Japanese Statistics Latin IB Classical Language Algebra III College Algebra CMAT 1213

Louisiana Register Vol. 40, No. 12 December 20, 2014 12 Dual Enrollment Dual Enrollment TOPS Core TOPS Core Common Common Course Common Course Name Course Common Course Name Course Code Course Code Physics I Elementary Arabic I CARB 1013/1014 CPHY 2113 Arabic (Algebra/Trigonometry Based) Elementary Arabic II CARB 1023/1024 Physics I CPHY 2114 Physics I (Lecture and Lab) Art History I or II CART 2103/2113 CPHY 2133 Physics I (Calculus Based) Art Art Structure/2-D Design CART 1113 Beginning Drawing CART 2203 Pre-Calculus Algebra and Trigonometry CMAT 1233 Probability and CMAT 1303 General Biology I CBIO 1013 Introductory Statistics Statistics Biology I General Biology I (Science CBIO 1033 Elementary Spanish I CSPN 1013/1014 Majors) Elementary Spanish II CSPN 1023/1024 General Biology I Spanish Intermediate Spanish I CSPN 2013/2014 General Biology I (Science CBIO 1013 Intermediate Spanish II CSPN 2023 Majors) CBIO 1033 Biology II Theatre Acting I or II CTHE 2103/2113 General Biology II CBIO 1023 (Performance) Introduction to Theatre CTHE 1013 General Biology II (Science CBIO 1043 Majors) Introduction to American Government Applied Calculus CMAT 2103 CPOL 2013 US Government Introduction to State and Local Calculus Calculus I CMAT 2113-5 CPOL 2113 or Civics Government Calculus II CMAT 2123-5 CPOL 2213 Introduction to Comparative General Chemistry Survey I CCEM 1013 Government CCEM 1103 Chemistry I Chemistry I US History American History I or II CHIS 2013/2023 Chemistry I (Science Majors) CCEM 1123 Western General, Organic and Western Civilization I or II CHIS 1013/1023 CCEM 1003 Civilization Biochemistry CCEM 1013 World Geography World Regional Geography CGRG 2113 General Chemistry Survey I CCEM 1103 World History World Civilization I or II CHIS 1113/1123 Chemistry II Chemistry I CCEM 1123 Chemistry I (Science Majors) CCEM 1113 Chemistry II CCEM 1133 A.5.a.iii.(a). - J.4.b.ii. … Chemistry II (Science Majors) AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Physical Geology CGEO 1103 Earth Science 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. Historical Geology CGEO 1113 HISTORICAL NOTE: Promulgated by the Student Financial A Economic Principles CECN 2113 ssistance Commission, Office of Student Financial Assistance, LR Economics Macroeconomics CECN 2213 Microeconomics CECN 2223 22:338 (May 1996), repromulgated LR 24:636 (April 1998), amend English Composition I CENL 1013 ed LR 24:1902 (October 1998), LR 24:2237 (December 1998), LR English Composition II CENL 1023 25:257 (February 1999), LR 25:655 (April 1999), LR 25:1794 (Oct English III American Literature I CENL 2153 ober 1999), LR 26:64, 67 (January 2000), LR 26:689 (April 2000), American Literature II CENL 2163 LR 26:1262 (June 2000), LR 26:1602 (August 2000), LR 26:1996, Major American Writers CENL 2173 1999, 2001 (September 2000), LR 26:2268 (October 2000), LR 26: English Composition I CENL 1013 2753 (December 2000), LR 27:36 (January 2001), LR 27:702 (May English Composition II CENL 1023 2001), LR 27:1219, 1219 (August 2001), repromulgated LR 27:185 British Literature I CENL 2103 0 (November 2001), amended LR 28:772 (April 2002), LR 28:2330, British Literature II CENL 2113 Major British Writers CENL 2123 2332 (November 2002), LR 29:125 (February 2003), LR 29:2372 World Literature I CENL 2203 (November 2003), LR 30:1162 (June 2004), LR 30:1471 (July 200 English IV World Literature II CENL 2213 4), LR 30:2019 (September 2004), LR 31:37 (January 2005), LR 31 Major World Writers CENL 2223 2213 (September 2005), LR 31:3112 (December 2005), LR 32:223 Introduction to Fiction CENL 2303 9 (December 2006), LR 33:435 (March 2007), LR 33:2357 (Novem Introduction to Literature CENL 2323 ber 2007), LR 33:2612 (December 2007), LR 34:1389 (July 2008), Intro duction to Poetry and/or CENL 2313 LR 35:228 (February 2009), LR 36:312 (February 2010), LR 36:49 Drama 0 (March 2010), LR 36:2269 (October 2010), LR 36:2855 (Decemb Environmental Environmental Science CEVS 1103 Science er 2010), LR 37:2987 (October 2011), LR 38:354 (February 2012), Exploring the Arts CART 1013 LR 38:3158 (December 2012), LR 39:481 (March 2013), LR 39:24 Introduction to Visual Arts CART 1023 85 (September 2013), LR 40:54 (January 2014), LR 41: Fine Arts Survey Dance Appreciation CDNC 1013 Chapter 8. TOPS-Tech Award Music Appreciation CMUS 1013 §803. Establishing Eligibility Elementary French I CFRN 1013/1014 A. - A.6.a.i. … Elementary French II CFRN 1023/1024 French Intermediate French I CFRN 2013/2014 ii. for students graduating in the 2000-2001 schoo Intermediate French II CFRN 2023 l year through the 2012-2013 school year, the high school co Elementary German I CGRM 1013/1014 urse work documented on the student's official transcript as a Elementary German II CGRM 1023/1024 German pproved by the Louisiana Department of Education constitut Intermediate German I CGRM 2013 Intermediate German II CGRM 2023 ing the following TOPS-Tech core curriculum. History Of World Religions CPHL 2213 Religion Core Curriculum―TOPS-Tech Award Elementary Latin I CLTN 1013/1014 Units Course Elementary Latin II CLTN 1023/1024 Latin 1 English I Intermediate Latin I CLTN 2013 1 English II Intermediate Latin II CLTN 2023 1 English III Physical Science Physical Science I CPHY 1023 1 English IV or substitute 1 unit of Business English

13 Louisiana Register Vol. 40, No. 12 December 20, 2014 Core Curriculum―TOPS-Tech Award Core Curriculum―TOPS-Tech Award Units Course Units Course 1 Algebra I; or both Algebra I, Part 1 and Algebra I, Part 2; 1 Geometry or Applied Geometry, Trigonometry, Calculus or or both Applied Mathematics I and Applied Mathematics comparable Advanced Mathematics II 1 Biology 2 Geometry, Applied Mathematics III, Algebra II, Financial 1 Chemistry or Applied Physics Mathematics, Advanced Mathematics I [beginning with 1 Earth Science, Environmental Science, Physical Science, the 2008-2009 academic year (high school) this course is Biology II, Chemistry II, Physics, Physics II or Physics for renamed Advanced Math – Pre-Calculus], Advanced Technology or Agriscience I and II (both for 1 unit) Mathematics II [beginning with the 2008-2009 academic 1 American History year (high school) this course is renamed Advanced Math 1 World History, Western Civilization or World Geography – Functions and Statistics], Discrete Mathematics, or 1 Civics and Free Enterprise (1 unit combined) or Probability and Statistics (2 units). Integrated Civics (1 unit, non-public) Mathematics I, II, and III may be substituted for Algebra 1 Fine Arts Survey or any approved vocational course in the I, Geometry and Algebra II, and shall be considered the areas of Agriscience, Business Education, Family and equivalent of the 3 required math units Consumer Science, Health Occupations, Marketing 1 Biology Education, Technology Education, or Trade and Industrial 1 Chemistry or Applied Chemistry Education; (or substitute 2 units of performance courses in 1 Earth Science, Environmental Science, Physical Science, music, dance or theater; or 2 units of studio art or 2 units of Integrated Science, Biology II, Chemistry II, Physics, visual art courses; or 1 elective from among the other Physics II, or Physics for Technology or Agriscience I subjects listed in this core curriculum) and II (both for 1 unit) 2 In a single Foreign Language. (1 unit for students graduating 1 American History from high school during the 1996-97 and 1997-98 school 1 World History, Western Civilization, or World Geography years.) or Technical Writing, Speech I or Speech II (2 units). 1 Civics and Free Enterprise (1 unit combined) or 1/2 Computer Science, Computer Literacy or Business Computer Civics (1 unit, nonpublic) Applications (or substitute at least 1/2 unit of an elective Remaining Core Courses Shall Be Selected course related to computers that is approved by the State from One of the Following Options: Board of Elementary and Secondary Education; or substitute Option 1Total of 17 units at least 1/2 unit of an elective from among the other subjects 1 Fine Arts Survey or substitute 2 units of performance listed in this core curriculum) courses in music, dance, or theater; or substitute 2 units of visual art courses; or substitute 2 units of studio art iv. for students graduating in the 2013-2014 schoo courses; or a course from the Career and Technical Program of studies that is approved by the BESE (must l year and thereafter, the high school course work documente be listed under the Vocational Education Course d on the student's official transcript as approved by the Louis Offerings in Bulletin 741 or the updates to Bulletin 741); iana Department of Education constituting the following TO or substitute 1 unit as an elective from among the other PS-Tech core curriculum. subjects listed in this core curriculum 2 Foreign Language, Technical Writing, Speech I or Speech II Core Curriculum―TOPS-Tech Award 1 One unit from the secondary computer education program Units Course of studies that is approved by the BESE 1 English I or 1 English II Option 2Total of 19 Units 1 English III 4 In a career major comprised of a sequence of related 1 English IV or substitute 1 unit of Business English specialty courses. In order for a student to use this option, 1 Algebra I; or both Algebra I, Part 1 and Algebra I, Part 2; or the courses for the career major must be approved by both Applied Mathematics I and Applied Mathematics II BESE. 2 Geometry, Applied Mathematics III, Algebra II, Financial 1 Credit in a basic computer course. Mathematics, Advanced Mathematics I [beginning with 1 In related or technical fields. A related course includes any the 2008-2009 academic year (high school) this course is course which is listed under the student's major. A renamed Advanced Math – Pre-Calculus], Advanced technical course is one that is listed in the approved Mathematics II [beginning with the 2008-2009 academic career option plan for the high school at which the course year (high school) this course is renamed Advanced Math is taken. – Functions and Statistics], Discrete Mathematics, or Probability and Statistics (2 units). Integrated Mathematics I, II, and III may be substituted for Algebra I, Geometry iii. for students graduating through the 2001-2002 and Algebra II, and shall be considered the equivalent of school year, the TOPS-Tech core curriculum as follows; the 3 required math units 1 Biology Core Curriculum―TOPS-Tech Award 2 Earth Science, Environmental Science, Physical Science, Units Course Integrated Science, Biology II, or Chemistry or Applied 1 English I Chemistry, Chemistry II, Physics, Physics II, or Physics for Technology or Agriscience I and II (both for 1 unit) 1 English II 1 American History 1 English III 1 World History, Western Civilization, or World Geography 1 English IV or Business English 1 Civics and Free Enterprise (1 unit combined) or 1 Algebra I (1 unit) or Applied Algebra IA and 1B (2 units) Civics (1 unit, nonpublic) 1 Algebra II

Louisiana Register Vol. 40, No. 12 December 20, 2014 14 Core Curriculum―TOPS-Tech Award ii. student's full name, date of birth, and Social Se Units Course curity number; Remaining Core Courses Shall Be Selected iii. transcript data, including, but not limited to: from One of the Following Options: Option 1Total of 17 units (a). student’s BESE identification number; 1 Fine Arts Survey or drafting (one unit) or substitute 2 units (b). month and year of high school graduation; of performance courses in music, dance, or theater; or (c). the course code for each course completed; substitute 2 units of visual art courses; or substitute 2 units (d). the grade for each course completed; of studio art courses; or a course from the Career and Technical Program of studies that is approved by the (e). the term and year each course is completed; BESE (must be listed under the Vocational Education (f). designation of each advanced placement, Int Course Offerings in Bulletin 741 or the updates to ernational Baccalaureate, honors, gifted and talented, artic Bulletin 741); or substitute 1 unit as an elective from ulated course for college credit, and dual enrollment course; among the other subjects listed in this core curriculum 2 Foreign Language, Technical Writing, (g). the grading scale for each course reported; a Speech I or Speech II nd 1 One unit from the secondary computer education program (h). the high school attended for each course repo of studies that is approved by the BESE rted. or d. Commencing with the 2014-15 academic year (hi Option 2Total of 19 Units 4 In a career major comprised of a sequence of related gh school), certification from all approved non-public Louisi specialty courses. In order for a student to use this option, ana high schools as defined in §1703.A.2 and 3 above shall c the courses for the career major must be approved by ontain, but is not limited to, the following reportable data ele BESE. ments: 1 Credit in a basic computer course. 1 In related or technical fields. A related course includes any i. student's full name, date of birth, and Social Se course which is listed under the student's major. A curity number; technical course is one that is listed in the approved career ii. transcript data, including, but not limited to: option plan for the high school at which the course is (a). month and year of high school graduation; taken. (b). the course code for each course completed; (c). the grade for each course completed; A.6.b. - B.4.b.ii. … (d). the term and year each course is completed; AUTHORITY NOTE: Promulgated in accordance with R.S. 17 (e). designation of each advanced placement, Int 3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1. HISTORICAL NOTE: Promulgated by the Student Financial A ernational Baccalaureate, honors, gifted and talented, artic ssistance Commission, Office of Student Financial Assistance, LR ulated course for college credit, and dual enrollment course; 24:1904 (October 1998), amended LR 24:2237 (December 1998), (f). the grading scale for each course reported; a LR 25:1795 (October 1999), LR 26:65 and 67 (January 2000), LR nd 26:1602 (August 2000), LR 26:1997 (September 2000), LR 26:226 (g). the high school attended for each course repo 9 (October 2000), LR 26:2754 (December 2000), LR 27:36 (Januar rted. y 2001), LR 27:1220 (August 2001), repromulgated LR 27:1854 (N B.3. - D.2.b. … ovember 2001), amended LR 28:447 (March 2002), LR 28:773 (Ap 3. commencing with the 2014-2015 academic year (hi ril 2002), LR 28:2330 (November 2002), LR 29:554 (April 2003), LR 30:1164 (June 2004), LR 30:2019 (September 2004), LR 31:39 gh school), the submission of the required data by the high s (January 2005), LR 31:3114 (December 2005), LR 33:437 (March chool headmaster or principal or designee of Louisiana publi 2007), LR 33:2614 (December 2007), LR 35:230 (February 2009), c high schools as defined in §1703.A.1 above shall constitute LR 36:491 (March 2010), LR 36:2270 (October 2010), LR 36:2856 a certification that: (December 2010), LR 38:3159 (December 2012), LR 41: a. the school has complied with the requirements of Chapter 17. Responsibilities of High Schools, School B LSA-R.S. 17:3913.K to: oards, Special School Governing Boards, t i. beginning in the eighth grade, annually at the b he Louisiana Department of Education an eginning of each school year, provide a form to be signed by d LASFAC on Behalf of Eligible Non-Lou the parent or legal guardian of each student enrolled in the sc isiana High Schools hool, whereby the student's parent or legal guardian may pro §1703. High School's Certification of Student Achievem vide consent or deny consent for the collection and disclosur ent e of the student's personally identifiable information as follo A. - B.2.b.viii. … ws: c. Commencing with the 2014-2015 academic year (a). full name; (high school), for each student for whom the school has been (b). date of birth; granted consent to collect and disclose PII to LOSFA, Louisi (c). Social Security number; and ana public high schools as defined in §1703.A.1 above shall (d). transcript data, including, but not limited to: collect the following reportable data elements for each year (i). student’s BESE identification number; of attendance for those students in the ninth through twelfth (ii). month and year of high school grades: graduation; i. verification that the school has been granted wr (iii). the course code for each course itten consent to collect and disclose the student’s PII to LOS completed; FA from the student’s parent or legal guardian, if the student (iv). the grade for each course completed; is not at least 18 or judicially emancipated; or by the student, (v). the term and year each course is if the student is at least 18 or judicially emancipated; completed;

15 Louisiana Register Vol. 40, No. 12 December 20, 2014 (vi). designation of each advanced agnosis of pregnancy and the anticipated delivery date or the placement, International Baccalaureate, honors, gifted and actual birth date or a copy of the hospital's certificate of live talented, articulated course for college credit, and dual birth or a copy of the official birth certificate or equivalent o enrollment course; fficial document or written documentation from the person o (vii). the grading scale for each course r agency completing the adoption that confirms the adoption reported; and and date of adoption. (viii). the high school attended for each c. Maximum Length of Exception. Up to the equiva course reported; lent of one academic year (college) per pregnancy. ii. use a form provided by LOSFA or a form subst E.2. - G.5.b.iii. … antially similar to LOSFA’s form that: AUTHORITY NOTE: Promulgated in accordance with R.S. 17 (a). provides notification of exactly what items o 3021-3025, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3050.1-305 f student information will be collected and that disclosure of 0.4. HISTORICAL NOTE: Promulgated by the Student Financial A the student information collected will be restricted to Louisia ssistance Commission, Office of Student Financial Assistance, LR na postsecondary educational institutions and the Office of S 22:338 (May 1996), amended LR 23:1648 (December 1997), repro tudent Financial Assistance to be used solely for the purpose mulgated LR 24:647 (April 1998), amended LR 24:1916 (October of processing applications for admission and for state and fe 1998), LR 26:1015 (May 2000), LR 26:2002 (September 2000), LR deral financial aid; 27:36 (January 2001), repromulgated LR 27:1866 (November 200 (b). requires acknowledgment that the failure to 1), amended LR 27:1875 (November 2001), LR 28:46 (January 200 provide written consent for the collection and disclosure of t 2), LR 28:449 (March 2002), LR 28:775 (April 2002), LR 28:2330 he student's information may result in delays or may prevent and 2333 (November 2002), LR 29:126 (February 2003), LR 29:23 successful application for admission to a postsecondary educ 73 (November 2003), LR 29:2373 (November 2003), LR 30:785 (A pril 2004), LR 30:1167 (June 2004), LR 31:1060 (May 2005), LR 3 ational institution and for state and federal student financial 3:440 (March 2007), LR 35:1233 (July 2009), LR 38:3160 (Decem aid; ber 2012), LR 41: iii. collect the personally identifiable information f §2113. Revision of the Core Curricula or each student for whom consent was provided; A. LASFAC is authorized by law, subject to prior app 4. commencing with the 2003 academic year (high sch roval by BESE, to determine a high school level course to be ool), if a student is determined to be eligible for a TOPS awa equivalent to a course described in the core curricula or to au rd based on data that is incorrect and the student was in fact i thorize the name change of a core curricula course, including neligible for a TOPS award or the level awarded, the high sc necessary changes to equivalencies and course names for ad hool must reimburse LASFAC for the amount paid in excess vanced placement and International Baccalaureate courses of what the student was eligible for. as prescribed by the College Board or the International Bacc AUTHORITY NOTE: Promulgated in accordance with R.S. 17 alaureate Foundation. 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. HISTORICAL NOTE: Promulgated by the Student Financial A B. The determination of a course as equivalent to a cours ssistance Commission, Office of Student Financial Assistance, LR e included in the definition of core curriculum shall be limite 22:338 (May 1996), repromulgated LR 24:643 (April 1998), amend d to those courses identified in the secondary programs of st ed LR 24:1912 (October 1998), LR 25:258 (February 1999), LR 26 udy contained in the Louisiana Handbook for School Admini 1998 (September 2000), LR 26:2269 (October 2000), repromulgate strators (LDE Bulletin 741). d LR 27:1863 (November 2001), amended LR 29:880 (June 2003), C. Prior to initiating rulemaking to determine course equ LR 30:1165 (June 2004), LR 40:57 (January 2014), LR 41: ivalents or to authorize a name change, LASFAC must seek t Chapter 21. Miscellaneous Provisions and Exceptions he written comments and recommendation of the Louisiana §2103. Circumstances Warranting Exception to the Init Board of Regents. ial and Continuous Enrollment Requirements D. Only those recommendations for a name change or fo A. - D.3. … r the designation of an equivalent course which have been su E. Qualifying Exceptions to the Initial and Continuous E bmitted by a local school board or other equivalent educatio nrollment Requirement. A student who has been declared ine n agency for private schools will be considered by LASFAC ligible for TOPS, TOPS-Tech, TOPS Teacher, the Rockefelle and such recommendations shall be submitted directly to the r State Wildlife Scholarship or the Louisiana GO Youth Chal Office of Student Financial Assistance, Attention: Legal Divi lenge Program because of failure to meet the initial or contin sion. uous enrollment requirements may request reinstatement in t AUTHORITY NOTE: Promulgated in accordance with R.S. 17 hat program based on one or more of the following exceptio 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. ns. HISTORICAL NOTE: Promulgated by the Student Financial A 1. Parental Leave ssistance Commission, Office of Student Financial Assistance, LR a. Definition. The student/recipient is pregnant or c 22:338 (May 1996), repromulgated LR 24:1921 (October 1998), a aring for a newborn or newly adopted child less than one yea mended LR 27:1220 (August 2001), repromulgated LR 27:1871 (N ovember 2001), amended LR 41: r of age. b. Certification Requirements. The student/recipient George Badge Eldredge must submit: General Counsel i. a completed exception request form including 1412#006 official college transcripts; and ii. a written statement from a doctor of medicine who is legally authorized to practice certifying the date of di

Louisiana Register Vol. 40, No. 12 December 20, 2014 16 DECLARATION OF EMERGENCY mic year are included in the academic year. The two- and fo ur-year college and university academic year does not includ Student Financial Assistance Commission e summer sessions or intersessions that do not end during the Office of Student Financial Assistance academic year; b. during the 2008-2009 academic year, the academ Scholarship/Grant Programs ic year begins with the fall term of the award year, includes t TOPS Continuation Requirements he winter term, if applicable, and concludes with the complet (LAC 28:IV.301, 501, 503, 505, 507, ion of the intersession immediately following the spring ter 701, 703, 705, 801, 805, 1903, and 2103) m of the award year. Intersessions ending during the academ ic year, including the intersession immediately following the The Louisiana Student Financial Assistance Commission spring term, are included in the academic year. The two- and (LASFAC) is exercising the emergency provisions of the Ad four-year college and university academic year does not incl ministrative Procedure Act [R.S. 49:953(B)] to amend and r ude summer sessions or other intersessions; e-promulgate the rules of the scholarship/grant programs [(R. c. during the 2009-2010 and 2010-2011 academic y S. 17:3021-3025, R.S. 3041.10-3041.15, and R.S. 17:3042.1. ears, the academic year begins with the fall term of the awar 1-3042.8, R.S. 17:3048.1, and R.S. 56:797(D)(2)]. d year and concludes with the completion of the spring term This rulemaking amends the scholarship and grant rules pr of the award year or the intersession immediately following t ovide that students with the TOPS Opportunity, Performance he spring term if such intersession ends no later than June 15, and Honors Awards must meet the same continuation require whichever is later. Any intersession or term that begins and ment if they are enrolled in academic or technical programs. ends during the academic year is included. The two- and fou Beginning with the 2015-16 academic year, all postsecondar r-year college and university academic year does not include y courses attempted and grades earned will be used to deter other intersessions or summer sessions. See the definition of mine whether these students have met the requirement to ear intersession below; n at least 24 hours each year and to maintain the minimum re d. beginning with the 2011-2012 academic year and quired cumulative grade point average. thereafter, the academic year begins with the fall term of the The Emergency Rule is necessary to implement changes t award year and concludes immediately before the next fall te o the scholarship/grant programs to allow the Louisiana Offi rm commences. All intersessions and summer sessions are in ce of Student Financial Assistance and state educational insti cluded. tutions to effectively administer these programs. A delay in p * * * romulgating rules would have an adverse impact on the finan Average Award Amount (TOPS-Tech)―is applicable to t cial welfare of the eligible students and the financial conditio hose students awarded the TOPS-Tech and TOPS Opportunit n of their families. LASFAC has determined that this Emerg y, Performance, and Honors Awards who attend a regionally ency Rule is necessary in order to prevent imminent financia accredited independent college or university in Louisiana tha l peril to the welfare of the affected students. t is a member of the Louisiana Association of Independent C This Declaration of Emergency is effective November 18, olleges and Universities or who attend an eligible cosmetolo 2014, and shall remain in effect for the maximum period allo gy or proprietary school and are enrolled in a vocational, tec wed under the Administrative Procedure Act. (SG15158E) hnical education certificate or diploma program or non-acad Title 28 emic undergraduate degree program, and is determined by di EDUCATION viding the total dollar value of awards, which are made to st Part IV. Student Financial Assistance―Higher udents enrolled in the same types of programs in the prior ac Education Scholarship and Grant Programs ademic year (TOPS) at eligible public colleges and universiti Chapter 3. Definitions es that do not offer academic degrees at the baccalaureate lev §301. Definitions el, by the total number of students that received the awards. A. Words and terms not otherwise defined in this Chapte * * * r shall have the meanings ascribed to such words and terms i Award Year―the academic year (TOPS) during which a n this Section. Where the masculine is used in these rules, it i TOPS award is paid. ncludes the feminine, and vice versa; where the singular is u * * * sed, it includes the plural, and vice versa. Eligible Colleges or Universities―Louisiana public coll * * * eges or universities and regionally accredited independent co Academic Year (College)―begins with the fall term of t lleges or universities in the state that are members of the Lou he award year and concludes immediately before the next fal isiana Association of Independent Colleges and Universities; l term commences unless specifically provided otherwise in t for recipients of the TOPS Tech Award only, beginning with hese rules. All intersessions and summer sessions are include the 2009-2010 academic year (TOPS), and for recipients of t d. he TOPS Tech, Opportunity, Performance and Honors Award, * * * beginning with the 2010-2011 academic year (TOPS), any s Academic Year (TOPS)―for students who are eligible f chool that has a valid and current certificate of registration is or a TOPS Tech, Opportunity, Performance or Honors Award: sued by the state Board of Cosmetology in accordance with l a. through the 2007-2008 academic year, the two- a aw and that is accredited by an accrediting organization reco nd four-year college and university academic year begins wi gnized by the United States Department of Education and an th the fall term of the award year, includes the winter term, if y proprietary school that has a valid and current license issue applicable, and concludes with the completion of the spring t d by the Board of Regents in accordance with law and that is erm of the award year. Intersessions ending during the acade

17 Louisiana Register Vol. 40, No. 12 December 20, 2014 accredited by an accrediting organization recognized by the TOPS Cumulative Grade Point Average (Opportunity, P United States Department of Education. erformance, Honors)―beginning with the 2015-16 academi * * * c year (TOPS), the grade point average for students with the Program Year (Non-Academic Program)―Repealed. TOPS Opportunity, Performance and Honors Awards shall b * * * e calculated by LOSFA on all courses taken by a student at p Returning Student―a student who graduated from high ostsecondary institutions. school beginning with academic year (high school): a. These courses shall include those taken at postsec a. 2001-2002, and met all the academic requirement ondary institutions while the student was still in high school s for a TOPS award, but who enrolled for the first time as a f and at postsecondary institutions other than the institution at ull-time student no later than the deadline established in §70 which the student is currently enrolled. 3.A.4 in an out-of-state postsecondary institution accredited b. The average for these courses shall be calculated by a regional accrediting organization recognized by the Uni on a 4.00 scale and shall include all courses for which the stu ted States Department of Education and, thereafter, returns t dent has been awarded a grade. The average shall not includ o Louisiana and enrolls as a full-time student in an eligible c e courses graded on a pass/fail basis. ollege or university; or c. This average will be used to determine whether t b. who was determined eligible for a TOPS Opportu he student has maintained steady academic progress and whe nity, Performance or Honors Award and enrolled for the first ther the student has met the minimum grade point average re time as a full-time student no later than the deadline establis quired to maintain eligibility for continuation of a TOPS Op hed in §703.A.4 in an eligible college or university in Louisi portunity, Performance or Honors Award. ana, subsequently enrolled in an out-of-state postsecondary i TOPS Cumulative Grade Point Average (TOPS Tech)― nstitution accredited by a regional accrediting organization r beginning with the 2015-2016 academic year (TOPS) the gra ecognized by the United States Department of Education and, de point average for a student with the TOPS Tech award sha thereafter, returns to Louisiana and enrolls as a full-time stu ll be calculated by LOSFA on all courses taken by a student dent in an eligible college or university during or after the 20 at postsecondary institutions while enrolled in a skill, occupa 09-2010 academic year ( TOPS). tional or technical program. * * * a. These courses shall include all those taken in skil TOPS Cumulative Grade Point Average (Academic)―th l, occupational or technical programs at postsecondary instit rough the 2014-15 academic year (TOPS), the grade point av utions while the student was still in high school and at postse erage calculated by LOSFA on all academic courses taken by condary institutions other than the institution at which the st a student at postsecondary institutions to determine whether udent is currently enrolled. the student has maintained steady academic progress and wh b. The average for these courses shall be calculated ether the student has met the minimum grade point average r on a 4.00 scale and shall include all courses while enrolled i equired to maintain eligibility for continuation of a TOPS aw n a skill, occupational or technical program for which the stu ard. The cumulative grade point average shall be calculated dent has been awarded a grade. The average shall not includ on a 4.00 scale and must include all academic courses from a e courses graded on a pass/fail basis. ll postsecondary institutions attended for which the student h c. This average will be used to determine whether t as been awarded a grade. Academic courses taken at a colleg he student has maintained steady academic progress and whe e or university while the student was still in high school and ther the student has met the minimum grade point average re at postsecondary institutions other than the institution at whi quired to maintain eligibility for continuation of a TOPS Tec ch the student is currently enrolled must be included in the c h Award. alculation. Grades earned in non-academic courses and cours * * * es taken on a pass/fail basis are not considered in the calculat AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ion of the cumulative grade point average. 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. TOPS Cumulative Grade Point Average HISTORICAL NOTE: Promulgated by the Student Financial A (Non-Academic)―through the 2014-15 academic year (TOP ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:632 (April 1998), amend S), the grade point average calculated by LOSFA on all non- ed LR 24:1898 (October 1998), LR 24:2237 (December 1998), LR academic courses taken by a student at postsecondary institu 25:256 (February 1999), LR 25:654 (April 1999), LR 25:1458 and tions to determine whether the student has maintained steady 1460 (August 1999), LR 25:1794 (October 1999), LR 26:65 (Janua academic progress and whether the student has met the mini ry 2000), LR 26:688 (April 2000), LR 26:1262 (June 2000), LR 26: mum grade point average required to maintain eligibility for 1601 (August 2000), LR 26:1993, 1999 (September 2000), LR 26:2 continuation of a TOPS award. The cumulative grade point a 268 (October 2000), LR 26:2752 (December 2000), LR 27:36 (Janu verage shall be calculated on a 4.00 scale and must include a ary 2001), LR 27:284 (March 2001), LR 27:1219 (August 2001), L ll non-academic courses from all postsecondary institutions a R 27:1840 (November 2001), LR 27:1875 (November 2001), LR 2 ttended for which the student has been awarded a grade. No 8:45 (January 2002), LR 28:446 (March 2002), LR 28:772 (April 2 002), LR 28:2330, 2331 (November 2002), LR 29:555 (April 2003), n-academic courses taken at a college or university while the LR 29:879 (June 2003), LR 30:1159 (June 2004), LR 30:2015 (Se student was still in high school and at postsecondary instituti ptember 2004), LR 31:36 (January 2005), LR 31:3112 (December 2 ons other than the institution at which the student is currentl 005), LR 33:86 (January 2007), LR 33:439 (March 2007), LR 33:1 y enrolled must be included in the calculation. Grades earne 339 (July 2007), LR 33:2612 (December 2007), LR 34:234 (Februa d in academic courses and courses taken on a pass/fail basis ry 2008), LR 34:1388 (July 2008), LR 34:1884 (September 2008), are not considered in the calculation of the cumulative grade LR 35:228 (February 2009), LR 35:1489 (August 2009), LR 35:14 point average. 90 (August 2009), LR 36:311 (February 2010), LR 36:490 (March 2010), LR 36:2854 (December 2010), LR 37:1561 (June 2011), LR

Louisiana Register Vol. 40, No. 12 December 20, 2014 18 37:1562 (June 2011), LR 38:1953 (August 2012), LR 38:3156 (Dec B. Deadline for Payment for the Academic Year (TOPS) ember 2012), LR 39:308 (February 2013), LR 40:53 (January 201 Immediately Following High School Graduation 4), LR 40:281 (February 2014), LR 41: 1. Beginning with the 2007-2008 academic year (TOP Chapter 5. Applications, Federal Grant Aid S), to be determined eligible for payment of TOPS awards fo and ACT Test r the academic year (TOPS) immediately following the acad §501. Initial Application emic year (high school) of high school graduation, students A. Initial Application for High School Graduates of 200 must submit the initial FAFSA or on-line application so that i 2-2003 or Earlier t is received no later than the July 1 immediately following t 1. Except as provided in Subparagraph A.2.b below, al he academic year (high school) of graduation. l new applicants for Louisiana scholarship and grant progra 2. Beginning with the 2007-2008 academic year (TOP ms must apply for federal aid by completing the free applicat S), students will be eligible to receive the full benefits of a T ion for federal student aid (FAFSA) for the academic year fo OPS award as provided in §701.E beginning with the acade llowing the year the student graduated from high school. For mic year (TOPS) immediately after the student's one year an example, if the student will graduate from high school in sch niversary of high school graduation if their initial FAFSA or ool year 2002-2003, submit the 2003-2004 version of the FA on-line application is received after the July 1 immediately f FSA. ollowing the academic year (high school) of high school gra 2. All new applicants for TOPS Opportunity, Performa duation and no later than the final deadline set forth in Subse nce, Honors and TOPS-Tech Awards who graduate from hig ction C, below, and if the student was enrolled during the pre h school during the 2001-2002 or 2002-2003 academic years ceding academic year (TOPS), the student has met the requir (high school) must apply for federal aid by completing the fr ements for continuing eligibility. ee application for federal student aid (FAFSA) for the acade 3.a. Beginning with the 2010-2011 academic year (TOP mic year (TOPS) the applicant will be a first-time, full-time S), students whose initial FAFSA or on-line application is re student. For example, if the applicant will graduate from hig ceived on or before July 1 immediately following the one ye h school in the 2002-2003 academic year (high school) and d ar anniversary of high school graduation will receive payme oes not intend to enroll as a first-time, full-time student until nt of their TOPS award as provided in §701.E beginning wit the fall semester of 2004, he must submit the 2004-2005 vers h the first semester, quarter or term the student enrolls for th ion of the FAFSA. e first time as a full-time student in an eligible college or uni A.2.a.- C.2. … versity; provided that no payment of a TOPS award shall be AUTHORITY NOTE: Promulgated in accordance with R.S. 17 made until the initial FAFSA or on-line application has been 3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1. received and the applicant has been determined eligible for a HISTORICAL NOTE: Promulgated by the Student Financial A ssistance Commission, Office of Student Financial Assistance, LR TOPS award. 22:338 (May 1996), repromulgated LR 24:635 (April 1998), LR 24: 3.b. - 4.b. … 1900 (October 1998), amended LR 26:1994 (September 2000), repr C. Final Deadline for Full TOPS Award omulgated LR 27:1846 (November 2001), amended LR 29:554 (Ap 1.a. Except as provided below, through the 2006-2007 a ril 2003), LR 30:2015 (September 2004), LR 31:36 (January 2005), cademic year (TOPS), in order to receive the full benefits of LR 31:1060 (May 2005), LR 41: a TOPS award as provided in §701.E, the final deadline for r §503. Application Deadlines for High School Graduate eceipt of a student's initial FAFSA or the on-line application s of 2003 and Earlier is July 1 immediately prior to the academic year (TOPS) he f A. - B.1.a. … irst enrolls as a first-time freshman in an eligible college or u b. For applicants graduating from high school durin niversity. g or after the 2001-2002 academic year (high school), in ord b. Beginning with the 2007-2008 academic year (T er to receive the full benefits of a TOPS award as provided i OPS), in order receive the full benefits of a TOPS award as p n §701.E, the final deadline for receipt of a student's initial F rovided in §701.E, the final deadline for receipt of a studen AFSA application is the July 1 immediately preceding the ac t's initial FAFSA or on-line application is July 1 immediately ademic year (TOPS) in which the applicant will be a first-ti prior to the academic year (TOPSe) immediately following t me, full-time student. he one year anniversary of high school graduation. B.1.c. - E. … c.i. Students who graduated from high school during AUTHORITY NOTE: Promulgated in accordance with R.S. 17 the 2003-2004 academic year (high school) and enrolled as a 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. first-time freshman in an eligible college or university durin HISTORICAL NOTE: Promulgated by the Student Financial A g the 2004-2005 academic year (TOPS) are eligible to receiv ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:635 (April 1998), LR 24: e the full benefits of a TOPS award as provided in §701.E be 1900 (October 1998), amended LR 25:655 (April 1999), LR 25:239 ginning: 6 (December 1999), LR 26:1994 (September 2000), repromulgated (a). with the 2004-2005 academic year (TOPS) if LR 27:1847 (November 2001), amended LR 28:447 (March 2002), their initial FAFSA or on-line application was received no lat LR 28:1760 (August 2002), LR 29:554 (April 2003), LR 30:1471 er than October 29, 2004; (July 2004), LR 30:2016 (September 2004), LR 33:440 (March 200 (b). with the 2005-2006 academic year (TOPS) if 7), LR 41: their initial FAFSA or on-line application was received after §505. Application Deadlines for High School Graduate October 29, 2004, and no later than July 1, 2005, and, if the s and Home Study Completers of 2004 and Later student enrolled as a full-time student during the 2004-2005 and Eligible Non-Graduates academic year (TOPS), the student has met the requirements A.1. - A.3. … for continuing eligibility.

19 Louisiana Register Vol. 40, No. 12 December 20, 2014 ii. Students who graduated from high school durin (b). with the 2007-2008 academic year (TOPS) if g the 2003-2004 academic year (high school) and enrolled as their initial FAFSA or on-line application is received after O a first-time freshman in an eligible college or university begi ctober 30, 2006, and no later than July 1, 2007, and, if the st nning the fall semester of 2005 are eligible to receive the full udent enrolled as a full-time student during the 2006-2007 ac benefits of a TOPS award as provided in §701.E beginning t ademic year (TOPS), the student met the requirements for co he fall semester of 2005 if their initial FAFSA or on-line app ntinuing eligibility. lication was received no later than July 1, 2005. ii. Students who graduated from high school durin iii. Students who graduated from high school durin g the 2005-2006 academic year (high school) and enrolled as g the 2003-2004 academic year (high school) and enrolled as a first-time freshman in an eligible college or university begi a first-time freshman in an eligible college or university duri nning the fall semester of 2007 are eligible to receive the full ng either the 2004-2005 academic year (TOPS) or fall semes benefits of a TOPS award as provided in §701.E beginning t ter of 2005 are eligible for a reduced TOPS award (see Subs he fall semester of 2007 if their initial FAFSA or on-line app ection 505.D, below) beginning with the fall semester of 200 lication was received no later than July 1, 2007. 5, if their initial FAFSA or on-line application was received iii. Students who graduate from high school during after July 1, 2005 and no later than October 31, 2005, and, if the 2005-2006 academic year (high school) and enroll as a fi the student enrolled as a full-time student during the 2004-20 rst-time freshman in an eligible college or university during 05 academic year (TOPS), the student has met the requireme either the 2006-2007 academic year (TOPS) or the fall seme nts for continuing eligibility. ster of 2007 are eligible for a reduced TOPS award (see Subs d.i. Students who graduated from high school during ection 505.D, below) beginning with the fall semester of 200 the 2004-2005 academic year (high school) and enrolled as a 7, if their initial FAFSA or on-line application is received aft first-time freshman in an eligible college or university durin er July 1, 2007, and no later than October 29, 2007, and, if th g the 2005-2006 academic year (TOPS) will be eligible to re e student enrolled as a full-time student during the 2006-200 ceive the full benefits of a TOPS award as provided in §701. 7 academic year (TOPS), the student met the requirements fo E beginning: r continuing eligibility. (a). with the 2005-2006 academic year (TOPS) if 2. Returning Students their initial FAFSA or on-line application is received no later a. Beginning with the 2002-2003 through the 2004- than October 31, 2005; 2005 academic year (TOPS), in order for a returning student (b). with the 2006-2007 academic year (TOPS) if to receive the full benefits of a TOPS award as provided in § their initial FAFSA or on-line application is received after O 701.E, the final deadline for receipt of a student's initial FAF ctober 31, 2005, and no later than July 1, 2006, and, if the st SA or the on-line application is May 1 of the academic year udent enrolled as a full-time student during the 2005-2006 ac (TOPS) he first enrolls as a full-time student in an eligible co ademic year (TOPS), the student met the requirements for co llege or university. ntinuing eligibility. b. Beginning with the 2005-2006 academic year (T ii. Students who graduated from high school durin OPS), in order for a returning student to receive the full bene g the 2004-2005 academic year (high school) and enrolled as fits of a TOPS award as provided in §701.E, the final deadlin a first-time freshman in an eligible college or university begi e for receipt of the student's initial FAFSA or the on-line app nning the fall semester of 2006 are eligible to receive the full lication is the July 1 immediately following the academic ye benefits of a TOPS award as provided in §701.E beginning t ar (TOPS) he first enrolls as a full-time student in an eligible he fall semester of 2006 if their initial FAFSA or on-line app college or university. lication was received no later than July 1, 2006. C.3. - E. … iii. Students who graduated from high school durin F. Renewal FAFSA g the 2004-2005 academic year (high school) and enrolled as 1.a. Through the 2004-2005 academic year (TOPS), in o a first-time freshman in an eligible college or university duri rder to remain eligible for TOPS awards, a student who is eli ng either the 2005-2006 academic year (TOPS) or fall semes gible for federal grant aid must file a renewal FAFSA so that ter of 2006 are eligible for a reduced TOPS award (see Subs it is received by May 1 of each academic year (TOPS) after i ection 505.D, below) beginning with the fall semester of 200 nitial eligibility is established. 6, if their initial FAFSA or on-line application was received b. Beginning with the 2005-2006 academic year (T after July 1, 2006, and no later than October 30, 2006, and, if OPS), in order to remain eligible for TOPS awards, a student the student enrolled as a full-time student during the 2005-20 who is eligible for federal grant aid must file a renewal FAF 06 academic year (TOPS), the student met the requirements f SA so that it is received by the July 1 immediately preceding or continuing eligibility. each academic year (TOPS) after initial eligibility is establis e.i. Students who graduate from high school during t hed. he 2005-2006 academic year (high school) and enroll as a fir 2. Students who can demonstrate that they do not qual st-time freshman in an eligible college or university during t ify for federal grant aid because of their family's financial co he 2006-2007 academic year (TOPS) will be eligible to recei ndition are not required to submit a renewal FAFSA. ve the full benefits of a TOPS award as provided in §701.E b 3.a. In the event of a budgetary shortfall, applicants who eginning: do not file a renewal FAFSA or who do not complete all sect (a). with the 2006-2007 academic year (TOPS) if ions of the FAFSA will be the first denied a TOPS award. their initial FAFSA or on-line application is received no later b. Students who can demonstrate that they do not qu than October 30, 2006; alify for federal grant aid because of their family's financial condition and do not want to be the first denied a TOPS awar

Louisiana Register Vol. 40, No. 12 December 20, 2014 20 d must file a renewal FAFSA so that it is received by the Jul wing the final deadline for receipt of the student's FAFSA or y 1 immediately preceding each academic year (TOPS) after on-line application. For example, if a student’s graduates fro initial eligibility is established. m high school in May 2011, the final deadline for receipt of t 4. All recipients of Louisiana Scholarship and Grant P he student's FAFSA or on-line application is July 1, 2012, an rograms other than TOPS and the Rockefeller Wildlife Schol d the deadline for receipt of all documents relevant to establi arship Program must submit a renewal FAFSA for each acad shing eligibility is January 15, 2013. emic year (TOPS) the student enrolls. C. Returning Students G. If a prescribed deadline date falls on a weekend or hol 1. Returning students, who graduated high school duri iday, it will automatically be extended to the next business d ng the 2001-2002 academic years (high school) and who enr ay. oll in an eligible college or university in the spring semester AUTHORITY NOTE: Promulgated in accordance with R.S. 17 2003, must submit documentation that establishes TOPS elig 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. ibility no later than May 1, 2004. HISTORICAL NOTE: Promulgated by the Student Financial A 2. Returning students, who enroll in an eligible colleg ssistance Commission, Office of Student Financial Assistance, LR e or university in the fall semester of 2003 through the sprin 22:338 (May 1996), repromulgated LR 24:635 (April 1998), amend ed LR 24:1901 (October 1998), repromulgated LR 27:1847 (Nove g semester of 2005, must submit documentation that establis mber 2001), amended LR 30:2017 (September 2004), LR 31:37 (Ja hes TOPS eligibility no later than May 1 of the academic yea nuary 2005), LR 32:2238 (December 2006), LR 33:83 (January 200 r (TOPS) the student enrolls in an eligible college or universi 7), LR 33:2357 (November 2007), LR 34:235 (February 2008), LR ty. For example, a student who seeks to enroll in an eligible 37:588 (February 2011), LR 41: college or university in the fall semester of 2003 must submi §507. Final Deadline for Submitting Documentation of t documentation that establishes TOPS eligibility no later tha Eligibility n May 1, 2004. A. LASFAC will continue to process eligibility for both 3.a. Returning students, who enroll in an eligible colleg new and renewal applicants during each award year until Jul e or university in academic year (TOPS) 2005-2006 or acade y 1 after the spring term of that award year. mic year (TOPS) 2006-2007, must submit an application to r B.1. Through the 2004-2005 academic year (TOPS), all d eturn from an out-of-state college no later than July 1 immed ocumentation and certifications necessary to establish studen iately following the academic year (TOPS) the student enroll t eligibility including, but not limited to, high school and/or s as a full-time student in an eligible college or university an college transcripts and certifications, copies of student aid re d must submit any supporting documentation required by the ports, applicant confirmation forms, promissory notes, ACT application no later than April 15 following the July 1 deadli and/or SAT scores, residency affidavits, proof of citizenship ne. or permanent residency status and other documents that may b.i. To receive the full benefits of a TOPS award as p be utilized in determining eligibility, must be received by L rovided in §701.E, returning students, who enroll in an eligib ASFAC no later than May 1 of the award year. For example, le college or university in the fall semester of 2007 or later, to receive an award for the 2004-2005 award year, LASFAC must submit an application to return from an out-of-state coll must have in its possession all documents relevant to establis ege no later than July 1 immediately following the academic hing eligibility by May 1, 2005. year (TOPS) the student enrolls as a full-time student in an e 2. Beginning with the 2005-2006 academic year (TOP ligible college or university and must submit any supporting S) through the 2010-11 academic year (TOPS), all document documentation required by the application no later than Janu ation and certifications necessary to establish student initial ary 15 following the July 1 deadline. eligibility including, but not limited to, high school and/or co b.ii. - c.vii.… llege transcripts and certifications, copies of student aid repo 4.a. Beginning with the 2007-2008 academic year (TOP rts, applicant confirmation forms, promissory notes, ACT an S), all documentation and certifications necessary to establis d/or SAT scores, residency affidavits, proof of citizenship or h a returning student's initial eligibility including, but not lim permanent residency status and other documents that may be ited to, high school and/or college transcripts and certificatio utilized in determining eligibility, must be received by LASF ns, copies of student aid reports, ACT and/or SAT scores, res AC no later than July 1 immediately following the academic idency affidavits, proof of citizenship or permanent residenc year (TOPS) the student is first eligible for payment of a TO y status and other documents that may be utilized in determi PS award . For example, if a student’s initial FAFSA is recei ning eligibility, must be received by LASFAC no later than J ved no later than July 1, 2007, for that student to receive an a anuary 15 immediately following the deadline for receipt of t ward for the 2007-2008 academic year (TOPS), LASFAC m he student's FAFSA or on-line application. ust have in its possession all documents relevant to establishi b.- b.iii. … ng eligibility by July 1, 2008. D.1. A student who successfully completed an undergradu 3. Beginning with the 2011-12 academic year (TOPS), ate degree prior to or during the 2001-2002 academic year (T all documentation and certifications necessary to establish st OPS) and wishes to receive his remaining award eligibility t udent initial eligibility including, but not limited to, high sch o attend a postgraduate school must provide the documentati ool and/or college transcripts and certifications, copies of stu on and certifications required to establish student eligibility dent aid reports, applicant confirmation forms, promissory n no later than May 1, 2004. otes, ACT and/or SAT scores, residency affidavits, proof of c 2. A student who successfully completes an undergrad itizenship or permanent residency status and other document uate degree during the 2002-2003 through the 2004-2005 ac s that may be utilized in determining eligibility, must be rece ademic year (TOPS) and wishes to receive his remaining aw ived by LASFAC no later than January 15 immediately follo ard eligibility to attend a postgraduate school must provide t

21 Louisiana Register Vol. 40, No. 12 December 20, 2014 he documentation and certifications required to establish stu llege or university, for a period not to exceed eight semesters dent eligibility no later than May 1 of the academic year (TO including qualified summer sessions, 12 quarters, including PS) the student seeks to receive his remaining award eligibili qualified summer sessions, or an equivalent number of units ty. For example, to receive the remaining award for the 200 in an eligible institution which operates on a schedule based 3-2004 academic year (TOPS), the student must submit the r on units other than semesters or quarters, except as provided equired documents no later than May 1, 2004. by R.S. 17:3048.1(H), or LAC 28:IV.503.D, 509.C or 701.E. 3. A student who successfully completes an undergrad 3.b. The stipend will be paid for each qualified summer sessi uate degree during the 2005-2006 academic year (TOPS) or l on, semester, quarter, term, or equivalent unit for which tuiti ater and wishes to receive his remaining award eligibility to on is paid. Attending a qualified summer session for which t attend a postgraduate school must provide the documentatio uition is paid will count toward the eight semester limit for T n and certifications required to establish student eligibility n OPS. o later than July 1 immediately following the academic year 3.b. - 5.a. … (TOPS) the student seeks to receive his remaining award elig b. in a program for a vocational or technical educati ibility. For example, to receive the remaining award for the 2 on certificate or diploma or a non-academic undergraduate d 006-2007 academic year (TOPS), the student must submit th egree receive an amount equal to the average award amount e required documents no later than July 1, 2007. (TOPS-Tech), as defined in §301, plus any applicable stipend E. The reduction of the student's period of eligibility for prorated by two semesters, three quarters, or equivalent unit this award under §507.C above shall not be cumulative with s in each academic year (TOPS). The stipend will be paid for any reduction under §505.D or §509.C. each qualified summer session, semester, quarter, term or eq AUTHORITY NOTE: Promulgated in accordance with R.S. 17 uivalent unit for which tuition is paid. Attending a qualified s 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. ummer session for which tuition is paid will count toward th HISTORICAL NOTE: Promulgated by the Student Financial A e eight-semester limit for TOPS. ssistance Commission, Office of Student Financial Assistance, LR 6. - 11.c. … 22:338 (May 1996), repromulgated LR 24:635 (April 1998), amend ed LR 24:1901 (October 1998), repromulgated LR 27:1847 (Nove F. Beginning with the 2000-2001 academic year (TOPS) mber 2001), amended LR 28:447 (March 2002), LR 30:1161 (June and continuing for the remainder of their program eligibility, 2004), LR 30:1471 (July 2004), LR 30:2019 (September 2004), LR students who meet each of the following requirements shall 32:2238 (December 2006), LR 33:2357 (November 2007), LR 34:1 be awarded a stipend in the amount of $200 per qualified su 389 (July 2008), LR 34:1884 (September 2008), LR 36:312 (Febru mmer session, semester, quarter, term, or equivalent unit for ary 2010), LR 38:3157 (December 2012), LR 41: which tuition is paid which shall be in addition to the amoun Chapter 7. Taylor Opportunity Program for Students (T t determined to equal the tuition charged by the public colleg OPS) Opportunity, Performance, and Ho e or university attended or, if applicable, the amount provide nors Awards d for attendance at an eligible nonpublic college or universit §701. General Provisions y: A. - E.1.b. … 1. prior to June 18, 1999, the student was determined 2.a. The TOPS Performance Award provides a $400 ann by the administering agency to be eligible for a Performance ual stipend, prorated by two semesters, three quarters, or equ Award, but who chose either by submission of a completed a ivalent units in each academic year (TOPS), in addition to an ward confirmation form or by not sending in a completed aw amount equal to tuition for full-time attendance at an eligible ard confirmation form to receive an Opportunity Award and college or university, for a period not to exceed eight semest was awarded an opportunity award; and ers, including qualified summer sessions, 12 quarters, includ 2. the student, once enrolled at an eligible institution, ing qualified summer sessions, or an equivalent number of u has continuously met all requirements to maintain continued nits in an eligible institution which operates on a schedule ba state payment for a Performance Award. sed on units other than semesters or quarters, except as provi G. Beginning with the 2000-2001 academic year (TOPS) ded by R.S. 17:3048.1(H), or LAC 28:IV.503.D, 509.C, or 7 and continuing for the remainder of their program eligibility, 01.E.2.b. The stipend will be paid for each qualified summer students who meet each of the following requirements shall session, semester, quarter, term, or equivalent unit for which be awarded a stipend in the amount of $400 per qualified su tuition is paid. Attending a qualified summer session for whi mmer session, semester, quarter, term, or equivalent unit for ch tuition is paid will count toward the eight semester limit f which tuition is paid which shall be in addition to the amoun or TOPS. t determined to equal the tuition charged by the public colleg b. The semester or term count for a student shall not e or university attended or, if applicable, the amount provide be increased for any semester or term a student is unable to c d for attendance at an eligible nonpublic college or universit omplete because of orders to active duty in the United States y: Armed Forces or National Guard, whether or not a full refun 1. - 2. … d for the TOPS payment for that semester or term is received AUTHORITY NOTE: Promulgated in accordance with R.S. 17 by LOSFA, provided that any amount of a stipend paid and n 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. ot refunded shall be counted toward the total stipends allowe HISTORICAL NOTE: Promulgated by the Student Financial A d by law. ssistance Commission, Office of Student Financial Assistance, LR 3.a. The TOPS Honors Award provides an $800 annual 22:338 (May 1996), amended LR 23:1645-1648 (December 1997), repromulgated LR 24:635 (April 1998), amended LR 24:1901 (Oct stipend, prorated by two semesters, three quarters, or equival ober 1998), LR 25: 256 (February 1999), LR 26:67 (January 2000), ent units in each academic year (TOPS), in addition to an am LR 26:1262 (June 2000), LR 26:1995 (September 2000), LR 26:20 ount equal to tuition for full-time attendance at an eligible co 00 (September 2000), repromulgated LR 27:1848 (November 200

Louisiana Register Vol. 40, No. 12 December 20, 2014 22 1), amended LR 28:447 (March 2002), LR 28:2331 (November 200 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 2), LR 29:880 (June 2003), LR 29:2372 (November 2003), LR 30:1 3021-3025, R.S. 17:3042.1, and R.S. 17:3048.1. 161 (June 2004), LR 31:2213 (September 2005), LR 35:228 (Febru HISTORICAL NOTE: Promulgated by the Student Financial A ary 2009), LR 36:2854 (December 2010), LR 40:1002 (May 2014), ssistance Commission, Office of Student Financial Assistance, LR LR 41: 22:338 (May 1996), repromulgated LR 24:636 (April 1998), amend §703. Establishing Eligibility ed LR 24:1902 (October 1998), LR 24:2237 (December 1998), LR A. To establish eligibility for a TOPS Opportunity, Perfor 25:257 (February 1999), LR 25:655 (April 1999), LR 25:1794 (Oct mance or Honors Award, the student applicant must meet all ober 1999), LR 26:64, 67 (January 2000), LR 26:689 (April 2000), of the following criteria: LR 26:1262 (June 2000), LR 26:1602 (August 2000), LR 26:1996, 1999, 2001 (September 2000), LR 26:2268 (October 2000), LR 26: 1.a. for students graduating in academic year (high scho 2753 (December 2000), LR 27:36 (January 2001), LR 27:702 (May ol) 2001-2002 and prior, be a United States citizen, provided 2001), LR 27:1219, 1219 (August 2001), repromulgated LR 27:185 however, that a student who is not a citizen of the United Sta 0 (November 2001), amended LR 28:772 (April 2002), LR 28:2330, tes but who is eligible to apply for such citizenship shall be d 2332 (November 2002), LR 29:125 (February 2003), LR 29:2372 eemed to satisfy the citizenship requirement, if within 60 da (November 2003), LR 30:1162 (June 2004), LR 30:1471 (July 200 ys after the date the student attains the age of majority, the st 4), LR 30:2019 (September 2004), LR 31:37 (January 2005), LR 31 udent applies to become a citizen of the United States and ob 2213 (September 2005), LR 31:3112 (December 2005), LR 32:223 tains such citizenship within one year after the date of the ap 9 (December 2006), LR 33:435 (March 2007), LR 33:2357 (Novem ber 2007), LR 33:2612 (December 2007), LR 34:1389 (July 2008), plication for citizenship. Those students who are eligible for LR 35:228 (February 2009), LR 36:312 (February 2010), LR 36:49 U.S. citizenship and who otherwise qualify for a TOPS awar 0 (March 2010), LR 36:2269 (October 2010), LR 36:2855 (Decemb d, will continue to satisfy the citizenship requirements for a er 2010), LR 37:2987 (October 2011), LR 38:354 (February 2012), TOPS award for one year after the date of the student's appli LR 38:3158 (December 2012), LR 39:481 (March 2013), LR 39:24 cation for citizenship, at which time, if the student has not pr 85 (September 2013), LR 40:54 (January 2014), LR 41: ovided proof of U.S. citizenship to the Office of Student Fin §705. Maintaining Eligibility ancial Assistance, the student's TOPS award will be suspend A. - A.5. … ed until such time as proof of citizenship is provided and can 6. minimum academic progress: celed if such proof is not provided by May 1 of the followin a.i. in an academic undergraduate program at an eligi g academic year (TOPS). Students cancelled solely due to th ble college or university, by the end of each academic year eir failure to become a United States citizen within one year (TOPS), earn a total of at least 24 college credit hours as det after the date of application shall be reinstated to their award ermined by totaling the earned hours reported by the instituti if they are a United States citizen or a permanent resident as on for each semester or term in the academic year (TOPS), i defined by the Bureau of Citizenship and Immigration Servi ncluding any hours earned during an intersession ending duri ces and were eligible to apply for United States citizenship ng the academic year. These hours shall include remedial co when cancelled and have met the requirements for maintaini urse work required by the institution, but shall not include ho ng eligibility for the award; urs earned during qualified summer sessions, summer sessio 1.b. - 4.f. … ns or intersessions that do not end during the academic year g. all students must apply for an award by July 1 of or by advanced placement course credits. Unless granted an the academic year (high school) in which they graduate to es exception for cause by LASFAC, failure to earn the required tablish their initial qualification for an award, except as prov number of hours will result in permanent cancellation of the ided by §503.D. For a student entitled to defer acceptance of recipient's eligibility; or an award under §703.A.4.b or d that student must apply by J ii. beginning in the 2008-2009 and through the 20 uly 1 of the academic year (high school) in which the student 10-2011 academic year (TOPS), in an academic undergradua graduates, except as provided by §503.D: te program at an eligible college or university, by the end of i. and, if enrolling in an academic program, must each academic year (TOPS), earn a total of at least 24 colleg also apply by July 1 prior to the academic year (TOPS) in w e credit hours as determined by totaling the earned hours rep hich the student intends to first accept the award, and by July orted by the institution for each semester or quarter in the ac 1 of every year of eligibility thereafter, except as provided in ademic year (TOPS), including any hours §501.B; or ii. and, if enrolling in a program for a vocational o r technical education certificate or diploma or a non-academi c undergraduate degree, must also apply by the July 1 imme diately after the start of the academic year (TOPS) in which t he student intends to first accept the award, and by July 1 of every year of eligibility thereafter, except as provided in §50 1.B; A.5.a. - H.1.c. … 2. A returning student who fails to enroll by the deadli ne established in §703.A.4 or to maintain full-time enrollme nt or to earn 24 hours during an academic year (TOPS) while enrolled in an out-of-state college or university, shall not be eligible for a TOPS award unless granted an exception in acc ordance with §2103. H.3. - J.4.b.ii. …

23 Louisiana Register Vol. 40, No. 12 December 20, 2014 earned during an intersession ending during the academic ye 7. maintain steady academic progress as defined in §3 ar or immediately following the spring term. These hours sha 01; and ll include remedial course work required by the institution, b 8.a. through the 2014-15 academic year (TOPS), mainta ut shall not include hours earned during qualified summer se in at an eligible college or university, by the end of the sprin ssions, summer sessions or intersessions that do not end duri g semester, quarter, or term, a TOPS cumulative college grad ng the academic year or intersessions that do not immediatel e point average on a 4.00 maximum scale of at least: y follow the spring term or by advanced placement course cr i. a 2.30 with the completion of 24 but less than 4 edits. Unless granted an exception for cause by LASFAC, fai 8 credit hours, a 2.50 after the completion of 48 credit hours, lure to earn the required number of hours will result in perm for continuing receipt of an Opportunity Award, if enrolled i anent cancellation of the recipient's eligibility; or n an academic program; or iii. beginning in the 2011-2012 academic year (TO ii. a 2.50, for continuing receipt of an Opportunity PS), in an academic undergraduate program at an eligible col Award, if enrolled in a program for a vocational or technical lege or university, by the end of each academic year (TOPS), education certificate or diploma or a non-academic undergra earn a total of at least 24 college credit hours as determined duate degree; and by totaling the earned hours reported by the institution for ea b. beginning the 2015-16 academic year (TOPS), m ch semester or quarter, intersession and summer session in th aintain at an eligible college or university, by the end of the s e academic year (TOPS) (includes any hours earned during a pring semester or quarter, a TOPS cumulative college grade ny intersession and/or summer session ending before the foll point average (Opportunity, Performance, Honors) on a 4.00 owing fall semester or quarter). These hours shall include re maximum scale of at least: medial course work required by the institution and hours for i. a 2.30 with 24 but less than 48 earned credit ho repeated courses, but shall not include hours by advanced pl urs for continuing receipt of an Opportunity Award, if enroll acement course credits, by credit by exam, or through the Co ed for the spring semester or quarter in an academic program llege-Level Examination Program. Unless granted an excepti or on for cause by LASFAC, failure to earn the required numbe ii. a 2.50 with 24 but less than 48 earned credit ho r of hours will result in permanent cancellation of the recipie urs for continuing receipt of an Opportunity Award, if enroll nt's eligibility; or ed for the spring semester or quarter in a program for a vocat b. in a program for a vocational or technical educati ional or technical education certificate or diploma or a non-a on certificate or diploma or a non-academic undergraduate d cademic undergraduate degree; or egree at an eligible college or university, by the end of each iii. a 2.50 with 48 or more earned credit hours for academic year (TOPS), earn a total of at least 24 college cre continuing receipt of an Opportunity Award, if enrolled for t dit hours as determined by totaling the earned hours reported he spring semester or quarter in any program of study; and by the institution for each semester or quarter, intersession a c. a 3.00 for continuing receipt of either a Performa nd summer session in the academic year (TOPS) (includes a nce or Honors Award; or ny hours earned during any intersession and/or summer sessi d. the minimum grade necessary to maintain good st on ending before the following fall semester or quarter). The anding, if enrolled in a graduate or professional program; or se hours shall include remedial course work required by the i e. meet the federal grant aid steady academic progre nstitution and hours for repeated courses, but shall not includ ss requirement at that school, if enrolled in an eligible cosme e hours by advanced placement course credits, by credit by e tology or proprietary school; and xam, or through the College-Level Examination Program. U B.1. Students failing to meet the requirements listed in §7 nless granted an exception for cause by LASFAC, failure to 05.A.7 or §705.A.8.a, b, d, or e may have their tuition award earn 24 hours during the academic year (TOPS) will result in s reinstated upon regaining “steady academic progress” (see permanent cancellation of the recipient's eligibility; or §301) and/or attainment of the required TOPS cumulative gr c. in an academic graduate or professional program ade point average, if the period of ineligibility did not persist at an eligible college or university, by the end of each acade for more than two years from the date of loss of eligibility. mic year (TOPS), earn at least the total college credit hours r 2. If the two-year period is interrupted due to a studen equired by the college or university for full-time enrollment t's active duty in the United States Armed Forces, the two-ye for each semester or quarter as determined by totaling the ea ar period will be extended for a length of time equal to the st rned hours reported by the institution for each semester or qu udent's active duty service. arter, intersession and summer session in the academic year 3. Students who fail to meet the requirements of §705. (TOPS) (includes any hours earned during any intersession a A.8.c, shall no longer be eligible for the stipend authorized f nd/or summer session ending before the following fall semes or the Performance and Honors Awards, but shall be eligible ter or quarter). These hours shall not include hours by advan to receive the award amount for the Opportunity Award if th ced placement course credits, by credit by exam, or through t ey meet the continuation requirements of §705.A.8.a, b, d or he College-Level Examination Program. Unless granted an e e. xception for cause by LASFAC, failure to earn the required number of hours will result in permanent cancellation of the recipient's eligibility; or d. in an eligible cosmetology or proprietary school, meet the federal grant aid steady academic progress require ment at that school; and

Louisiana Register Vol. 40, No. 12 December 20, 2014 24 4.a. A student shall have one semester or quarter after th to make steady academic progress shall be extended o e spring semester or quarter of 2016 for which the TOPS aw n a one-for-one basis for each semester or term in which the ard will be paid to meet the requirements of §705.A.8.b if th student does not enroll on a full-time basis in an eligible coll e student: ege or university during the 2005-2006 academic year (TOP i. failed to meet the requirements listed in §705. S). A.8.b solely because the calculation of the TOPS cumulative 2. - 3. … grade point average (Opportunity, Performance, Honors) at t F.1. A student who successfully completes a baccalaureate he end of the spring semester or quarter of 2016 includes bot degree without having exhausted his period of award eligibil h hours and grades for courses taken before the 2015-16 aca ity shall receive an award for the remainder of his eligibility demic year (TOPS) in both academic and technical courses o if he enrolls in a graduate or professional school at an eligibl f study; and e college or university no later than the fall semester immedi ii. was a high school graduate or home study com ately following the first anniversary of the student's completi pleter who enrolled for the first time as a full-time student in on of an undergraduate degree and has met the requirements an eligible postsecondary institution before the 2015-16 acad for continued eligibility set forth in §705.A.6. The remaining emic year (TOPS); and eligibility may not be used to pursue a second undergraduate iii. not suspended after the spring semester or quar degree. ter of 2014-15 academic year (TOPS). 2. Beginning with the 2012-2013 academic year (TOP b. The TOPS award of a student who meets the requ S), a student who successfully completes any type of technic irements of §705.B.4.a shall not be suspended unless the stu al, vocational, or academic credential other than a baccalaure dent fails to meet the requirements of §705.A.8.b by the end ate degree without having exhausted his period of award elig of the fall semester or quarter of 2016 in which case: ibility shall receive an award for the remainder of his eligibil i. the student’s TOPS award shall be suspended e ity if he enrolls in a program of study leading to a baccalaure ffective at the end of the fall semester or quarter of 2016; an ate degree, to a vocational or technical certificate or diploma, d or to a non-academic degree at an eligible college or univers ii. the provisions of §705.B.1 and 2 shall apply. ity no later than the fall semester immediately following the c. If a student does not enroll full-time for the fall s first anniversary of the student's completion of an associate’s emester or quarter of 2016 and any subsequent consecutive s degree and has met the requirements for continued eligibility emesters or quarters and is granted an exception for all of th set forth in §705.A.6. ose semesters or quarters, the provisions of §705.B.4.b shall AUTHORITY NOTE: Promulgated in accordance with R.S. 17 be extended to the end of the next semester or quarter during 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. which the student enrolls full-time and for which the student’ HISTORICAL NOTE: Promulgated by the Student Financial A s TOPS award is paid. ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:637 (April 1998), amend C. - D.3. … ed LR 24:1904 (October 1998), LR 25:257 (February 1999), LR 25 E. Natural Disaster Maintaining Eligibility Requirements 656 (April 1999), LR 25:1091 (June 1999), LR 26:67 (January 200 1. To continue receiving the TOPS Opportunity, Perfo 0), LR 26:688 (April 2000), LR 26:1996 (September 2000), LR 26: rmance or Honors Awards, a displaced student must meet all 2001 (September 2000), repromulgated LR 27:1853 (November 20 of the criteria in §705.A-D above, except as follows. 01), amended LR 28:447 (March 2002), LR 28:772 (April 2002), L a. The TOPS award of a displaced student who enro R 28:2332 (November 2002), LR 29:2373 (November 2003), LR 3 lls for the first time as a full-time student in an eligible out-o 0:781 (April 2004), LR 30:1163 (June 2004), LR 30:2019 (Septem f-state college or university during the 2005-2006 academic ber 2004), LR 31:3115 (December 2005), LR 33:437 (March 2007) year (TOPS) and subsequently enrolls at a Louisiana eligible , LR 34:1390 (July 2008), LR 36:491 (March 2010), LR 36:2856 (December 2010), LR 38:3159 (December 2012), LR 40:1002 (Ma college or university shall not be reduced due to enrollment i y 2014), LR 41: n an eligible out-of-state institution during the 2005-2006 ac Chapter 8. TOPS-Tech Award ademic year (TOPS). §801. General Provisions b. The TOPS award of a displaced student who has A. - D.2. … been enrolled in a Louisiana eligible college or university an 3. Beginning with the 2010-2011 academic year (TOP d who subsequently enrolls as a full-time student in an eligib S), in lieu of the amount equal to tuition as provided by LAC le out-of-state institution during the 2005-2006 academic yea 28:IV.701.E.1-3, students with the TOPS-Tech Award partici r (TOPS) shall not be cancelled due to such out-of-state enro pating in the program provided by R.S. 29:36.1 for persons s llment. erving in the Louisiana National Guard shall receive the tuiti c. The TOPS award of a displaced student who has on exemption as provided therein, plus a sum of $300 per se been enrolled in a Louisiana eligible college or university an mester or $600 per program year (nonacademic program) to d who subsequently enrolls as a full-time student in an eligib be applied toward the cost of books and other instructional le out-of-state institution during the 2005-2006 academic yea materials. r (TOPS) shall not be reduced for those semesters or terms s AUTHORITY NOTE: Promulgated in accordance with R.S. 17 uch displaced student was enrolled in an eligible out-of-state 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. institution during the 2005-2006 academic year (TOPS). HISTORICAL NOTE: Promulgated by the Student Financial A d. The period of suspension of a TOPS award for a ssistance Commission, Office of Student Financial Assistance, LR displaced student due to the student not meeting a requireme 24:1904 (October 1998), amended LR 26:1997 (September 2000), r nt to maintain a minimum grade point average or epromulgated LR 27:1854 (November 2001), amended LR 36:2856 (December 2010), LR 41:

25 Louisiana Register Vol. 40, No. 12 December 20, 2014 §805. Maintaining Eligibility amount shall be at the same as the opportunity award for that A. To continue receiving the TOPS-Tech Award, the reci institution. pient must meet all of the following criteria: D.2. - E. … 1. have received the TOPS-Tech Award for not more t AUTHORITY NOTE: Promulgated in accordance with R.S. 17 han two years or the equivalent number of terms and summe 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. r sessions, provided that not attending a summer session shal HISTORICAL NOTE: Promulgated by the Student Financial A l not reduce the number of eligible terms; and, except as pro ssistance Commission, Office of Student Financial Assistance, LR 24:1905 (October 1998) amended LR 25:1091 (June 1999), LR 26: vided by §805.C, or unless reduced as required by §503.D; 68 (January 2000), LR 26:689 (April 2000), LR 26:1997, 2002 (Se 2. - 4. … ptember 2000), repromulgated LR 27:1856 (November 2001), ame 5. continue to enroll and accept the TOPS Tech Award nded LR 28:774 (April 2002), LR 28:2332 (November 2002), LR 2 as a full-time student in an eligible college or university defi 9:880 (June 2003), LR 29:2373 (November 2003), LR 30:781 (Apri ned in §301, and maintain an enrolled status throughout the a l 2004), LR 30:1165 (June 2004), LR 30:2019 (September 2004), L cademic year (TOPS) (Enrollment in a summer session is op R 31:3115 (December 2005), LR 33:438 (March 2007), LR 35:148 tional and is not required to meet this requirement.), unless g 9 (August 2009), LR 38:3160 (December 2012), LR 40:1002 (May ranted an exception for cause by LASFAC; and 2014), LR 41: 6. … Chapter 19. Eligibility and Responsibilities of Post-Sec 7. maintain, by the end of the spring term, a TOPS cu ondary Institutions mulative college grade point average (TOPS Tech) of at least §1903. Responsibilities of Post-Secondary Institutions 2.50 on a 4.00 maximum scale, provided that this requireme A. - A.2.h. … nt does not apply to a student who is enrolled in a cosmetolo 3. Beginning with the 2013-2014 academic year (TOP gy or proprietary school that is an eligible college or universi S), an institution shall also report: ty and the student has met the federal grant aid steady acade a. a student’s completion of program of study; mic progress requirement at that school; and b. whether the program of study was academic or te 8. earn a total of at least 24 college credit hours as det chnical; ermined by totaling the earned hours reported by the instituti c. type of credential (degree, certificate, diploma, b on for each semester or term in the academic year (TOPS). U accalaureate); nless granted an exception for cause by LASFAC, failure to d. semester of completion. earn the required number of hours will result in permanent c B. - B.9. … ancellation of the recipient's eligibility, provided that this req 10.a. upon the school's certification that a student who uirement does not apply to a student who is enrolled in a cos is eligible for a TOPS-Tech Early Start Award is enrolled in metology or proprietary school that is an eligible college or an industry based occupational or vocational education crede university and the student has met the federal grant aid stead ntial program in a top demand occupation, institutions shall y academic progress requirement at that school. bill for, and LASFAC will pay the institution, for each such r B. - D.1. … ecipient according to the following schedule. a. The TOPS Tech Award of a displaced student wh o has been enrolled in a Louisiana eligible college or univers Credit Hours Payment 1 $50 ity and who subsequently enrolls as a full-time student in an 2 $100 eligible out-of-state institution during the 2005-2006 academ 3 $150 ic year (TOPS) shall not be cancelled due to such out-of-stat 4 $200 e enrollment. 5 $250 b. The TOPS Tech Award of a displaced student wh 6 $300 o has been enrolled in a Louisiana eligible college or univers ity and who subsequently enrolls as a full-time student in an b. The maximum that may be billed is $300 per sem eligible out-of-state institution during the 2005-2006 academ ester and $600 per academic year (TOPS). ic year (TOPS) shall not be reduced for those semesters or te c. Institutions may not bill for summer semesters or rms such displaced student was enrolled in an eligible out-o sessions. f-state institution during the 2005-2006 academic year (TOP B.11.a. - G.2. … S). AUTHORITY NOTE: Promulgated in accordance with R.S. 17 3021-3036, R.S. 17:3042.1, 17:3041.10-3041.15, 17:3041.21-3041. c. The period of suspension of a TOPS Tech Award 26, R.S. 17:3048.1, and R.S. 17:3050.1-3050.4. for a displaced student due to the student not meeting a requi HISTORICAL NOTE: Promulgated by the Student Financial A rement to maintain a minimum grade point average or to ma ssistance Commission, Office of Student Financial Assistance, LR ke steady academic progress shall be extended on a one-for- 22:338 (May 1996), repromulgated LR 24:645 (April 1998), amend one basis for each semester or other term in which the studen ed LR 24:1914 (October 1998), LR 25:1459 (August 1999), LR 26: t does not enroll on a full-time basis in an eligible college or 1998 and 2002 (September 2000), repromulgated LR 27:1864 (Nov university during the 2005-2006 academic year (TOPS). ember 2001), amended LR 28:448 (March 2002), LR 28:775 (April d. A TOPS Tech Award may be used by a displaced 2002), LR 28:1760 (August 2002), LR 28:2333 (November 2002), student during the 2005-2006 academic year (TOPS) to enrol LR 30:784 (April 2004), LR 30:1166 (June 2004), LR 31:40 (Janua ry 2005), LR 31:3111, 3114 (December 2005), LR 33:1340 (July 20 l on a full-time basis in an academic program at a Louisiana 07), LR 35:1233 (July 2009), LR 35:1490 (August 2009), LR 35:14 eligible college or university to take courses that contribute t 91 (August 2009), LR 36:2857 (December 2010), LR 40:282 (Febr o the pursuit of a skill or occupation. In such case, the award uary 2014), LR 40:1003 (May 2014), LR 41:

Louisiana Register Vol. 40, No. 12 December 20, 2014 26 Chapter 21. Miscellaneous Provisions and Exceptions AUTHORITY NOTE: Promulgated in accordance with R.S. 17 §2103. Circumstances Warranting Exception to the Init 3021-3025, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3050.1-305 ial and Continuous Enrollment Requirements 0.4. HISTORICAL NOTE: Promulgated by the Student Financial A A. - C.3.b. … ssistance Commission, Office of Student Financial Assistance, LR D. Procedure for Requesting Exceptions to the Initial and 22:338 (May 1996), amended LR 23:1648 (December 1997), repro Continuous Enrollment Requirement mulgated LR 24:647 (April 1998), amended LR 24:1916 (October 1. The student should complete and submit an applicat 1998), LR 26:1015 (May 2000), LR 26:2002 (September 2000), LR ion for an exception, with documentary evidence, to the offic 27:36 (January 2001), repromulgated LR 27:1866 (November 200 e as soon as possible after the occurrence of the event or circ 1), amended LR 27:1875 (November 2001), LR 28:46 (January 200 umstance that supports the request. Through the 2000-2001 a 2), LR 28:449 (March 2002), LR 28:775 (April 2002), LR 28:2330 cademic year (TOPS), the student must submit application fo and 2333 (November 2002), LR 29:126 (February 2003), LR 29:23 r an exception no later than May 30 of the academic year the 73 (November 2003), LR 29:2373 (November 2003), LR 30:785 (A pril 2004), LR 30:1167 (June 2004), LR 31:1060 (May 2005), LR 3 student requests reinstatement. Commencing with the 2001- 3:440 (March 2007), LR 35:1233 (July 2009), LR 38:3160 (Decem 2002 academic year (TOPS), the student must submit the ap ber 2012), LR 41: plication for exception no later than six months after the date of the notice of cancellation, except that a returning student George Badge Eldredge must submit the application for exception no later than six m General Counsel onths after the date of the notice of ineligibility due to failure 1412#009 to meet the continuing eligibility requirements of §705. The deadline for filing the exception shall be prominently display DECLARATION OF EMERGENCY ed on the notice of cancellation. If the applicant for an excep Student Financial Assistance Commission tion is a dependent student, a parent or court ordered custodi Office of Student Financial Assistance an of the dependent student may submit the application for e xception on behalf of the applicant. Scholarship/Grant Programs D.2. - G.3. … TOPS Tech Early Start Award (LAC 28:IV.1003) 4.a. For the 2005-2006 academic year (TOPS), displace d students are not required to enroll as full-time students, to The Louisiana Student Financial Assistance Commission maintain continuous enrollment or to earn at least 24 hours d (LASFAC) is exercising the emergency provisions of the Ad uring the 2005-2006 academic year (TOPS). ministrative Procedure Act [R.S. 49:953(B)] to amend and r b. Displaced students may enroll on a part-time basi e-promulgate the rules of the Scholarship/Grant programs [R. s in an eligible college or university without losing TOPS eli S. 17:3021-3025, R.S. 3041.10-3041.15, and R.S. 17:3042.1. gibility. Upon request by the student, the eligible college or 1-3042.8, R.S. 17:3048.1, and R.S. 56:797(D)(2)]. university may bill for these part-time students. This rulemaking adds definitions to the TOPS Tech Early c. The terms of eligibility for a displaced student w Start Program rules including a definition of technical or app hose part-time enrollment is paid by TOPS will be reduced b lied course. y one full semester (term) for each semester (term) (part- or f This Declaration of Emergency is effective November 18, ull-time) paid. 2014, and shall remain in effect for the maximum period allo d. Institutions must document the displaced studen wed under the Administrative Procedure Act. (SG15160E) t's request for part-time payment of the award. Title 28 e. If a displaced student enrolls in an eligible colleg EDUCATION e or university during the 2005-2006 academic year (TOPS) Part IV. Student Financial Assistance―Higher and receives grades, those grades will be included in calculat Education Scholarship and Grant Programs ing the student's cumulative grade point average. Chapter 10. TOPS-Tech Early Start Award 5.a. For the 2005-2006 academic year (TOPS), students who are not displaced students, but due to the effects of a nat §1003. Definitions ural disaster were unable to enroll for the first time as full-ti Approved Training Programa program provided by an a me students by the deadline or to enroll as full-time students pproved training provider of technical and/or applied courses or to maintain continuous enrollment or to earn at least 24 ho toward a credential in a top demand occupation. urs during the academic year (TOPS), may submit a request Approved Training Providera Louisiana provider recog for an exception in accordance with §2103.D, based on one nized by the Louisiana Workforce Commission and approve of the circumstances listed in §2103.E, or in accordance with d by the State Board of Elementary and Secondary Educatio the following procedures for the circumstances described in t n to provide technical and/or applied courses toward a crede his Subsection. ntial in a top demand occupation. i. - ii. … CredentialIndustry-Based Certification, a Certificate of b. Natural Disaster Exception (for other than displac Applied Science or a Certificate of Technical Sciences appro ed students) ved by the Workforce Investment Council. i. Definition. The effects of a natural disaster pre Technical or Applied Coursea course required for a cred vented the student/recipient from enrolling as a full-time stu ential in a top demand occupation. dent or continuing enrollment or earning 24 hours during the Top Demand Occupationan occupation identified by the 2005-2006 academic year (TOPS). Occupation Forecasting Conference as being in top demand i ii. - iii. …

27 Louisiana Register Vol. 40, No. 12 December 20, 2014 n Louisiana and recognized by the State Industry-Based Cert 3. By signing the owner's agreement: ification Leadership Council. a. the account owner who is a natural person, other t AUTHORITY NOTE: Promulgated in accordance with R.S. 17 han a natural person classified as an account owner under §3 3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5. 03.A.5, certifies that: HISTORICAL NOTE: Promulgated by the Student Financial A i. both account owner and beneficiary are United ssistance Commission, Office of Student Financial Assistance, LR States citizens or permanent residents of the United States as 31:3110 (December 2005), amended LR 41: defined by the U.S. Citizenship and Immigration Services (U SCIS) or its successor or be lawfully residing in the United S George Badge Eldredge tates and have a valid Social Security number; and General Counsel 1412#008 (a). if permanent residents have provided copies of USCIS documentation with the submission of the applicat DECLARATION OF EMERGENCY ion and owner's agreement; or (b). if in the United States lawfully with a valid S Tuition Trust Authority ocial Security number have provided the visa or other docum Office of Student Financial Assistance ent(s) from the USCIS evidencing lawful residency and a co py of the Social Security card from the Social Security Admi START Savings Program (LAC 28:VI.301) nistration; and ii. the information provided in the application is tr The Louisiana Tuition Trust Authority (LATTA) is exercis ue and correct; ing the emergency provisions of the Administrative Procedur H.3.b. - I. … e Act [R.S. 49:953(B)] to amend rules of the Student Tuition AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Assistance and Revenue Trust (START Saving) Program (R. 3091-3099.2. S. 17:3091 et seq.). HISTORICAL NOTE: Promulgated by the Tuition Trust Autho This rulemaking revises the residency requirements for ac rity, Office of Student Financial Assistance, LR 23:713 (June 1997), count owners and beneficiaries to include individuals who ar amended LR 24:436 (March 1998), LR 24:1269 (July 1998), LR 2 5:1794 (October 1999), LR 26:2262 (October 2000), LR 27:1878 e lawfully residing in the United States and have a valid Soci (November 2001), LR 28:450 (March 2002), LR 28:778 (April 200 al Security number. 2), LR 28:2334 (November 2002), LR 30:786 (April 2004), LR 33: The emergency rules are necessary to allow the LATTA an 443 (March 2007), LR 36:313 (February 2010), LR 40: d educational institutions to effectively administer these prog rams. A delay in promulgating rules would have an adverse i George Badge Eldredge mpact on the financial welfare of the students and the financi General Counsel al condition of their families. LATTA has determined that the 1412#007 se emergency rules are necessary in order to prevent immine nt financial peril to the welfare of the affected students. DECLARATION OF EMERGENCY This Declaration of Emergency is effective on November Office of the Governor 18, 2014, and shall remain in effect for the maximum period Division of Administration allowed under the Administrative Procedure Act. (ST15157 Property Assistance Agency E) Title 28 EDUCATION Electronic Media Sanitization (LAC 34:VII.307 and 509) Part VI. Student Financial Assistance―Higher Education Savings Under the authority of R.S. 39:332., and in accordance wit Chapter 3. Education Savings Account h the provisions of the Administrative Procedure Act, R.S. 4 §301. Education Savings Accounts 9:950 et seq., the Louisiana Property Assistance Agency find A. - E.2. … s that an imminent peril to the public safety requires adoptio F. Citizenship Requirements. Both an account owner wh n of a Rule upon shorter notice than that provided in R.S. 49: o is not a legal entity and the beneficiary must meet the follo 953(A), as provided in R.S. 49:953(B), relative to sanitizing wing citizenship requirements: surplus electronic equipment to prevent the release of sensiti 1. be a United States citizen; or ve personal information. This Emergency Rule also requires 2. be a permanent resident of the United States as defi all electronic media assets be tagged and entered into the age ned by the U.S. Citizenship and Immigration Services (USCI ncy’s official system of recordation regardless of original ac S) or its successor and provide copies of USCIS documentati quisition cost. on with the submission of the owner's agreement; or It is necessary to adopt this Emergency Rule to have this p 3. be lawfully residing in the United States and have a rocedure in place until the corresponding permanent Rule ca valid Social Security number. n be adopted. This Emergency Rule is promulgated in accord G. - H.2. … ance with the provisions of the Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and shall take effect December 4, 2014, and shall be in effect for the maximum period allowed under the Act (120 days) or until adoption of the final Rule, whichever occurs first.

Louisiana Register Vol. 40, No. 12 December 20, 2014 28 Title 34 1. Office of Technology Services IT-POL-1-04 Data S GOVERNMENT CONTRACTS, PROCUREMENT AN anitization Policy D PROPERTY CONTROL 2. Office of Technology Services IT-STD-1-17 Data S Part VII. Property Control anitization – Standards and Requirements Chapter 3. State Property Inventory 3. LPAA PPM No. 11, Data Sanitization §307. Items of Property to be Inventoried AUTHORITY NOTE: Promulgated in accordance with R.S. 39 A. All items of moveable property having an "original" a 200.C, R.S. 39:326, R.S. 39:330, R.S. 39:330.1-2 and R.S. 39:332. cquisition cost, when first purchased by the state of Louisian HISTORICAL NOTE: Promulgated by the Office of the Gover a, of $1000 or more, all gifts and other property having a fair nor, Division of Administration, Louisiana Property Assistance Age ncy, LR 41: market value of $1000 or more, and all weapons and electro nic media assets, regardless of cost, with the exception of ite Kristy H. Nichols ms specifically excluded in §307.E, must be placed on the st Commissioner of Administration atewide inventory system. The term "moveable" distinguishe 1412#062 s this type of equipment from equipment attached as a perma nent part of a building or structure. The term "property" disti DECLARATION OF EMERGENCY nguishes this type of equipment from "supplies" with supplie s being consumable through normal use in no more than one Office of the Governor year's time. All acquisitions of qualified items must be tagge Division of Administration d with a uniform state of Louisiana identification tag approv Tax Commission ed by the Commissioner of Administration and all pertinent i nventory information must be forwarded to the Louisiana Pr Ad Valorem Taxation operty Assistance Agency director or his designee within 60 (LAC 61:V.101, 304, 703, 907, 1103, 1307, 1503, calendar days after receipt of these items. In instances when 2503, 3101, 3103, 3105, 3106, 3107 and 3501) equipment must be installed and/or tested before acceptance by the agency, the calendar days will begin upon official acc The Louisiana Tax Commission exercised the provisions o eptance by the agency. f the Administrative Procedure Act, R.S. 49:953(B), and purs B. - E. … uant to its authority under R.S. 47:1837, adopted the followi AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ng additions, deletions and amendments to the Real/Personal 321 et seq. Property Rules and Regulations. The adoption date for this E HISTORICAL NOTE: Promulgated by the Office of the Gover mergency Rule is December 9, 2014. nor, Division of Administration, Property Control Section, LR 2:22 This Emergency Rule is necessary in order for ad valorem 8 (August 1976), amended 8:277 (June 1982), amended by the Offi tax assessment tables to be disseminated to property owners ce of the Governor, Division of Administration, Louisiana Property and local tax assessors no later than the statutory valuation d Assistance Agency, LR 15:832 (October 1989), LR 18:1256 (Nove ate of record of January 1, 2015. Cost indexes required to fin mber 1992), LR 28:481 (March 2002), LR 41: alize these assessment tables are not available to this office u Chapter 5. State Property Disposition ntil late October 2014. The effective date of this Emergency §509. Disposal and Surplus of Electronic Equipment Rule is January 1, 2015. A. Policy. Electronic media, as defined by Office of Tech Pursuant to the Administrative Procedure Act, this Emerge nology Services IT-POL-1-04 Data Sanitization Policy, that ncy Rule shall be in effect for a maximum of one hundred tw are subject to surplus, transfer, disposal, or otherwise perma enty days or until adoption of the Final Rule or another Emer nently leave the possession of a state agency or its agents, ex gency Rule, whichever occurs first. cept for lawful purpose shall be sanitized in accordance with Title 61 Office of Technology Services IT-STD-1-17 Data Sanitizatio REVENUE AND TAXATION n – Standards and Requirements. Part V. Ad Valorem Taxation B. Scope. All entities under the authority of the Louisian Chapter 1. Constitutional and Statutory Guides to Pr a Property Assistance Agency, pursuant to the provisions of operty Taxation R.S. 39:321 et seq., or any political subdivision that desires t §101. Constitutional Principles for Property Taxation o utilize LPAA services must comply with this policy. A. - F.3.h. … C. Responsibilities 1. Agencies shall establish policies and procedures to G. Special Assessment Level 1. - 1.d.… ensure compliance with this policy. 2. Agencies shall attest that they have sanitized all ele 2. Any person or persons shall be prohibited from rece iving the special assessment as provided in this Section if su ctronic equipment in accordance with the Office of Technolo gy Services Policy IT-POL-1-04 Data Sanitization Policy pri ch person's or persons' adjusted gross income, for the year pr ior to the application for the special assessment, exceeds $71, or to requesting permission to surplus or dispose of the electr onic equipment. 563 for tax year 2015 (2016 Orleans Parish). For persons ap plying for the special assessment whose filing status is marri 3. Attestation shall be evidenced in a manner prescrib ed by LPAA PPM 11, Data Sanitization. ed filing separately, the adjusted gross income for purposes o f this Section shall be determined by combining the adjusted D. Related Policies, Standards, Guidelines. The followin g policies can be viewed on the respective agencies’ website gross income on both federal tax returns. 3. - 9. … s. AUTHORITY NOTE: Promulgated in accordance with the Lo uisiana Constitution of 1974, Article VII, §18.

29 Louisiana Register Vol. 40, No. 12 December 20, 2014 HISTORICAL NOTE: Promulgated by the Department of Reve Chapter 3. Real and Personal Property nue and Taxation, Tax Commission, LR 8:102 (February 1982), am §304. Electronic Change Order Specifications, Propert ended LR 15:1097 (December 1989), amended by the Department y Classifications Standards and Electronic Tax R of Revenue, Tax Commission, LR 24:477 (March 1998), LR 26:50 6 (March 2000), LR 31:700 (March 2005), LR 32:425 (March 200 oll Export Specifications 6), LR 33:489 (March 2007), LR 34:673 (April 2008), LR 35:492 A. Electronic Change Order Specifications (March 2009), LR 36:765 (April 2010), amended by the Division o * * * f Administration, Tax Commission, LR 37:1394 (May 2011), LR 38: B. Property Classifications Standards 799 (March 2012), LR 39:487 (March 2013), LR 40:528 (March 20 * * * 14), LR 41:

C. Electronic Tax Roll Export Specifications

Parish Information (Parish.txt) (Required) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

Assessment Information (Assmt.txt) (Required) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

Assessment Value Information (Avalue.txt) (Required) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

Assessment Millage Information (Amillage.txt) (Required) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

Millage Group Information (Tgroup.txt) (Required) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

Parcel Information (Parcel.txt) (Required) Field Name Field Type Field Length Required Comments Tax_year Numeric 4 Yes Tax year submitting (Format: 1999, 2000,2001,2002,2003,2004, etc.) * * * * * * * * * * * * * * * Conv_ book Character 10 No Conveyance book number Conv_folio Character 10 No Conveyance page number Instr_no Character 8 No Conveyance instrument number * * * * * * * * * * * * * * * Tax_sale Character 1 No Y = Yes and N = No (default) Taxsale_date Character 10 No Date of tax sale (Format: 01/01/1999) * * * * * * * * * * * * * * *

Legal Description Information (Legal.txt) (Required) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

Additional Owner Information (Owner.txt) (Required) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

Improvement Information (Improve.txt) (Required) Field Name Field Type Field Length Required Comments Tax_year Numeric 4 Yes Tax year submitting (ex. 1999, 2000) * * * * * * * * * * * * * * * Fact_cond Character 40 Yes Condition of improvement (Excellent, Avg., Fair, Poor) Fact_qual Character 40 Yes Quality of construction (Excellent, Avg., Fair, Poor) * * * * * * * * * * * * * * *

Louisiana Register Vol. 40, No. 12 December 20, 2014 30 Place FIPS Information (FIPS.txt) Field Name Field Type Field Length Required Comments * * * * * * * * * * * * * * *

AUTHORITY NOTE: Promulgated in accordance with the Lo ended LR 10:924 (November 1984), LR 12:36 (January 1986), LR uisiana Constitution of 1974, Article VII, §18 and R.S. 47:1837. 13:188 (March 1987), LR 13:764 (December 1987), LR 14:872 (De HISTORICAL NOTE: Promulgated by the Department of Reve cember 1988), LR 15:1097 (December 1989), LR 16:1063 (Decem nue, Tax Commission, LR 31:703 (March 2005), amended LR 32:4 ber 1990), LR 17:1213 (December 1991), LR 19:212 (February 199 27 (March 2006), LR 36:765 (April 2010), amended by the Divisio 3), LR 20:198 (February 1994), LR 21:186 (February 1995), LR 22 n of Administration, Tax Commission, LR 38:799 (March 2012), L 117 (February 1996), LR 23:204 (February 1997), amended by the R 39:487 (March 2013), LR 40:529 (March 2014), LR 41: Department of Revenue, Tax Commission, LR 24:479 (March 199 Chapter 7. Watercraft 8), LR 25:312 (February 1999), LR 26:506 (March 2000), LR 27:4 §703. Tables―Watercraft 25 (March 2001), LR 28:518 (March 2002), LR 29:368 (March 200 A. Floating Equipment―Motor Vessels 3), LR 30:487 (March 2004), LR 31:715 (March 2005), LR 32:430 (March 2006), LR 33:490 (March 2007), LR 34:678 (April 2008), LR 35:492 (March 2009), LR 36:772 (April 2010), amended by the Table 703.A Division of Administration, Tax Commission, LR 37:1394 (May 20 Floating Equipment―Motor Vessels 11), LR 38:802 (March 2012), LR 39:490 (March 2013), LR 40:53 Average Economic Life Cost Index (Average) 12 Years 0 (March 2014), LR 41: Effective Percent Composite Chapter 9. Oil and Gas Properties Year Index Age Good Multiplier §907. Valuation of Oil, Gas, and Other Wells 2014 0.992 1 94 .93 A. … 2013 1.005 2 87 .87 * * * 2012 1.014 3 80 .81 2011 1.042 4 73 .76 1. Oil, Gas and Associated Wells; Region 1―North L 2010 1.075 5 66 .71 ouisiana 2009 1.067 6 58 .62 2008 1.098 7 50 .55 Table 907.A.1 2007 1.141 8 43 .49 Oil, Gas and Associated Wells; Region 1―North Louisiana 2006 1.203 9 36 .43 Cost―New 15% of Cost―New 2005 1.259 10 29 .37 Producing Depths By Depth, Per Foot By Depth, Per Foot 2004 1.354 11 24 .32 $ Oil $ Gas $ Oil $ Gas 2003 1.401 12 22 .31 0-1,249 ft. 40.36 141.26 6.05 21.19 2002 1.424 13 20 .28 1,250-2,499 ft. 36.44 103.87 5.47 15.58 2,500-3,749 ft. 28.64 68.79 4.30 10.32 B. Floating Equipment―Barges (Non-Motorized) 3,750-4,999 ft. 39.61 68.54 5.94 10.28 5,000-7,499 ft. 46.58 66.90 6.99 10.04 7,500-9,999 ft. 102.12 90.18 15.32 13.53 Table 703.B 10,000-12,499 ft. 297.78 109.39 44.67 16.41 Floating Equipment―Barges (Non-Motorized) 12,500-14,999 ft. 484.28 165.18 72.64 24.78 Cost Index Average Economic Life 15,000-17,499 ft. 619.84 188.36 92.98 28.25 Average 20 Years 17,500-Deeper ft. N/A 526.88 N/A 79.03 Effective Percent Composite Year Index Age Good Multiplier 2014 0.992 1 97 .96 2. Oil, Gas and Associated Wells; Region 2―South L 2013 1.005 2 93 .93 ouisiana 2012 1.014 3 90 .91 2011 1.042 4 86 .90 Table 907.A.2 2010 1.075 5 82 .88 Oil, Gas and Associated Wells; Region 2―South Louisiana 2009 1.067 6 78 .83 Cost―New 15% of Cost―New 2008 1.098 7 74 .81 Producing Depths By Depth, Per Foot By Depth, Per Foot 2007 1.141 8 70 .80 $ Oil $ Gas $ Oil $ Gas 2006 1.203 9 65 .78 0-1,249 ft. 310.32 140.33 46.55 21.05 2005 1.259 10 60 .76 1,250-2,499 ft. 107.16 233.25 16.07 34.99 2004 1.354 11 55 .74 2,500-3,749 ft. 104.64 185.97 15.70 27.90 2003 1.401 12 50 .70 3,750-4,999 ft. 92.24 148.76 13.84 22.31 2002 1.424 13 45 .64 5,000-7,499 ft. 126.01 168.99 18.90 25.35 2001 1.433 14 40 .57 7,500-9,999 ft. 171.90 176.92 25.79 26.54 2000 1.445 15 35 .51 10,000-12,499 ft. 234.41 231.27 35.16 34.69 1999 1.471 16 31 .46 12,500-14,999 ft. 307.50 299.20 46.13 44.88 1998 1.476 17 27 .40 15,000-17,499 ft. 498.09 400.59 74.71 60.09 1997 1.488 18 24 .36 17,500-19,999 ft. 608.16 567.42 91.22 85.11 1996 1.512 19 22 .33 20,000-Deeper ft. 324.73 851.87 48.71 127.78 1995 1.536 20 21 .32 1994 1.591 21 20 .32 3. Oil, Gas and Associated Wells; Region 3―Offshore State Waters AUTHORITY NOTE: Promulgated in accordance with R.S. 47 1837 and R.S. 47:2323. HISTORICAL NOTE: Promulgated by the Department of Reve nue and Taxation, Tax Commission, LR 8:102 (February 1982), am

31 Louisiana Register Vol. 40, No. 12 December 20, 2014 Table 907.A.3 2. Serial Number to Percent Good Conversion Chart Oil, Gas and Associated Wells; Region 3―Offshore State Waters* Table 907.B.2 Cost―New 15% Of Cost―New Serial Number to Percent Good Conversion Chart Producing Depths By Depth, Per Foot By Depth, Per Foot Beginning Ending Serial 20 Year Life $ Oil $ Gas $ Oil $ Gas Year Serial Number Number Percent Good 0 -1,249 ft. N/A N/A N/A N/A 2014 247423 Higher 97 1,250 -2,499 ft. 1,555.55 1,136.62 233.33 170.49 2013 245849 247422 93 2,500 -3,749 ft. 799.88 873.54 119.98 131.03 2012 244268 245848 90 3,750 -4,999 ft. 1,141.75 801.00 171.26 120.15 2011 242592 244267 86 5,000 -7,499 ft. 568.18 741.90 85.23 111.29 2010 240636 242591 82 7,500 -9,999 ft. 720.36 702.05 108.05 105.31 2009 239277 240635 78 10,000 -12,499 ft. 815.50 711.63 122.33 106.74 2008 236927 239276 74 12,500 -14,999 ft. 709.26 692.55 106.39 103.88 2007 234780 236926 70 15,000 -17,499 ft. 488.85 718.59 73.33 107.79 2006 232639 234779 65 17,500 - 19,999 ft. 243.50 686.99 36.53 103.05 2005 230643 232638 60 20,000 - Deeper ft. N/A 1,079.88 N/A 161.98 2004 229010 230642 55 2003 227742 229009 50 B. The determination of whether a well is a Region 2 or 2002 226717 227741 45 Region 3 well is ascertained from its onshore/offshore status 2001 225352 226716 40 as designated on the Permit to Drill or Amended Permit to D 2000 223899 225351 35 rill form (Location of Wells Section), located at the Departm 1999 222882 223898 31 ent of Natural Resources as of January 1 of each tax year. Ea 1998 221596 222881 27 1997 220034 221595 24 ch assessor is required to confirm the onshore/offshore status 1996 218653 220033 22 of wells located within their parish by referring to the Permit 1995 217588 218652 21 to Drill or Amended Permit to Drill form on file at the Depar 1994 Lower 217587 20 * tment of Natural Resources. VAR. 900000 Higher 50 1. Parishes Considered to be Located in Region I *Reflects residual or floor rate. NOTE: For any serial number categories not listed above, use year well completed to determine appropriate percent good. If Table 907.B.1 spud date is later than year indicated by serial number; or, if Parishes Considered to be Located in Region 1 serial number is unknown, use spud date to determine Bienville DeSoto Madison Tensas appropriate percent good. Bossier East Carroll Morehouse Union Caddo Franklin Natchitoches Webster C. Surface Equipment Caldwell Grant Ouachita West Carroll 1. Listed below is the cost-new of major items used in Catahoula Jackson Red River Winn the production, storage, transmission and sale of oil and gas. Claiborne LaSalle Richland Concordia Lincoln Sabine Any equipment not shown shall be assessed on an individual NOTE: All wells in parishes not listed above are located in basis. Region 2 or Region 3. 2. All surface equipment, including other property ass ociated or used in connection with the oil and gas industry in the field of operation, must be rendered in accordance with g uidelines established by the Tax Commission and in accorda nce with requirements set forth on LAT Form 12-Personal Pr operty Tax Report―Oil and Gas Property. 3. Oil and gas personal property will be assessed in se ven major categories, as follows: a. oil, gas and associated wells; b. oil and gas equipment (surface equipment); c. tanks (surface equipment); d. lines (oil and gas lease lines); e. inventories (material and supplies); f. field improvements (docks, buildings, etc.); g. other property (not included above). 4. The cost-new values listed below are to be adjusted to allow depreciation by use of the appropriate percent good listed in Table 907.B-2, based on the actual age of the equip ment. If the actual age of the equipment is unknown or unav ailable, for equipment associated with a single well, use the age of that well to determine the appropriate percent good. When determining the value of equipment used on

Louisiana Register Vol. 40, No. 12 December 20, 2014 32 multiple wells and the age of the equipment is unknown Table 907.C.1 or unavailable, use the average age of the wells within the le Surface Equipment $ Cost ase/field to determine the appropriate year to be used for this Property Description New purpose. This shall apply only to surface equipment with an Generators—Package Unit only -(no special installation) original purchase value greater than $500.00. Per K.W. 240 5. Functional and/or economic obsolescence shall be c Glycol Dehydration-Package Unit—(Including pressure onsidered in the analysis of fair market value as substantiate gauge, relief valve and regulator. No other metering equipment.): d by the taxpayer in writing. Consistent with Louisiana R.S. Up to 4.0 MMCF/D 22,610 47:1957, the assessor may request additional documentation. 4.1 to 5.0 MMCF/D 25,220 6. Sales, properly documented, should be considered b 5.1 to 10.0 MMCF/D 48,620 y the assessor as fair market value, provided the sale meets a 10.1 to 15.0 MMCF/D 67,650 15.1 to 20.0 MMCF/D 92,080 ll tests relative to it being a valid sale. 20.1 to 25.0 MMCF/D 119,730 25.1 to 30.0 MMCF/D 227,430 Table 907.C.1 30.1 to 50.0 MMCF/D 254,050 Surface Equipment 50.1 to 75.0 MMCF/D 316,050 $ Cost 75.1 & Up MMCF/D 364,670 Property Description New Heaters—(Includes unit, safety valves, regulators and Actuators—(see Metering Equipment) automatic shut-down. No metering equipment.): Automatic Control Equipment—(see Safety Systems) Steam Bath—Direct Heater: Automatic Tank Switch Unit—(see Metering Equipment) 24 In. Diameter Vessel - 250,000 BTU/HR Rate 7,840 Barges - Concrete—(assessed on an individual basis) 30 In. Diameter Vessel - 500,000 BTU/HR Rate 9,850 Barges - Storage—(assessed on an individual basis) 36 In. Diameter Vessel - 750,000 BTU/HR Rate 11,910 48 In. Diameter Vessel - 1,000,000 BTU/HR Rate 17,630 Barges - Utility—(assessed on an individual basis) 60 In. Diameter Vessel - 1,500,000 BTU/HR Rate 21,760 Barges - Work—(assessed on an individual basis) Water Bath—Indirect Heater: Communication Equipment—(see Telecommunications) 24 In. Diameter Vessel - 250,000 BTU/HR Rate 6,690 Dampeners—(see Metering Equipment—"Recorders") 30 In. Diameter Vessel - 500,000 BTU/HR Rate 9,180 DESORBERS—(no metering equipment included): 36 In. Diameter Vessel - 750,000 BTU/HR Rate 11,970 125# 114,320 48 In. Diameter Vessel - 1,000,000 BTU/HR Rate 16,960 300# 126,050 60 In. Diameter Vessel - 1,500,000 BTU/HR Rate 21,700 500# 143,440 Steam—(Steam Generators): Destroilets—(see Metering Equipment—"Regulators") 24 In. Diameter Vessel - 250,000 BTU/HR Rate 8,570 Desurgers—(see Metering Equipment—"Regulators") 30 In. Diameter Vessel - 450,000 BTU/HR Rate 10,700 Desilters—(see Metering Equipment—"Regulators") 36 In. Diameter Vessel - 500 to 750,000 BTU/HR Rate 16,050 Diatrollers—(see Metering Equipment—"Regulators") 48 In. Diameter Vessel - 1 to 2,000,000 BTU/HR Rate 18,420 Docks, Platforms, Buildings—(assessed on an individual 60 In. Diameter Vessel - 2 to 3,000,000 BTU/HR Rate 20,850 basis) 72 In. Diameter Vessel - 3 to 6,000,000 BTU/HR Rate 32,940 Dry Dehydrators (Driers)—(see Scrubbers) 96 In. Diameter Vessel - 6 to 8,000,000 BTU/HR Rate 39,570 Engines-Unattached—(only includes engine and skids): Heat Exchange Units-Skid Mounted—(see Production Units) Per Horsepower 360 Heater Treaters—(Necessary controls, gauges, valves and Evaporators—(assessed on an individual basis) piping. No metering equipment included.): Expander Unit—(no metering equipment included): Heater - Treaters - (non-metering): Per Unit 41,940 4 x 20 ft. 17,140 Flow Splitters—(no metering equipment included): 4 x 27 ft. 22,060 48 In. Diameter Vessel 20,420 6 x 20 ft. 23,100 72 In. Diameter Vessel 27,050 6 x 27 ft. 29,050 96 In. Diameter Vessel 41,450 8 x 20 ft. 37,010 120 In. Diameter Vessel 58,890 8 x 27 ft. 43,330 Fire Control System—(assessed on an individual basis) 10 x 20 ft. 48,930 Furniture & Fixtures—(assessed on an individual basis) 10 x 27 ft. 57,560 (Field operations only, according to location.) L.A.C.T. (Lease Automatic Custody Transfer)—see Metering Gas Compressors-Package Unit—(Skids, scrubbers, cooling Equipment) system, and power controls. No metering or regulating JT Skid (Low Temperature Extraction)—(includes safety equipment.): valves, temperature controllers, chokes, regulators, metering 1 - 49 HP 750 equipment, etc.—complete unit.): 50 – 99 HP 1,510 Up to 2 MMCF/D 42,540 100 – 999 HP 1,230 Up to 5 MMCF/D 60,780 1,000 – 1,499 HP 940 Up to 10 MMCF/D 145,870 1,500 HP and Up 830 Up to 20 MMCF/D 243,110 Gas Coolers—(no metering equipment); Liqua Meter Units—(see Metering Equipment) 5,000 MCF/D 32,210 Manifolds—(see Metering Equipment) 10,000 MCF/D 36,280 Material & Supplies-Inventories—(assessed on an individual 20,000 MCF/D 112,860 basis) 50,000 MCF/D 256,060 Meter Calibrating Vessels—(see Metering Equipment) 100,000 MCF/D 419,370 Meter Prover Tanks—(see Metering Equipment) Meter Runs—(see Metering Equipment)

33 Louisiana Register Vol. 40, No. 12 December 20, 2014 Table 907.C.1 Table 907.C.1 Surface Equipment Surface Equipment $ Cost $ Cost Property Description New Property Description New Meter Control Stations—(not considered Communication Pipe Lines—Lease Lines Equipment) - (assessed on an individual basis) Steel Metering Equipment 2 In. nominal size - per mile 19,810 Actuators—hydraulic, pneumatic & electric valves 6,620 2 1/2 In. nominal size - per mile 26,680 Controllers—time cycle valve - valve controlling device 2,070 3 & 3 1/2 In. nominal size - per mile 34,040 (also known as Intermitter) 4, 4 1/2 & 5 In. nominal size - per mile 58,530 Fluid Meters: 6 In. nominal size - per mile 85,940 1 Level Control Poly Pipe 24 In. Diameter Vessel - 1/2 bbl. Dump 5,040 2 In. nominal size - per mile 10,880 30 In. Diameter Vessel - 1 bbl. Dump 6,500 2 1/2 In. nominal size - per mile 14,650 36 In. Diameter Vessel - 2 bbl. Dump 9,000 3 In. nominal size - per mile 18,720 2 Level Control 4 In. nominal size - per mile 32,150 20 In. Diameter Vessel - 1/2 bbl. Dump 4,740 6 In. nominal size - per mile 47,220 24 In. Diameter Vessel - 1/2 bbl. Dump 5,710 Plastic-Fiberglass 30 In. Diameter Vessel - 1 bbl. Dump 7,170 2 In. nominal size - per mile 16,900 36 In. Diameter Vessel - 2 bbl. Dump 9,660 3 In. nominal size - per mile 28,930 L.A.C.T. and A.T.S. Units: 4 In. nominal size - per mile 49,720 30 lb. Discharge 31,850 6 In. nominal size - per mile 72,990 60 lb. Discharge 36,280 NOTE: Allow 90% obsolescence credit for lines Manifolds—Manual Operated: that are inactive, idle, open on both ends and High Pressure dormant, which are being carried on corporate per well 24,980 records solely for the purpose of retaining right of per valve 8,450 ways on the land and/or due to excessive capital Low Pressure outlay to refurbish or remove the lines. per well 12,090 Pipe Stock—(assessed on an individual basis) per valve 4,010 Pipe Stock - Exempt—Under La. Const., Art. X, §4 (19-C) Manifolds—Automatic Operated: Production Units: High Pressure Class I - per unit—separator & 1 heater—500 MCF/D 21,390 per well 45,160 Class II - per unit—separator & 1 heater—750 MCF/D 28,500 per valve 14,890 Production Process Units—These units are by specific design Low Pressure and not in the same category as gas compressors, liquid and gas per well 32,210 production units or pump-motor units. (Assessed on an per valve 10,880 individual basis.) NOTE: Automatic Operated System includes gas Pumps—In Line hydraulic and pneumatic valve actuators, (or per horsepower rating of motor 300 motorized valves), block valves, flow monitors-in Pump-Motor Unit—pump and motor only addition to normal equipment found on manual Class I - (water flood, s/w disposal, p/l, etc.) operated system. No Metering Equipment Included. Up to 300 HP - per HP of motor 360 Meter Runs—piping, valves & supports—no meters: Class II - (high pressure injection, etc.) 2 In. piping and valve 6,810 301 HP and up per HP of motor 430 3 In. piping and valve 7,660 Pumping Units-Conventional and Beam Balance—(unit value 4 In. piping and valve 9,240 includes motor) - assessed according to API designation. 6 In. piping and valve 12,880 16 D 6,990 8 In. piping and valve 19,350 25 D 13,130 10 In. piping and valve 25,770 40 D 16,410 12 In. piping and valve 32,210 57 D 21,880 14 In. piping and valve 43,880 80 D 36,530 16 In. piping and valve 57,310 114 D 37,990 18 In. piping and valve 70,990 160 D 51,110 20 In. piping and valve 92,260 228 D 55,490 22 In. piping and valve 116,270 320 D 70,140 24 In. piping and valve 142,340 456 D 83,270 Metering Vessels (Accumulators): 640 D 100,830 1 bbl. calibration plate (20 x 9) 3,950 912 D 106,670 5 bbl. calibration plate (24 x 10) 4,250 NOTE: For "Air Balance" and "Heavy Duty" 7.5 bbl. calibration plate (30 x 10) 5,960 units, multiply the above values by 1.30. 10 bbl. calibration plate (36 x 10) 7,410 Regenerators (Accumulator)—(see Metering Equipment) Recorders (Meters)—Includes both static element and tube Regulators: drive pulsation dampener-also one and two pen operations. per unit 2,800 per meter 2,740 Solar Panel (also see Telecommunications) per unit (10' x 10') 360

Louisiana Register Vol. 40, No. 12 December 20, 2014 34 Table 907.C.1 Table 907.C.1 Surface Equipment Surface Equipment $ Cost $ Cost Property Description New Property Description New Safety Systems Vertical 2—Phase /1440 psi (High Pressure) Onshore And Marsh Area 12-3/4” OD x 5’-0” 3,340 Basic Case: 16” OD x 5’-6” 4,980 well only 5,590 20” OD x 7’-6” 9,480 well & production equipment 6,440 24” OD x 7’-6” 11,490 with surface op. ssv, add 9,660 30” OD x 10’-0” 17,500 Offshore 0 - 3 Miles 36” OD x 10’-0” 22,670 Wellhead safety system (excludes wellhead actuators) 42” OD x 10’-0” 36,280 per well 16,110 48” OD x 10’-0” 42,790 production train 40,300 54” OD x 10’-0” 64,790 glycol dehydration system 24,190 60” OD x 10’-0” 81,020 P/L pumps and LACT 56,400 Vertical 3 - Phase /1440 psi (High Pressure) Compressors 35,430 16” OD x 7’-6” 5,830 Wellhead Actuators (does not include price of the valve) 20” OD x 7’-6” 10,210 5,000 psi 4,010 24” OD x 7’-6” 11,850 10,000 psi and over 6,020 30” OD x 10’-0” 18,290 NOTE: For installation costs - add 25% 36” OD x 10’-0” 23,400 Sampler—(see Metering Equipment—"Fluid Meters") 42” OD x 10’-0” 38,170 Scrubbers—Two Classes 48” OD x 10’-0” 44,250 Class I - Manufactured for use with other major equipment Horizontal 2—Phase /1440 psi (High Pressure) and, at times, included with such equipment as part of a 16” OD x 7’-6” 5,710 package unit. 20” OD x 7’-6” 9,180 8 In. Diameter Vessel 3,400 24” OD x 10’-0” 12,520 10 In. Diameter Vessel 4,860 30” OD x 10’-0” 19,270 12 In. Diameter Vessel 5,530 36” OD x 10’-0” 24,430 Class II - Small "in-line" scrubber used in flow system 42” OD x 15’-0” 49,590 usually direct from gas well. Much of this type is "shop- 48” OD x 15’-0” 57,190 made" and not considered as major scrubbing equipment. Horizontal 3—Phase /1440 psi (High Pressure) 8 In. Diameter Vessel 1,580 16” OD x 7’-6” 8,810 12 In. Diameter Vessel 2,070 20” OD x 7’-6” 9,850 NOTE: No metering or regulating equipment 24” OD x 10’-0” 14,340 included in the above. 30” OD x 10’-0” 20,420 Separators—(no metering equipment included) 36” OD x 10’-0” 29,420 Horizontal—Filter /1,440 psi (High Pressure) 36” OD x 15’-0” 32,880 6-5/8” OD x 5’-6” 4,980 Offshore Horizontal 3—Phase /1440 psi (High Pressure) 8-5/8” OD x 7’-6” 5,410 30” OD x 10’-0” 42,360 10-3/4” OD x 8’-0” 7,600 36” OD x 10’-0” 40,420 12-3/4” OD x 8’-0” 10,210 36” OD x 12’-0” 58,650 16” OD x 8’-6” 16,410 36” OD x 15’-0” 61,200 20” OD x 8’-6” 24,250 42” OD x 15’-0” 95,000 20” OD x 12’-0” 25,530 Skimmer Tanks—(see Flow Tanks in Tanks section) 24” OD x 12’-6” 34,400 Stabilizers—per unit 6,260 30” OD x 12’-6” 50,200 Sump/Dump Tanks—(See Metering Equipment -"Fluid 36” OD x 12’-6” 59,680 Tanks") Separators—(no metering equipment included) Tanks—no metering equipment Per Vertical 2—Phase /125 psi (Low Pressure) Flow Tanks (receiver or gunbarrel) Barrel* 24” OD x 7’-6” 5,650 50 to 548 bbl. Range (average tank size - 250 bbl.) 39.10 30” OD x 10’-0” 6,080 Stock Tanks (lease tanks) 36” OD x 10’-0” 12,700 100 to 750 bbl. Range (average tank size – 300 bbl.) 30.40 Vertical 3—Phase /125 psi (Low Pressure) Storage Tanks (Closed Top) 24” OD x 7’-6” 5,960 1,000 barrel 25.90 24” OD x 10’-0” 6,750 1,500 barrel 22.90 30” OD x 10’-0” 9,360 2,000 barrel 22.20 36” OD x 10’-0” 13,310 2,001 - 5,000 barrel 20.40 42” OD x 10’-0” 15,440 5,001 - 10,000 barrel 19.20 Horizontal 3—Phase /125 psi (Low Pressure) 10,001 - 15,000 barrel 18.00 24” OD x 10’-0” 8,810 15,001 - 55,000 barrel 12.60 30” OD x 10’-0” 11,300 55,001 - 150,000 barrel 9.50 36” OD x 10’-0” 12,340 Internal Floating Roof 42” OD x 10’-0” 19,690 10,000 barrel 37.00 20,000 barrel 25.00 30,000 barrel 18.60 50,000 barrel 16.50 55,000 barrel 15.90 80,000 barrel 14.10 100,000 barrel 12.30 *I.E.: (tanks size bbls.) X (no. of bbls.) X (cost-new factor.)

35 Louisiana Register Vol. 40, No. 12 December 20, 2014 Table 907.C.1 Table 907.C.2 Surface Equipment Service Stations $ Cost Marketing Personal Property Property Description New *Alternative Procedure Telecommunications Equipment Property Description $ Cost New Microwave System Signs: 4,320 Telephone & data transmission Station Signs 7,900 Radio telephone 6 ft. lighted - installed on 12 ft. pole 3,600 Supervisory controls: 48,620 10 ft. lighted - installed on 16 ft. pole 3,680 remote terminal unit, well 3,650 Attachment Signs (for station signs) 13,080 master station 10,390 Lighted "self-serve" (4 x 11 ft.) 17,120 towers (installed): 23,700 Lighted "pricing" (5 x 9 ft.) 19,150 heavy duty, guyed, per foot 610 High Rise Signs - 16 ft. lighted - installed on: 6,950 light duty, guyed, per foot 50 1 pole 3,680 heavy duty, self supporting, per foot 620 2 poles light duty, self supporting, per foot 130 3 poles equipment building, per sq. ft. 180 Attachment Signs (for high rise signs) solar panels, per sq. ft. 60 Lighted "self-serve" (5 x 17 ft.) Utility Compressors Lighted "pricing" (5 x 9 ft.) per horsepower - rated on motor 800 Submerged Pumps—(used with remote control 3,860 Vapor Recovery Unit—no Metering Equipment equipment, according to number used - per unit) 60 MCF/D or less 21,270 Tanks—(average for all tank sizes) 2.20 105 MCF/D max 30,390 Underground - per gallon 250 MCF/D max 40,110 NOTE: The above represents the cost-new value of modern Waterknockouts—Includes unit, backpressure valve and stations and self-service marketing equipment. Other costs regulator, but, no metering equipment. associated with such equipment are included in improvements. 2’ diam. x 16’ 5,770 Old style stations and equipment should be assessed on an 3’ diam. x 10’ 8,630 individual basis, at the discretion of the tax assessor, when 4’ diam. x 10’ 11,910 evidence is furnished to substantiate such action. 6’ diam. x 10’ 19,510 *This alternative assessment procedure should be used only 6’ diam. x 15’ 22,550 when acquisition cost and age are unknown or unavailable. 8’ diam. x 10’ 28,260 Otherwise, see general business section (Chapter 25) for 8’ diam. x 15’ 32,460 normal assessment procedure. 8’ diam. x 20’ 35,980 8’ diam. x 25’ 40,050 AUTHORITY NOTE: Promulgated in accordance with R.S. 47 10’ diam. x 20’ 47,100 1837 and R.S. 47:2326. HISTORICAL NOTE: Promulgated by the Department of Reve Table 907.C.2 nue and Taxation, Tax Commission, LR 8:102 (February 1982), am Service Stations ended LR 12:36 (January 1986), LR 13:188 (March 1987), LR 13:7 Marketing Personal Property 64 (December 1987), LR 14:872 (December 1988), LR 15:1097 (D *Alternative Procedure ecember 1989), LR 16:1063 (December 1990), LR 17:1213 (Dece Property Description $ Cost New mber 1991), LR 19:212 (February 1993), LR 20:198 (February 199 Air and Water Units: Above ground 1,360 4), LR 21:186 (February 1995), LR 22:117 (February 1996), LR 23 Below ground 580 205 (February 1997), amended by the Department of Revenue, Tax Air Compressors: Commission, LR 24:480 (March 1998), LR 25:313 (February 199 1/3 to 1 H.P. 1,820 9), LR 26:507 (March 2000), LR 27:425 (March 2001), LR 28:518 1/2 to 5 H.P. 3,080 (March 2002), LR 29:368 (March 2003), LR 30:488 (March 2004), Car Wash Equipment: LR 31:717 (March 2005), LR 32:431 (March 2006), LR 33:492 (M In Bay (roll over brushes) 48,930 arch 2007), LR 34:679 (April 2008), LR 35:495 (March 2009), LR In Bay (pull through) 75,950 36:773 (April 2010), amended by the Division of Administration, T Tunnel (40 to 50 ft.) 165,320 ax Commission, LR 37:1395 (May 2011), LR 38:803 (March 2012), Tunnel (60 to 75 ft.) 221,230 LR 39:490 (March 2013). LR 40:531 (March 2014), LR 41: Drive On Lifts: 8,930 Single Post 10,060 Chapter 11. Drilling Rigs and Related Equipment Dual Post §1103. Drilling Rigs and Related Equipment Tables Lights: 910 A. Land Rigs Light Poles (each) 1,010 Lights - per pole unit Pumps: 3,870 Table 1103.A Non-Electronic - self contained and/or remote 5,750 Land Rigs controlled computer 6,540 Depth "0" to 7,000 Feet Single 8,810 Depth (Ft.) Fair Market Value Assessment Dual $ $ Computerized - non-self service, post pay, pre/post 3,000 893,000 134,000 pay. self contained and/or remote controlled dispensers 4,000 1,010,900 151,600 Single 5,000 1,262,300 189,300 Dual 6,000 1,701,100 255,200 Read-Out Equipment (at operator of self service) 1,430 7,000 2,278,300 341,700 Per Hose Outlet

Louisiana Register Vol. 40, No. 12 December 20, 2014 36 Table 1103.A Note: The fair market values and assessed values indicated by Land Rigs these tables are based on the current market (sales) appraisal Depth 8,000 to 10,000 Feet approach and not the cost approach. Depth (Ft.) Fair Market Value Assessment $ $ 1. - 3.b.i. … 8,000 2,944,100 441,600 D. Well Service Rigs Land Only 9,000 3,650,000 547,500 10,000 4,350,400 652,600 Table 1103.D Depth 11,000 to 15,000 Feet Well Service Rigs Land Only Depth (Ft.) Fair Market Value Assessment Fair $ $ Market Class Mast Engine Assessment 11,000 5,005,500 750,800 Value 12,000 5,582,500 837,400 (RCNLD) 13,000 6,057,900 908,700 I 71’ X 125M# C-7 200,000 30,000 14,000 6,419,800 963,000 71’ X 150M# 50 SERIES 15,000 6,669,500 1,000,400 72’ X 125M# 6V71 Depth 16,000 to 20,000 Feet 72’ X 150M# Depth (Ft.) Fair Market Value Assessment 75’ X 150M# $ $ II 96’ X 150M# C-11 250,000 37,500 16,000 6,823,900 1,023,600 96’ X 180M# 50 SERIES 17,000 6,917,300 1,037,600 96’ X 185M# 8V71 18,000 7,003,600 1,050,500 96’ X 200M# 19,000 7,158,200 1,073,700 96’ X 205M# 20,000 7,479,800 1,122,000 96’ X 210M# Depth 21,000 + Feet 96’ X 212M# Depth (Ft.) Fair Market Value Assessment 96’ X 215M# $ $ III 96’ X 240M# C-11 310,000 46,500 21,000 8,093,200 1,214,000 96’ X 250M# 50 SERIES 25,000 + 9,150,500 1,372,600 96’ X 260M# 8V92 102’ X 215M# IV 102’ X 224M# C-15 370,000 55,500 1. - 2. … 102’ X 250M# 60 SERIES B. Jack-Ups 103’ X 225M# 12V71 103’ X 250M# Table 1103.B 104’ X 250M# Jack-Ups 105’ X 225M# 105’ X 250M# Water Depth Fair Market Type Assessment Rating Value V 105’ X 280M# C-15 420,000 63,000 106’ X 250M# 60 SERIES IC 0-199 FT. $ 54,500,000 $ 8,175,000 108’ X 250M# 12V71 200-299 FT. 108,900,000 16,335,000 108’ X 260M# 12V92 300-Up FT. 217,500,000 32,625,000 108’ X 268M# 108’ X 270M# IS 0-199 FT. 16,400,000 2,460,000 108’ X 300M# 200-299 FT. 27,300,000 4,095,000 VI 110’ X 250M# C-15 510,000 76,500 300- Up FT. 32,600,000 4,890,000 110’ X 275M# 60 SERIES 112’ X 300M# 12V71 MC 0-199 FT 5,500,000 825,000 112’ X 350M# (2) 8V92 200-299 FT. 10,900,000 1,635,000 VII 117’ X 215M# C-15 660,000 99,000 300- Up FT. 43,600,000 6,540,000 60 SERIES (2) 8V92 MS 0-249 FT. 11,400,000 1,710,000 (2) 12V71 250 FT. and Deeper 22,400,000 3,360,000 IC - Independent Leg Cantilever D.1. - E.1. … IS - Independent Leg Slot AUTHORITY NOTE: Promulgated in accordance with R.S. 47 MC - Mat Cantilever 1837 and R.S. 47:2323. MS - Mat Slot HISTORICAL NOTE: Promulgated by the Department of Reve nue and Taxation, Tax Commission, LR 8:102 (February 1982), am ended LR 10:939 (November 1984), LR 12:36 (January 1986), LR C. Semisubmersible Rigs 13:188 (March 1987), LR 16:1063 (December 1990), LR 17:1213 (December 1991), LR 22:117 (February 1996), LR 23:205 (Februar Table 1103.C y 1997), amended by the Department of Revenue, Tax Commission, Semisubmersible Rigs LR 24:487 (March 1998), LR 25:315 (February 1999), LR 26:508 Water Depth Rating Fair Market Value Assessment (March 2000), LR 27:426 (March 2001), LR 28:519 (March 2002), $ $ LR 30:488 (March 2004), LR 31:718 (March 2005), LR 32:431 (M 0- 800 FT. 49,700,000 7,455,000 arch 2006), LR 33:493 (March 2007), LR 34:683 (April 2008), LR 801-1,800 FT. 89,200,000 13,380,000 1,801-2,500 FT. 163,400,000 24,510,000 35:497 (March 2009), LR 36:778 (April 2010), amended by the Di 2,501FT. and Deeper 512,800,000 76,920,000 vision of Administration, Tax Commission, LR 37:1399 (May 201 1), LR 38:808 (March 2012), LR 39:495 (March 2013), LR 40:536 (March 2014), LR 41:

37 Louisiana Register Vol. 40, No. 12 December 20, 2014 Chapter 13. Pipelines C. Pipeline Transportation Allowance for Physical Deteri §1307. Pipeline Transportation Tables oration (Depreciation) A. Current Costs for Other Pipelines (Onshore) Table 1307.C Table 1307.A Pipeline Transportation Allowance for Physical Current Costs for Other Pipelines Deterioration (Depreciation) (Onshore) Actual Age 26.5 Year Life Percent Good Diameter 1 98 (inches) Cost per Mile 15% of Cost per Mile 2 96 2 $174,710 $ 26,210 3 94 4 205,200 30,780 4 91 6 241,020 36,150 5 88 8 283,100 42,470 6 86 10 332,520 49,880 7 83 12 390,570 58,590 8 80 14 458,750 68,810 9 77 16 538,830 80,820 10 73 18 632,890 94,930 11 70 20 743,370 111,510 12 67 22 873,140 130,970 13 63 24 1,025,570 153,840 14 60 26 1,204,600 180,690 15 56 28 1,414,880 212,230 16 52 30 1,661,870 249,280 17 48 32 1,951,980 292,800 18 44 34 2,292,730 343,910 19 39 36 2,692,970 403,950 20 35 38 3,163,070 474,460 21 33 40 3,715,240 557,290 22 30 42 4,363,810 654,570 23 28 44 5,125,580 768,840 24 26 46 6,020,340 903,050 25 25 48 7,071,300 1,060,700 26 23 NOTE: Excludes river and canal crossings 27 and older 20 * * Reflects residual or floor rate. NOTE: See §1305.G (page PL-3) for method of recognizing B. Current Costs for Other Pipelines (Offshore) economic obsolescence.

Table 1307.B AUTHORITY NOTE: Promulgated in accordance with R.S. Current Costs for Other Pipelines 47:1837 and R.S. 47:2323. (Offshore) HISTORICAL NOTE: Promulgated by the Department of Reve Diameter (inches) Cost per Mile 15% of Cost per Mile nue and Taxation, Tax Commission, LR 8:102 (February 1982), am 2 $977,310 $146,600 ended LR 10:941 (November 1984), LR 12:36 (January 1986), LR 4 980,420 147,060 16:1063 (December 1990), amended by the Department of Revenue 6 984,340 147,650 Tax Commission, LR 24:489 (March 1998), LR 25:316 (February 8 1,000,910 150,140 1999), LR 26:509 (March 2000), LR 27:426 (March 2001), LR 31: 10 1,024,700 153,710 719 (March 2005), LR 32:432 (March 2006), LR 33:494 (March 20 12 1,055,710 158,360 07), LR 34:684 (April 2008), LR 35:499 (March 2009), LR 36:778 14 1,093,950 164,090 16 1,139,420 170,910 (April 2010), amended by the Division of Administration, Tax Com 18 1,192,110 178,820 mission, LR 37:1401 (May 2011), LR 38:809 (March 2012), LR 39 20 1,252,030 187,800 496 (March 2013), LR 40:537 (March 2014), LR 41: 22 1,319,170 197,880 Chapter 15. Aircraft 24 1,393,530 209,030 §1503. Aircraft (Including Helicopters) Table 26 1,475,130 221,270 A. Aircraft (Including Helicopters) 28 1,563,940 234,590 30 1,659,990 249,000 32 1,763,250 264,490 Table 1503 34 1,873,750 281,060 Aircraft (Including Helicopters) 36 1,991,460 298,720 Cost Index Average Economic Life 38 2,116,410 317,460 (Average) (20 Years) 40 2,248,580 337,290 Effective Percent Composite 42 2,387,970 358,200 Year Index Age Good Multiplier 44 2,534,590 380,190 2014 0.992 1 97 .96 46 2,688,430 403,260 2013 1.005 2 93 .93 48 2,849,500 427,430 2012 1.014 3 90 .91

Louisiana Register Vol. 40, No. 12 December 20, 2014 38 Table 1503 Table 2503.B Aircraft (Including Helicopters) Cost Indices Cost Index Average Economic Life National Average (Average) (20 Years) Year Age 1926 = 100 January 1, 2014 = 100* Effective Percent Composite 2001 14 1093.4 1.433 Year Index Age Good Multiplier 2000 15 1084.3 1.445 2011 1.042 4 86 .90 1999 16 1065.0 1.471 2010 1.075 5 82 .88 1998 17 1061.8 1.476 2009 1.067 6 78 .83 1997 18 1052.7 1.488 2008 1.098 7 74 .81 1996 19 1036.0 1.512 2007 1.141 8 70 .80 1995 20 1020.4 1.536 2006 1.203 9 65 .78 1994 21 985.0 1.591 2005 1.259 10 60 .76 1993 22 958.0 1.636 2004 1.354 11 55 .74 1992 23 939.8 1.667 2003 1.401 12 50 .70 1991 24 928.5 1.688 2002 1.424 13 45 .64 1990 25 910.2 1.721 2001 1.433 14 40 .57 1989 26 886.5 1.768 2000 1.445 15 35 .51 *Reappraisal Date: January 1, 2014-1566.9 (Base Year) 1999 1.471 16 31 .46 1998 1.476 17 27 .40 1997 1.488 18 24 .36 C. … 1996 1.512 19 22 .33 * * * 1995 1.536 20 21 .32 D. Composite Multipliers 2015 (2016 Orleans Parish) 1994 1.591 21 20 .32

Table 2503.D AUTHORITY NOTE: Promulgated in accordance with R.S. 47 Composite Multipliers 1837 and R.S. 47:2323. 2015 (2016 Orleans Parish) HISTORICAL NOTE: Promulgated by the Department of Reve 3 5 6 8 10 12 15 20 25 nue and Taxation, Tax Commission, LR 8:102 (February 1982), am Age Yr Yr Yr Yr Yr Yr Yr Yr Yr ended LR 10:943 (November 1984), LR 12:36 (January 1986), LR 1 .69 .84 .86 .89 .91 .93 .94 .96 .97 13:188 (March 1987), LR 13:764 (December 1987), LR 14:872 (De 2 .49 .69 .73 .79 .84 .87 .90 .93 .95 cember 1988), LR 15:1097 (December 1989), LR 16:1063 (Decem 3 .34 .53 .58 .68 .77 .81 .86 .91 .94 ber 1990), LR 17:1213 (December 1991), LR 19:212 (February 199 4 .17 .35 .43 .56 .70 .76 .82 .90 .94 3), LR 20:198 (February 1994), LR 21:186 (February 1995), LR 22 5 .25 .32 .46 .62 .71 .78 .88 .94 117 (February 1996), LR 23:206 (February 1997), amended by the 6 .19 .20 .35 .52 .62 .73 .83 .90 Department of Revenue, Tax Commission, LR 24:490 (March 199 7 .20 .29 .43 .55 .68 .81 .89 8), LR 25:316 (February 1999), LR 26:509 (March 2000), LR 27:4 8 .25 .34 .49 .63 .80 .89 9 .24 .29 .43 .59 .78 .88 27 (March 2001), LR 28:520 (March 2002), LR 29:370 (March 200 10 .26 .37 .54 .76 .88 3), LR 30:489 (March 2004), LR 31:719 (March 2005), LR 32:433 11 .25 .32 .50 .74 .87 (March 2006), LR 33:495 (March 2007), LR 34:685 (April 2008), 12 .31 .43 .70 .87 LR 35:499 (March 2009), LR 36:779 (April 2010), amended by the 13 .28 .37 .64 .85 Division of Administration, Tax Commission, LR 37:1401 (May 20 14 .33 .57 .80 11), LR 38:809 (March 2012), LR 39:497 (March 2013), LR 40:53 15 .30 .51 .75 8 (March 2014), LR 41: 16 .29 .46 .71 Chapter 25. General Business Assets 17 .40 .65 §2503. Tables Ascertaining Economic Lives, Percent Go 18 .36 .58 od and Composite Multipliers of Business and In 19 .33 .51 20 .32 .46 dustrial Personal Property 21 .32 .45 A. … 22 .43 * * * 23 .40 B. Cost Indices 24 .34 25 .34 26 .33 Table 2503.B Cost Indices 1. Data sources for tables are: National Average Year Age 1926 = 100 January 1, 2014 = 100* a. Cost Index―Marshall and Swift Publication Co.; 2014 1 1578.8 0.992 b. Percent Good―Marshall and Swift Publication C 2013 2 1558.7 1.005 o.; 2012 3 1545.9 1.014 c. Average Economic Life―various. 2011 4 1503.2 1.042 AUTHORITY NOTE: Promulgated in accordance with R.S. 47 2010 5 1457.4 1.075 1837 and R.S. 47:2323. 2009 6 1468.6 1.067 HISTORICAL NOTE: Promulgated by the Department of Reve 2008 7 1427.3 1.098 nue and Taxation, Tax Commission, LR 8:102 (February 1982), am 2007 8 1373.3 1.141 2006 9 1302.3 1.203 ended LR 9:69 (February 1983), LR 10:944 (November 1984), LR 2005 10 1244.5 1.259 12:36 (January 1986), LR 13:188 (March 1987), LR 13:764 (Dece 2004 11 1157.3 1.354 mber 1987), LR 14:872 (December 1988), LR 15:1097 (December 2003 12 1118.6 1.401 1989), LR 16:1063 (December 1990), LR 17:1213 (December 199 2002 13 1100.0 1.424 1), LR 19:212 (February 1993), LR 20:198 (February 1994), LR 21

39 Louisiana Register Vol. 40, No. 12 December 20, 2014 186 (February 1995), LR 22:117 (February 1996), LR 23:207 (Febr 1. The assessor shall confirm, in writing, to the Tax C uary 1997), amended by the Department of Revenue, Tax Commiss ommission that the Board of Review has issued a written det ion, LR 24:490 (March 1998), LR 25:317 (February 1999), LR 26: ermination to each taxpayer and to the assessor’s office in th 509 (March 2000), LR 27:427 (March 2001), LR 28:520 (March 20 e format required by §3101(J). Upon filing an appeal to the 02), LR 29:370 (March 2003), LR 30:489 (March 2004), LR 31:71 9 (March 2005), LR 32:433 (March 2006), LR 33:496 (March 200 Louisiana Tax Commission, the appealing party must simult 7), LR 34:686 (April 2008), LR 35:500 (March 2009), LR 36:780 aneously by deposit in the United States Mail by certified m (April 2010), amended by the Division of Administration, Tax Com ail (return receipt requested) to the other party that an appeal mission, LR 37:1402 (May 2011), LR 38:810 (March 2012), LR 39 was filed with the Louisiana Tax Commission. Failure to tim 497 (March 2013), LR 40:538 (March 2014), LR 41: ely notify the other party, as provided herein, shall void the a Chapter 31. Public Exposure of Assessments; Appeals ppeal to the Louisiana Tax Commission. §3101. Public Exposure of Assessments, Appeals to the C. All filings to the Louisiana Tax Commission shall be f Board of Review and Board of Review Hearings iled in proper form, consisting of an original and seven (7) c A. - I. … opies on letter size paper, with the Office of the Administrato J. The Board of Review shall provide each appellant tax r. All exhibits, where it is helpful, to the consideration of suc payer with a written notice of their particular appeal determi h exhibits, shall be indexed, numbered, color coded, tabbed nation with a copy simultaneously submitted to the assessor or otherwise so identified as to provide ready accessibility. A and the Tax Commission on or before the certification of the ll appeals and filings shall be deemed filed when deposited assessment list to the Tax Commission. The Board of Revie with the United States Postal Service and can be evidenced b w notice of determination shall simultaneously be deposited y proof of mailing by registered or certified mail. in the United States Mail by certified mail (return receipt req C.1. - P. … uested) to the Louisiana Tax Commission, the assessor and t Q. Documents and papers offered into evidence for a hea he taxpayer. The taxpayer address shall be at the address, pro ring before the commission shall be marked as exhibits and vided by the taxpayer, shown on the appeal. The Board of Re bound. All exhibits, where it is helpful, to the consideration view may not create a cumulative notice to multiple taxpayer of such exhibits, shall be indexed, numbered, color coded, ta s who are represented by the same taxpayer representative. T bbed or otherwise so identified as to provide ready accessibil he Board of Review may, however, send the multiple separat ity. Seven (7) copies of all exhibits shall be provided to the c e individual taxpayer determinations to the taxpayer represen ommission, with a copy to the opposing party ten (10) days tative compiled, organized and grouped by taxpayer in one c prior to the scheduled appeal. Exhibits offered by a taxpayer ertified mailing. shall be marked "Exhibit Taxpayer____" and shall be consec K. The determination of the Board of Review shall be fin utively numbered. The taxpayer shall, at the time an exhibit i al unless appealed, in writing, to the Tax Commission within s offered, state whether the exhibit contains information not f 15 business days after the date of deposit of the simultaneou urnished to the assessor before the end of the period for publ s certified mail to the appealing taxpayer and assessor of the ic exposure of the assessment lists. Exhibits offered by the as Board of Review notice of determination. Either or both part sessor shall be marked "Exhibit Assessor_____" and shall be ies may appeal the Board of Review determination to the Ta consecutively numbered. Exhibits offered by the commissio x Commission. n or its staff representative shall be marked "Exhibit Tax Co * * * mmission_____" and shall be consecutively numbered. Lega AUTHORITY NOTE: Promulgated in accordance with R.S. 47 l memorandum submitted by the parties will be made part of 1992, R.S. 47:2301 and R.S. 47:2321. the record of proceedings before the commission, but shall n HISTORICAL NOTE: Promulgated by the Louisiana Tax Com ot be filed as exhibits to be offered into evidence for the hear mission, LR 4:339 (September 1978), amended by the Department ing before the commission. of Revenue and Taxation, Tax Commission, LR 13:188 (March 198 R. - T. … 7), LR 13:764 (December 1987), LR 15:1097 (December 1989), L R 16:1063 (December 1990), LR 20:198 (February 1994), LR 21:1 U. The parties to an appeal shall be simultaneously notifi 86 (February 1995), LR 23:208 (February 1997), amended by the D ed in writing, by United States Mail by certified mail (return epartment of Revenue, Tax Commission, LR 24:492 (March 1998), receipt requested), of the final decision by the commission. LR 25:319 (February 1999), LR 26:512 (March 2000), LR 32:435 The taxpayer or assessor shall have 30 days from certified m (March 2006), LR 33:498 (March 2007), LR 34:688 (April 2008), ailing date of the Order to appeal to a court of competent juri LR 35:501 (March 2009), LR 36:781 (April 2010), amended by the sdiction. The Louisiana Tax Commission may not create a cu Division of Administration, Tax Commission, LR 37:1403 (May 20 mulative notice to multiple taxpayers who are represented by 11), LR 38:811 (March 2012), LR 40:539 (March 2014), LR 41: the same taxpayer representative. The Louisiana Tax Commi §3103. Appeals to the Louisiana Tax Commission ssion may, however, send the multiple separate individual ta A. ... xpayer determinations compiled, organized and grouped by t B. An appeal to the Louisiana Tax Commission shall be f axpayer to the taxpayer representative in one certified mailin iled by depositing in the United States Mail by certified mail g. (return receipt requested) with the commission within 15 bus V. … iness days after the Board of Review’s written decision was W. Subpoenas for the attendance of witnesses or for the p mailed to the appealing taxpayer and assessor. In order to ins roduction of books, papers, accounts or documents for a hear titute a proceeding before the commission, the taxpayer or as ing may be issued by the commission upon its own motion, sessor shall file by depositing in the United States Mail by ce or upon the written request of the taxpayer or assessor. No su rtified mail (return receipt requested) Form 3103.A and, if ap bpoena shall be issued until the party who wishes to subpoen plicable, Form 3103.B. a the witness first deposits with the agency a sum of money s

Louisiana Register Vol. 40, No. 12 December 20, 2014 40 ufficient to pay all fees and expenses to which a witness in a R. Subpoenas for the attendance of witnesses or for the p civil case is entitled pursuant to R.S. 13:3661 and R.S. 13:36 roduction of books, papers, accounts or documents at a heari 71. Any subpoena duces tecum shall allow no less than five ng, may be issued by the commission upon its own motion, o days to assimilate and to deliver said documents subpoenaed r upon the written request of the taxpayer. No subpoenas shal by the subpoena recipient. The form of subpoena attached he l be issued until the taxpayer who wishes to subpoena the wit reto as Form SUBP.T-2 (found on the Tax Commission’s we ness first deposits with the agency a sum of money sufficient bsite under General Forms), or a reasonable variation thereof, to pay all fees and expenses to which a witness in a civil cas shall be filled out and presented with the subpoena request. e is entitled pursuant to R.S. 13:3661 and R.S. 13:3671. Any Service of the subpoena may be accomplished by any of the subpoena duces tecum shall allow no less than five days to a methods prescribed by the Louisiana Administrative Procedu ssimilate and to deliver said documents subpoenaed by the s re Act. ubpoena recipient. The form of subpoena attached hereto as X. … Form SUBP.T-2 (found on the Tax Commission’s website un * * * der General Forms), or a reasonable variation thereof, shall b AUTHORITY NOTE: Promulgated in accordance with R.S. 47 e filled out and presented with the subpoena request. Service 1837, R.S. 47:1989 and R.S. 47:1992. of the subpoena may be accomplished by any of the methods HISTORICAL NOTE: Promulgated by the Louisiana Tax Com prescribed by the Louisiana Administrative Procedure Act. mission, LR 4:339 (September 1978), amended by the Department S. - T. … of Revenue and Taxation, Tax Commission, LR 10:947 (November * * * 1984), LR 15:1097 (December 1989), LR 20:198 (February 1994), LR 21:186 (February 1995), LR 22:117 (February 1996), amended AUTHORITY NOTE: Promulgated in accordance with R.S. 47 by the Department of Revenue, Tax Commission, LR 24:492 (Marc 1837. h 1998), LR 25:319 (February 1999), LR 26:512 (March 2000), LR HISTORICAL NOTE: Promulgated by the Department of Reve 28:521 (March 2002), LR 31:721 (March 2005), LR 32:436 (March nue, Tax Commission, LR 33:499 (March 2007), LR 34:690 (April 2006), LR 33:498 (March 2007), LR 34:688 (April 2008), LR 36:7 2008), LR 36:782 (April 2010), amended by the Division of Admin 82 (April 2010), amended by the Division of Administration, Tax C istration, Tax Commission, LR 38:812 (March 2012), LR 41: ommission, LR 38:811 (March 2012), LR 41: §3107. Practice and Procedure for Appeal of Insurance §3105. Practice and Procedure for Public Service Prope Credit Assessments rty Hearings A. - Q. … A. - P. … R. Subpoenas for the attendance of witnesses or for the p Q. Subpoenas for the attendance of witnesses or for the p roduction of books, papers, accounts or documents at a heari roduction of books, papers, accounts or documents at a heari ng, may be issued by the commission upon its own motion, o ng, may be issued by the commission upon its own motion, o r upon the written request of the taxpayer. No subpoenas shal r upon the written request of the taxpayer. No subpoenas shal l be issued until the taxpayer who wishes to subpoena the wit l be issued until the taxpayer who wishes to subpoena the wit ness first deposits with the agency a sum of money sufficient ness first deposits with the agency a sum of money sufficient to pay all fees and expenses to which a witness in a civil cas to pay all fees and expenses to which a witness in a civil cas e is entitled pursuant to R.S. 13:3661 and R.S. 13:3671. Any e is entitled pursuant to R.S. 13:3661 and R.S. 13:3671. Any subpoena duces tecum shall allow no less than five days to a subpoena duces tecum shall allow no less than five days to a ssimilate and to deliver said documents subpoenaed by the s ssimilate and to deliver said documents subpoenaed by the s ubpoena recipient. The form of subpoena attached hereto as ubpoena recipient. The form of subpoena attached hereto as Form SUBP.T-2 (found on the Tax Commission’s website un Form SUBP.T-2 (found on the Tax Commission’s website un der General Forms), or a reasonable variation thereof, shall b der General Forms), or a reasonable variation thereof, shall b e filled out and presented with the subpoena request. Service e filled out and presented with the subpoena request. Service of the subpoena may be accomplished by any of the methods of the subpoena may be accomplished by any of the methods prescribed by the Louisiana Administrative Procedure Act. prescribed by the Louisiana Administrative Procedure Act. S. - T. … R. - S. … * * * * * * AUTHORITY NOTE: Promulgated in accordance with R.S. 47 AUTHORITY NOTE: Promulgated in accordance with R.S. 47 1837. 1837 and R.S. 47:1856. HISTORICAL NOTE: Promulgated by the Department of Reve HISTORICAL NOTE: Promulgated by the Louisiana Tax Com nue, Tax Commission, LR 33:501 (March 2007), LR 34:690 (April mission, LR 4:339 (September 1978), amended by the Department 2008), LR 36:782 (April 2010), amended by the Division of Admin of Revenue and Taxation, Tax Commission, LR 10:947 (November istration, Tax Commission, LR 38:812 (March 2012), LR 41: 1984), LR 15:1097 (December 1989), LR 20:198 (February 1994), Chapter 35. Miscellaneous LR 21:186 (February 1995), LR 23:209 (February 1997), amended §3501. Service Fees - Tax Commission by the Department of Revenue, Tax Commission, LR 24:493 (Marc A. The Tax Commission is authorized by R.S. 47:1838 to h 1998), LR 25:320 (February 1999), LR 26:513 (March 2000), LR levy and collect fees on an interim basis for the period 30:492 (March 2004), LR 31:723 (March 2005), LR 32:438 (March 2006), LR 33:499 (March 2007), LR 34:689 (April 2008), LR 36:7 82 (April 2010), amended by the Division of Administration, Tax C ommission, LR 38:812 (March 2012), LR 41: §3106. Practice and Procedure for Appeal of Bank Asse ssments A. - Q. …

41 Louisiana Register Vol. 40, No. 12 December 20, 2014 beginning on July 1, 2014, and ending on June 30, 2018, i and they are permitted to prepare products for practitioner n connection with services performed by the Tax Commissio s without a patient-specific prescription, using quality guidel n as follows. ines that are more stringent than the quality guidelines used 1. A fee for assessing public service property, at the ra by pharmacies for their compounding activities. te of .01 percent of the assessed value, to be paid by each pu The preparation of compounds in the absence of a patient- blic service property which pays ad valorem taxes. specific prescription is now construed as manufacturing as o 2. A fee for assessing insurance companies, at the rate pposed to compounding. Compounding by pharmacies is reg of .015 percent of the assessed value, to be paid by each insu ulated by the board. Manufacturing is regulated by the feder rance company which pays ad valorem taxes. al FDA. In an abundance of caution for the health, safety and 3. A fee for assessing financial institutions, at the rate welfare of Louisiana citizens, the board seeks to repeal the c of .015 percent of the assessed value, to be paid by each ban urrent Rule which allows the compounding of preparations k and capital stock association which pays ad valorem taxes. without the necessity of a patient-specific prescription. B. - E. … The board has determined this Emergency Rule is necessa * * * ry to prevent imminent peril to the public health, safety, and AUTHORITY NOTE: Promulgated in accordance with R.S. 47 welfare. The Declaration of Emergency is effective Decemb 1835 and R.S. 47:1838. er 5, 2014 and shall remain in effect for the maximum time p HISTORICAL NOTE: Promulgated by the Department of Reve eriod allowed under the Administrative Procedure Act or unt nue and Taxation, Tax Commission, LR 19:212 (February 1993), a il adoption of the final Rule, whichever shall first occur. mended LR 20:198 (February 1994), amended by the Department o Title 46 f Revenue, Tax Commission, LR 24:494 (March 1998), LR 25:320 (February 1999), LR 26:513 (March 2000), LR 28:521 (March 200 PROFESSIONAL AND OCCUPATIONAL STANDARD 2), LR 30:493 (March 2004), LR 31:724 (March 2005), LR 32:439 S (March 2006), LR 33:502 (March 2007), LR 35:501 (March 2009), Part LIII. Pharmacists LR 37:1403 (May 2011), LR 41: Chapter 25. Prescriptions, Drugs, and Devices Subchapter C. Compounding of Drugs James D. “Pete” Peters §2531. Purpose and Scope Chairman A. Purpose. The rules of this Subchapter describe the req 1412#051 uirements of minimum current good compounding practices for the preparation of drug formulations by Louisiana-licens DECLARATION OF EMERGENCY ed pharmacists, pharmacy interns, pharmacy technicians, an Department of Health and Hospitals d pharmacy technician candidates for dispensing and/or adm Board of Pharmacy inistration to patients. B. Scope. These requirements are intended to apply to all Pharmacy Compounding (LAC 46:LIII.Chapter 25) compounded preparations, sterile and non-sterile, regardless of the location of the patient, e.g., home, hospital, nursing ho The Louisiana Board of Pharmacy is exercising the emerg me, hospice, or practitioner’s office. ency provisions of the Administrative Procedure Act, specifi AUTHORITY NOTE: Promulgated in accordance with R.S. 37 cally at R.S. 49:953(B), to amend its rules governing the co 1182. HISTORICAL NOTE: Promulgated by the Department of Heal mpounding of drugs by pharmacies, especially certain portio th and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), ef ns of that Rule permitting pharmacists to compound medicat fective January 1, 1989, amended LR 29:2105 (October 2003), effe ions intended for administration by practitioners without the ctive January 1, 2004, LR 41: necessity of a patient-specific prescription. §2533. Definitions The U.S. Congress passed the Drug Quality and Security A. As used in this Subchapter, the following terms shall Act (DQSA) in November 2013. The first portion of that law have the meaning ascribed to them in this Section. amended several portions of the federal Food, Drug and Cos * * * metic Act. Subsequent to the effective date of that new law o Preparationa compounded drug dosage form or dietar n November 27, 2013, the federal Food and Drug Administra y supplement or a device to which a compounder has introdu tion (FDA) issued preliminary and final guidance to compou ced a drug. This term will be used to describe compounded f nding pharmacies. Within the final guidance issued by the F ormulations. DA on July 1, 2014, there are a number of requirements that * * * compounding pharmacies must comply with in order to be el AUTHORITY NOTE: Promulgated in accordance with R.S. 37 igible for an exemption to all of the other provisions applica 1182. ble to the manufacturing of drugs. Among other provisions, t HISTORICAL NOTE: Promulgated by the Department of Heal he new law established a clear definition of compounding th th and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), ef at requires the necessity of a patient-specific prescription. Th fective January 1, 1989, amended LR 29:2105 (October 2003), effe ere is no authority for the compounding of medications in th ctive January 1, 2004, LR 41: e absence of a patient-specific prescription. §2535. General Standards New language in the DQSA includes the creation of a new A. Compounding Practices. Compounded medications m category of provider known as outsourcing facilities. These f ay be prepared using prescription medications, over-the-cou acilities are registered and regulated by the federal FDA, nter medications, chemicals, compounds, or other componen ts.

Louisiana Register Vol. 40, No. 12 December 20, 2014 42 1. A pharmacy shall have written procedures as necess D. Anticipated Use Preparations. The pharmacist shall la ary for the compounding of drug preparations to assure that t bel any excess compounded preparation so as to reference it he finished preparations have the identity, strength, quality, a to the formula used and the assigned lot number and estimat nd purity they are represented to possess. ed beyond use date based on the pharmacist’s professional ju 2. All compounding activities shall be accomplished u dgment and/or other appropriate testing or published data. tilizing accepted pharmacy techniques, practices, and equip E. Compounding Commercial Products Not Available. A ment, as well as the Federal Food, Drug and Cosmetic Act of pharmacy may prepare a copy of a commercial product whe 1938 as subsequently amended, most recently in November n that product is not available as evidenced by either of the f 2013 (FDCA), the 2014 edition of title 21 of the Code of Fe ollowing: deral Regulations (CFR), and all relevant chapters of the 20 1. products appearing on a website maintained by the 14 edition of the United States Pharmacopeia-National Form federal Food and Drug Administration (FDA) and/or the Am ulary (USP 37-NF 32). erican Society of Health-System Pharmacists (ASHP); a. The compounding of sterile preparations pursuan 2. products temporarily unavailable from manufacture t to the receipt of a patient-specific prescription shall comply rs, as documented by invoice or other communication from t with the provisions of section 503A of the FDCA and USP c he distributor or manufacturer. hapter 797. F. Labeling of Compounded Preparations b. The compounding of non-sterile preparations pur 1. The labeling requirements of R.S. 37:1225, or its su suant to the receipt of a patient-specific prescription shall co ccessor, as well as this Chapter, shall apply. mply with the provisions of section 503A of the FDCA and AUTHORITY NOTE: Promulgated in accordance with R.S. 37 USP chapter 795. 1182. c. The compounding of preparations for veterinary HISTORICAL NOTE: Promulgated by the Department of Heal use shall comply with the provisions of section 530 of title 2 th and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), ef fective January 1, 1989, amended LR 23:1316 (October 1997), ame 1 of the CFR. nded LR 29:2105 (October 2003), effective January 1, 2004, LR 41: d. The compounding of positron emission tomograp §2537. Requirements for Compounding Sterile Product hy (PET) drugs shall comply with the provisions of section 2 s 12 of title 21 of the CFR. Repealed. 3. Products or duplicates of products removed from th AUTHORITY NOTE: Promulgated in accordance with R.S. 37 e market for the purposes of safety shall not be used to comp 1182. ound prescriptions for human use. HISTORICAL NOTE: Promulgated by the Department of Heal B. Board Notification. An applicant or pharmacy permit th and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), ef holder who wishes to engage in the compounding of sterile p fective January 1, 1989, amended LR 29:2106 (October 2003), effe reparations shall notify the board and shall receive approval ctive January 1, 2004, repealed LR 41: from the board prior to beginning that practice. C. Training and Education. All individuals compounding Malcolm J. Broussard sterile preparations shall: Executive Director 1. obtain practical and/or academic training in the com 1412#034 pounding and dispensing of sterile preparations; 2. complete a minimum of one hour of Accreditation DECLARATION OF EMERGENCY Council for Pharmacy Education (ACPE) accredited or boar Department of Health and Hospitals d-approved continuing education, on an annual basis, related Bureau of Health Services Financing to sterile drug preparation, dispensing, and utilization; 3. use proper aseptic technique in compounding of all Disproportionate Share Hospital Payments sterile preparations, as defined by the pharmacy practice site’ Louisiana Low-Income Academic Hospitals s policy and procedure manual; (LAC 50:V.Chapter 31) 4. qualify through an appropriate combination of speci fic training and experience to operate or manipulate any item The Department of Health and Hospitals, Bureau of Healt of equipment, apparatus, or device to which such persons wil h Services Financing adopts LAC 50:V.Chapter 31 in the Me l be assigned to use to make and dispense sterile preparation dical Assistance Program as authorized by R.S. 36:254 and p s; and ursuant to Title XIX of the Social Security Act. This Emerge 5. maintain in the pharmacy practice site a written rec ncy Rule is promulgated in accordance with the provisions o ord of initial and subsequent training and competency evalua f the Administrative Procedure Act, R.S. 49:953(B)(1) et se tions. The record shall contain the following minimum infor q., and shall be in effect for the maximum period allowed un mation: der the Act or until adoption of the final Rule, whichever occ a. name of the individual receiving the training/eval urs first. uation; The Department of Health and Hospitals, Bureau of Healt b. date of the training/evaluation; h Services Financing promulgated Emergency Rules which a c general description of the topics covered; mended the provisions governing disproportionate share hos d. signature of the individual receiving the training/ pital (DSH) payments to hospitals participating in public-pri evaluation; and vate partnerships in the south and north Louisiana areas (Lo e. name and signature of the individual providing th uisiana Register, Volume 39, Numbers 7 and 10). As a result e training/evaluation. of the U.S. Department of Health and Human Services, Cent

43 Louisiana Register Vol. 40, No. 12 December 20, 2014 ers for Medicare and Medicaid Services’ disapproval of the c c. maintaining at least 20 unweighted intern and res orresponding State Plan Amendments, the department deter ident full-time equivalent positions, as reported on the Medic mined that it was necessary to repeal the provisions of the Ju are Cost Report Worksheet E-4, line 6. ly 6, 2013 and October 1, 2013 Emergency Rules governing AUTHORITY NOTE: Promulgated in accordance with R.S. 36 DSH payments to the hospitals participating in the south and 254 and Title XIX of the Social Security Act. north Louisiana area public-private partnerships. HISTORICAL NOTE: Promulgated by the Department of Heal The department promulgated an Emergency Rule which a th and Hospitals, Bureau of Health Services Financing, LR 41: mended the provisions governing DSH payments in order to §3103. Payment Methodology establish payments to Louisiana Low-Income Academic Hos A. Each qualifying hospital shall be paid DSH adjustmen pitals (Louisiana Register, Volume 40, Number 6). The depar t payments equal to 100 percent of allowable hospital specifi tment subsequently promulgated an Emergency Rule which c uncompensated care costs subject to the Appropriations Ac amended the provisions of the May 24, 2014 Emergency Rul t. DSH payments to qualifying hospitals shall not exceed the e to clarify the provisions governing the payment methodolo disproportionate share limits as defined in Section 1923(g) gy to Louisiana Low-Income Academic Hospitals (Louisian (1) (A) of the Social Security Act for the state fiscal year to a Register, Volume 40, Number 9). This Emergency Rule is which the payment is applicable. being promulgated to continue the provisions of the Septemb B. Payment Calculation er 20, 2014 Emergency Rule. This action is being taken to pr 1. For the initial year’s payment calculation, each qual omote the health and welfare of Medicaid recipients by main ifying hospital shall submit interim actual cost data calculate taining recipient access to much needed hospital services. d utilizing Medicaid allowable cost report principles, along Effective January 19, 2015 the Department of Health and with actual Medicaid and uninsured patient charge data. Hospitals, Bureau of Health Services Financing amends the Annual Medicaid costs shortfalls and unreimbursed unins provisions governing DSH payments to Low-Income Acade ured patient costs are determined based on review and analys mic Hospitals. is of these submissions. Title 50 2. For subsequent year’s payment calculations, the mo PUBLIC HEALTHMEDICAL ASSISTANCE st recent Medicaid filed cost report along with actual Medica Part V. Hospital Services id and uninsured patient charge data annualized from the mo Subpart 3. Disproportionate Share Hospital Payments st recent calendar year completed quarter is utilized to calcul Chapter 31. Louisiana Low-Income Academic Hospita ate hospital specific uncompensated care costs. ls C. The department shall review cost data, charge data, le §3101. Qualifying Criteria ngths of stay and Medicaid claims data per the Medicaid Ma A. Hospitals Located Outside of the Lake Charles Metro nagement and Information Systems (MMIS) for reasonablen politan Statistical Area ess before payments are made. 1. Effective for dates of service on or after May 24, 20 D. The first payment of each fiscal year will be made by 14, a hospital may qualify for this category by: October 15 and will be 80 percent of the annual calculated u a. being a private acute care general hospital that is ncompensated care costs. The remainder of the payment will located outside of the Lake Charles metropolitan statistical a be made by June 30 of each year. rea (MSA); 1. Reconciliation of these payments to actual hospital b. having uninsured patient utilization, as measured specific uncompensated care costs will be made when the co by allowable uninsured inpatient and outpatient charges, gre st report(s) covering the actual dates of service from the state ater than 20 percent. Qualification shall be based on uninsur fiscal year are filed and reviewed. ed utilization data per the prior state fiscal year date of servic 2. Additional payments or recoupments, as needed, sh e time period; and all be made after the finalization of the Centers for Medicare c. maintaining at least 15 unweighted intern and res and Medicaid Services (CMS) mandated DSH audit for the s ident full-time equivalent positions, as reported on the Medic tate fiscal year. are Cost Report Worksheet E-4, line 6. E. No payment under this Section is dependent on any a B. Hospitals Located In the Lake Charles Metropolitan S greement or arrangement for providers or related entities to d tatistical Area onate money or services to a governmental entity. 1. Effective for dates of service on or after May 24, 20 AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. 14, a hospital may qualify for this category by: HISTORICAL NOTE: Promulgated by the Department of Heal a. being a private acute care general hospital that is th and Hospitals, Bureau of Health Services Financing, LR 41: located in the Lake Charles MSA; Implementation of the provisions of this Rule may be cont b. having uninsured patient utilization, as measured ingent upon the approval of the U.S. Department of Health a by allowable uninsured inpatient and outpatient charges, gre nd Human Services, Centers for Medicare and Medicaid Ser ater than 10 percent. To determine qualification in state fisca vices (CMS), if it is determined that submission to CMS for l year 2014, the first six month dates of service time period review and approval is required. (July 1, 2013 through December 31, 2013) shall be used. In s Interested persons may submit written comments to J. Rut ubsequent state fiscal years, qualification shall be based on u h Kennedy, Bureau of Health Services Financing, P.O. Box 9 ninsured utilization data per the prior state fiscal year date of 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid service time period; and [email protected]. Ms. Kennedy is responsible for responding t o all inquiries regarding this Emergency Rule. A copy of this

Louisiana Register Vol. 40, No. 12 December 20, 2014 44 Emergency Rule is available for review by interested parties hey meet the eligibility requirements for the state plan famil at parish Medicaid offices. y planning services. B. The primary goals of family planning services are to: Kathy H. Kliebert 1. increase access to services which will allow improv Secretary ed reproductive and physical health; 1412#085 2. improve perinatal outcomes; and 3. reduce the number of unintended pregnancies. DECLARATION OF EMERGENCY AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. Department of Health and Hospitals HISTORICAL NOTE: Promulgated by the Department of Heal Bureau of Health Services Financing th and Hospitals, Bureau of Health Services Financing, LR 40:1097 (June 2014), amended LR 40: Family Planning Services Chapter 253. Eligibility Criteria (LAC 50:XV.Chapters 251-255) §25301. Recipient Qualifications A. Recipients who qualify for family planning services i The Department of Health and Hospitals, Bureau of Healt n the new categorically needy group include individuals of c h Services Financing amends LAC 50:XV.Chapters 251-255 hild bearing age who meet the following criteria: in the Medical Assistance Program as authorized by R.S. 36: 1. women who are not pregnant and have income at or 254 and pursuant to Title XIX of the Social Security Act. Thi below 138 percent of the federal poverty level; and s Emergency Rule is promulgated in accordance with the pro 2. men who have income at or below 138 percent of th visions of the Administrative Procedure Act, R.S. 49:953(B) e federal poverty level. (1) et seq., and shall be in effect for the maximum period all 3. Repealed. owed under the Act or until adoption of the final Rule, which AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ever occurs first. 254 and Title XIX of the Social Security Act. The Department of Health and Hospitals, Bureau of Healt HISTORICAL NOTE: Promulgated by the Department of Heal h Services Financing adopted provisions to establish a new o th and Hospitals, Bureau of Health Services Financing, LR 40:1097 ptional eligibility group under the Medicaid State Plan to pro (June 2014), amended LR 41: vide coverage for family planning services and supplies (Lo Chapter 255. Services uisiana Register, Volume 40, Number 6). The department pro §25501. Covered Services mulgated an Emergency Rule which amended the provisions A. Medicaid covered family planning services include: governing family planning services to revise and clarify the 1. seven office visits per year for physical examinatio provisions of the June 20, 2014 Rule (Louisiana Register, Vo ns or necessary re-visits as it relates to family planning or fa lume 40, Number 6). The department promulgated an Emerg mily planning-related services; ency Rule which amended the provisions of the June 20, 201 2. contraceptive counseling (including natural family 4 Emergency Rule in order to revise the formatting of these planning), education, follow-ups and referrals; provisions in order to ensure that the provisions are appropri 3. laboratory examinations and tests for the purposes o ately incorporated into the Louisiana Administrative Code f family planning and management of sexual health; (Louisiana Register, Volume 40, Number 9). This Emergenc 4. pharmaceutical supplies and devices to prevent con y Rule is being promulgated to continue the provisions of th ception, including all methods of contraception approved by e September 20, 2014 Emergency Rule. This action is being the Federal Food and Drug Administration; and taken to avoid sanctions or federal penalties from the U.S. D a. - c. Repealed. epartment of Health and Human Services, Centers for Medic 5. male and female sterilization procedures and follo are and Medicaid Services (CMS) for noncompliance with fe w-up tests provided in accordance with 42 CFR 441, subpart deral requirements and to insure that the provisions of this ru F. le are properly formatted in the Louisiana Administrative Co B. Family planning-related services include the diagnosi de. s and treatment of sexually transmitted diseases or infections, Effective January 19, 2015, the Department of Health and regardless of the purpose of the visit at which the disease or Hospitals, Bureau of Health Services Financing amends the infection was discovered. Medicaid covered family plannin provisions governing family planning State Plan services. g-related services include: Title 50 1. diagnostic procedures, drugs and follow-up visits to PUBLIC HEALTH―MEDICAL ASSISTANCE treat a sexually transmitted disease, infection or disorder ide Part XV. Services for Special Populations ntified or diagnosed at a family planning visit (other than HI Subpart 17. Family Planning Services V/AIDS or hepatitis); Chapter 251. General Provisions 2. annual family planning visits for individuals, both §25101. Purpose males and females of child bearing age, which may include: A. Effective July 1, 2014, the Medicaid Program shall pr a. a comprehensive patient history; ovide coverage of family planning services and supplies und b. physical, including breast exam; er the Medicaid State Plan, to a new targeted group of indivi c. laboratory tests; and duals who are otherwise ineligible for Medicaid. This new o d. contraceptive counseling; ptional coverage group may also include individuals receivin 3. vaccine to prevent cervical cancer; g family planning services through the Section 1115 demonst 4. treatment of major complications from certain famil ration waiver, Take Charge Program, if it is determined that t y planning procedures; and

45 Louisiana Register Vol. 40, No. 12 December 20, 2014 5. transportation services. Volume 36, Number 8). The department promulgated an Em C. - C.5. Repealed. ergency Rule which amended the provisions of the August 2 AUTHORITY NOTE: Promulgated in accordance with R.S. 36 0, 2010 Emergency Rule governing the allocation of waiver 254 and Title XIX of the Social Security Act. opportunities in order to adopt criteria for crisis diversion, to HISTORICAL NOTE: Promulgated by the Department of Heal revise the provisions governing the individuals who may be th and Hospitals, Bureau of Health Services Financing, LR 40:1098 offered a waiver opportunity, and to clarify the provisions go (June 2014), amended LR 41: verning the Developmental Disabilities Request for Services Interested persons may submit written comments to J. Rut Registry (Louisiana Register, Volume 37, Number 6). This E h Kennedy, Bureau of Health Services Financing, P.O. Box 9 mergency Rule is being promulgated to continue the provisio 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid ns of the May 20, 2011 Emergency Rule. This action is bein [email protected]. Ms. Kennedy is responsible for responding t g taken to comply with the provisions of the approved waive o inquiries regarding this Emergency Rule. A copy of this E r application and to secure enhanced federal funding. mergency Rule is available for review by interested parties a Effective January 10, 2015, the Department of Health and t parish Medicaid offices. Hospitals, Bureau of Health Services Financing and the Offi ce for Citizens with Developmental Disabilities amend the p Kathy H. Kliebert rovisions governing the Residential Options Waiver. Secretary 1412#086 Title 50 PUBLIC HEALTHMEDICAL ASSISTANCE DECLARATION OF EMERGENCY Part XXI. Home and Community Based Services Waivers Department of Health and Hospitals Subpart 13. Residential Options Waiver Bureau of Health Services Financing Chapter 161. General Provisions and §16101. Introduction Office for Citizens with Developmental Disabilities A. The Residential Options Waiver (ROW), a 1915(c) ho me and community-based services (HCBS) waiver, is design Home and Community-Based Services Waivers ed to enhance the long-term services and supports available t Residential Options Waiver o individuals with developmental disabilities. These individu (LAC 50:XXI.Chapters 161-169) als would otherwise require an intermediate care facility for persons with developmental disabilities (ICF/DD) level of ca The Department of Health and Hospitals, Bureau of Healt re. h Services Financing and the Office for Citizens with Develo B. ... pmental Disabilities amend LAC 50:XXI.Chapters 161-169 AUTHORITY NOTE: Promulgated in accordance with R.S. 36 under the Medical Assistance Program as authorized by R.S. 254 and Title XIX of the Social Security Act. 36:254 and pursuant to Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal This Emergency Rule is promulgated in accordance with the th and Hospitals, Office for Citizens with Developmental Disabiliti provisions of the Administrative Procedure Act, R.S. 49:953 es, LR 33:2441 (November 2007), amended by the Department of (B) (1) et seq., and shall be in effect for the maximum period Health and Hospitals, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, LR 41: allowed under the Act or until adoption of the final Rule, wh §16103. Program Description ichever occurs first. A. The ROW is designed to utilize the principles of self The Department of Health and Hospitals, Office for Citize determination and to supplement the family and/or communi ns with Developmental Disabilities adopted provisions estab ty supports that are available to maintain the individual in th lishing the Residential Options Waiver (ROW), a home and e community. In keeping with the principles of self-determin community-based services (HCBS) waiver program, to prom ation, ROW includes a self-direction option which allows for ote independence for individuals with developmental disabili greater flexibility in hiring, training and general service deliv ties by offering a wide array of services, supports and reside ery issues. ROW services are meant to enhance, not replace ntial options that assist individuals to transition from instituti existing informal networks. onal care (Louisiana Register, Volume 33, Number 11). The B. ROW offers an alternative to institutional care that: department promulgated an Emergency Rule which amended 1. utilizes a wide array of services, supports and reside the November 20, 2007 Rule to revise the provisions governi ntial options which best meet the individual’s needs and pref ng the allocation of waiver opportunities and the delivery of erences; services in order to provide greater clarity (Louisiana Regist 2. meets the highest standards of quality and national er, Volume 36, Number 4). As a result of a budgetary shortfal best practices in the provision of services; and l in state fiscal year 2011, the department promulgated an E 3. ensures health and safety through a comprehensive mergency Rule which amended the provisions governing the system of participant safeguards. Residential Options Waiver to clarify the provisions governi 4. Repealed. ng the annual service budget for waiver participants and to r C. All ROW services are accessed through the support c educe the reimbursement rates for waiver services (Louisian oordination agency of the participant’s choice. a Register, Volume 36, Number 8). The department promulg 1. The plan of care (POC) shall be developed using a ated an Emergency Rule which amended the provisions of th person-centered process coordinated by the participant’s sup e May 1, 2010 Emergency Rule to incorporate the provisions port coordinator. of the August 1, 2010 Emergency Rule (Louisiana Register,

Louisiana Register Vol. 40, No. 12 December 20, 2014 46 D. All services must be prior authorized and delivered in 1. For the purposes of these provisions, a qualified ins accordance with the approved POC. titution is a nursing facility, hospital, or Medicaid enrolled in E. The total expenditures available for each waiver parti termediate care facility for people with developmental disabi cipant is established through an assessment of individual sup lities (ICF/DD). port needs and will not exceed the approved ICF/DD ICAP r B. Participants must meet the following criteria for partic ate established for that individual. ipation in the MFP Rebalancing Demonstration. 1. When the department determines that it is necessary 1. Participants with a developmental disability must: to adjust the ICF/DD ICAP rate, each waiver participant’s an a. occupy a licensed, approved Medicaid enrolled n nual service budget shall be adjusted to ensure that the partic ursing facility, hospital or ICF/DD bed for at least three cons ipant’s total available expenditures do not exceed the approv ecutive months; and ed ICAP rate. b. be Medicaid eligible, eligible for state developme F. No reimbursement for ROW services shall be made fo ntal disability services, and meet an ICF/DD level of care. r a participant who is admitted to an inpatient setting. 2. The participant or his/her responsible representative G. Repealed. must provide informed consent for both transition and partici AUTHORITY NOTE: Promulgated in accordance with R.S. 36 pation in the demonstration. 254 and Title XIX of the Social Security Act. C. Participants in the demonstration are not required to h HISTORICAL NOTE: Promulgated by the Department of Heal ave a protected date on the developmental disabilities reques th and Hospitals, Office for Citizens with Developmental Disabiliti t for services registry. es, LR 33:2441 (November 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the D. All other ROW provisions apply to the Money Follow Office for Citizens with Developmental Disabilities, LR 41: s the Person Rebalancing Demonstration. §16105. Participant Qualifications E. MFP participants cannot participate in ROW shared li A. In order to qualify for services through the ROW, an i ving services which serve more than four persons in a single ndividual must be offered a ROW opportunity and meet all o residence. f the following criteria: AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. 1. have a developmental disability as specified in the HISTORICAL NOTE: Promulgated by the Department of Heal Louisiana Developmental Disability Law and determined thr th and Hospitals, Bureau of Health Services Financing and Office f ough the developmental disabilities system entry process; or Citizens with Developmental Disabilities, LR 41: 2. meet the requirements for an ICF/DD level of care §16107. Programmatic Allocation of Waiver Opportuniti which requires active treatment for developmental disabilitie es s under the supervision of a qualified developmental disabilit A. The developmental disabilities request for services re ies professional; gistry (RFSR), hereafter referred to as “the registry,” shall be 3. meet the financial eligibility requirements for the L used to evaluate individuals for ROW opportunities and to fi ouisiana Medicaid Program; ll waiver opportunities for persons with developmental disab 4. be a resident of Louisiana; and ilities, except for those specific opportunities to be provided 5. be a citizen of the United States or a qualified alien. to persons who are described in Paragraph B.1-5 of this Secti B. Assurances are required that the health, safety and we on, who are not on the registry. lfare of the individual can be maintained in the community 1. The next individual on the registry shall be notified with the provision of ROW services. in writing that a waiver opportunity is available and that he/s 1 - 3.c. Repealed. he is next in line to be evaluated for a possible waiver assign C. Justification must be documented in the OCDD appro ment. The individual shall then choose a support coordinatio ved POC that the ROW services are appropriate, cost effecti n agency that will assist in the gathering of the documents ne ve and represent the least restrictive environment for the indi eded for both the financial eligibility and medical certificatio vidual. n process for the level of care determination. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 a. - e. Repealed. 254 and Title XIX of the Social Security Act. 2. If the individual is determined to be ineligible, eithe HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office for Citizens with Developmental Disabiliti r financially or medically, that individual shall be notified in es, LR 33:2441 (November 2007) , amended by the Department of writing. The next individual on the registry shall be notified, Health and Hospitals, Bureau of Health Services Financing and Off as stated in Paragraph B.1 of this Section, and the process co ice for Citizens with Developmental Disabilities, LR 41: ntinues until an eligible individual is assigned the waiver op §16106. Money Follows the Person Rebalancing Demonst portunity. ration 3. A waiver opportunity shall be assigned to an indivi A. The Money Follows the Person (MFP) Rebalancing D dual when eligibility is established and the individual is certi emonstration is a federal demonstration grant awarded by th fied. By accepting a ROW opportunity, this person’s name w e Centers for Medicare and Medicaid Services to the Depart ill be removed from the registry. ment of Health and Hospitals. The MFP demonstration is a tr B. ROW opportunities will be offered to the following in ansition program that targets individuals using qualified insti dividuals: tutional services and moves them to home and community-b 1. persons who meet the ICF/DD level of care and are ased long-term care services. being serviced through the OCDD Host Home contracts; 2. persons who meet the ICF/DD level of care and wh o need HCBS due to a health and/or safety crisis situation (cr isis diversion):

47 Louisiana Register Vol. 40, No. 12 December 20, 2014 a. requests for crisis diversion shall be made throug Disabilities, LR 33:2441 (November 2007) , amended by the De h OCDD. To be considered for a crisis diversion opportunity, partment of Health and Hospitals, Bureau of Health Services Finan the individual must need long-term supports, not temporary cing and the Office for Citizens with Developmental Disabilities, L or short-term supports; R 41: b. determination of priority for a crisis diversion R §16109. Admission Denial or Discharge Criteria OW opportunity will be considered by OCDD for the individ A. Admission to the ROW Program shall be denied if on ual who is eligible for services and meets one of the followin e of the following criteria is met. g criteria: 1. The individual does not meet the financial eligibilit i. homeless; y requirements for the Medicaid Program. ii. at imminent risk of losing current residential pl 2. The individual does not meet the requirements for a acement; n ICF/DD level of care. iii. referred by the judicial system; 3. The individual does not meet developmental disabil iv. referred by child, adult, or elderly protective au ity system eligibility. thorities; 4. The individual is incarcerated or under the jurisdicti v. without a caregiver and cannot adequately care on of penal authorities, courts or state juvenile authorities. for self; 5. The individual resides in another state. vi. with a caregiver who can no longer provide car 6. The health and welfare of the individual cannot be a e; or ssured through the provision of ROW services. vii. whose needs cannot be met within a communit 7. The individual fails to cooperate in the eligibility de y living situation; termination process or in the development of the POC. 3. children who: 8. Repealed. a. are from birth to age 18; B. Participants shall be discharged from the ROW Progra b. reside in a nursing facility; m if any of the following conditions are determined: c. meet the high-need requirements for a nursing fa 1. loss of Medicaid financial eligibility as determined cility level of care, as well as the ROW level of care require by the Medicaid Program; ments; 2. loss of eligibility for an ICF/DD level of care; d. participate in the MFP Rebalancing Demonstratio 3. loss of developmental disability system eligibility; n; and 4. incarceration or placement under the jurisdiction of e. have parents or legal guardians who wish to trans penal authorities, courts or state juvenile authorities; ition them to a home and community-based residential servic 5. change of residence to another state; es waiver; 6. admission to an ICF/DD or nursing facility with the 4. persons who reside in a Medicaid-enrolled ICF/DD intent to stay and not to return to waiver services; and wish to transition to a home and community-based resid 7. the health and welfare of the participant cannot be a ential services waiver through a voluntary ICF/DD bed conv ssured through the provision of ROW services in accordance ersion process; with the participant’s approved POC; 5. persons who wish to transition from a supports and 8. the participant fails to cooperate in the eligibility re services center into a ROW opportunity; newal process or the implementation of the approved POC, o 6. adults in nursing facilities (NFs) who wish to transit r the responsibilities of the ROW participant; or ion to home and community-based residential services and w 9. continuity of stay for consideration of Medicaid eli ho meet the level of care (LOC) that qualifies them for ROW gibility under the special income criteria is interrupted as a r eligibility based on their RFSR protected date on a first com esult of the participant not receiving ROW services during a e, first served basis; and period of 30 consecutive days; 7. persons residing in ICFs/DD who wish to transition a. continuity of stay is not considered to be interrupt to a home and community-based residential services setting ed if the participant is admitted to a hospital, nursing facility and are eligible based on their RFSR protected date on a first or ICF/DD. come, first served basis. i. the participant shall be discharged from the RO C. The Office for Citizens with Developmental Disabiliti W if the treating physician documents that the institutional st es has the responsibility to monitor the utilization of ROW o ay will exceed 90 days. pportunities. At the discretion of OCDD, specifically allocat 10. continuity of services is interrupted as a result of th ed waiver opportunities may be reallocated to better meet the e participant not receiving ROW services during a period of needs of citizens with developmental disabilities in the State 30 consecutive days. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 of Louisiana. 254 and Title XIX of the Social Security Act. C.1. - E. Repealed. HISTORICAL NOTE: Promulgated by the Department of Heal AUTHORITY NOTE: Promulgated in accordance with R.S. 36 th and Hospitals, Office for Citizens with Developmental Disabiliti 254 and Title XIX of the Social Security Act. es, LR 33:2443 (November 2007) , amended by the Department of HISTORICAL NOTE: Promulgated by the Department of Heal Health and Hospitals, Bureau of Health Services Financing and the th and Hospitals, Office for Citizens with Developmental Office for Citizens with Developmental Disabilities, LR 41:

Louisiana Register Vol. 40, No. 12 December 20, 2014 48 Chapter 163. Covered Services all applicable vendor standards and requirement for manufac §16301. Assistive Technology and Specialized Medical Eq turing, design and installation of technological equipment an uipment and Supplies d supplies; A. Assistive technology and specialized medical equipm 2. furnish written documentation of authorization to se ent and supplies (AT/SMES) are equipment, devices, control ll, install and/or repair technological equipment and supplies s, appliances, supplies and services which enable the particip from the respective manufacturer of the designated equipme ant to: nt and supplies; and 1. have life support; 3. provide documentation of individual employees’ tra 2. address physical conditions; ining and experience with the application, use, fitting and re 3. increase ability to perform activities of daily living; pair of the equipment or devices which they propose to sell o 4. increase, maintain or improve ability to function m r repair; ore independently in the home and/or community; and a. upon completion of the work and prior to paymen 5. increase ability to perceive, control or communicate. t, the provider shall give the participant a certificate of warra B. AT/SMES services provided through the ROW includ nty for all labor and installation and all warranty certificates. e the following services: AUTHORITY NOTE: Promulgated in accordance with R.S. 36 1. evaluation of participant needs; 254 and Title XIX of the Social Security Act. 2. customization of the equipment or device; HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office for Citizens with Developmental Disabiliti 3. coordination of necessary therapies, interventions o es, LR 33:2443 (November 2007) , amended by the Department of r services; Health and Hospitals, Bureau of Health Services Financing and the 4. training or technical assistance on the use and maint Office for Citizens with Developmental Disabilities, LR 41: enance of the equipment or device for the participant or, whe §16303. Community Living Supports re appropriate, his/her family members, legal guardian or res A. Community living supports (CLS) are services provid ponsible representative; ed to assist participants to achieve and maintain the outcome 5. training or technical assistance, when appropriate, f s of increased independence, productivity and inclusion in th or professionals, other service providers, employers, or other e community by utilizing teaching and support strategies. CL individuals who are substantially involved in the participant’ S may be furnished through self-direction or through a licens s major life functions; ed, enrolled agency. 6. all service contracts and warranties included in the B. Community living supports are related to acquiring, re purchase of the item by the manufacturer; and taining and improving independence, autonomy and adaptive 7. equipment or device repair and replacement of batte skills. CLS may include the following services: ries and other items that contribute to ongoing maintenance 1. direct support services or self-help skills training fo of the equipment or device. r the performance of all the activities of daily living and self- a. Separate payment will be made for repairs after e care; xpiration of the warranty only when it is determined to be co 2. socialization skills training; st effective. a. Repealed. C. Approval of AT/SMES services through ROW is conti 3. cognitive, communication tasks, and adaptive skills ngent upon the denial of a prior authorization request for the training; and item as a Medicaid State Plan service and demonstration of t a. Repealed. he direct medical, habilitative or remedial benefit of the item 4. development of appropriate, positive behaviors. to the participant. a. - b. Repealed. 1. Items reimbursed in the ROW may be in addition to C. ... any medical equipment and supplies furnished under the Me D. Community living supports may be shared by up to th dicaid State Plan. ree recipients who may or may not live together, and who ha 1.a. - 7.Repealed. ve a common direct service provider. In order for CLS servic D. ... es to be shared, the following conditions must be met: E. Service Exclusions 1. an agreement must be reached among all involved p 1. Assistive technology devices and specialized equip articipants or their legal guardians regarding the provisions o ment and supplies that are of general utility or maintenance a f shared CLS services; nd have no direct medical or remedial benefit to the participa 2. the health and welfare of each participant must be a nt are excluded from coverage. ssured though the provision of shared services; 2. Any equipment, device, appliance or supply that is 3. services must be reflected in each participant’s appr covered and has been approved under the Medicaid State Pla oved plan of care and based on an individual-by-individual d n, Medicare or any other third party insurance is excluded fr etermination; and om coverage. 4. a shared rate must be billed. 3. For adults over the age of 20 years, specialized chai E. - E.1. ... rs, whether mobile or travel, are not covered. 2. Routine care and supervision that is normally provi F. Provider Participation Requirements. Providers of AT/ ded by the participant’s spouse or family, and services provi SMES services must meet the following participation require ded to a minor by the child’s parent or step-parent, are not co ments. The provider must: vered. 1. be enrolled in the Medicaid Program as a assistive d evices or durable medical equipment provider and must meet

49 Louisiana Register Vol. 40, No. 12 December 20, 2014 3. CLS services may not be furnished in a home that i 2. Revisions to this agreement must be facilitated by t s not leased or owned by the participant or the participant’s f he provider and approved by the support team. Revisions ma amily. y occur at the request of the participant, the companion, the 4. Participants may not live in the same house as CLS provider or other support team members. staff. 3. The provider is responsible for performing the follo 5. Room and board or maintenance, upkeep and impro wing functions which are included in the daily rate: vement of the individual’s or family’s residence is not covere a. arranging the delivery of services and providing e d. mergency services as needed; 6. Community living supports shall not be provided in b. making an initial home inspection to the participa a licensed respite care facility. nt’s home, as well as periodic home visits as required by the a. - d. Repealed. department; 7. Community living supports services are not availab c. contacting the companion a minimum of once per le to individuals receiving the following services: week or as specified in the participant’s POC; and a. Shared Living; d. providing 24-hour oversight and supervision of th b. Home Host; or e Companion Care services, including back-up for the sched c. Companion Care. uled and unscheduled absences of the companion. 8. Community living supports cannot be billed or prov 4. The provider shall facilitate a signed written agree ided for during the same hours on the same day that the parti ment between the companion and the participant. cipant is receiving the following services: a. - b. Repealed. a. day habilitation; D. Companion Responsibilities b. prevocational; 1. The companion is responsible for: c. supported employment; a. participating in and abiding by the POC; d. respite-out of home services; or b. … e. transportation-community access. c. purchasing his/her own food and personal care ite F. - F.1. ... ms. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 E. Service Limits 254 and Title XIX of the Social Security Act. 1. The provider agency must provide relief staff for sc HISTORICAL NOTE: Promulgated by the Department of Heal heduled and unscheduled absences, available for up to 360 h th and Hospitals, Office for Citizens with Developmental Disabiliti ours (15 days) as authorized by the POC. Relief staff for sch es, LR 33:2443 (November 2007) , amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the eduled and unscheduled absences is included in the provider Office for Citizens with Developmental Disabilities, LR 41: agency’s rate. §16305. Companion Care F. Service Exclusions A. Companion care services assist the recipient to achiev 1. Companion care is not available to individuals recei e and/or maintain the outcomes of increased independence, p ving the following services: roductivity and inclusion in the community. These services a a. respite care service-out of home; re designed for individuals who live independently and can b. shared living; manage their own household with limited supports. The com c. community living supports; or panion provides services in the participant’s home and lives d. host home. with the participant as a roommate. Companion care services 2. - 2.d.Repealed. may be furnished through self-direction or through a license G. ... d provider agency as outlined in the participant’s POC. This AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. service includes: HISTORICAL NOTE: Promulgated by the Department of Heal 1. providing assistance with all of the activities of dail th and Hospitals, Office for Citizens with Developmental Disabiliti y living as indicated in the participant’s POC; and es, LR 33:2444 (November 2007) , amended by the Department of 2. community integration and coordination of transpor Health and Hospitals, Bureau of Health Services Financing and the tation services, including medical appointments. Office for Citizens with Developmental Disabilities, LR 41: 3. Repealed. §16307. Day Habilitation Services B. Companion care services can be arranged by licensed A. Day habilitation services are aimed at developing acti providers who hire companions, or services can be self-direc vities and/or skills acquisition to support or further communi ted by the participant. The companion is a principal care pro ty integration opportunities outside of an individual’s home. vider who is at least 18 years of age who lives with the partic These activities shall promote independence, autonomy and ipant as a roommate and provides services in the participant’ assist the participant with developing a full life in his comm s home. unity. The primary focus of Day Habilitation services is acqu 1. - 2. Repealed. isition of new skills or maintenance of existing skills based o C. Provider Responsibilities n individualized preferences and goals. 1. The provider organization shall develop a written a 1. The skill acquisition and maintenance activities sho greement as part of the participant’s POC which defines all o uld include formal strategies for teaching the individualized f the shared responsibilities between the companion and the skills and include the intended outcome for the participant. participant. The written agreement shall include, but is not li 2. … mited to: a. - c. …

Louisiana Register Vol. 40, No. 12 December 20, 2014 50 3. As an individual develops new skills, training shoul 1. diagnostic services; d progress along a continuum of habilitation services offered 2. preventative services; toward greater independence and self-reliance. 3. restorative services; B. Day habilitation services shall: 4. endodontic services; 1. focus on enabling participants to attain maximum s 5. periodontal services; kills; 6. removable prosthodontics services; 2. be coordinated with any physical, occupational or s 7. maxillofacial prosthetics services; peech therapies included in the participant’s POC; 8. fixed prosthodontics services; 3. - 4. … 9. oral and maxillofacial surgery a. services are based on a one-half day unit of servi 10. orthodontic services; and ce and on time spent at the service site by the participant; 11. adjunctive general services. b. the one-half day unit of service requires a minim B. Service Exclusion. Participants must first access denta um of 2.5 hours; l services covered under the Medicaid State Plan before utili c. two one-half day units may be billed if the partici zing dental services through the Residential Options Waiver. pant spends a minimum of 5 hours at the service site; C. Provider Qualifications. Providers must have a curren d. any time less than 2.5 hours of services is not bill t, valid license to provide dental services from the Louisiana able or payable; and State Board of Examiners for Dentistry for the specific denta e. no rounding up of hours is allowed. l services in all specialty areas provided to the participant. C. The provider is responsible for all transportation from AUTHORITY NOTE: Promulgated in accordance with R.S. 36 the agency to all work sites related to the provision of servic 254 and Title XIX of the Social Security Act. e. HISTORICAL NOTE: Promulgated by the Department of Heal 1. Transportation to and from the service site is offere th and Hospitals, Office for Citizens with Developmental Disabiliti es, LR 33:2445 (November 2007), amended by the Department of d and billable as a component of the day habilitation service; Health and Hospitals, Bureau of Health Services Financing and the however, transportation is payable only when a Day Habilita Office for Citizens with Developmental Disabilities, LR 41: tion service is provided on the same day. §16311. Environmental Accessibility Adaptations 2. - 4.c.Repealed. A. Environmental accessibility adaptations are physical a D. Participants may receive more than one type of vocati daptations to the participant’s home or vehicle which must b onal/habilitative service per day as long as the service and bi e specified in the POC as necessary to enable the participant lling criteria are followed and as long as requirements for the to integrate more fully into the community and to ensure his/ minimum time spent on site are adhered to. her health, welfare and safety. E. Service Exclusions 1. Reimbursement shall not be paid until receipt of wr 1. Time spent traveling to and from the day habilitatio itten documentation that the job has been completed to the sa n program site shall not be included in the calculation of the tisfaction of the participant. total number of day habilitation service hours provided per d B. Environmental adaptation services to the home and ve ay. hicle include the following: a. Travel training for the purpose of teaching the pa 1. assessments to determine the types of modifications rticipant to use transportation services may be included in de that are needed; termining the total number of service hours provided per day, 2. training the participant and appropriate direct care s but only for the period of time specified in the POC. taff in the use and maintenance of devices, controls, applianc 2. Transportation-community access will not be used t es and related items; o transport ROW participants to any day habilitation services. 3. repair of all equipment and/or devices, including re 3. Day habilitation services cannot be billed or provid placement of batteries and other items that contribute to the ed during the same hours on the same day as any of the follo ongoing maintenance of the adaptation(s); and wing services: 4. all service contracts and warranties which the manu a. community living supports; facturer includes in the purchase of the item. b. professional services, except those direct contacts C. In order to accommodate the medical equipment and s needed to develop a behavioral management plan or any oth upplies necessary to assure the welfare of the participant, ho er type of specialized assessment/plan; or me accessibility adaptations may include the following: c. respite care servicesout of home. 1. installation of ramps and grab-bars; F. Provider Qualifications. Providers must be licensed as 2. widening of doorways; an adult day care agency. 3. modification of bathroom facilities; or AUTHORITY NOTE: Promulgated in accordance with R.S. 36 4. installation of specialized electric and plumbing sys 254 and Title XIX of the Social Security Act. tems. HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office for Citizens with Developmental Disabiliti D. Home accessibility adaptations may be applied to rent es, LR 33:2445 (November 2007), amended by the Department of al or leased property only under the following conditions: Health and Hospitals, Bureau of Health Services Financing and the 1. the participant is renting or leasing the property; an Office for Citizens with Developmental Disabilities, LR 41: d §16309. Dental Services 2. written approval is obtained from the landlord and A. Dental services are available to adult participants over OCDD. the age of 21 as a component of the ROW. Covered dental se E. - F.4.g. ... rvices include:

51 Louisiana Register Vol. 40, No. 12 December 20, 2014 5. Home modifications shall not be paid for in the foll Health and Hospitals, Bureau of Health Services Financing and the owing residential services: Office for Citizens with Developmental Disabilities, LR 41: a. Host Home; or §16313. Host Home b. Shared Living settings which are provider owned A. Host home services assist participants in meeting their or leased. basic adaptive living needs and offer direct support where re G. Vehicle adaptations are modifications to an automobil quired. Participants are afforded a welcoming, safe and nurtu e or van that is the waiver participant’s primary means of tra ring family atmosphere in a family home environment in whi nsportation in order to accommodate his/her special needs. . ch the participant may receive supports, services and training 1. The modifications may include the installation of a in accordance with the POC. Host home services take into ac lift or other adaptations to make the vehicle accessible to the count compatibility, including individual interests, age, need participant or for him/her to drive. s for privacy, supervision and support needs. These services 2. Repealed. are provided in a private home by a contractor of the host ho H. Service Exclusions for Vehicle Adaptations me agency who lives in the home, and either rents or owns t 1. Payment will not be made to: he residence. The contractor utilizes specific teaching strateg a. adapt vehicles that are owned or leased by paid c ies to encourage independence and autonomy when required aregivers or providers of waiver services, or as a part of the participant’s POC. b. to purchase or lease a vehicle. 1. Repealed. 2. - 4. ... B. Host home services include: I. Provider Responsibilities 1. assistance with the activities of daily living sand ad 1. The environmental accessibility adaptation(s) must aptive living needs; be delivered, installed, operational and reimbursed in the PO 2. assistance to develop leisure interests and daily acti C year in which it was approved. vities in the home setting; a. - b. Repealed. 3. assistance to develop relationships with other mem 2. A written itemized detailed bid, including drawings bers of the household; with the dimensions of the existing and proposed floor plans 4. supports in accessing community services, activitie relating to the modifications, must be obtained and submitte s and pursuing and developing recreational and social interes d for prior authorization. ts outside the home; and a. Repealed. 5. teaching community living skills to achieve particip 3. Vehicle modifications must meet all applicable stan ant’s goals concerning community and social life as well as t dards of manufacture, design and installation for all adaptati o maintain contacts with biological families and natural supp ons to the vehicle. orts. 4. Upon completion of the work and prior to payment, C. Host home provider agencies oversee and monitor the the provider shall give the participant a certificate of warrant Host home contractor to ensure the availability, quality, and y for all labor and installation and all warranty certificates fr continuity of services as specified in the ROW manual. Host om manufacturers. home provider agencies are responsible for the following fun J. Provider Qualifications. In order to participate in the ctions: Medicaid Program, providers must meet the following qualif 1. arranging for a host home; ications. 2. making an initial and periodic inspections of the ho 1. Providers of environmental accessibility adaptation st home; and s for the home must be registered through the Louisiana Stat 3. providing 24-hour oversight and supervision of Hos e Licensing Board for Contractors as a home improvement c t Home services including providing emergency services and ontractor. back-up for the scheduled and nonscheduled absences of the a. In addition, these providers must: contractor; i. meet the applicable state and/or local requirem a. Repealed. ents governing their licensure or certification; and D. Host Home contractors are responsible for: ii. comply with the applicable state and local buil 1. assisting with the development of the participant’s ding or housing code standards governing home modificatio POC and complying with the provisions of the plan; ns. 2. maintaining and providing data to assist in the eval b. The individuals performing the actual service (bu uation of the participant’s personal goals ilding contractors, plumbers, electricians, carpenters, etc.) m ust also comply with the applicable state and/or local require ments governing individual licensure or certification. 2. Providers of environmental accessibility adaptation s to vehicles must be licensed by the Louisiana Motor Vehicl e Commission as a specialty vehicle dealer and accredited by the National Mobility Equipment Dealers Association under the Structural Vehicle Modifier category. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office for Citizens with Developmental Disabiliti es, LR 33:2446 (November 2007) , amended by the Department of

Louisiana Register Vol. 40, No. 12 December 20, 2014 52 3. maintaining adequate records to substantiate service 1. The services require an individual nursing service p delivery and producing such records upon request; lan and must be included in the plan of care. 4. undergoing any specialized training deemed necess 2. The nurse must submit updates of any changes to th ary by the provider agency, or required by the department, to e individual’s needs and/or the physician’s orders to the supp provide supports in the Host Home setting; and ort coordinator every 60 days. 5. immediately reporting to the department and applic 3. Repealed. able authorities any major issues or concerns related to the p B. Nursing consulting services include assessments and articipant’s safety and well-being. health related training and education for participants and car 6. - 10. Repealed. egivers. E. ... 1. - 2. ... F. Host home contractors serving adults are required to b 3. The health related training and education service is e available for daily supervision, support needs or emergenci the only nursing service which can be provided to more than es as outlined in the adult participant’s POC based on medic one participant simultaneously. The cost of the service is allo al, health and behavioral needs, age, capabilities and any spe cated equally among all participants. cial needs. C. Service Requirement. Participants over the age of 21 1. - I.1. ... years must first exhaust all available nursing visits provided 2. Separate payment will not be made for the followin under the Medicaid State Plan prior to receiving services thr g residential service models if the participant is receiving Ho ough the waiver program. st home services: D. Provider Qualifications a. - 3. … 1. In order to participate in the Medicaid Program, the J. Provider Qualifications provider agency must possess a current, valid license as a ho 1. All agencies must: me health agency or, if under the ROW shared living conver a. have experience in delivering therapeutic service sion model, be an enrolled shared living services agency wit s to persons with developmental disabilities; h a current, valid license as a supervised independent living b. have staff who have experience working with per agency. sons with developmental disabilities; E. Staffing Requirements c. screen, train, oversee and provide technical assist 1. ... ance to the host home contractors in accordance with OCDD 2. The RN or the LPN must possess one year of servic requirements, including the coordination of an array of medi e delivery experience to persons with developmental disabili cal, behavioral and other professional services appropriate fo ties defined under the following criteria: r persons with developmental disabilities; and a. full-time experience gained in advanced and accr d. provide on-going assistance to the host home con edited training programs (i.e. masters or residency level train tractors so that all HCBS requirements are met. ing programs), which includes treatment services for persons 2. Agencies serving children must be licensed by the with developmental disabilities; Department of Children and Family Services as a Class “A” b. paid, full-time nursing experience in specialized s Child Placing Agency. ervice/treatment settings for persons with developmental dis 3. Agencies serving adults must be licensed by the De abilities (i.e. intermediate care facilities for persons with dev partment of Health and Hospitals as a provider of Substitute elopmental disabilities; Family Care services. c. paid, full-time nursing experience in multi-discipl AUTHORITY NOTE: Promulgated in accordance with R.S. 36 inary programs for persons with developmental disabilities (i. 254 and Title XIX of the Social Security Act. e. mental health treatment programs for persons with dual di HISTORICAL NOTE: Promulgated by the Department of Heal agnosis - mental illness and developmental disabilities); or th and Hospitals, Office for Citizens with Developmental Disabiliti d. paid, full-time nursing experience in specialized es, LR 33:2447 (November 2007) , amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the educational, vocational and therapeutic programs or settings Office for Citizens with Developmental Disabilities, LR 41: for persons with developmental disabilities (i.e. school speci §16315. Intensive Community Supports al education program). Repealed. 3. Two years of part-time experience with a minimum AUTHORITY NOTE: Promulgated in accordance with R.S. 36 of 20 hours per week may be substituted for one year of full- 254 and Title XIX of the Social Security Act. time experience. HISTORICAL NOTE: Promulgated by the Department of Heal 4. The following activities do not qualify for the requi th and Hospitals, Office for Citizens with Developmental Disabiliti red experience: es, LR 33:2448 (November 2007), repealed by the Department of H a. volunteer nursing experience; or ealth and Hospitals, Bureau of Health Services Financing and the O b. experience gained by caring for a relative or frien ffice for Citizens with Developmental Disabilities, LR 41: d with developmental disabilities. §16317. Nursing Services AUTHORITY NOTE: Promulgated in accordance with R.S. 36 A. Nursing services are medically necessary services ord 254 and Title XIX of the Social Security Act. ered by a physician and provided by a licensed registered nu HISTORICAL NOTE: Promulgated by the Department of Heal rse or a licensed practical nurse within the scope of the State’ th and Hospitals, Office for Citizens with Developmental Disabiliti s Nurse Practice Act. Nursing services provided in the ROW es, LR 33:2449 (November 2007), amended by the Department of are an extension of nursing services provided through the Ho Health and Hospitals, Bureau of Health Services Financing and the me Health Program covered under the Medicaid State Plan. Office for Citizens with Developmental Disabilities, LR 41:

53 Louisiana Register Vol. 40, No. 12 December 20, 2014 §16319. One Time Transitional Services E. Provider Qualifications A. One time transitional services are one-time, set-up ser 1. The provider must be authorized by the manufactur vices to assist individuals in making the transition from an I er to install and maintain equipment for personal emergency CF/DD to their own home or apartment in the community of response systems. their choice. 2. The provider shall be in compliance with all applica 1. - 1.d.iii. Repealed. ble federal, state, and local regulations governing the operati B. Allowable transitional expenses may include: on of personal emergency response systems including staffin 1. nonrefundable security deposits that do not include g requirements for the response center. rental payments; AUTHORITY NOTE: Promulgated in accordance with R.S. 36 2. set up fees for utilities; 254 and Title XIX of the Social Security Act. 3. essential furnishings to establish basic living arrang HISTORICAL NOTE: Promulgated by the Department of Heal ements, including: th and Hospitals, Office for Citizens with Developmental Disabiliti es, LR 33:2249 (November 2007), amended by the Department of a. bedroom and living room furniture; Health and Hospitals, Bureau of Health Services Financing and the b. table and chairs; Office for Citizens with Developmental Disabilities, LR 41: c. window blinds; and §16323. Prevocational Services d. food preparation items and eating utensils; A. Prevocational Services are activities designed to assist 4. set-up/deposit fee for telephone service; participants in acquiring and maintaining basic work-related 5. moving expenses; and skills necessary to acquire and retain meaningful employmen 6. health and safety assurances including: t. Services should include real and simulated employment tas a. pest eradication; or ks to assist in determining their vocational potential. Overall b. one-time cleaning prior to occupancy. goals include regular community inclusion and development C. Service Limits of work skills and habits to improve the participant’s employ 1. One time transitional expenses are capped at $3,000 ability. Services must be reflective of the participant’s POC a per person over a participant’s lifetime. nd focused toward habilitation rather than teaching a specific D. Service Exclusions job skill. 1. One time transitional services may not be used to p 1. - 2.b.... ay for: B. In the event participants are compensated while receiv a. housing, rent or refundable security deposits; or ing prevocational services, the compensation must be in acco b. furnishings or setting up living arrangements that rdance with the United States Fair Labor Standards Act of 19 are owned or leased by a waiver provider. 85. 2. One time transitional services are not available to p 1. If participants are paid in excess of 50 percent of th articipants who are receiving host home services. e minimum wage, the provider must, at a minimum: 3. One time transitional services are not available to p a. - c. ... articipants who are moving into a family member’s home. C. The provider is responsible for all transportation from E. ... the agency to all vocational sites related to provision of servi AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ces. 254 and Title XIX of the Social Security Act. 1. Travel training may be included in determining the HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office for Citizens with Developmental Disabiliti number of hours of services provided per day for the period es, LR 33:2449 (November 2007), amended by the Department of of time specified in the participant’s POC. Health and Hospitals, Bureau of Health Services Financing and the a. Repealed. Office for Citizens with Developmental Disabilities, LR 41: D. Service Limits §16321. Personal Emergency Response System (PERS) 1. Services shall be limited to no more than eight hour A. Personal emergency response system (PERS) is a syst s per day, five days per week. em connected to the participant’s telephone that incorporates 2. Services are based on a one-half day unit of service an electronic device which enables the participant to secure and time spent at the service site by the participant. help in an emergency. The device can be worn as a portable a. the one-half day unit of service requires a minim “help” button and when activated, a response center is conta um of 2.5 hours at the service site by the participant; cted. b. two one-half day units may be billed in one day if B. Participant Qualifications. PERS services are availabl the participant spends a minimum of 5 hours at the service si e to individuals who: te; 1. … c. any time less than 2.5 hours of service is not billa 2. are unable to use other communication systems due ble or payable; and to experiencing difficulty in summoning emergency assistan d. no rounding up of hours is allowed. ce; or 3. Participants may receive more than one vocational/ 3. … habilitative service per day as long as the billing criteria are f C. PERS services includes rental of the electronic device, ollowed for each service and the requirements for the minim initial installation, training the participant to use the equipm um time spent on site are adhered to. ent, and monthly maintenance fees. a. - 5.a. Repealed. D. Service Exclusions 1. Separate payment will not be made for shared livin g services.

Louisiana Register Vol. 40, No. 12 December 20, 2014 54 E. Service Exclusions munity-based services, including the development, impleme 1. Prevocational Services are not available to participa ntation, monitoring, and modification of behavioral support nts who are eligible to participate in programs funded under plans; the Rehabilitation Act of 1973 or the Individuals with Disabi a. Repealed. lities Education Act. 4. provide consultative services and recommendations; 2. Multiple vocational/habilitative services cannot be 5. provide necessary information to the participant, fa provided or billed for during the same hours on the same day mily, caregivers, and/or team to assist in planning and imple as the following services: menting services or treatment; a. community living supports; 6. provide caregiver counseling for the participant’s n b. professional services, except those direct contacts atural, adoptive, foster, or host family members in order to d needed to develop a behavioral management plan or other ty evelop and maintain healthy, stable relationships among all c pe of specialized assessment/plan; or aregivers, including family members, to support meeting the c. respite care servicesout of home. needs of the participant; 3. Transportation to and from the service site is only a. emphasis is placed on the acquisition of coping s payable when a vocational/habilitative service is provided on kills by building upon family strengths; and the same day. b. services are intended to maximize the emotional 4. Time spent in traveling to and from the prevocation and social adjustment and well-being of the individual, famil al program site shall not be included in the calculation of the y, and caregiver; and total number of service hours provided per day. 7. provide nutritional services, including dietary evalu a. During travel training, providers must not also bil ation and consultation with individuals or their care provider. l for the transportation component as this is included in the r a. Services are intended to maximize the individual’ ate for the number of service hours provided. s nutritional health. 5. Transportation-community access shall not be used NOTE: Psychologists and social workers will provide supports and services consistent with person-centered practices and to transport ROW participants to any prevocational Services. Guidelines for Support Planning. F. Provider Qualifications. Providers must have a curren D. Service Exclusions t, valid license as an adult day care center. 1. Professional services may only be furnished and rei AUTHORITY NOTE: Promulgated in accordance with R.S. 36 mbursed through ROW when the services are medically nece 254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal ssary, or have habilitative or remedial benefit to the participa th and Hospitals, Office for Citizens with Developmental Disabiliti nt. es, LR 33:2450 (November 2007), amended by the Department of a. Repealed. Health and Hospitals, Bureau of Health Services Financing and the 2. Recipients who are participating in ROW and are u Office for Citizens with Developmental Disabilities, LR 41: p to the age of 21 must access these services through the Ear §16325. Professional Services ly and Periodic Screening, Diagnosis and Treatment (EPSD A. Professional services are direct services to participant T) Program. s, based on need, that may be utilized to increase the individ a. - d. Repealed. ual’s independence, participation and productivity in the ho E. Provider Qualifications me, work and community. Service intensity, frequency and d 1. Enrollment of individual practitioners. Individual pr uration will be determined by individual need. Professional s actitioners who enroll as providers of professional services ervices must be delivered with the participant present and in must: accordance with approved POC. a. have a current, valid license from the appropriate 1. - 8.a.Repealed. governing board of Louisiana for that profession; and B. Professional services include the services provided by b. possess one year of service delivery experience w the following licensed professionals: ith persons with developmental disabilities. 1. occupational therapist; c. In addition, the specific service delivered must be 2. physical therapist; consistent with the scope of the license held by the professio 3. speech therapist; nal. 4. registered dietician; 2. Provider agency enrollment of professional services. 5. social worker; and a. The following provider agencies may enroll to pr 6. psychologist. ovide professional services: C. Professional services may be utilized to: i. a Medicare certified free-standing rehabilitatio 1. perform assessments and/or re-assessments specific n center; to professional disciplines to accomplish the desired outcom ii. a licensed home health agency; es for the participant and to provide recommendations, treat iii. a supervised independent living agency license ment, and follow-up; d by the department to provide shared living services; or a. - b. Repealed. 2. provide training or therapy to a participant and/or n atural and formal supports necessary to either develop critica l skills that may be self-managed by the participant or maint ained according to the participant’s needs; 3. intervene in and stabilize a crisis situation (behavior al or medical) that could result in the loss of home and com

55 Louisiana Register Vol. 40, No. 12 December 20, 2014 iv. a substitute family care agency licensed by the B. Service Limits department to provide host home services. 1. Respite care services are limited to 720 hours per p b. Enrolled provider agencies may provide professi articipant per POC year. onal services by one of the following methods: 2. Requests for an extension of the service limit are su i. employing the professionals; or bject to the department’s established approval process and re ii. contracting with the professionals. quire proper justification and documentation. c. Provider agencies are required to verify that all pr C. Service Exclusions ofessionals employed by or contracted with their agency me 1. … et the same qualifications required for individual practitioner 2. Respite care servicesout of home may not be bill s as stated in §16325.E.1.a-c. ed for participants receiving the following services: 3. All professionals delivering professional services m a. shared living; ust meet the required one year of service delivery experience b. companion care; or as defined by the following: c. host home. a. full-time experience gained in advanced and accr d. Repealed. edited training programs (i.e. master’s or residency level trai D. Provider Qualifications. The provider must possess a ning programs), which includes treatment services for perso current, valid license as a respite care center issued by the de ns with developmental disabilities; partment. b. paid, full-time experience in specialized service/t AUTHORITY NOTE: Promulgated in accordance with R.S. 36 reatment settings for persons with developmental disabilities 254 and Title XIX of the Social Security Act. (i.e. ICFs/DD); HISTORICAL NOTE: Promulgated by the Department of Heal c. paid, full-time experience multi-disciplinary prog th and Hospitals, Office for Citizens with Developmental Disabiliti rams for persons with developmental disabilities (i.e. mental es, LR 33:2451 (November 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the health treatment programs for persons with dual diagnosis-m Office for Citizens with Developmental Disabilities, LR 41: ental illness and developmental disability); or §16329. Shared Living Services d. paid, full-time experience in specialized educatio A. Shared living services assist the participant in acquiri nal, vocational, and therapeutic programs or settings for pers ng, retaining and improving the self-care, adaptive and leisur ons with developmental disabilities (i.e. school special educa e skills needed to reside successfully in a shared home settin tion program). g within the community. Services are chosen by the participa e. Two years of part-time experience with a minimu nt and developed in accordance with his/her goals and wishe m of 20 hours per week of the qualifying work experience ac s with regard to compatibility, interests, age and privacy in t tivities may be substituted for one year of full-time experien he shared living setting. ce. 1. A shared living services provider delivers supports 4. The following activities do not qualify for the profe which include: ssional’s required service delivery experience: a. 24-hour staff availability; a. volunteer experience; or b. assistance with activities of daily living included b. experience gained by caring for a relative or frien in the participant’s POC; d with developmental disabilities. c. a daily schedule; AUTHORITY NOTE: Promulgated in accordance with R.S. 36 d. health and welfare needs; 254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal e. transportation; th and Hospitals, Office for Citizens with Developmental Disabiliti f. any non-residential ROW services delivered by t es, LR 33:2450 (November 2007), amended by the Department of he Shared Living services provider; and Health and Hospitals, Bureau of Health Services Financing and the g. other responsibilities as required in each participa Office for Citizens with Developmental Disabilities, LR 41: nt’s POC. §16327. Respite Care ServicesOut of Home 2. - 3. Repealed. A. Respite care services–out of home are supports and se B. An ICF/DD may elect to permanently relinquish its I rvices provided for the relief of those unpaid caregivers who CF/DD license and all of its Medicaid Facility Need Review normally provide care to participants who are unable to care approved beds from the total number of Certificate of Need for themselves. These services are furnished on a short-term (CON) beds for that home and convert it into a shared living basis in a licensed respite care center. waiver home or in combination with other ROW residential 1. A licensed respite care facility shall insure that com options as deemed appropriate in the approved conversion a munity activities are available to the participant in accordanc greement. e with the approved POC, including transportation to and fro 1. In order to convert, provider request must be appro m these activities. ved by the department and by OCDD. a. … 2. ICF/DD residents who choose transition to a shared 2. While receiving respite care services, the participan living waiver home must also agree to conversion of their re t’s routine is maintained in order to attend school, school acti sidence. vities, or other community activities that he/she would typica 3. If choosing ROW services, persons may select any lly participate in if not in the center-based respite facility. ROW services and provider(s) based upon freedom of choice.

Louisiana Register Vol. 40, No. 12 December 20, 2014 56 C. Shared Living Options AUTHORITY NOTE: Promulgated in accordance with R.S. 36 1. Shared Living Conversion Option. The shared livin 254 and Title XIX of the Social Security Act. g conversion option is only allowed for providers of homes HISTORICAL NOTE: Promulgated by the Department of Heal which were previously licensed and Medicaid certified as an th and Hospitals, Office for Citizens with Developmental Disabiliti es, LR 33:2452 (November 2007), amended by the Department of ICF/DD for up to a maximum of eight licensed and Medicai Health and Hospitals, Bureau of Health Services Financing and the d-funded beds on October 1, 2009. Office for Citizens with Developmental Disabilities, LR 41: a. The number of participants for the shared living c §16331. Specialized Medical Equipment and Supplies onversion option shall not exceed the licensed and Medicai Repealed. d-funded bed capacity of the ICF/DD on October 1, 2009, or AUTHORITY NOTE: Promulgated in accordance with R.S. 36 up to six individuals, whichever is less. 254 and Title XIX of the Social Security Act. b. The ICF/DD used for the shared living conversio HISTORICAL NOTE: Promulgated by the Department of Heal n option must meet the department’s operational, programmi th and Hospitals, Office for Citizens with Developmental Disabiliti ng and quality assurances of health and safety for all particip es, LR 33:2452 (November 2007), repealed by the Department of H ants. ealth and Hospitals, Bureau of Health Services Financing and the O c. The provider of shared living services is responsi ffice for Citizens with Developmental Disabilities, LR 41: ble for the overall assurances of health and safety for all part §16333. Support Coordination icipants. A. Support coordination services are provided to all RO d. The provider of shared living conversion option W participants to assist them in gaining access to needed wai may provide nursing services and professional services to pa ver services, Medicaid State Plan services, as well as needed rticipants utilizing this residential services option. medical, social, educational and other services, regardless of 2. Shared Living Non-Conversion (New) Option. The the funding source for the services. Support coordinators pro shared living non-conversion option is allowed only for new vide information and assistance to waiver participants by dir or existing ICF/DD providers to establish a shared living wai ecting and managing their services in compliance with the ru ver home for up to a maximum of three individuals. les and regulations governing case management services. a. The shared living waiver home must be located s 1. Support coordinators shall be responsible for ongoi eparate and apart from any ICF/DD. ng monitoring of the provision of services included in the pa b. The shared living waiver home must be either a h rticipant’s approved POC. ome owned or leased by the waiver participants or a home o 2. Support coordinators shall also participate in the ev wned or leased and operated by a licensed shared living prov aluation and re-evaluation of the participant’s POC. ider. B. Support coordinators are responsible for providing ass c. The shared living waiver home must meet depart istance to participants who choose the self-direction option ment’s operational, programming and quality assurances for with their review of the Self-Direction Employer Handbook home and community-based services. and for being available to these participants for on-going sup d. The shared living provider is responsible for the port and help with carrying out their employer responsibilitie overall assurances of health and safety for all participants. s. D. Service Exclusions C. Provider Qualifications. Providers must have a curren 1. ... t, valid license as a case management agency and meet all ot 2. Payments shall not be made for environmental acce her requirements for targeted case management services as s ssibility adaptations when the provider owns or leases the res et forth in LAC 50:XV.Chapter 105 and the Medicaid Target idence. ed Case Management Manual. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 3. Participants may receive one-time transitional servi 254 and Title XIX of the Social Security Act. ces only if the participant owns or leases the home and the se HISTORICAL NOTE: Promulgated by the Department of Heal rvice provider is not the owner or landlord of the home. th and Hospitals, Office for Citizens with Developmental Disabiliti a. - d. Repealed. es, LR 33:2453 (November 2007), amended by the Department of 4. MFP participants cannot participate in ROW shared Health and Hospitals, Bureau of Health Services Financing and the living services which serve more than four persons in a singl Office for Citizens with Developmental Disabilities, LR 41: e residence. §16335. Supported Employment 5. Transportation-community access services cannot b A. Supported employment provides assistance in an integ e billed or provided for participants receiving shared living s rated work setting to assist in the achievement and attainmen ervices, as this is a component of shared living services. t of work related skills and includes on-going support to mai 6. The following services are not available to participa ntain employment. nts receiving shared living services: 1. - 3. Repealed. a. community living supports; B. Supported employment services include: b. respite care services; 1. … c. companion care; 2. services that assist a participant to develop and oper d. host home; or ate a micro-enterprise; e. personal emergency response system. a. This service consists of: E. Provider Qualifications. Providers must be approved by the department and have a current, valid license as a supe rvised independent living agency.

57 Louisiana Register Vol. 40, No. 12 December 20, 2014 i. assisting the participant to identify potential bu AUTHORITY NOTE: Promulgated in accordance with R.S. 36 siness opportunities; 254 and Title XIX of the Social Security Act. ii. … HISTORICAL NOTE: Promulgated by the Department of Heal iii. identification of the supports that are necessary th and Hospitals, Office for Citizens with Developmental Disabiliti es, LR 33:2453 (November 2007), amended by the Department of in order for the participant to operate the business; and Health and Hospitals, Bureau of Health Services Financing and the iv. … Office for Citizens with Developmental Disabilities, LR 41: 3. enclave services which is an employment situation i §16337. Transportation-Community Access n competitive employment in which a group of eight or fewe A. Transportation-community access services enable part r workers with disabilities are working at a particular work s icipants to gain access to waiver and other community servic etting. The workers with disabilities may be disbursed throu es, activities and resources. These services are necessary to i ghout the company and among workers without disabilities o ncrease independence, productivity, community inclusion an r congregated as a group in one part of the business; d to support self-directed employees benefits as outlined in t 4. mobile work crews which is a group of eight or few he participant’s POC. Transportation-community access serv er workers with disabilities who perform work in a variety of ices shall be offered as documented in the participant’s appro locations under the supervision of a permanent employment ved POC. specialist (job coach/supervisor); and 1. The participant must be present to receive this servi 5. all transportation from the agency to all work sites r ce. elated to provision of the service. The provider is responsible 2. Whenever possible, the participant must utilize the for furnishing the transportation. following resources for transportation: C. Service Limits a. - b. ... 1. The required minimum number of service hours per B. Service Limits day per participant is as follows for: 1. Community access trips are limited to three per day a. individual placement services, the minimum is on and must be arranged for geographic efficiency. e hour; 2. Greater than three trips per day require approval fro b. services that assist a participant to develop and o m the department or its designee. perate a micro-enterprise, the minimum is one hour; a. Repealed. c. an enclave, the minimum is 2.5 hours; and C. Service Exclusions d. a mobile work crew, the minimum is 2.5 hours. 1. Transportation services offered through ROW shall 2. Two half-day units may be billed if the participant s not replace the medical transportation services covered unde pends a minimum of five hours at the service site. r the Medicaid State Plan or transportation services provided 3. Participants may receive more than one vocational as a means to get to and from school. or habilitative service per day as long as the service and billi 2. Separate payment will not be made for transportatio ng requirements for each service are met. n-community access and the following services: 4. Transportation to and from the service site is offere a. shared living services; or d and billable as a component of the support employment ser b. community living services. vice; however, transportation is payable only when a support 3. Transportation-community access will not be used t ed employment service is provided on the same day. o transport participants to day habilitation, pre-vocational, or D. Service Exclusions supported employment services. 1. ... D. Provider Qualifications. Friends and family members 2. Any time less than one hour for individual placeme who furnish transportation-community access services to wa nt and micro-enterprise is not billable or payable. iver participants must be enrolled as Medicaid friends and fa 3. - 3.c.... mily transportation providers. 4. Any time less than 2.5 hours for enclaves and mobil 1. In order to receive reimbursement for transporting e crews is not billable or payable. Medicaid recipients to waiver services, family and friends m 5. ... ust maintain: a. Travel training for the purpose of teaching the rec a. the state minimum automobile liability insurance ipient how to use transportation services may be included in coverage; determining the total service numbers hours provided per da b. a current state inspection sticker; and y, but only for the period of time specified in the POC. c. a current valid driver’s license. 6. - 6.c.... 2. No special inspection by the Medicaid agency will 7. Services are not available to individuals who are eli be conducted. gible to participate in programs funded under the Rehabilitat a. - b. Repealed. ion Act of 1973 or the Individuals with Disabilities Educatio 3. Documentation of compliance with the three listed r n Act. equirements for this class of provider must be submitted whe 8. No rounding up of hours is allowed. n enrollment in the Medicaid agency is sought. Acceptable d E. Provider Qualifications. In order to enroll in the Medi ocumentation shall be the signed statement of the individual caid Program, providers must have a compliance certificate f enrolling for payment that all three requirements are met. rom the Louisiana Rehabilitation Services as a community re a. The statement must also have the signature of tw habilitation program or a current, valid license as an Adult D o witnesses. ay Care Center. 4. Family and friends transportation providers are limi ted to transporting up to three specific waiver participants.

Louisiana Register Vol. 40, No. 12 December 20, 2014 58 E. Vehicle Requirements. All vehicles utilized by for pro 2. Involuntary termination. The department may termi fit and non-profit transportation services providers for transp nate the self-direction service option for a participant and req orting waiver recipients must comply with all of the applicab uire him to receive provider-managed services under the foll le state laws and regulations and are subject to inspection by owing circumstances: the department or its designee. a. the health or welfare of the participant is compro 1. - G. Repealed. mised by continued participation in the self-direction service AUTHORITY NOTE: Promulgated in accordance with R.S. 36 option; 254 and Title XIX of the Social Security Act. b. the participant is no longer able to direct his own HISTORICAL NOTE: Promulgated by the Department of Heal care and there is no responsible representative to direct the c th and Hospitals, Office for Citizens with Developmental Disabiliti are; es, LR 33:2454 (November 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the c. there is misuse of public funds by the participant Office for Citizens with Developmental Disabilities, LR 41: or the authorized representative; or Chapter 165. Self-Direction Initiative d. over three payment cycles in the period of a year, §16501. Self-Direction Service Option the participant or authorized representative: A. The self-direction initiative is a voluntary, self-determ i. … ination option which allows the waiver participant to coordin ii. fails to follow the Personal Purchasing Plan an ate the delivery of designated ROW services through an indi d the POC; vidual direct support professional rather than through a licen C.2.d.iii. - D. … sed, enrolled provider agency. Selection of this option requir E. Relief coverage for scheduled or unscheduled absence es that the recipient utilize a payment mechanism approved b s, which are not classified as respite care services, can be co y the department to manage the required fiscal functions that vered by other participant-directed providers and the terms c are usually handled by a provider agency. an be part of the agreement between the participant and the p B. Recipient Responsibilities. Waiver participants choosi rimary Companion Care provider. ng the self-direction service option must understand the right AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. s, risks and responsibilities of managing their own care and i HISTORICAL NOTE: Promulgated by the Department of Heal ndividual budget. If the participant is unable to make decisio th and Hospitals, Office for Citizens with Developmental Disabiliti ns independently, he must have an authorized representative es, LR 33:2455 (November 2007), amended by the Department of who understands the rights, risks and responsibilities of man Health and Hospitals, Bureau of Health Services Financing and the aging his care and supports within his individual budget. Res Office for Citizens with Developmental Disabilities, LR 41: ponsibilities of the participant or authorized representative in Chapter 167. Provider Participation clude: §16701. General Provisions 1. - 2. … A. … a. Participants must adhere to the health and welfar 1. meet all of the requirements for licensure and the st e safeguards identified by the support team, including: andards for participation in the Medicaid Program as a home i. … and community-based services provider in accordance with s ii. compliance with the requirement that employee tate laws and the rules promulgated by the department; s under this option must have criminal background checks pr 2. comply with the regulations and requirements speci ior to working with waiver participants; fied in LAC 50:XXI, Subparts 1 and 13 and the ROW provid 3. … er manual; a. This annual budget is determined by the recomm 3. comply with all of the state laws and regulations for ended service hours listed in the participant’s POC to meet h conducting business in Louisiana, and when applicable, with is needs. the state requirements for designation as a non-profit organiz b. The participant’s individual budget includes a pot ation; and ential amount of dollars within which the participant, or his a 4. comply with all of the training requirements for pro uthorized representative, exercises decision-making responsi viders of waiver services. bility concerning the selection of services and service provid B. Providers must maintain adequate documentation to s ers. upport service delivery and compliance with the approved P C. Termination of Self-Direction Service Option. Termin OC and provide said documentation upon the department’s r ation of participation in the self-direction service option requ equest. ires a revision of the POC, the elimination of the fiscal agent C. In order for a provider to bill for services, the waiver and the selection of the Medicaid-enrolled waiver service pr participant and the direct service worker or professional serv ovider(s) of choice. ices practitioner rendering service must be present at the tim 1. Voluntary Termination. The waiver participant may e the service is rendered. choose at any time to withdraw from the self-direction servic 1. Exception. The following services may be provided e option and return to the traditional provider agency manag when the participant is not present: ement of services. a. - c. ... 2. All services must be documented in service notes w hich describe the services rendered and progress towards the participant’s personal outcomes and his/her POC.

59 Louisiana Register Vol. 40, No. 12 December 20, 2014 D. If transportation is provided as part of a waiver servic a. upon completion of the environmental accessibili e, the provider must comply with all of the state laws and reg ty adaptations and prior to submission of a claim for reimbur ulations applicable to vehicles and drivers. sement, the provider shall give the participant a certificate of E. All services rendered shall be prior approved and in a warranty for all labor and installation work and supply the p ccordance with the POC. articipant with all manufacturers’ warranty certificates; F. Providers, including direct care staff, cannot live in th 2. assistive technology/specialized medical equipment e same residence as the participant, except Host Home contr and supplies. actors and Companion Care workers. 3. Repealed. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 C. The following services are reimbursed at a per diem r 254 and Title XIX of the Social Security Act. ate: HISTORICAL NOTE: Promulgated by the Department of Heal 1. … th and Hospitals, Office for Citizens with Developmental Disabiliti 2. companion cares; and es, LR 33:2455 (November 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the 3. shared living services; Office for Citizens with Developmental Disabilities, LR 41: a. Per diem rates are established based on the numb §16703. Staffing Restrictions and Requirements er of individuals sharing the living service module for both s A. Payments shall not be made to persons who are legall hared living non-conversion and shared living conversion ser y responsible for the care of the waiver participants which in vices. clude: D. The following services are reimbursed at a per one-ha 1. parents of minor children; lf-day unit of service based on a minimum of 2.5 hours spent 2. spouses for each other; on-site by the participant: 3. legal guardians for adults or children with develop 1. day habilitation; mental disabilities; or 2. pre-vocational; and 4. parents for their adult child with developmental dis 3. supported employment: abilities, regardless of the legal status of the adult child. a. mobile crew; and B. In order to receive payment, relatives must meet the c b. enclave. riteria for the provision of the service and the same provider E. ... qualifications specified for the service as other providers not F. Nursing services are reimbursed at either an hourly or related to the participant. per visit rate for the allowable procedure codes. 1. Relatives must also comply with the following requ G. ... irements: H. Transition expenses from an ICF/DD or nursing facilit a. become an employee of the participant’s chosen y to a community living setting are reimbursed at the cost of waiver provider agency; the service(s) up to a lifetime maximum rate of $3,000. b. become a Medicaid enrolled provider agency; or I. - J. ... c. if the self-direction option is selected, relatives m K. Effective for dates of service on or after August 1, 20 ust: 10, the reimbursement for residential options waiver services i. become an employee of the self-direction parti shall be reduced by 2 percent of the rates in effect on July 31, cipant; and 2010. ii. have a Medicaid provider agreement executed 1. The following services shall be excluded from the r by the fiscal agent as authorized by the Medicaid agency. ate reduction: AUTHORITY NOTE: Promulgated in accordance with R.S. 36 a. personal emergency response services; 254 and Title XIX of the Social Security Act. b. environmental accessibility adaption services; HISTORICAL NOTE: Promulgated by the Department of Heal c. specialized medical equipment and supplies; and th and Hospitals, Bureau of Health Services Financing and the Offi d. support coordination services. ce for Citizens with Developmental Disabilities, LR 41: AUTHORITY NOTE: Promulgated in accordance with R.S. 36 Chapter 169. Reimbursement 254 and Title XIX of the Social Security Act. §16901. Reimbursement Methodology HISTORICAL NOTE: Promulgated by the Department of Heal A. Reimbursement for the following services shall be a p th and Hospitals, Office for Citizens with Developmental Disabiliti rospective flat rate for each approved unit of service provide es, LR 33:2456 (November 2007), amended by the Department of d to the waiver participant. One quarter hour (15 minutes) is Health and Hospitals, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, LR 41: the standard unit of service, which covers both the service pr §16903. Direct Support Staff Wages ovision and administrative costs for these services: A. In order to maximize staffing stability and minimize t 1. - 3.e.… urnover among direct support staff, providers of the followin f. registered dietician; g services furnished under the Residential Options Waiver ar 4. support coordination; or e required to pay direct support workers an hourly wage that 5. supported employment: is at least 29 percent ($1.50) more than the federal minimum a. individual placement; and wage in effect as of July 23, 2007 or the current federal mini b. micro-enterprise. mum wage, whichever is higher: 6. Repealed. 1. community living supports; B. The following services are reimbursed at the cost of t 2. respite servicesout of home; he adaptation device, equipment or supply item: 3. shared living; 1. environmental accessibility adaptations; and 4. day habilitation;

Louisiana Register Vol. 40, No. 12 December 20, 2014 60 5. pre-vocational services; and Title 50 6. supported employment. PUBLIC HEALTH—MEDICAL ASSISTANCE 7. Repealed. Part XIX. Other Services AUTHORITY NOTE: Promulgated in accordance with R.S. 36 Subpart 3. Laboratory and X-Ray 254 and Title XIX of the Social Security Act. Chapter 43. Billing and Reimbursement HISTORICAL NOTE: Promulgated by the Department of Heal Subchapter B. Reimbursement th and Hospitals, Office for Citizens with Developmental Disabiliti §4329. Laboratory Services (Physicians and Independe es, LR 33:2456 (November 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the nt Laboratories) Office for Citizens with Developmental Disabilities, LR 41: A. - L.3.a. … Interested persons may submit written comments to J. Rut M. Effective for dates of service on or after May 20, 201 h Kennedy, Bureau of Health Services Financing, P.O. Box 9 4, the reimbursement for laboratory services shall be based o 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid n usual and customary billed charges or the Medicaid fee on [email protected]. Ms. Kennedy is responsible for responding t file as of May 19, 2014, whichever is lesser. o inquiries regarding this Emergency Rule. A copy of this E 1. If laboratory services do not have Medicare establis mergency Rule is available for review by interested parties a hed rates, fees will be based on review of statewide billed ch t parish Medicaid offices. arges for that service in comparison with set charges for simi lar services. Kathy H. Kliebert 2. If there is no similar service, fees are based upon th Secretary e consultant physicians’ review and recommendations. 1412#087 3. Reimbursement shall be the lesser of the billed char ges or the Medicaid fee on file. DECLARATION OF EMERGENCY AUTHORITY NOTE: Promulgated in accordance with R.S. 46 153, R.S. 49:1008(A), P.L. 98-369, and Title XIX of the Social Sec Department of Health and Hospitals urity Act. Bureau of Health Services Financing HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office of the Secretary, Bureau of Health Services Laboratory and Radiology Services Financing, LR 28:1025 (May 2002), amended by the Department of Reimbursement Methodology Health and Hospitals, Bureau of Health Services Financing, LR 35: Manual Pricing 1897 (September 2009), LR 36:1248 (June 2010), LR 36:2563 (No vember 2010), LR 37:3028 (October 2011), amended by the Depart (LAC 50:XIX.Chapter 43) ment of Health and Hospitals, Bureau of Health Services Financing and the Office of Public Health, LR 39:95 (January 2013), amended The Department of Health and Hospitals, Bureau of Healt by the Department of Health and Hospitals, Bureau of Health Servi h Services Financing amends LAC 50: XIX.4329 and §§433 ces Financing, LR 39:1284 (May 2013), LR 41: 4-4337 in the Medical Assistance Program as authorized by §4334. Radiology Services R.S. 36:254 and pursuant to Title XIX of the Social Security A. - J. … Act. This Emergency Rule is promulgated in accordance wit K. Effective for dates of service on or after May 20, 201 h the provisions of the Administrative Procedure Act, R.S. 4 4, the reimbursement for radiology services shall be based o 9:953(B)(1) et seq., and shall be in effect for the maximum p n usual and customary billed charges or the Medicaid fee on eriod allowed under the Act or until adoption of the final Rul file as of May 19, 2014, whichever is lesser. e, whichever occurs first. 1. If radiology services do not have Medicare establis Due to a budgetary shortfall in state fiscal year 2013, the hed rates, fees will be based on review of statewide billed ch Department of Health and Hospitals, Bureau of Health Servi arges for that service in comparison with set charges for simi ces Financing amended the provisions governing the reimbur lar services. sement methodology for laboratory and radiology services to 2. If there is no similar service, fees are based upon th reduce the reimbursement rates (Louisiana Register, Volume e consultant physicians’ review and recommendations. 39, Number 5). The department promulgated an Emergency 3. Reimbursement shall be the lesser of the billed char Rule which amended the provisions governing the reimburse ges or the Medicaid fee on file. ment methodology for laboratory and radiology services to a AUTHORITY NOTE: Promulgated in accordance with R.S. 36 dopt a manual pricing payment methodology for covered ser 254 and Title XIX of the Social Security Act. vices that do not have Medicare established rates (Louisiana HISTORICAL NOTE: Promulgated by the Department of Heal Register, Volume 40, Number 5). This Emergency Rule is bei th and Hospitals, Bureau of Health Services Financing, LR 35:1897 ng promulgated to continue the provisions of the May 20, 20 (September 2009), amended LR 36:1248 (June 2010), LR 36:2563 (November 2010), LR 37:3029 (October 2011), LR 39:1284 (May 14 Emergency Rule. This action is being taken to promote th 2013), LR 41: e health and welfare of Medicaid recipients by ensuring cont §4335. Portable Radiology Services inued access to Medicaid covered services. A. - H. … Effective January 17, 2015, the Department of Health and I. Effective for dates of service on or after May 20, 201 Hospitals, Bureau of Health Services Financing amends the 4, the reimbursement for portable radiology services shall be provisions governing the reimbursement methodology for la based on usual and customary billed charges or the Medicaid boratory and radiology services. fee on file as of May 19, 2014, whichever is lesser. 1. If portable radiology services do not have Medicar e established rates, fees will be based on review of statewide

61 Louisiana Register Vol. 40, No. 12 December 20, 2014 billed charges for that service in comparison with set charges ance with the provisions of the Administrative Procedure Act, for similar services. R.S. 49:953(B)(1) et seq., and shall be in effect for the maxi 2. If there is no similar service, fees are based upon th mum period allowed under the Act or until adoption of the fi e consultant physicians’ review and recommendations. nal Rule, whichever occurs first. 3. Reimbursement shall be the lesser of the billed char The Department of Health and Hospitals, Office of the Sec ges or the Medicaid fee on file. retary, Bureau of Health Services Financing promulgated a R AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ule in order to reinstate the Title XIX Medically Needy Prog 254 and Title XIX of the Social Security Act. ram (MNP) and to establish coverage restrictions (Louisiana HISTORICAL NOTE: Promulgated by the Department of Heal Register, Volume 24, Number 5). All Behavioral health servi th and Hospitals, Bureau of Health Services Financing, LR 30:1026 ces are restricted from coverage under the Medically Needy (May 2004), amended LR 35:1898 (September 2009), amended LR 36:1248 (June 2010), LR 36:2563 (November 2010), LR 37:3029 Program. (October 2011), LR 39:1284 (May 2013), LR 41: In February 2012, the department adopted provisions in th §4337. Radiation Therapy Centers e Medicaid Program to restructure the existing behavioral he A. - H. … alth services delivery system into a comprehensive service d I. Effective for dates of service on or after May 20, 201 elivery model called the Louisiana Behavioral Health Partne 4, the reimbursement for radiology services provided by radi rship (LBHP). Certain recipients enrolled in the Medically N ation therapy centers shall be based on usual and customary eedy Program, whose Medicaid eligibility is based solely on billed charges or the Medicaid fee on file as of May 19, 2014, the provisions of §1915(i) of Title XIX of the Social Securit whichever is lesser. y Act, are eligible to only receive behavioral health services. 1. If radiology services provided by radiation therapy These recipients have difficulties accessing behavioral health centers do not have Medicare established rates, fees will be b services through the LBHP due to the service restrictions cur ased on review of statewide billed charges for that service in rently in place in the Medically Needy Program. comparison with set charges for similar services. Therefore, the department promulgated an Emergency Rul 2. If there is no similar service, fees are based upon th e which revised the provisions governing the Medically Nee e consultant physicians’ review and recommendations. dy Program in order to include behavioral health coverage fo 3. Reimbursement shall be the lesser of the billed char r MNP recipients that qualify for the program under the prov ges or the Medicaid fee on file. isions of §1915(i) of Title XIX of the Social Security Act. Th AUTHORITY NOTE: Promulgated in accordance with R.S. 36 is Emergency Rule also repealed and replaced all of the Rule 254 and Title XIX of the Social Security Act. s governing the Medically Needy Program in order to repro HISTORICAL NOTE: Promulgated by the Department of Heal mulgate these provisions in a clear and concise manner for i th and Hospitals, Bureau of Health Services Financing, LR 35:1898 nclusion in the Louisiana Administrative Code in a codified f (September 2009), amended LR 36:1248 (June 2010), LR 36:2563 ormat (Louisiana Register, Volume 38, Number 12). (November 2010), LR 37:3029 (October 2011), LR 39:1284 (May The department promulgated an Emergency Rule which a 2013), LR 41: mended the provisions governing the Medically Needy Progr Interested persons may submit written comments to J. Rut am to further clarify the provisions governing covered servic h Kennedy, Bureau of Health Services Financing, P.O. Box 9 es (Louisiana Register, Volume 39, Number 4). The departm 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid ent promulgated an Emergency Rule which amended the Apr [email protected]. Ms. Kennedy is responsible for responding t il 20, 2013 Emergency Rule to further clarify the provisions o all inquiries regarding this Emergency Rule. A copy of this governing covered services (Louisiana Register, Volume 40, Emergency Rule is available for review by interested parties Number 1). This Emergency Rule is being promulgated to co at parish Medicaid offices. ntinue the provisions of the January 20, 2014 Emergency Ru le. Kathy H. Kliebert This action is being taken to promote the health and welfa Secretary re of MNP recipients who are in need of behavioral health se 1412#088 rvices, and to assure their continued access to these services. DECLARATION OF EMERGENCY Effective January 18, 2015, the Department of Health and Hospitals, Bureau of Health Services Financing amends the Department of Health and Hospitals provisions governing the Medically Needy Program. Bureau of Health Services Financing Title 50 PUBLIC HEALTH—MEDICAL ASSISTANCE Medicaid Eligibility Part III. Eligibility Medically Needy Program Subpart 3. Eligibility Groups and Factors Behavioral Health Services Chapter 23. Eligibility Groups and Medicaid Program (LAC 50:III.2313) s §2313. Medically Needy Program The Department of Health and Hospitals, Bureau of Healt A. The Medically Needy Program (MNP) provides Medi h Services Financing hereby repeals and replaces all of the R caid coverage when an individual's or family's income and/o ules governing the Medically Needy Program, and adopts L r resources are sufficient to meet basic needs in a categorical AC 50:III.2313 in the Medical Assistance Program as author assistance program, but not sufficient to meet medical needs ized by R.S. 36:254 and pursuant to Title XIX of the Social according to the MNP standards. Security Act. This Emergency Rule is promulgated in accord

Louisiana Register Vol. 40, No. 12 December 20, 2014 62 1. The income standard used in the MNP is the federal i. Stepparents or individuals who do not meet the Medically Needy Income Eligibility Standard (MNIES). above LIFC essential person criteria must qualify for Medica 2. Resources are not applicable to child-(C-) related M id as individuals under the A, B, or D categorical assistance NP cases. groups. 3. MNP eligibility cannot be considered prior to establ 5. Louisiana Behavioral Health Partnership (LBHP) 1 ishing income ineligibility in a categorically related assistanc 915(i) MNP e group. a. The LBHP Medically Needy Program is consider B. MNP Eligibility Groups ed only for the individuals who meet the level of need requir 1. Regular Medically Needy ements of §1915 of Title XIX of the Social Security Act, and a. Children and parents who meet all of the low-inc who have been determined to be ineligible for other full Med ome families with children (LIFC) related categorical requir icaid programs, including the Regular MNP and Spend-Dow ements and whose income is at or below the MNIES are elig n MNP. ible to receive Regular MNP benefits. Regular Medically Ne b. LBHP 1915(i) MNP recipients are only eligible t edy coverage is only applicable to individuals included in th o receive behavioral health services through the LBHP. They e C-related category of assistance. do not qualify for other Medicaid covered services. b. Individuals in the aged (A-), blind (B-), or disabil c. The certification period for LBHP 1915(i) Regula ity (D-) related categorical assistance groups cannot receive r MNP recipients cannot exceed six months. For the LBHP 1 Regular MNP. 915(i) Spend-Down MNP, the certification period begins no c. The certification period for Regular MNP cannot earlier than the spend-down date and shall not exceed three exceed six months. months. 2. Spend-Down Medically Needy C. The following services are covered in the Medically a. Spend-Down MNP is considered after establishin Needy Program for non-1915(i) recipients: g financial ineligibility in Regular MNP or other categoricall 1. inpatient and outpatient hospital services; y related Medicaid programs and excess income remains. All 2. intermediate care facilities for persons with intellectu owable medical bills/expenses incurred by the income unit a al disabilities (ICF/ID) services; re used to reduce (spend-down) the income to the allowable 3. intermediate care and skilled nursing facility (ICF a MNP limits. nd SNF) services; b. The following individuals may be considered for 4. physician services, including medical/surgical servi Spend-Down MNP: ces by a dentist; i. individuals or families who meet all of the LIF 5. nurse midwife services; C related categorical requirements; 6. certified registered nurse anesthetist (CRNA) and a ii. non-institutionalized individuals (A-, B-, or D- nesthesiologist services; related categories); and 7. laboratory and x-ray services; iii. institutionalized individuals or couples (A-, B-, 8. prescription drugs; or D-related categories) with Medicare co-insurance whose i 9. Early and Periodic Screening, Diagnosis and Treat ncome has been spent down to the MNIES. ment (EPSDT) services; c. The certification period for Spend-Down MNP b 10. rural health clinic services; egins no earlier than the spend-down date and shall not exce 11. hemodialysis clinic services; ed three months. 12. ambulatory surgical center services; 3. Long Term Care (LTC) Spend-Down MNP 13. prenatal clinic services; a. Individuals or couples residing in Medicaid LTC 14. federally qualified health center services; facilities, not on Medicare-coinsurance with resources within 15. family planning services; the limits, but whose income exceeds the special income lim 16. durable medical equipment; its (three times the current Federal Benefit Rate), are eligible 17. rehabilitation services (physical therapy, occupation for LTC Spend-Down MNP. al therapy, speech therapy); 4. C-Related Caretaker Relative MNP 18. nurse practitioner services; a. A qualified relative may be included in a C-relate 19. medical transportation services (emergency and no d MNP certification as a caretaker relative. There must be at n-emergency); least one minor child applying for or enrolled in Medicaid. A 20. home health services for individuals needing skilled caretaker relative for MNP purposes is an adult who: nursing services; i. is in the LIFC income unit with a minor child; 21. chiropractic services; ii. is a qualified relative of a child who is eligible 22. optometry services; for Supplemental Security Income (SSI), Prohibited AFDC 23. podiatry services; Provisions (PAP), or Child Health and Maternity Program 24. radiation therapy; and (CHAMP); and 25. behavioral health services. iii. is not eligible for inclusion in the Medicaid cert D. The following behavioral health services are covered ification of a sibling(s) because of income. for LBHP 1915(i) MNP recipients: b. An essential person may be included with a quali 1. inpatient and outpatient hospital services; fied relative in an MNP caretaker relative certification, but t 2. emergency medical services; here can be no essential person if there is no qualified relativ 3. physician/psychiatrist services; e certified in C-related MNP. 4. treatment by a licensed mental health professional;

63 Louisiana Register Vol. 40, No. 12 December 20, 2014 5. community psychiatric support and treatment; Title 50 6. psychosocial rehabilitation; PUBLIC HEALTH—MEDICAL ASSISTANCE 7. crisis intervention; Part XXVII. Medical Transportation Program 8. case conference [1915(b) services]; Chapter 3. Emergency Medical Transportation 9. treatment planning [1915(b) services]; and Subchapter C. Aircraft Transportation 10. prescription drugs. §353. Reimbursement AUTHORITY NOTE: Promulgated in accordance with R.S. 36: A. - H. ... 254 and Title XIX of the Social Security Act. I. Effective for dates of service on or after September 1, HISTORICAL NOTE: Promulgated by the Department of Heal 2014, the reimbursement rates for rotor winged emergency a th and Hospitals, Bureau of Health Services Financing, LR 41: ir ambulance services, which originate in areas designated as Interested persons may submit written comments to J. Rut rural and/or super rural by the U.S. Department of Health an h Kennedy, Bureau of Health Services Financing, P.O. Box 9 d Human Services, Centers for Medicare and Medicaid Servi 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid ces, shall be increased to the following rates: [email protected]. Ms. Kennedy is responsible for responding t l. base rate, $4,862.72 per unit; and o inquiries regarding this Emergency Rule. A copy of this E 2. mileage rate, $33.65 per unit. mergency Rule is available for review by interested parties a AUTHORITY NOTE: Promulgated in accordance with R.S. 36 t parish Medicaid offices. 254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal Kathy H. Kliebert th and Hospitals, Office of the Secretary, Bureau of Health Services Secretary Financing, LR 35:70 (January 2009), amended by the Department o 1412#089 f Health and Hospitals, Bureau of Health Services Financing, LR 3 6:2594 (November 2010), amended LR 37:3029 (October 2011), L DECLARATION OF EMERGENCY R 39:1285 (May 2013), LR 40:1379 (July 2014), LR 41: Implementation of the provisions of this Rule may be cont Department of Health and Hospitals ingent upon the approval of the U.S. Department of Health a Bureau of Health Services Financing nd Human Services, Centers for Medicare and Medicaid Ser vices (CMS), if it is determined that submission to CMS for Medical Transportation Program review and approval is required. Emergency Aircraft Transportation Interested persons may submit written comments to J. Rut Rotor Winged Ambulance Services Rate Increase h Kennedy, Bureau of Health Services Financing, P.O. Box 9 (LAC 50:XXVII.353) 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid [email protected]. Ms. Kennedy is responsible for responding t The Department of Health and Hospitals, Bureau of Healt o inquiries regarding this Emergency Rule. A copy of this E h Services Financing amends LAC 50:XXVII.353 in the Me mergency Rule is available for review by interested parties a dical Assistance Program as authorized by R.S. 36:254 and p t parish Medicaid offices. ursuant to Title XIX of the Social Security Act. This Emerge ncy Rule is promulgated in accordance with the provisions o Kathy H. Kliebert f the Administrative Procedure Act, R.S. 49:953(B)(1) et se Secretary q., and shall be in effect for the maximum period allowed un 1412#090 der the Act or until adoption of the final Rule, whichever occ urs first. DECLARATION OF EMERGENCY In anticipation of a budgetary shortfall in state fiscal year Department of Health and Hospitals 2013 as a result of the reduction in the state’s disaster recove Bureau of Health Services Financing ry Federal Medical Assistance Percentage (FMAP) rate, the Department of Health and Hospitals, Bureau of Health Servi ces Financing amended the provisions governing emergency Nursing Facilities medical transportation services to reduce the reimbursement Licensing Standards rates (Louisiana Register, Volume 40, Number 7). The depart (LAC 48:I.9704, 9707, and Chapter 99) ment promulgated an Emergency Rule which amended the p rovisions governing reimbursement for emergency medical a The Department of Health and Hospitals, Bureau of Healt ircraft transportation in order to increase the rates for service h Services Financing amends LAC 48:I.9704, §9707 and Ch s originating in rural areas (Louisiana Register, Volume 40, apter 99 in the Medical Assistance Program as authorized by Number 9). This Emergency Rule is being promulgated to co R.S. 36:254. This Emergency Rule is promulgated in accord ntinue the provisions of the September 1, 2014 Emergency R ance with the provisions of the Administrative Procedure Act, ule. This action is being taken to promote the health and welf 49:953(B)(1)et seq., and shall be in effect for the maximum are of Medicaid recipients by ensuring continued access to e period allowed under the Act or until adoption of the final R mergency medical aircraft transportation services. ule, whichever occurs first. Effective December 31, 2014, the Department of Health a The Department of Health and Hospitals, Bureau of Healt nd Hospitals, Bureau of Health Services Financing amends t h Services Financing promulgated an Emergency Rule whic he provisions governing the reimbursement methodology for h amended the licensing standards governing nursing emergency medical aircraft transportation services to increas e the reimbursement rates for rural areas.

Louisiana Register Vol. 40, No. 12 December 20, 2014 64 facilities in order to clarify the provisions for Alzheimer’s AUTHORITY NOTE: Promulgated in accordance with R.S. 40 special care disclosure, and to revise the provisions governin 2009.1-2116.4. g approval of plans and physical environment (Louisiana Re HISTORICAL NOTE: Promulgated by the Department of Heal gister, Volume 40, Number 5). This Emergency Rule is being th and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 24:46 (January 1998), amended by the Department o promulgated to continue the provisions of the May 20, 2014 f Health and Hospitals, Bureau of Health Services Financing, LR 3 Emergency Rule. This action is being taken to promote the h 7:2630 (September 2011), amended LR 41: ealth and well-being of Louisiana residents in nursing faciliti Chapter 99. Nursing Facilities es. Subchapter A. Physical Environment Effective January 17, 2015, the Department of Health and §9901. General Provisions Hospitals, Bureau of Health Services Financing amends the A. The nursing facility shall be designed, constructed, eq provisions governing the licensing standards for nursing faci uipped, and maintained to protect the health and safety of res lities. idents, personnel, and the public. Title 48 B. The nursing facility shall provide a safe, clean, orderl PUBLIC HEALTHGENERAL y, homelike environment. Part I. General Administration C. If the nursing facility determines that a licensing provi Subpart 3. Licensing and Certification sion of this Subchapter A prohibits the provision of a culture Chapter 97. Nursing Facilities change environment, the nursing facility may submit a writte Subchapter A. General Provisions n waiver request to the Health Standards Section (HSS) of th §9704. Alzheimer's Special Care Disclosure e Department of Health and Hospitals, asking that the provis A. - D.5.... ion be waived and providing an alternative to the licensing p E. The provider’s Alzheimer's special care disclosure do rovision of this subchapter. The department shall consider su cumentation shall contain the following information: ch written waiver request, shall consider the health and safet 1. - 8. ... y concerns of such request and the proposed alternative, and AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1 shall submit a written response to the nursing facility within 300.121-1300.125. 60 days of receipt of such waiver request. HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office of the Secretary, Bureau of Health Services D. Any construction-related waiver or variance request o Financing, LR 27:312 (March 2001), amended by the Department o f any provision of the Public Health Sanitary Code (LAC 51) f Health and Hospitals, Bureau of Health Services Financing, LR 4 shall be submitted in writing to the State Health Officer for h 1: is/her consideration. §9707. Approval of Plans AUTHORITY NOTE: Promulgated in accordance with R.S. 40 A. Plans and specifications for new construction of, or to, 2009.1-2116.4. a nursing facility, and for any major alterations or renovatio HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office of the Secretary, Bureau of Health Services ns to a nursing facility, shall be submitted for approval to the Financing, LR 24:62 (January 1998), amended by the Department o Department of Public Safety, Office of the State Fire Marsha f Health and Hospitals, Bureau of Health Services Financing, LR 4 l for review in accordance with R.S. 40:1563(L), R.S.40:157 1: 4 and LAC 55:V:Chapter 3. §9903. Nurse/Care Team Work Areas 1. Plans and specifications for new construction, majo A. Each floor and/or household of a nursing facility shall r alterations, and major renovations shall be prepared by or u have a nurse/care team work area in locations that are suitabl nder the direction of a licensed architect and/or a qualified li e to perform necessary functions. These nurse/care team wor censed engineer where required by the Louisiana architectur k areas may be in centralized or decentralized locations, as l e and engineering licensing laws of R.S. 37:141, et seq., R.S. ong as the locations are suitable to perform necessary functio 37:681 et seq. and respective implementing regulations. ns. 2. No residential conversions shall be considered for a 1. Each centralized nurse/care team area shall be equi nursing facility license. pped with working space and accommodations for recording B. The plans and specifications shall comply with all of t and charting purposes by nursing facility staff with secured s he following: torage space for in-house resident records. 1. DHH nursing facility licensing requirements and th a. Exception. Accommodations for recording and ch e Office of Public Health’s (OPH) nursing home regulations arting are not required at the central work area where decentr (see LAC 51:XX); and alized work areas are provided. 2. the Office of the State Fire Marshal’s requirements 2. Each decentralized work area, where provided, shal for plan submittals and compliance with all codes required b l contain working space and accommodations for recording a y that office. nd charting purposes with secured storage space for administ 2.a - 3. Repealed. rative activities and in-house resident records. C. Notice of satisfactory review from the department and 3. The nurse/care team work areas shall be equipped t the Office of the State Fire Marshal constitutes compliance o receive resident calls through a communication system fro with this requirement, if construction begins within 180 days m resident rooms, toileting and bathing facilities. of the date of such notice. This approval shall in no way per a. In the case of an existing centralized nurse/care te mit and/or authorize any omission or deviation from the requ am work area, this communication may be through audible o irements of any restrictions, laws, regulations, ordinances, co r visible signals and may include wireless systems. des, or rules of any responsible agency. b. In those facilities that have moved to decentralize C.1 - E. Repealed. d nurse/care team work areas, the facility may utilize other el

65 Louisiana Register Vol. 40, No. 12 December 20, 2014 ectronic systems that provide direct communication from the f Health and Hospitals, Bureau of Health Services Financing, LR 4 resident to the staff. 1: B. There shall be a medicine preparation room or area. S §9907. Resident Room Furnishings uch room or area shall contain a work counter, preparation si A. ... nk, refrigerator, task lighting and lockable storage for control 1. a clean supportive frame in good repair; led drugs. 2. - 5. ... C. There shall be a clean utility room on each floor desig B. Screens or noncombustible ceiling-suspended privacy ned for proper storage of nursing equipment and supplies. Su curtains which extend around the bed shall be provided for e ch room shall contain task lighting and storage for clean and ach bed in multi-resident bedrooms to assure resident privac sterile supplies. y. Total visual privacy without obstructing the passage of oth D. There shall be a separate soiled utility room designed er residents either to the corridor, closet, lavatory, or adjacen for proper cleansing, disinfecting and sterilizing of equipme t toilet room nor fully encapsulating the bedroom window sh nt and supplies. At a minimum, it shall contain a clinical sink all be provided. or equivalent flushing-rim sink with a rinsing hose or bed pa C. Each resident shall be provided with a call device loca n sanitizer, hand washing facilities, soiled linen receptacles a ted within reach of the resident. nd waste receptacle. Each floor of a nursing facility shall hav D. Each resident shall be provided a bedside table with at e a soiled utility room. least two drawers. As appropriate to resident needs, each resi AUTHORITY NOTE: Promulgated in accordance with R.S. 40 dent shall have a comfortable chair with armrests, waste rece 2009.1-2116.4. ptacle, and access to mirror unless medically contraindicated. HISTORICAL NOTE: Promulgated by the Department of Heal 1. Each resident who has tray service to his/her room s th and Hospitals, Office of the Secretary, Bureau of Health Services hall be provided with an adjustable overbed table positioned Financing, LR 24:62 (January 1998), amended by the Department o so that the resident can eat comfortably. f Health and Hospitals, Bureau of Health Services Financing, LR 4 E. Each resident shall be provided an individual closet th 1: at has minimum dimensions of 1 foot 10 inches in depth by §9905. Resident Rooms 2 feet 6 inches in width. A clothes rod and shelf shall be prov A. ... ided that is either adjustable or installed at heights accessible B. Each resident's bedroom shall have a floor at or above to the resident. Accommodations shall be made for storage o grade level, shall accommodate a maximum of two residents f full-length garments. The shelf may be omitted if the closet and be so situated that passage through another resident's be provides at least two drawers. The following exceptions may droom is unnecessary. apply. 1. Exception. Resident bedrooms in existing nursing f 1. Individual wardrobe units having nominal dimensio acilities shall be permitted to accommodate no more than fou ns of 1 foot 10 inches in depth by 2 feet 6 inches in width are r residents unless the cost of renovations to the existing nursi permitted. A clothes rod and shelf shall be provided that is ei ng facility exceeds the values stipulated by R.S. 40:1574. ther adjustable or installed at heights accessible to the reside C. Private resident bedrooms shall measure at least 121 s nt. Accommodations shall be made for storage of full-length quare feet of bedroom area, exclusive of wardrobes, closet s garments. The shelf may be omitted if the unit provides at le pace, vestibules or toilet rooms, and shall have a clear width ast two drawers. of not less than 11 feet. 2. In existing nursing facilities, or portions thereof, wh D. Double occupancy resident bedrooms containing two ere plans were approved by the department and the State Fir beds shall measure at least 198 square feet of bedroom area, e Marshal prior to January 20, 1998, each resident shall be pr exclusive of wardrobes, closet space, vestibules or toilet roo ovided an individual wardrobe or closet that has nominal di ms, and shall have a clear width of not less than 11 feet. mensions of 1 foot 10 inches in depth by 2 feet in width. E. In existing nursing facilities, or portions thereof, wher F. Each resident shall be provided with a bedside light or e plans were approved by the department and the Office of S over-the-bed light capable of being operated from the bed. tate Fire Marshal prior to January 20, 1998, there shall be at 1. Nursing facilities, or portions thereof, where plans least three feet between the sides and foot of the bed and any were approved by the department and the State Fire Marshal wall, other fixed obstruction, or other bed, unless the furnitur prior to May 1, 1997 shall be exempt from this provision. e arrangement is the resident's preference and does not interf AUTHORITY NOTE: Promulgated in accordance with R.S. 40 ere with service delivery. 2009.1-2116.4. F. Each resident's bedroom shall have at least one wind HISTORICAL NOTE: Promulgated by the Department of Heal ow to the outside atmosphere with a maximum sill height of th and Hospitals, Office of the Secretary, Bureau of Health Services 36 inches. Windows with sills less than 30 inches from the fl Financing, LR 24:63 (January 1998), amended by the Department o oor shall be provided with guard rails. f Health and Hospitals, Bureau of Health Services Financing, LR 4 1. Each resident's bedroom window shall be provided 1: with shades, curtains, drapes, or blinds. §9909. Locked Units, Restraints and Seclusion 2. Operable windows shall be provided with screens. A. Locked Units G. - H. Repealed. 1. Nursing facilities may have specific locked units fo AUTHORITY NOTE: Promulgated in accordance with R.S. 40 r housing residents suffering from severe dementia or Alzhei 2009.1-2116.4. mer’s disease. The locked units may only house, limit and re HISTORICAL NOTE: Promulgated by the Department of Heal strict free access of those residents suffering from severe de th and Hospitals, Office of the Secretary, Bureau of Health Services mentia or Alzheimer’s who may be a danger to themselves o Financing, LR 24:62 (January 1998), amended by the Department o r others.

Louisiana Register Vol. 40, No. 12 December 20, 2014 66 2. Nursing facilities providing locked units shall devel 2. Toilet rooms shall be easily accessible, convenientl op admission criteria. There shall be documentation in the re y located, well lighted and ventilated to the outside atmosph sident's record to indicate the unit is the least restrictive envi ere. Fixtures shall be of substantial construction, in good rep ronment possible, and placement in the unit is needed to faci air and of such design to enable satisfactory cleaning. litate meeting the resident’s needs. 3. Separate male and female toilet rooms for use by st 3. Guidelines for admission shall be provided to the re aff and guests shall be provided. sident, his/her family and his/her authorized representative. 4. Each toilet room shall contain a toilet, hand-washin 4. Locked units are designed and staffed to provide th g station and mirror. e care and services necessary for the resident's needs to be m 5. Doors to single-use resident toilet rooms shall swin et. g out of the room. a. The locked unit shall have designated space for d 6. Doors to single-use resident toilet rooms shall be pe ining and/or group and individual activities that is separate a rmitted to utilize privacy locks that include provisions for e nd apart from the resident bedrooms and bathrooms; mergency access. b. The dining space shall contain tables for eating w 7. In multi-use toilet rooms provisions shall be made f ithin the locked unit. or resident privacy. c. The activities area(s) shall contain seating, and be C. Each floor occupied by residents shall be provided wit accessible to the residents within the locked unit. h a bathing facility equipped with a toilet, hand-washing stat 5. There shall be sufficient staff to respond to emergen ion, and bathing unit consisting of a bathtub, shower, or whir cy situations in the locked unit at all times. lpool unit. 6. The resident on the locked unit has the right to exer Table. Repealed. cise those rights which have not been limited as a result of a 1. A minimum of one bathtub, shower, or whirlpool u dmission to the unit. nit shall be provided for every 10 residents, or fraction there 7. Care plans shall address the reasons for the resident of, not otherwise served by bathing facilities in resident roo being in the unit and how the nursing facility is meeting the r ms. In nursing facilities built prior to August 26, 1958, show esident's needs. ers or tubs shall each be provided at a rate of 1 per 15 beds o 8. All staff designated to provide care and services on r fraction thereof. locked units shall have training regarding unit policies and p 2. Bathing facilities shall be easily accessible, conveni rocedures, admission and discharge criteria, emergency situa ently located, well lighted and ventilated to the outside atmo tions and the special needs of the residents on the unit. sphere. Fixtures shall be of substantial construction, in good 9. Admission to a locked unit shall be in compliance repair, and of such design to enable satisfactory cleaning. with R.S. 40:1299.53 and 40:2010.8. 3. Tub and shower bottoms shall be of nonslip materia B. Restraints. The resident has the right to be free from a l. Grab bars shall be provided to prevent falling and to assist ny physical or chemical restraints imposed for purposes of di in maneuvering in and out of the tub or shower. scipline or convenience and not required to treat the resident’ 4. Separate bathing facilities shall be provided for em s medical symptoms. ployees who live on the premises. C. Seclusion. The resident has the right to be free from v 5. In multi-use bathing facilities provisions shall be m erbal, sexual, physical and mental abuse, corporal punishme ade for resident privacy. nt, and involuntary seclusion. 6. Wall switches for controlling lighting, ventilation, h D. - G. Repealed. eating or any other electrical device shall be so located that t AUTHORITY NOTE: Promulgated in accordance with R.S. 40 hey cannot be reached from a bathtub, shower, or whirlpool. 2009.1-2116.4. D. - H. Repealed. HISTORICAL NOTE: Promulgated by the Department of Heal AUTHORITY NOTE: Promulgated in accordance with R.S. 40 th and Hospitals, Office of the Secretary, Bureau of Health Services 2009.1-2116.4. Financing, LR 24:63 (January 1998), amended by the Department o HISTORICAL NOTE: Promulgated by the Department of Heal f Health and Hospitals, Bureau of Health Services Financing, LR 4 th and Hospitals, Office of the Secretary, Bureau of Health Services 1: Financing, LR 24:63 (January 1998), amended by the Department o §9911. Hand-Washing Stations, Toilet Rooms and Bathi f Health and Hospitals, Bureau of Health Services Financing, LR 4 ng Facilities 1: A. A hand-washing station shall be provided in each resi §9913. Dining and Resident Activities dent room. A. The nursing facility shall provide one or more areas d 1. Omission of this station shall be permitted in a singl esignated for resident dining and activities. e-bed or two-bed room when a hand-washing station is locat B. Smoking is not permitted in the dining room and othe ed in an adjoining toilet room that serves that room only. r public areas as specified by R.S. 40:1300.256(B)(11). B. Each resident shall have access to a toilet room witho ut having to enter the corridor area. In nursing facilities built prior to August 26, 1958, each floor occupied by residents sh all be provided with a toilet room and hand-washing station. 1. One toilet room shall serve no more than two reside nts in new construction or no more than two resident rooms i n renovation projects. In nursing facilities built prior to Augu st 26, 1958, toilets and hand-washing stations shall each be p rovided at a rate of 1 per 10 beds or fraction thereof.

67 Louisiana Register Vol. 40, No. 12 December 20, 2014 C. Dining room(s) or dining area(s) shall be sufficient in his is a minimum requirement and may be exceeded by local space and function to accommodate the needs of the resident ordinances. Where this requirement would impose an unreas s without restriction. Dining areas shall be adequately furnis onable hardship, a written request for a lesser amount may b hed, well lighted, and well ventilated. Dining areas shall be s e submitted to the department for waiver consideration. ufficient in space to comfortably accommodate the persons B. The nursing facility shall make arrangements for an a who usually occupy that space, including persons who utiliz dequate supply of safe potable water even when there is a los e walkers, wheelchairs and other ambulating aids or devices. s of normal water supply. Service from a public water supply D. There shall be at least one well lighted and ventilated must be used, if available. Private water supplies, if used, sh living/community room with sufficient furniture. all meet the requirements of the LAC Title 51 Public Health E. There shall be sufficient space and equipment to comfo Sanitary Code. rtably accommodate the residents who participate in group a C. An adequate supply of hot water shall be provided wh nd individual activities. These areas shall be well lighted and ich shall be adequate for general cleaning, washing and sanit ventilated and be adequately furnished to accommodate all a ization of cooking and food service dishes and other utensils ctivities. and for bathing and laundry use. Hot water supply to the han F. Areas used for corridor traffic or for storage of equip d washing and bathing faucets in the resident areas shall hav ment shall not be considered as areas for dining or activities. e automatic control to assure a temperature of not less than 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 40 00˚F, nor more than 120˚F, at the faucet outlet. Supply syste 2009.1-2116.4. m design shall comply with the Louisiana State Plumbing C HISTORICAL NOTE: Promulgated by the Department of Heal ode and shall be based on accepted engineering procedures u th and Hospitals, Office of the Secretary, Bureau of Health Services sing actual number and types of fixtures to be installed. Financing, LR 24:64 (January 1998), amended by the Department o f Health and Hospitals, Bureau of Health Services Financing, LR 4 D. The nursing facility shall be connected to the public s 1: ewerage system, if such a system is available. Where a publi §9915. Linen and Laundry c sewerage is not available, the sewerage disposal system sh A. The nursing facility shall have available, at all times, all conform to the requirements of the LAC Title 51 Public a quantity of bed and bath linen essential for proper care and HealthSanitary Code. comfort of residents. E. The nursing facility shall maintain a comfortable soun B. - G. ... d level conducive to meeting the need of the residents. H. Clean linen shall be transported and stored in a manne F. All plumbing shall be properly maintained and confor r to prevent its contamination. m to the requirements of the LAC Title 51 Public HealthS I. Nursing facilities providing in-house laundry services anitary Code. shall have a laundry system designed to eliminate crossing o G. All openings to the outside atmosphere shall be effecti f soiled and clean linen. vely screened. Exterior doors equipped with closers in air co J. Nursing facilities that provide in house laundry servic nditioned buildings need not have screens. es and/or household washers and dryers shall have policies a H. Each room used by residents shall be capable of being nd procedures to ensure safety standards, infection control st heated to a minimum of 71˚F in the coldest weather and capa andards and manufacturer’s guidelines are met. ble of being cooled to a maximum of 81˚F in the warmest w K. There shall be hand washing facilities available for us eather. e in any designated laundry area. I. Lighting levels in all areas shall be adequate to suppor L. Provisions shall be made for laundering personal clot t task performance by staff personnel and independent functi hing of residents. oning of residents. A minimum of 6' to 10' candelas over the AUTHORITY NOTE: Promulgated in accordance with R.S. 40 entire stairway, corridors, and resident rooms measured at an 2009.1-2116.4. elevation of 30 inches above the floor and a minimum of 20' HISTORICAL NOTE: Promulgated by the Department of Heal to 30' candelas over areas used for reading or close work sha th and Hospitals, Office of the Secretary, Bureau of Health Services ll be available. Financing, LR 24:64 (January 1998), amended by the Department o J. Corridors used by residents shall be equipped on each f Health and Hospitals, Bureau of Health Services Financing, LR 4 side with firmly secured handrails, affixed to the wall. Handr 1: §9917. Equipment and Supplies ails shall comply with the requirements of the state adopted accessibility guidelines. A. The nursing facility shall maintain all essential mecha K. There shall be an effective pest control program so th nical, electrical, and resident care equipment in safe operatin at the nursing facility is free of pest and rodent infestation. g condition. L. - R. Repealed. B. - G. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 40 AUTHORITY NOTE: Promulgated in accordance with R.S. 40 2009.1-2116.4. 2009.1-2116.4. HISTORICAL NOTE: Promulgated by the Department of Heal HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office of the Secretary, Bureau of Health th and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 24:64 (January 1998), amended by the Department o f Health and Hospitals, Bureau of Health Services Financing, LR 4 1: §9919. Other Environmental Conditions A. A hard surfaced off-the-road parking area to provide p arking for one car per five licensed beds shall be provided. T

Louisiana Register Vol. 40, No. 12 December 20, 2014 68 Services Financing, LR 24:64 (January 1998), amended by the D n-state governmental entity may qualify for a Medicaid supp epartment of Health and Hospitals, Bureau of Health Services Fina lemental payment adjustment, in addition to the uniform Me ncing, LR 41: dicaid rates paid to nursing facilities. Interested persons may submit written comments to Cecile B. The supplemental Medicaid payment to a non-state, g Castello, Health Standards Section, P.O. Box 3767, Baton R overnment-owned or operated nursing facility shall not exce ouge, LA 70821 or by email to [email protected]. Ms. ed the facility’s upper payment limit (UPL) pursuant to 42 C Castello is responsible for responding to inquiries regarding FR 447.272. this Emergency Rule. A copy of this Emergency Rule is avai C. Payment Calculations. The Medicaid supplemental pay lable for review by interested parties at parish Medicaid offic ment adjustment shall be calculated as follows. For each stat es. e fiscal year (SFY), the Medicaid supplemental payment shal l be calculated as the difference between: Kathy H. Kliebert 1. the amount that the department reasonably estimate Secretary s would have been paid to nursing facilities that are owned o 1412#091 r operated by a non-state governmental entity using the Medi care resource utilization groups (RUGs) prospective paymen DECLARATION OF EMERGENCY t system. For each Medicaid resident that is in a nursing facil Department of Health and Hospitals ity on the last day of a calendar quarter, the minimum data se Bureau of Health Services Financing t (MDS) assessment that is in effect on that date is classified using the Medicare RUGs system. The Medicare rate applica Nursing FacilitiesReimbursement Methodology ble to the Medicare RUG, adjusted by the Medicare geograp Supplemental Payments (LAC 50:II.20029) hic wage index, equals the Medicaid resident's estimated Me dicare rate. A simple average Medicare rate is determined for The Department of Health and Hospitals, Bureau of Healt each nursing facility by summing the estimated Medicare rat h Services Financing adopts LAC 50:II.20029 in the Medical e for each Medicaid resident in the facility and dividing by t Assistance Program as authorized by R.S. 36:254 and pursua otal Medicaid residents in the facility; and nt to Title XIX of the Social Security Act. This Emergency R 2. the Medicaid per diem rate for nursing facilities tha ule is promulgated in accordance with the provisions of the t are owned or operated by a non-state governmental entity. Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and The Medicaid rate shall be adjusted to include laboratory, ra shall be in effect for the maximum period allowed under the diology, and pharmacy services to account for program diffe Act or until adoption if the final Rule, whichever occurs first rences in services between Medicaid and Medicare. The stat ewide average of laboratory, radiology, and pharmacy servic The Department of Health and Hospitals, Bureau of Healt es is calculated using Medicaid cost report data. h Services Financing provides Medicaid reimbursement to n D. Each participating nursing facility's upper payment li on-state, government-owned or operated nursing facilities fo mit (UPL) gap shall be determined as the difference between r long-term care services provided to Medicaid recipients. T the estimated Medicare rate calculated in §20029.C.1 and th he department now proposes to amend the provisions govern e adjusted Medicaid rate calculated in §20029.C.2. ing the reimbursement methodology for nursing facilities to 1. Each facility's UPL gap is multiplied by the Medica adopt provisions for supplemental Medicaid payments to qua id days to arrive at its supplemental payment amount. Medic lifying non-state, government-owned or operated nursing fac aid days are taken from the Medicaid cost report. ilities that enter into an agreement with the department. This E. Frequency of Payments and Calculations action is being taken to promote the health and welfare of M 1. For each calendar quarter, an estimated interim sup edicaid recipients, ensure sufficient provider participation in plemental payment will be calculated as described in this Se the Nursing Facilities Program, and maintain adequate recipi ction utilizing the latest Medicare RUGs and payment rates a ent access to nursing facility services. It is estimated that im nd Medicaid cost reports and available Medicaid payment ra plementation of this Emergency Rule will increase expenditu tes. Payments will be made to each nursing facility that is o res in the Medicaid Program by approximately $1,813,075 f wned or operated by a non-state governmental entity and tha or FY 2014-2015. t has entered into an agreement with the department to partic Effective November 22, 2014, the Department of Health a ipate in the supplemental payment program. nd Hospitals, Bureau of Health Services Financing amends t 2. Following the completion of the state's fiscal year, t he provisions governing the reimbursement methodology for he final supplemental payment amount for the state fiscal ye nursing facilities to establish supplemental Medicaid payme ar just ended will be calculated. These calculations will be b nts for non-state, government-owned and operated nursing fa ased on the final Medicare RUGs and payment rates and the cilities. most recently reviewed Medicaid cost reports and Medicaid Title 50 payment rates that cover the just ended state fiscal year perio PUBLIC HEALTHMEDICAL ASSISTANCE d. The final supplemental payment calculations will be comp Part II. Nursing Facilities ared to the estimated interim supplemental payments and the Subpart 5. Reimbursement difference if positive will be paid to the non-state governmen Chapter 200. Reimbursement Methodology tal entity, and if negative, collected from the non-state gover §20029. Supplemental Payments nmental entity. A. Effective for dates of service on or after November 22, AUTHORITY NOTE: Promulgated in accordance with R.S. 36 2014, any nursing facility that is owned or operated by a no 254, R.S. 46:2742, and Title XIX of the Social Security Act.

69 Louisiana Register Vol. 40, No. 12 December 20, 2014 HISTORICAL NOTE: Promulgated by the Department of Heal Title 50 th and Hospitals, Bureau of Health Services Financing, LR 41: PUBLIC HEALTH—MEDICAL ASSISTANCE Implementation of the provisions of this Rule may be cont Part XV. Services for Special Populations ingent upon the approval of the U.S. Department of Health a Subpart 9. Personal Care Services nd Human Services, Centers for Medicare and Medicaid Ser Chapter 129. Long Term Care vices (CMS), if it is determined that submission to CMS for §12901. General Provisions review and approval is required. A. - F.2.b. … Interested persons may submit written comments to J. Rut 3. No individual may concurrently serve as a responsi h Kennedy, Bureau of Health Services Financing, P.O. Box 9 ble representative for more than two participants in OAAS-o 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid perated Medicaid home and community-based service progr [email protected]. Ms. Kennedy is responsible for responding t ams. This includes but is not limited to: o inquiries regarding this Emergency Rule. A copy of this E a. the Program of All-Inclusive Care for the mergency Rule is available for review by interested parties a Elderly; t parish Medicaid offices. b. Long-term Personal Care Services; c. the Community Choices Waiver; and Kathy H. Kliebert d. the Adult Day Health Care Waiver. Secretary G. The Department of Health and Hospitals may remove 1412#001 an LT-PCS service provider from the LT-PCS provider freed om of choice list and offer freedom of choice to LT-PCS part DECLARATION OF EMERGENCY icipants when: Department of Health and Hospitals 1. one or more of the following departmental proceedi Bureau of Health Services Financing ngs are pending against a LT-PCS participant’s service provi and der: Office of Aging and Adult Services a. revocation of the provider’s home and communit y-based services license; Personal Care ServicesLong-Term b. exclusion from the Medicaid Program; Freedom of Choice and Service Delivery c. termination from the Medicaid Program; or (LAC 50:XV.12901 and 12913) d. withholding of Medicaid reimbursement as autho rized by the department’s surveillance and utilization review The Department of Health and Hospitals, Bureau of Healt (SURS) Rule (LAC 50:I.Chapter 41); h Services Financing and the Office of Aging and Adult Serv 2. the service provider fails to timely renew its home a ices amend LAC 50:XV.12901 and §12913 in the Medical A nd community-based services license as required by the hom ssistance Program as authorized by R.S. 36:254 and pursuant e and community-based services providers licensing standar to Title XIX of the Social Security Act. This Emergency Rul ds Rule (LAC 48:I.Chapter 50); or e is promulgated in accordance with the provisions of the Ad 3. the service provider’s assets have been seized by th ministrative Procedure Act, R.S. 49:953(B)(1) et seq., and sh e Louisiana Attorney General’s Office. all be in effect for the maximum period allowed under the A AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ct or until adoption of the final Rule, whichever occurs first. 254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal The Department of Health and Hospitals, Bureau of Healt th and Hospitals, Office of the Secretary, Bureau of Health Services h Services Financing provides Long-Term Personal Care Ser Financing, LR 29:911 (June 2003), amended LR 30:2831 (Decemb vices (LT-PCS) under the Medicaid State Plan. The departme er 2004), amended by the Department of Health and Hospitals, Offi nt promulgated an Emergency Rule which amended the prov ce of Aging and Adult Services, LR 32:2082 (November 2006), LR isions governing LT-PCS in order to restrict the number of p 34:2577 (December 2008), amended by the Department of Health a articipants an individual can concurrently represent, and to a nd Hospitals, Bureau of Health Services Financing and the Office o dopt provisions for the removal of service providers from the f Aging and Adult Services, LR 35:2450 (November 2009), LR 39: waiver freedom of choice list when certain departmental pro 2506 (September 2013), LR 41: ceedings are pending against the provider, and to offer freed §12913. Service Delivery om of choice to the provider’s waiver participants. This Eme A. - B. … rgency Rule also clarifies the provisions governing service d C. Participants are not permitted to receive LT-PCS whil elivery (Louisiana Register, Volume 40, Number 5). This Em e living in a home or property owned, operated, or controlled ergency Rule is being promulgated to continue the provision by an owner, operator, agent, or employee of a licensed prov s of the May 20, 2014 Emergency Rule. This action is being ider of long-term care services, and providers are prohibited taken to promote the health and well-being of waiver partici from providing and billing for services under these circumst pants to assure that these individuals are safely maintained in ances. Participants may not live in the home of a direct supp their homes and communities. ort worker unless the direct support worker is related by bloo Effective January 17, 2015, the Department of Health and d or marriage to the participant. Hospitals, Bureau of Health Services Financing and the Offi ce of Aging and Adult Services amend the provisions govern ing long-term personal care services.

Louisiana Register Vol. 40, No. 12 December 20, 2014 70 1. The provisions of §12913.C may be waived with pr icaid recipients by ensuring continued access to Medicaid co ior written approval by OAAS or its designee. vered services. D. - F. ... Effective January 17, 2015, the Department of Health and AUTHORITY NOTE: Promulgated in accordance with R.S. 36 Hospitals, Bureau of Health Services Financing amends the 254 and Title XIX of the Social Security Act. provisions governing the reimbursement methodology for ph HISTORICAL NOTE: Promulgated by the Department of Heal ysician services covered in the Professional Services Progra th and Hospitals, Office of the Secretary, Bureau of Health Services m. Financing, LR 29:913 (June 2003), amended LR 30:2833 (Decemb er 2004), amended by the Department of Health and Hospitals, Offi Title 50 ce of Aging and Adult Services, LR 34:2581 (December 2008), am PUBLIC HEALTH—MEDICAL ASSISTANCE ended by the Department of Health and Hospitals, Bureau of Health Part IX. Professional Services Program Financing and the Office of Aging and Adult Services, LR 39:2509 Subpart 15. Reimbursement (September 2013), LR 41: Chapter 151. Reimbursement Methodology Implementation of the provisions of this Rule may be cont Subchapter B. Physician Services ingent upon the approval of the U.S. Department of Health a §15113. Reimbursement nd Human Services, Centers for Medicare and Medicaid Ser A. - I.3. ... vices (CMS), if it is determined that submission to CMS for J. - J.4. Reserved. review and approval is required. K. ... Interested persons may submit written comments to J. Rut L. The reimbursement for newly payable services not co h Kennedy, Bureau of Health Services Financing, P.O. Box 9 vered by Medicare, when there is no established rate set by 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid Medicare, shall be based on review of statewide billed charg [email protected]. Ms. Kennedy is responsible for responding t es for that service in comparison with set charges of a simila o inquiries regarding this Emergency Rule. A copy of this E r service. mergency Rule is available for review by interested parties a 1. If there is no similar procedure or service, the reimb t parish Medicaid offices. ursement shall be based upon a consultant physicians’ revie w and recommendations. Kathy H. Kliebert 2. For procedures which do not have established Medi Secretary care fees, the Department of Health and Hospitals, or its desi 1412#092 gnee, shall make determinations based upon a review of stat ewide billed charges for that service in comparison with set c DECLARATION OF EMERGENCY harges for similar services. Department of Health and Hospitals 3. Reimbursement shall be the lesser of the billed char Bureau of Health Services Financing ges or the Medicaid fee on file. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. Professional Services Program HISTORICAL NOTE: Promulgated by the Department of Heal Physicians Services th and Hospitals, Bureau of Health Services Financing, LR 36:1252 Reimbursement Methodology (June 2010), amended LR 36:2282 (October 2010), amended LR 37: (LAC 50:IX.15113) 904 (March 2011), LR 39:3301 (December 2013), LR 41: Interested persons may submit written comments to J. Rut The Department of Health and Hospitals, Bureau of Healt h Kennedy, Bureau of Health Services Financing, P.O. Box 9 h Services Financing amends LAC 50:IX.15113 in the Medi 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid cal Assistance Program as authorized by R.S. 36:254 and pur [email protected]. Ms. Kennedy is responsible for responding t suant to Title XIX of the Social Security Act. This Emergenc o all inquiries regarding this Emergency Rule. A copy of this y Rule is promulgated in accordance with the provisions of t Emergency Rule is available for review by interested parties he Administrative Procedure Act, R.S. 49:953(B)(1) et seq., at parish Medicaid offices. and shall be in effect for the maximum period allowed under the Act or until adoption of the final Rule, whichever occurs Kathy H. Kliebert first. Secretary As a result of a budgetary shortfall in state fiscal year 201 1412#093 3, the Department of Health and Hospitals, Bureau of Health Services Financing amended the provisions governing the rei DECLARATION OF EMERGENCY mbursement methodology for physician services to reduce th Department of Health and Hospitals e reimbursement rates and discontinue reimbursement for ce Bureau of Health Services Financing rtain procedures (Louisiana Register, Volume 39, Number 1 2). The department promulgated an Emergency Rule which a Professional Services Program mended the provisions governing the reimbursement method Physicians Services ology for physician services to adopt a manual pricing paym Reimbursement Methodology ent methodology for covered services that do not have Medi (LAC 50:IX.15113) care established rates (Louisiana Register, Volume 40, Numb er 5). This Emergency Rule is being promulgated to continue The Department of Health and Hospitals, Bureau of Healt the provisions of the May 20, 2014 Emergency Rule. This ac h Services Financing amends LAC 50:IX.15113 in the Medi tion is being taken to promote the health and welfare of Med

71 Louisiana Register Vol. 40, No. 12 December 20, 2014 cal Assistance Program as authorized by R.S. 36:254 and pur all be reimbursed at payment rates consistent with the metho suant to Title XIX of the Social Security Act. This Emergenc dology that applies to such services and physicians under Par y Rule is promulgated in accordance with the provisions of t t B of Title XVIII of the Social Security Act (Medicare). he Administrative Procedure Act, R.S. 49:953(B)(1) et seq., 1. The following physician service codes, when cover and shall be in effect for the maximum period allowed under ed by the Medicaid Program, shall be reimbursed at an incre the Act or until adoption of the final Rule, whichever occurs ased rate: first. a. evaluation and management codes 99201 through The Department of Health and Hospitals, Bureau of Healt 99499; or h Services Financing amended the provisions governing the b. their successor codes as specified by the U.S. De reimbursement methodology for physician services to increa partment of Health and Human Services. se the reimbursement rates for obstetric delivery services (L 2. Qualifying Criteria. Reimbursement shall be limite ouisiana Register, Volume 37, Number 3). d to specified services furnished by or under the personal su As a result of a budgetary shortfall in state fiscal year 201 pervision of a physician, either a doctor of osteopathy or a m 3, the department promulgated an Emergency Rule which a edical doctor, who attests to a specialty or subspecialty desig mended the provisions governing the reimbursement method nation in family medicine, general internal medicine or pedia ology for physician services to reduce the reimbursement rat trics, and who also attests to meeting one or more of the foll es and discontinue reimbursement for certain procedures (Lo owing criteria: uisiana Register, Volume 38, Number 7). The department su a. certification as a specialist or subspecialist in fam bsequently amended the provisions of the July 1, 2012 Emer ily medicine, general internal medicine or pediatric medicine gency Rule in order to revise the formatting to ensure that th by the American Board of Medical Specialists (ABMS), the ese provisions are promulgated in a clear and concise manne American Board of Physician Specialties (ABPS), or the Am r (Louisiana Register, Volume 38, Number 10). erican Osteopathic Association (AOA); or The Patient Protection and Affordable Care Act (PPACA) b. specified evaluation and management and vaccin requires states to reimburse certain primary care services at a e services that equal at least 60 percent of total Medicaid cod n increased rate. In compliance with PPACA and federal reg es paid during the most recently completed calendar year, or ulations, the department promulgated an Emergency Rule w for newly eligible physicians the prior month. hich amended the provisions governing the reimbursement 3. Payment Methodology. For primary care services pr methodology for physician services in order to increase the r ovided in calendar years 2013 and 2014, the reimbursement eimbursement rates (Louisiana Register, Volume 39, Number shall be the lesser of the: 1). a. Medicare Part B fee schedule rate in calendar yea The department promulgated an Emergency Rule which a rs 2013 or 2014 that is applicable to the place of service and mended the provisions of the January 1, 2013 Emergency Ru reflects the mean value over all parishes (counties) of the rat le in order to revise the payment methodology and to correct e for each of the specified codes or, if greater, the payment ra the formatting of these provisions as a result of the promulga tes that would be applicable in those years using the calendar tion of the October 20, 2012 Emergency Rule governing the year 2009 Medicare physician fee schedule conversion facto reimbursement methodology for physician services (Louisia r multiplied by the calendar year 2013 and 2014 relative valu na Register, Volume 39, Number 2). The department promul e units in accordance with 42 CFR 447.405. If there is no ap gated an Emergency Rule which amended the provisions of t plicable rate established by Medicare, the reimbursement sha he February 20, 2013 Emergency Rule in order to revise the ll be the rate specified in a fee schedule established and anno formatting of these provisions (Louisiana Register, Volume 4 unced by the Centers for Medicare and Medicaid Services (C 0, Number 9). This will ensure that these provisions are appr MS); or opriately incorporated into the Louisiana Administrative Co b. provider’s actual billed charge for the service. de in a clear and concise manner. This action is being taken t 4. The department shall make payment to the provider o avoid federal sanctions and to secure enhanced federal fun for the difference between the Medicaid rate and the increase ding. This Emergency Rule is being promulgated to continue d rate, if any. the provisions of the September 20, 2014 Emergency Rule. K. ... Effective January 19, 2015, the Department of Health and L. - L.3. Reserved Hospitals, Bureau of Health Services Financing amends the AUTHORITY NOTE: Promulgated in accordance with R.S. 36 provisions governing the reimbursement methodology for ph 254 and Title XIX of the Social Security Act. ysician services covered in the Professional Services Progra HISTORICAL NOTE: Promulgated by the Department of Heal m. th and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 36:1252 (June 2010), amended LR 36:2282 (Octobe Title 50 r 2010), LR 37:904 (March 2011), LR 39:3300, 3301 (December 2 PUBLIC HEALTH—MEDICAL ASSISTANCE 013), LR 41: Part IX. Professional Services Program Interested persons may submit written comments to J. Rut Subpart 15. Reimbursement h Kennedy, Bureau of Health Services Financing, P.O. Chapter 151. Reimbursement Methodology Subchapter B. Physician Services §15113. Reimbursement Methodology A. - I.3. … J. Effective for dates of service on or after January 1, 20 13 through December 31, 2014, certain physician services sh

Louisiana Register Vol. 40, No. 12 December 20, 2014 72 Box 91030, Baton Rouge, LA 70821-9030 or by email to Title 50 [email protected]. Ms. Kennedy is responsible for res PUBLIC HEALTH—MEDICAL ASSISTANCE ponding to all inquiries regarding this Emergency Rule. A co Part III. Eligibility py of this Emergency Rule is available for review by interest Subpart 11. State Children’s Health Insurance Program ed parties at parish Medicaid offices. Chapter 205. Louisiana Children’s Health Insurance Pr ogram (LaCHIP) – Phase V Kathy H. Kliebert §20501. General Provisions Secretary A. … 1412#094 B. The Department retains the oversight and managemen t of this LaCHIP expansion with health care benefits provide DECLARATION OF EMERGENCY d through the BAYOU HEALTH Program and behavioral he Department of Health and Hospitals alth services provided through the Louisiana Behavioral Hea Bureau of Health Services Financing lth Partnership (LBHP). C. Phase five is a cost-sharing program. Families who ar State Children’s Health Insurance Program e enrolled in phase five of LaCHIP will be responsible for pa LaCHIP Affordable Plan Benefits Administration ying premiums. (LAC 50:III.Chapter 205) AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XXI of the Social Security Act. HISTORICAL NOTE: Repromulgated by the Department of H The Department of Health and Hospitals, Bureau of Healt ealth and Hospitals, Office of the Secretary, Bureau of Health Servi h Services Financing amends LAC 50:III.20501 and §§2050 ces Financing, LR 34:660 (April 2008), amended by the Departmen 5-20507 in the Medical Assistance Program as authorized by t of Health and Hospitals, Bureau of Health Services Financing, LR R.S. 36:254 and pursuant to Title XXI of the Social Security 41: Act. This Emergency Rule is promulgated in accordance wit §20505. Covered Services h the provisions of the Administrative Procedure Act, R.S. 4 A. Children covered in phase five of the LaCHIP expansi 9:953(B)(1) et seq., and shall be in effect for the maximum p on shall receive health care benefits through an array of cove eriod allowed under the Act or until adoption of the final Rul red services offered by health plans participating in the BAY e, whichever occurs first. OU HEALTH Program, and behavioral health services admi The Department of Health and Hospitals, Office of the Sec nistered by the Statewide Management Organization under t retary, Bureau of Health Services Financing adopted provisi he LBHP. The following services shall be included: ons to implement phase five of the Louisiana Children’s Hea 1. - 8. … lth Insurance Program (LaCHIP) as a stand-alone program u 9. inpatient and outpatient behavioral health services o nder Title XXI provisions to provide coverage to uninsured c ther than those listed in any other provisions of §20503: hildren whose family income is from 200 percent up to 250 9.a. - 10. … percent of the Federal Poverty Level (Louisiana Register, Vo 11. nursing care services; lume 34, Number 4). a. Repealed. The department promulgated an Emergency Rule which a 12. … mended the April 2008 Rule in order to transfer the administ 13. inpatient substance abuse treatment services, includ ration of health care services covered under the LaCHIP Aff ing residential substance abuse treatment services: ordable Plan (Phase 5) to the health plans participating in the a. Inpatient admissions must be pre-certified. Emer BAYOU HEALTH Program, and the administration of beha gency services are covered if, upon review, presentation is d vioral health services to the Statewide Management Organiz etermined to be life-threatening, resulting in admission to in ation in the Louisiana Behavioral Health Partnership (Louisi patient, partial hospital or intensive outpatient level of care; ana Register, Volume 38, Number 12). b. … This Emergency Rule also revised the cost sharing provisi 14. outpatient substance abuse treatment services: ons in order to remove the co-payment, co-insurance, and de a. All services must be pre-certified; ductible requirements since they will no longer be attributabl b. … e to the LaCHIP Affordable Plan Program. Only the monthly 15. case management services; premium per household shall apply. This Emergency Rule is a. Repealed. being promulgated to continue the provisions of the January 16. - 16.a. … 1, 2013 Emergency Rule. This action is being taken to avoid 17. hospice care: a budget deficit in the medical assistance programs, and to pr a. Repealed. omote the health and welfare of LaCHIP Affordable Plan rec 18. medical transportation; and ipients. a. Repealed. Effective December 28, 2014, the Department of Health a 19. … nd Hospitals, Bureau of Health Services Financing amends t AUTHORITY NOTE: Promulgated in accordance with R.S. 36 he provisions governing the LaCHIP Affordable Plan in orde 254 and Title XXI of the Social Security Act. r to transfer the administration of these services to the BAY HISTORICAL NOTE: Repromulgated by the Department of H OU HEALTH Program and the Louisiana Behavioral Health ealth and Hospitals, Office of the Secretary, Bureau of Health Servi ces Financing, LR 34:660 (April 2008), amended by the Partnership.

73 Louisiana Register Vol. 40, No. 12 December 20, 2014 Department of Health and Hospitals, Bureau of Health Services provisions of the September 20, 2014 Emergency. This act Financing, LR 41: ion is being taken to promote the health and welfare of TGH §20507. Cost Sharing residents by ensuring sufficient provider participation and co A. Phase five of LaCHIP is a cost-sharing program with ntinued access to TGH services. premiums limited to no more than 5 percent of the family’s a Effective January 18, 2015, the Department of Health and nnual income. Hospitals, Bureau of Health Services Financing and the Offi B. The following cost-sharing criteria shall apply. ce of Behavioral Health amend the provisions governing ther 1. – 1.a. … apeutic group homes. 2. – 3.e. Repealed. Title 50 C. Non-payment of premiums may result in disenrollmen PUBLIC HEALTH—MEDICAL ASSISTANCE t from LaCHIP. Recipients shall be allowed a 60-day grace p Part XXXIII. Behavioral Health Services eriod prior to disenrollment for non-payment. Subpart 13. Therapeutic Group Homes AUTHORITY NOTE: Promulgated in accordance with R.S. 36 Chapter 121. General Provisions 254 and Title XXI of the Social Security Act. §12101. Introduction HISTORICAL NOTE: Repromulgated by the Department of H ealth and Hospitals, Office of the Secretary, Bureau of Health Servi A. - B. ... ces Financing, LR 34:661 (April 2008), amended by the Departmen C. A therapeutic group home provides a community-base t of Health and Hospitals, Bureau of Health Services Financing, LR d residential service in a home-like setting of no greater than 41: 10 beds under the supervision and program oversight of a ps Interested persons may submit written comments to J. Rut ychiatrist or psychologist. h Kennedy, Bureau of Health Services Financing, P.O. Box 9 AUTHORITY NOTE: Promulgated in accordance with R.S. 36 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid 254 and Title XIX of the Social Security Act. [email protected]. Ms. Kennedy is responsible for responding t HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Bureau of Health Services Financing, LR 38:427 o inquiries regarding this Emergency Rule. A copy of this E (February 2012), amended by the Department of Health and Hospit mergency Rule is available for review by interested parties a als, Bureau of Health Services Financing and the Office of Behavio t parish Medicaid offices. ral Health, LR 41: Chapter 125. Provider Participation Kathy H. Kliebert §12501. Provider Responsibilities Secretary A. - F. ... 1412#095 G. A TGH must ensure that youth are receiving appropri ate therapeutic care to address assessed needs on the child’s t DECLARATION OF EMERGENCY reatment plan. Department of Health and Hospitals 1. Therapeutic care may include treatment by TGH sta Bureau of Health Services Financing ff, as well as community providers. and 2. Treatment provided in the TGH or in the communit Office of Behavioral Health y should incorporate research-based approaches appropriate to the child’s needs, whenever possible. Therapeutic Group Homes H. ... (LAC 50:XXXIII.12101 and 12501) I. A TGH must incorporate at least one research-based a pproach pertinent to the sub-populations of TGH clients to b The Department of Health and Hospitals, Bureau of Healt e served by the specific program. The specific research-base h Services Financing amends LAC 50:XXXIII.12101 and §1 d model to be used should be incorporated into the program 2501 in the Medical Assistance Program as authorized by R. description. The research-based models must be approved by S. 36:254 and pursuant to Title XIX of the Social Security A OBH. ct. This Emergency Rule is promulgated in accordance with t J. ... he provisions of the Administrative Procedure Act, R.S. 49:9 AUTHORITY NOTE: Promulgated in accordance with R.S. 36 53(B)(1) et seq., and shall be in effect for the maximum peri 254 and Title XIX of the Social Security Act. od allowed under the Act or until adoption of the final Rule, HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Bureau of Health Services Financing, LR 38:428 whichever occurs first. (February 2012), amended by the Department of Health and Hospit The Department of Health and Hospitals, Bureau of Healt als, Bureau of Health Services Financing and the Office of Behavio h Services Financing adopted provisions to implement a coo ral Health, LR 41: rdinated behavioral health services system under the Medicai Implementation of the provisions of this Rule may be cont d Program to provide behavioral health services to children ingent upon the approval of the U.S. Department of Health a with emotional/behavioral disorders in therapeutic group ho nd Human Services, Centers for Medicare and Medicaid Ser mes (TGHs) (Louisiana Register, Volume 38, Number 2). vices (CMS), if it is determined that submission to CMS for The department promulgated an Emergency Rule which a review and approval is required. mended the provisions governing TGHs to increase the num Interested persons may submit written comments to J. Rut ber of beds allowed and revise the provider responsibilities h Kennedy, Bureau of Health Services Financing, P.O. Box 9 (Louisiana Register, Volume 40, Number 9). This Emergenc 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid y Rule is being promulgated to continue the [email protected]. Ms. Kennedy is responsible for responding t o inquiries regarding this Emergency Rule. A

Louisiana Register Vol. 40, No. 12 December 20, 2014 74 copy of this Emergency Rule is available for review by int AUTHORITY NOTE: Promulgated in accordance with R.S. 40 erested parties at parish Medicaid offices. 1846. HISTORICAL NOTE: Promulgated by the Department of Publ Kathy H. Kliebert ic Safety and Corrections, Liquefied Petroleum Gas Commission, L R 20:1404 (December 1994), amended LR 24:470 (March 1998), L Secretary R 25:1263 (July 1999), LR 25:2412 (December 1999), LR 27:2257 1412#096 (December 2001), LR 31:2568 (October 2005), LR 37:913 (March 2011), LR 38:1269 (May 2012), LR 41: DECLARATION OF EMERGENCY Department of Public Safety and Corrections John W. Alario Liquefied Petroleum Gas Commission Executive Director 1412#010 National Fire Protection Association DECLARATION OF EMERGENCY Pamphlet Numbers 54 and 58 (LAC 55:IX.181) Department of Wildlife and Fisheries Wildlife and Fisheries Commission The Department of Public Safety and Corrections, Public Safety Services, Liquefied Petroleum Gas Commission, has Large and Small Coastal Shark Commercial Season Opening exercised the emergency provision in accordance with R.S. 4 9:953(B) of the Administrative Procedure Act, to adopt LAC In accordance with the emergency provisions of R.S. 49:9 55:IX:181.F as authorized by R.S. 40:1846(A)-(C). The Dep 53, which allows the Department of Wildlife and Fisheries a artment of Public Safety and Corrections, Public Safety Serv nd the Wildlife and Fisheries Commission to use emergency ices, Liquefied Petroleum Gas Commission has found a need procedures to set finfish seasons, R.S. 56:6(25)(a) and R.S. 5 to supplement and expand a provision of the rules relative to 6:326.3 which provide that the Wildlife and Fisheries Comm Chapter 1, Subchapter I, Section 181 entitled “National Fire ission may set seasons for saltwater finfish, and the authority Protection Association Pamphlet Numbers 54 and 58”. Speci given to the secretary of the department by the commission i fically, clarification is necessary pursuant to the guidelines f n its rule LAC 76:VII.357.M.2 which allows the secretary to ound in section 11.7.4.3 of the NFPA 58-2008 edition, entitle establish seasons, the secretary of the Department of Wildlif d “Main Shutoff Valves on a Container”. e and Fisheries hereby declares: The public welfare dictates that emergency action is neces Effective 12:01 a.m., January 1, 2015, the commercial fi sary, particularly when a liquefied petroleum gas system is u shery for small coastal sharks, (bonnethead shark, Atlantic s sed as a motor fuel system on any school bus or mass transit harpnose shark, blacknose shark, and finetooth shark) in Lou vehicle, either public or private. Main shutoff valves on a co isiana waters as described in LAC 76:VII.357.B.2 will open ntainer for liquid and vapor should be readily accessible, wit and remain open until December 31, 2015, or the federally e hout the use of tools, or other equipment, to shut off the valv stablished quota is harvested or expected to be harvested, or e in the event of an emergency. A recent design of some cont the federal season for a species or species group in the Gulf ainers has a plate over the fuel shut off valves which requires of Mexico is closed, and the secretary is requested by NOAA a tool to remove the plate. However, the valves are equipped Fisheries to take action to enact consistent seasonal regulatio with electrical devices that allow the valves to be closed in t ns. The small coastal shark group consists of includes the co he driver compartment. The location of the valve is not limit mmercial fisheries for blacknose and non-blacknose sharks, ed as long as the use of tools is not required. both of which are managed under separate quotas within the These changes shall be implemented immediately to preve group. nt a threat to the health, safety, and welfare of the citizens of Effective 12:01 a.m., January 1, 2015, the commercial fish the state of Louisiana. This Emergency Rule shall become ef ery for non-sandbar large coastal sharks (great hammerhead, fective upon the signature of the executive director on Nove scalloped hammerhead, smooth hammerhead, nurse shark, bl mber 20, 2014 and be in effect for the maximum period allo acktip shark, bull shark, lemon shark, silky shark, spinner sh wed under the Act or until adoption of the final Rule, whiche ark, and tiger shark) in Louisiana waters as described in LA ver occurs first. C 76:VII.357.B.2 will open and remain open until the federa Title 55 lly established quota is harvested or expected to be harvested, PUBLIC SAFETY or the federal season for a species or species group in the G Part IX. Liquefied Petroleum Gas ulf of Mexico is closed, and the secretary is requested by NO Chapter 1. General Requirements AA Fisheries to take action to enact consistent seasonal regul Subchapter I. Adoption of Standards ations. §181. National Fire Protection Association Pamphlet N Louisiana has a fixed closed season for the commercial an umbers 54 and 58 d recreational harvest of all sharks from April 1 through June A. - E.15. … 30 of each year for protection of pupping and nursery areas, F. Pursuant to 11.7.4.3, NFPA 58-2008 edition, main shu which we believe appropriate to maintain for conservation p t off valves on a container, the provisions shall be considered urposes. compliant in the state of Louisiana if the main shutoff valves Effective with these openings, properly licensed and permi are equipped with a code compliant electrical system which tted persons may commercially harvest, possess, and sell sm allows the valves to be closed from a control in the driver’s c all coastal sharks and non-sandbar large coastal sharks wheth ompartment. er taken from within or without Louisiana waters in complia

75 Louisiana Register Vol. 40, No. 12 December 20, 2014 nce with the rules as set forth by the National Marine Fisheri This Emergency Rule is effective on the third Monday in es Service for federal waters, and by the Louisiana Wildlife a December. nd Fisheries Commission. Only properly licensed and permit ted dealers may purchase small coastal sharks and non-sandb Billy Broussard ar large coastal sharks during the open season. The fishery fo Chairman r both small coastal sharks and non-sandbar large coastal sha 1412#080 rks in Louisiana state waters will be closed from April 1 thro ugh June 30. The secretary has been notified by the National Marine Fis DECLARATION OF EMERGENCY heries Service that the season for commercial harvest of sma Department of Wildlife and Fisheries ll coastal sharks in the federal waters of the Gulf of Mexico Wildlife and Fisheries Commission will open on January 1, 2015 and that the commercial fisher y for non-sandbar large coastal sharks in the federal waters o Recreational and Commercial Fisheries Reopenings f the Gulf of Mexico will open on January 1, 2015. In accordance with the emergency provisions of R.S. 49:9 Robert Barham 53 of the Administrative Procedure Act, which allows the Wi Secretary ldlife and Fisheries Commission to adopt rules on an emerge 1412#082 ncy basis when delay would result in imminent peril to the p DECLARATION OF EMERGENCY ublic health, safety, or welfare and a Declaration of Emergen cy adopted by the Wildlife and Fisheries Commission on Jun Department of Wildlife and Fisheries e 5, 2014 which grants authority to the secretary to open, clo Wildlife and Fisheries Commission se, reopen-reclose, broaden or otherwise modify the areas cl osed and opened to fishing if biological, environmental and t Partial Closure of State Outside Waters to Shrimping echnical data indicate the need to do so, the secretary hereby opens commercial fishing and recreational fishing in the foll In accordance with the emergency provisions of R.S. 49:9 owing portions of state waters: 53 of the Administrative Procedure Act, and under the author Commercial Fishing: ity of R.S. 56:497, which provides that the Wildlife and Fish That portion of state outside waters extending seawar eries Commission shall have the authority to open or close st d a distance of one-quarter mile from the shoreline from the ate outside waters to shrimping by zone each year as it deem southwestern shore of Grand Terre Island 2 (East Grand Terr s appropriate and; may delegate to the secretary of the Depar e) at -89 degrees 54 minutes 04 seconds west longitude; then tment of Wildlife and Fisheries this authority, the Wildlife an ce eastward along the shoreline to the southeastern shore of d Fisheries Commission hereby authorizes the secretary to cl Grand Terre Island 2 at -89 degrees 51 minutes 39 seconds w ose to shrimping all or parts of state outside waters where sig est longitude; thence eastward along 29 degrees 18 minutes nificant numbers of small, sublegal size white shrimp are fou 46 seconds north latitude to -89 degrees 51 minutes 19 secon nd in biological samples conducted by the department and to ds west longitude; and, that portion of state outside waters ex reopen any area closed to shrimping when the closure is no l tending seaward a distance of one-quarter mile from the shor onger necessary following notification to the chairman of the eline from the eastern shore of Grand Terre Island westward Wildlife and Fisheries Commission. The commission also he to the western shore of Grand Terre Island; and, that portion reby authorizes the secretary of the Department of Wildlife a of state outside waters extending seaward a distance of one-q nd Fisheries to open and close special shrimp seasons in any uarter mile from the western shore of Caminada Pass at -90 portion of state inside waters where such a season would not degrees 02 minutes 46.597 seconds west longitude westward detrimentally impact developing brown shrimp populations f to the eastern shore of Belle Pass at -90 degrees 13 minutes ollowing notification to the chairman of the Wildlife and Fis 30 seconds west longitude. heries Commission. Recreational Fishing: R.S. 56:498 provides that the possession count on saltwate These waters were previously closed to all recreationa r white shrimp for each cargo lot shall average no more than l fishing except for recreational and charterboat angling. 100 (whole specimens) count per pound except during the ti That portion of state outside waters extending seawar me period from October 15 through the third Monday in Dec d a distance of one-quarter mile from the shoreline from the ember. Historical data indicate that significant numbers of s southwestern shore of Grand Terre Island 2 (East Grand Terr maller size white shrimp occupying coastal lakes and bays m e) at -89 degrees 54 minutes 04 seconds west longitude; then igrate into these waters as water temperatures drop in conjun ce eastward along the shoreline to the southeastern shore of ction with the onset of winter. This action is being taken to p Grand Terre Island 2 at -89 degrees 51 minutes 39 seconds w rotect these small white shrimp and provide them the opport est longitude; thence eastward along 29 degrees 18 minutes unity to grow to a larger and more valuable size. 46 seconds north latitude to -89 degrees 51 minutes 19 secon ds west longitude; and, that

Louisiana Register Vol. 40, No. 12 December 20, 2014 76 portion of state outside waters extending seaward a di This Declaration of Emergency shall become effective on stance of one-quarter mile from the shoreline from the easter e-half hour before sunrise December 10, 2014 and shall rem n shore of Grand Terre Island westward to the western shore ain in effect for the maximum period allowed under the Adm of Grand Terre Island; and, that portion of state outside wate inistrative Procedure Act, or until rescinded by the secretary. rs extending seaward a distance of one-quarter mile from the western shore of Caminada Pass at -90 degrees 02 minutes 4 Robert Barham 6.597 seconds west longitude westward to the eastern shore Secretary of Belle Pass at -90 degrees 13 minutes 30 seconds west lon 1412#083 gitude.

77 Louisiana Register Vol. 40, No. 12 December 20, 2014 Rules

RULE une 2013), LR 39:2441 (September 2013), LR 40:1313 (July 2014), LR 40:2507 (December 2014). Board of Elementary and Secondary Education Chapter 5. Inclusion in Accountability §515. State Assessments and Accountability Bulletin 111―The Louisiana School, District, and A. Louisiana students in grades 3-8 will participate in at l State Accountability System (LAC 28:LXXXIII.301, 515, east one of the following state assessments on an annual basi 519, 703, 705, 707, 3901, 3903, 3905, and 4310) s: 1. LEAP; or In accordance with R.S. 49:950 et seq., the Administrative 2. iLEAP; or Procedure Act, the Board of Elementary and Secondary Edu 3. LEAP Alternate Assessment Level 1 (LAA 1). cation adopted revisions to Bulletin 111―The Louisiana Sch B. Louisiana students in grades 9, 10, 11, and 12 will par ool, District and State Accountability System: §301, School ticipate in at least one of the following state assessments on Performance Score Goal; §515, State Assessments and Acco an annual basis: untability; §519, Inclusion of Schools; §703, Inclusion of St 1. EOC (when they are enrolled in the course for whic udents in the Subgroup Component; §705, AMO; §707, Safe h a test is available); Harbor; §3901, Assessment of Students with Disabilities; §3 2. GEE (only for repeating testers); 903, LEAP Alternate Assessment Participation Criteria; §39 3. LEAP Alternate Assessment Level 1 (LAA 1); 05, Inclusion of Alternate Assessment Results; and §4310, S 4. EXPLORE in grade 9; ubgroup Component AYP (Adequate Yearly Progress). The p 5. PLAN in grade 10; roposed revisions remove the use of the Louisiana Alternate 6. ACT in grade 11 or 12. Assessment 2 (LAA 2) results in the district and school acco C. - G. … untability formula. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Title 28 10.1. EDUCATION HISTORICAL NOTE: Promulgated by the Board of Elementar Part LXXXIII. Bulletin 111―The Louisiana School, y and Secondary Education, LR 29:2741 (December 2003), amende District, and State Accountability System d LR 31:2422 (October 2005), LR 32:1022 (June 2006), LR 33:253 Chapter 3. School Performance Score Component (February 2007), LR 36:1990 (September 2010), LR 37:2119 (July 2011), LR 38:1212 (May 2012), LR 38:3107 (December 2012), LR §301. School Performance Score Goal 39:2443 (September 2013), LR 40:2507 (December 2014). A. - B. … §519. Inclusion of Schools C. Preliminary school performance scores shall be releas A. All K-8 schools shall have a minimum of 40 testing u ed in the summer for schools that receive a letter grade of F. nits in any combination of LEAP, iLEAP, or LAA 1 assessm Final accountability results shall be issued by the fall semest ents. er of each year and all accountability reports will reflect the B. All 9-12 and combination schools shall have a minim configuration of the school as it existed the prior spring sem um number of 40 units in any combination of graduation coh ester. ort membership and LEAP, iLEAP, LAA 1, or EOC assessm 1. For K-7 schools, the school performance score will ents. consist entirely of one index based on assessments and progr C. - D. … ess points listed in the table below. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 2. For K-8 schools, the school performance score will 10.1. consist of an assessment index, dropout/credit accumulation HISTORICAL NOTE: Promulgated by the Board of Elementar index, and progress points. y and Secondary Education, LR 29:2741 (December 2003), amende d LR 31:1512 (July 2005), LR 32:1022 (June 2006), LR 34:431 (M K-8 School Performance Score Indices and Weights arch 2008), LR 36:1991 (September 2010), LR 38:3108 (December LEAP, iLEAP, and LAA 1 Grades K-7 100 percent 2012), LR 40:2507 (December 2014). Grades K-8 95 percent Chapter 7. Subgroup Component Dropout/Credit Accumulation Index Grade 8 5 percent §703. Inclusion of Students in the Subgroup Compone Progress Points Grades 3-8 Up to 10 points nt A. - B. … C.3. - D.4.a. … C. Each subgroup (African American, American Indian/ AUTHORITY NOTE: Promulgated in accordance with R.S. 17 10.1. Alaskan Native, Asian, Hispanic, white, multi-racial, Pacific HISTORICAL NOTE: Promulgated by the Board of Elementar Islander, economically disadvantaged, limited English profic y and Secondary Education, LR 29:2737 (December 2003), amende ient, students with disabilities, and all students) within each s d LR 31:1512 (July 2005), LR 32:1017 (June 2006), LR 32:2034, 2 chool shall be evaluated separately on ELA and mathematics 035 (November 2006), LR 33:424 (March 2007), LR 33:2349 (Nov Students who are identified as Hispanic in one or more subg ember 2007), LR 33:2593 (December 2007), LR 34:430 (March 20 roup categories will be included in the Hispanic subgroup. 08), LR 35:639 (April 2009), LR 36:1987 (September 2010), LR 38 3105 (December 2012), LR 39:305 (February 2013), LR 39:1421 (J

Louisiana Register Vol. 40, No. 12 December 20, 2014 78 1. In calculating the subgroup component for a school: §707. Safe Harbor a. the alternate academic achievement standards for A. - D. … students participating in LAA 1 will be used, provided that t E. English language arts and mathematics test results fro he percentage of proficient LAA 1 students at the district lev m grades 3-8 and 10 LEAP, iLEAP, and LAA 1 will be used el does not exceed 1.0 percent of all students in the grades as to calculate the reduction of non-proficient students in safe h sessed. If the district exceeds the 1.0 percent proficient cap, t arbor. he district shall request a waiver. The students exceeding the AUTHORITY NOTE: Promulgated in accordance with R.S. 17 cap shall be assigned a zero on the assessment and be consid 10.1. ered non-proficient if: HISTORICAL NOTE: Promulgated by the Board of Elementar i. the district fails to request the waiver; or y and Secondary Education, LR 29:2743 (December 2003), amende d LR 32:1025 (June 2006), LR 33:253 (February 2007), LR 33:259 ii. if the district requests the waiver but it is deter 4 (December 2007), LR 38:1213 (May 2012), LR 38:2357 (Septem mined by LDE that ineligible students were administered LA ber 2012), LR 38:3110 (December 2012), LR 40:2508 (December 2 A 1; 014). b. - b.ii. Repealed. Chapter 39. Inclusion of Students with Disabilities c. when calculating the 1 percent cap for alternate a §3901. Assessment of Students with Disabilities ssessment purposes, all decimals in results shall be rounded t A. All students, including those with disabilities, shall pa o the next highest whole number; rticipate in Louisiana's testing program. The scores of all stu i. 1.0 percent of 628 students is 6.28 students. Th dents who are eligible to take the LEAP, iLEAP, EOC assess e 1.0 percent cap, in this instance, is 7 students. ments, ACT, PLAN, EXPLORE, or LAA 1 shall be included 2. Students participating in LAA 1 shall be included in in the calculation of the SPS. Most students with disabilities the special education subgroup. shall take the assessments with accommodations, if required AUTHORITY NOTE: Promulgated in accordance with R.S. 17 by their individualized education program (IEP). 10.1. 1. Only students with significant cognitive disabilities HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 29:2743 (December 2003), amende are eligible to participate in LEAP Alternate Assessment Lev d LR 30:1619 (August 2004), repromulgated LR 30:1996 (Septemb el 1 (LAA 1) as defined by the LEAP Alternate Assessment er 2004), amended LR 30:2256 (October 2004), amended LR 30:24 Level 1 participation criteria. 45 (November 2004), LR 31:912 (April 2005), LR 31:2762 (Nove AUTHORITY NOTE: Promulgated in accordance with R.S. 17 mber 2005), LR 33:253 (February 2007), LR 34:428 (March 2008), 10.1. LR 34:867 (May 2008), LR 36:1991 (September 2010), LR 37:211 HISTORICAL NOTE: Promulgated by the Board of Elementar 9 (July 2011), LR 38:3110 (December 2012), LR 40:2507 (Decemb y and Secondary Education, LR 29:2754 (December 2003), amende er 2014). d LR 31:2763 (November 2005), LR 36:1994 (September 2010), L §705. AMO R 38:3115 (December 2012), LR 40:2508 (December 2014). A. The annual measurable objective (AMO) is the percen §3903. LEAP Alternate Assessment Participation Criter t of students required to reach the proficient level in a given ia year on the standards-based assessments. Beginning in 2015, A. A student participating in LEAP Alternate Assessment English language arts and mathematics test results from grad Level 1 shall progress toward a certificate of achievement. es 3-8 LEAP, iLEAP, high school EOC algebra I and English B. Students with disabilities participating in the LEAP Al II, and LAA 1 will be used to calculate the percent proficient ternate Assessment Level 1 (LAA 1) must meet specific parti for the subgroup component (for schools and districts). cipation criteria as stated in Bulletin 1530―Louisiana's IEP B. As required in NCLB, the AMOs have been establishe Handbook for Students with Disabilities. d based on the baseline percent proficient score (proficient = AUTHORITY NOTE: Promulgated in accordance with R.S. 17 CRT level of basic, mastery, or advanced) in English-langua 10.1. HISTORICAL NOTE: Promulgated by the Board of Elementar ge arts and mathematics in the 20th percentile school, using t y and Secondary Education, LR 29:2754 (December 2003), amende he 2002 CRT test scores in ELA and mathematics for grades d LR 31:2763 (November 2005), LR 40:2508 (December 2014). 4, 8, and 10. §3905. Inclusion of Alternate Assessment Results 1. For proficiency levels see chart below. A. All SPS shall include LAA 1 scores. B. Each LAA 1 exam will be assigned one of three perfo Proficiency rmance levels (exceeds standard, meets standard, working to LEAP/iLEAP Basic, Mastery, Advanced EOC Good, Excellent ward standard) and each performance level will be assigned LAA 1 Meets or Exceeds Standard points for use in assessment index calculations as follows.

C. - E. … LAA 1 Performance Level Assessment Points AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Exceeds Standard 150 10.1. Meets Standard 100 Working Toward Standard 0 HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 29:2743 (December 2003), amende d LR 33:253 (February 2007), LR 38:2357 (September 2012), LR 4 0:2508 (December 2014).

79 Louisiana Register Vol. 40, No. 12 December 20, 2014 1. Students scoring meets standard or exceeds standar 5. Subgroups shall pass the participation rate test and d on a LAA 1 exam will be considered proficient in subgrou either the AMO status test; or the safe harbor test in order to p component calculations. be considered as having passed the subgroup/component. 2. Students taking LAA 1 exams shall be included in a C. - E.2.b. … ccountability calculations at the grade level in which they ar * * * e enrolled in the student information system (SIS). AUTHORITY NOTE: Promulgated in accordance with R.S. 17 C. Students participating in LEAP Alternate Assessment 10.1. Level 1 (LAA 1) will be assigned scores of zero in SPS com HISTORICAL NOTE: Promulgated by the Board of Elementar ponent calculations and scores of non-proficient in subgroup y and Secondary Education, LR 30:1447 (July 2004), amended LR 30:2446 (November 2004), LR 31:424 (February 2005), LR 31:633 component calculations if they do not meet the specific parti (March 2005), LR 31:913 (April 2005), LR 32:1029 (June 2006), a cipation criteria as stated in Bulletin 1530Louisiana's IEP mended LR 33:635 (April 2007), LR 34:429 (March 2008), LR 34: Handbook for Students with Disabilities. 868 (May 2008), LR 36:1994 (September 2010), LR 40:2509 (Dece AUTHORITY NOTE: Promulgated in accordance with R.S. 17 mber 2014). 10.1. HISTORICAL NOTE: Promulgated by the Board of Elementar Kimberly Tripeaux y and Secondary Education, LR 29:2754 (December 2003), amende Interim d LR 30:767 (April 2004), LR 31:2763 (November 2005), LR 33:2 1412#019 54 (February 2007), LR 35:2031 (October 2008), LR 35:640 (April 2009), LR 35:641 (April 2009), LR 38:3115 (December 2012), LR RULE 40:2508 (December 2014). Chapter 43. District Accountability Board of Elementary and Secondary Education §4310. Subgroup Component AYP (Adequate Yearly Pr ogress) Bulletin 118―Statewide Assessment Standards and A. - B.2. … Practices (LAC 28: CXI.107, 303, 305, 309, 312, 313, 3. Each subgroup (African American, American India 316, 319, 701, 1301, 1803, 2000, 2001, 2003, 2011, n/Alaskan Native, Asian, Hispanic, white, economically disa 2012, 2013, 2014, 2015, 2016, 2035, 2037, 2039, dvantaged, limited English proficient, students with disabiliti 2501, 2901, 3303, and 3501) es, and all students) within each district shall be evaluated se parately on ELA and mathematics. In calculating the subgro In accordance with R.S. 49:950, et seq., the Administrativ up component for a district: e Procedure Act, the Board of Elementary and Secondary Ed a. the alternate academic achievement standards for ucation adopted revisions to Bulletin 118―Statewide Assess students participating in LAA 1 will be used, provided that t ment Standards and Practices §107. Assessment Programs, he percentage of proficient LAA 1 students does not exceed §303. Definitions; §305. Test Security Policy; §309. Erasu 1.0 percent of all students in the grades assessed. If the distri re Analysis; §312. Administrative Error §313. Viewing Answ ct exceeds the 1.0 percent proficient cap, the district shall re er Documents; §316. Cell Phones and Other Electronic Devi quest a waiver. The students exceeding the cap shall be assig ces; §319. E-mail Addresses for Nonpublic and Public Schoo ned a zero on the assessment and be considered non-proficie l Test Coordinators; §701. Overview of Assessment Program nt if: s in Louisiana; §1301. Introduction; §1803. Introduction; §2 i. the district fails to request the waiver; or 000. Sunset Provision; §2001. Introduction; §2003. Participa ii. the district requests the waiver but it is determi tion Criteria; §2011. Grade 4 Achievement Level Descriptors; ned by LDE that ineligible students were administered LAA §2012. Grade 5 Achievement Level Descriptors; §2013. Gra 1; de 6 Achievement Level Descriptors; §2014. Grade 7 Achiev b. students participating in LAA 1 shall be included ement Level Descriptors; §2015. Grade 8 Achievement Leve in the special education subgroup; l Descriptors; §2016. Grade 9 Achievement Level Descriptor c. LEP students shall participate in the statewide ass s; §2035. LAA 2 Administration Rules; §2037. Summer Rete essments; st Administration; §2039. LAA 2 Transfer Students; §2501. i. scores shall not be included in AMO or improv General Provisions; §2901. General Provisions; §3303. Spec ement in percent proficient calculations for LEP students wh ial Education Students; and §3501. Approved Home Study P o have not been enrolled in an English-speaking school for o rogram Students. The proposed revisions update security and ne full school year; other testing policies. The proposed revisions also sunset the d. when calculating the 1 percent cap for alternate a administration of the Louisiana Alternate Assessment 2 (LA ssessment purposes, all decimals in results shall be rounded t A 2) in grades 4-8 and phase out the LAA 2 assessment in hi o the next highest whole number; gh school. i. 1.0 percent of 1341 students is 13.41 students. Title 28 The 1.0 percent cap, in this instance, is 14 students. EDUCATION 4. Subgroups shall consist of: Part CXI. Bulletin 118―Statewide Assessment Standards a. at least 10 students in order to be evaluated for th and Practices e subgroup component; Chapter 1. General Provisions b. at least 40 students in order to be evaluated for th §107. Assessment Programs e 95 percent participation rate. A. - E. … F. LEAP Alternate Assessment; Level 2 (LAA 2). The L AA 2 is a criterion-referenced assessment; which is based on

Louisiana Register Vol. 40, No. 12 December 20, 2014 80 modified academic achievement standards that allow student i. conduct testing in environments that differ from t s with persistent academic disabilities who are served under t he usual classroom environment (excluding computer labs us he Individuals with Disabilities Education Improvement Act ed for online testing) without prior written permission from t (IDEA) to participate in academic assessments that are sensit he LDE, Division of Standards, Assessments, and Accountab ive to measuring progress in their learning. The last administ ility except for the purpose of providing accommodations; ration of LAA 2 assessment in grades 3-8 will occur in the a j. - k. … cademic year 2013-2014. 4. Each school district as described in this policy shall G. - N. … develop and adopt a district test security policy and procedur AUTHORITY NOTE: Promulgated in accordance with R.S. 17 es for handling emergencies during online testing that is in c 24.4. ompliance with the state's test security policy. A copy of the HISTORICAL NOTE: Promulgated by the Department of Educ policy and a Statement of Assurance regarding the LEA's tes ation, Board of Elementary and Secondary Education, LR 31:1526 t security policy must be submitted annually to the LDE, Div (July 2005), amended LR 32:233 (February 2006), LR 33:255 (Feb ruary 2007), LR 36:477 (March 2010), LR 40:2509 (December 201 ision of Assessments and Accountability. This statement mus 4). t include the name of the individual designated by the distric Chapter 3. Test Security t superintendent or institution to procure test material. The p §303. Definitions olicy shall provide: Access—access to secure test materials means physically a. for the security of the test materials during testing handling the materials, not reading, reviewing, or analyzing t including test booklets, answer documents, student log-in in est items or student responses, either before, during, or after formation, supplementary secure materials, videotapes, and c testing, except where providing approved accommodations. ompleted observation sheets; Secure Materials―test materials that contain test items or b. - f. … student responses and to which access is restricted. Secure te g. procedures for the investigation of any missing te st materials include: st booklets, answer documents, student log-in information, o 1. student test booklets; r supplementary secure material; 2. student answer documents; h. - i. … 3. student log-in information; and j. starting with the 2014–2015 school year, procedu 4. any other materials that contain test items or studen res to code testing materials at no more than two secure centr t responses. al locations and to house the testing materials at the central l Testing Irregularity―any incident in test handling or admi ocations until no more than three working days prior to test a nistration that leads to a question regarding the security of th dministration, to the extent practicable; e test or the accuracy of the test data. k. procedures for monitoring of test sites to ensure t AUTHORITY NOTE: Promulgated in accordance with R.S. 17 hat appropriate test security procedures are being followed a 81.6 et seq., R.S. 416 et seq., and R.S. 441 et seq. nd to observe test administration procedures. HISTORICAL NOTE: Promulgated by the Department of Educ 5. - 7. … ation, Board of Elementary and Secondary Education, LR 31:1528 8. Test materials, including all test booklets, answer d (July 2005), amended LR 34:65 (January 2008), LR 40:2510 (Dece ocuments, student log-in information, and supplementary sec mber 2014). ure materials containing secure test questions, shall be kept s §305. Test Security Policy ecure and accounted for in accordance with the procedures s A. The state Board of Elementary and Secondary Educati pecified in the test administration manuals and other commu on holds the test security policy to be of utmost importance a nications provided by the LDE. Secure test materials include nd deems any violation of test security to be serious. The test test booklets, answer documents, student log-in information, security policy follows. and any supplementary secure materials. 1. - 2.d.… 9. Procedures described in the test manuals shall inclu e. type 2 and type 5 charter schools; de, but are not limited to, the following. f. Louisiana School for Math, Science, and the Arts; a. All test booklets, answer documents, student log- and in information, and supplementary secure materials must be g. participating nonpublic/other schools that utilize t kept in a designated locked secure storage area prior to and a ests administered through the SBESE or the LDE. fter administration of any test. 3. It shall be a violation of test security for any person i. … to do any of the following: b. All test booklets, answer documents, student log- a. - c. … in information, and supplementary secure materials must be d. at any time, copy, reproduce, record, store electro accounted for and written documentation kept by test admini nically, discuss or use in a manner inconsistent with test regu strators and proctors for each point at which test materials ar lations all or part of any secure test item, test booklet, answe e distributed and returned. r document, or supplementary secure materials; c. - h. … e. - g. … 10. The LDE shall establish procedures to identify: h. fail to follow security regulations for distribution a. improbable achievement of test score gains; and return of secure test booklets, answer documents, studen b. - d. … t log-in information, supplementary secure materials as well e. any violation to written composition or open-end as overages as directed; or fail to account for and secure test ed responses (including electronic submissions) that involve materials before, during, or after testing; s plagiarism;

81 Louisiana Register Vol. 40, No. 12 December 20, 2014 10.f. - 14.… i. LEAPweb Reporting System User Access. At t a. The LEAPdata Query system is designed for teac he school level, only principals (not teachers) and their desig hers and contains students’ private information, including sta nated school personnel (test coordinators, counselors, or offi te test scores and state identification numbers. The system is ce staff with whom the principal shares his/her PIN) should password protected and requires a user ID and an assigned p have access to the system and must sign a confidentiality agr assword for access. The system is not for public use, and any eement. Signed confidentiality agreements are valid until the student information from the system must not be disclosed to DTC receives notification that the confidentiality agreement anyone other than a state, district, or school official as define available online has been revised. A new confidentiality agre d by the Family Educational Rights and Privacy Act of 1974 ement should be signed by all users each year after the new p (FERPA). A state, district, or school official is a person empl assword letters for schools and districts are automatically ge oyed by the state, district, or school as an administrator, supe nerated in August. If a breach in security occurs, principals s rvisor, district test coordinator, school test coordinator, princi hould immediately contact the DTC or the backup DTC for a pal, teacher, or principal's designated office staff. Such a use replacement password. Principals should always contact thei r must have a legitimate educational purpose to review an ed r DTC or backup DTC for assistance and training. ucational record in order to fulfill his/her professional respon ii. EOC Tests Online Assessment System User Ac sibility. Curiosity does not qualify as a right to know. State, d cess. At the school level, only school test coordinators, teach istrict and school officials who are granted a password to the ers, and test administrators participating in a given administr se systems must abide by FERPA law. Disclosure of passwor ation should have access to the system and must sign a confi ds to anyone other than those authorized is prohibited. Discl dentiality agreement. A new confidentiality agreement shall osure of a student’s data to their parent or guardian must be i be signed by all users each year after the new password letter n accordance with FERPA. For more information on FERPA, s for schools and districts are automatically generated in Aug see the U.S. Department of Education web page at http://w ust. If a breach in security involving access to secure test sys ww.ed.gov /offices/OM/fpco/ferpa/. tems occurs, principals should immediately contact the DTC i. LEAPdata Query System User Access. Princip or the backup DTC for a replacement password. Principals s als should contact their DTC or backup DTC for assistance i hould always contact their DTC or backup DTC for assistanc n training teachers. After training, all school users (e.g., teac e and training. hers, counselors, test coordinators) must read and sign the co iii. Confidentiality agreements must also be signed nfidentiality agreement and return it to the principal. Signed by DTCs for the LEAPweb Reporting, EOC Tests Online As confidentiality agreements are valid until the DTC receives n sessment System, and LEAPdata Query Systems and returne otification that the confidentiality agreement available online d to the LDE. New signed agreements should be submitted t has been revised. A new confidentiality agreement should be o LDE when personnel changes are made within the district. signed by all users each year after the new password letters f Log-in information will not be issued until a signed agreeme or schools and districts are automatically generated in Augus nt is on file with the LDE. t. If a breach in security occurs, principals should immediatel c. … y contact the DTC or the backup DTC for a replacement pas i. EAGLE System User Access. Principals should sword. Principals should always contact their DTC or backu contact their district designee, DTC, backup DTC, or district p DTC for assistance and training. curriculum supervisor for assistance in training teachers. All b. The LEAPweb Reporting System and the End-of- users (e.g., teachers, counselors, test coordinators) must read Course Tests Online Assessment System are designed for ad and sign the confidentiality agreement and return it to the pri ministrators only and contains students' private information, ncipal. Signed confidentiality agreements are valid until the including state test scores and state identification numbers. T DTC receives notification that the confidentiality agreement he system is password protected and requires a user ID and a available online has been revised. A new confidentiality agre n assigned password for access. The systems are not for publ ement should be signed by all users each year after the new ic use and any student information from the system must not password letters for schools and districts are automatically g be disclosed to anyone other than a state, district, or school o enerated in August. Keep copies signed by all school users o fficial as defined by the Family Educational Rights and Priva n file at the school. If a breach in security occurs, principals cy Act of 1974 (FERPA). A state, district, or school official i should immediately contact the district designee, district test s a person employed by the state, district, or school as an ad coordinator, or backup district designee for a replacement pa ministrator, supervisor, district test coordinator, school test c ssword. Principals should always contact their district design oordinator, principal, and the principal's designated office sta ee, DTC, backup DTC, or district curriculum supervisor for ff. Such a user must have a legitimate educational purpose to assistance and training. review an educational record in order to fulfill his/her profes d. All users who have access to these systems and le sional responsibility. Curiosity does not qualify as a right to ave their positions at a district or school site must not use or know. State, district, and school users who are granted a pass share the password. word to this system must read and abide by Family and Educ 15. - 17. … ational Rights Privacy Act (FERPA). Disclosure of password AUTHORITY NOTE: Promulgated in accordance with R.S. 17 s to anyone other than those authorized is prohibited. Disclos 391.7 (C)(G). ure of a student's data to their parent or guardian must be in HISTORICAL NOTE: Promulgated by the Department of Educ accordance with FERPA. For more information on FERPA, s ation, Board of Elementary and Secondary Education, LR 31:1528 (July 2005), amended LR 32:233 (February 2006), LR 33:255 (Feb ee the U.S. Department of Education web page at http://ww ruary 2007), LR 33:424 (March 2007), LR 33:2033 (October 2007), w.ed.gov/offices/ OM/fpco/ferpa/. LR 34:65 (January 2008), LR 34:431 (March 2008), LR 34:1351 (J

Louisiana Register Vol. 40, No. 12 December 20, 2014 82 uly 2008), LR 35:217 (February 2009), LR 37:858 (March 2011), r phone or electronic device will be confiscated until assu epromulgated LR 37:1123 (April 2011), amended LR 38:747 (Marc rance can be evidenced that all traces of information, in print h 2012), LR 39:1018 (April 2013), LR 40:2510 (December 2014). image, or verbal form, have been removed from all local an §309. Erasure Analysis d cloud storage and that no such traces remain on the device. A. - A.5.… 2. If evidence exists on the cell phone or other electro 6. A summary report of erasure analysis irregularities nic device that indicates the device was used during the test will be presented to the SBESE after each test administration. administration and/or test material was recorded and/or trans AUTHORITY NOTE: Promulgated in accordance with R.S. 17 mitted, the student’s score is voided. 24 et seq. 3. Violation of the no cell phone or electronic device HISTORICAL NOTE: Promulgated by the Department of Educ ation, Board of Elementary and Secondary Education, LR 31:1530 Rule may result in discipline by the district in accordance wi (July 2005), amended LR 32:234 (February 2006), LR 33:257 (Feb th local policy. ruary 2007), LR 35:217 (February 2009), LR 35:443 (March 2009), AUTHORITY NOTE: Promulgated in accordance with R.S. 17 LR 40:2512 (December 2014). 24 et seq. §312. Administrative Error HISTORICAL NOTE: Promulgated by the Department of Educ A. - H. … ation, Board of Elementary and Secondary Education, LR 32:391 (March 2006), LR 40:2512 (December 2014). I. repealed §319. E-mail Addresses for Nonpublic and Public Scho AUTHORITY NOTE: Promulgated in accordance with R.S. 17 24 et seq. ol Test Coordinators HISTORICAL NOTE: Promulgated by the Department of Educ A. All designated school test coordinators for nonpublic ation, Board of Elementary and Secondary Education, LR 32:390 and public schools are required to provide the department wi (March 2006), amended LR 33:257 (February 2007), LR 34:66 (Jan th a valid work email address. Personal email addresses (Yah uary 2008), LR 34:1351 (July 2008), LR 35:218 (February 2009), L oo! Hotmail, Google, etc.) will not be accepted. R 36:967 (May 2010), LR 38:33 (January 2012), amended LR 38:7 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 48 (March 2012), LR 38:2358 (September 2012), LR 40:2512 (Dec 24. ember 2014). HISTORICAL NOTE: Promulgated by the Department of Educ §313. Viewing Answer Documents ation, Board of Elementary and Secondary Education, LR 39:74 (Ja A. … nuary 2013), LR 40:2512 (December 2014). B. The district test coordinator must send a written reque Chapter 7. Assessment Program Overview st to view the answer document to the LDE, Division of Ass §701. Overview of Assessment Programs in Louisiana essments and Accountability. The request must include: A. Norm-Referenced and Criterion-Referenced Testing P 1. … rograms Since 1986 2. the student's state identification number; Name of 3. … Assessment Assessment Administered Population 4. the type of assessment and the content area of the a Program nswer document or documents requested; and Kindergarten Screening B.5. - G. … Kindergarten AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Developmental 24 et seq. Readiness HISTORICAL NOTE: Promulgated by the Department of Educ Screening Program (KDRSP) Kindergarten fall 1987- ation, Board of Elementary and Secondary Education, LR 31:1532 Norm-Referenced Tests (NRTs) (July 2005), amended LR 32:234 (February 2006), LR 33:258 (Feb spring 1988- ruary 2007), LR 33:218 (February 2007), LR 40:2512 (December 2 California spring 1992 014). Achievement Test (no longer §316. Cell Phones and Other Electronic Devices (CAT/F) grades 4, 6, and 9 administered) A. If district and school policy allows for students and pe spring 1993- spring 1997 rsonnel to carry cell phones or other similar technological de California spring 1997 only vices with imaging or text-messaging capability, test adminis Achievement Test grades 4 and 6 (no longer trators must make certain that the devices are in the off positi (CAT/5) grade 8 administered) on while test booklets and answers documents are in the vici Iowa Tests of Basic Skills (ITBS) (form nity. L) and Iowa Tests 1. Except for devices required for approved accommo of Educational spring 1998 dations or online assessments, if a student is in possession of Development grades 4, 6, 8, 9, 10, (no longer and/or uses a cell phone or electronic device in any manner d (ITED) (form M) and 11 administered) spring 1999- uring the administration of a statewide test, the spring 2002 ITBS grades 3, 5, 6, and 7 (no longer ITED (form M) grade 9 administered) spring 2003- ITBS spring 2005 ITED grades 3, 5, 6, and 7 (no longer (form B) grade 9 administered) spring 2012-spring 2013 (no longer ITBS grade 2 administered)

83 Louisiana Register Vol. 40, No. 12 December 20, 2014 Name of Name of Assessment Assessment Assessment Administered Assessment Administered Population Population Program Program Criterion-Referenced Tests (CRTs) LAA 2 spring 2006- National ELA and (available for Assessment of Mathematics (Grade students who have Educational 10) entered a high school Progress (NAEP) grades 4, 8, and 12 spring 1990- Science and Social cohort in 13-14 or Louisiana spring 1989- Studies (Grade 11) grades 10 and 11 prior) Educational spring 1998 LAA 2 spring 2007-spring Assessment (no longer ELA and 2014 (no longer Program (LEAP) grades 3, 5, and 7 administered) Mathematics grades 5, 6, and 7 administered) spring 1989- LAA 2 spring 2010 spring 2003 (state ELA and (last administration administered) Mathematics grade 9 of grade 9 LAA 2) Graduation Exit fall 2003- LAA 2 spring 2008–spring Examination (district Science and Social 2014 (no longer (“old” GEE) grades 10 and 11 administered) Studies grades 4 and 8 administered) Louisiana Students with Educational Louisiana Alternate Individualized Assessment Assessment-B Education Programs spring 1999– Program (LEAP) (LAA-B) ["out-of- (IEPs) who met spring 2003 (ELA and level" test] eligibility criteria in (no longer Mathematics) grades 4 and 8 spring 1999- grades 3-11. administered) LEAP English Language Limited English spring 2005- (Science and Social Development Proficient (LEP) Studies) grades 4 and 8 spring 2000– Assessment students in grades K- Graduation Exit (ELDA) 12 Examination (GEE) spring 2001-fall 2014 Academic Skills Students pursuing a (ELA and (district Assessment (ASA) State-Approved spring 2012 Mathematics) grade 10 administered) and ASA LAA 2 Skills Certificate (one administration GEE spring 2002-fall 2014 form (SASC) or GED only, spring 2012) (Science and Social (district Studies) grade 11 administered) B. … End-Of-Course AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Tests (EOCT) Algebra I fall 2007- 24.4. EOCT English II fall 2008- HISTORICAL NOTE: Promulgated by the Board of Elementar EOCT Geometry fall 2009- y and Secondary Education, LR 31:1534 (July 2005), amended LR EOCT Biology fall 2010- 32:235 (February 2006), LR 34:66 (January 2008), LR 34:1352 (Jul Applied Algebra I spring 2011- y 2008), LR 35:218 (February 2009), LR 36:967 (May 2010), LR 3 EOCT form summer 2013 7:858 (March 2011), LR 38:34 (January 2012), LR 39:74 (January EOCT English III fall 2011- EOCT U. S. History fall 2012- 2013), LR 39:1019 (April 2013), LR 40:2512 (December 2014). EXPLORE grades 8 and 9 spring 2013 Chapter 13. Graduation Exit Examination PLAN grade 10 spring 2013 Subchapter A. General Provisions ACT grade 11 spring 2013 §1301. Introduction Integrated NRT/CRT A. … Integrated Louisiana Educational B. The last statewide administration was in the summer o Assessment f 2014. The testing program then became the responsibility o Program (iLEAP) grades 3, 5, 7, and 9 spring 2006- f the school districts, with the tests to be administered by the spring 2010 district. (last administration iLEAP grade 9 of grade 9 iLEAP) C. The GEE tests are to be administered by the district te Special Population Assessments st coordinators each year in October and April, as indicated o Students with n the statewide testing schedule, to former high school stude Individualized nts who have earned Carnegie units but still need to pass the Louisiana Alternate Education Programs GEE to earn a high school diploma. Students are required to Assessment, Level 1 (IEPs) who meet participation criteria take only those parts of the GEE in which they did not attain (LAA 1) in grades 3–11 spring 2000-2007 the required performance standards. ELA and D. All students who were enrolled in tenth grade for the f Mathematics (grade irst time in 2001-2002 through the 2010-2011 may be admin spans 3-4; 5-6; 7-8; 9-10); Science istered the test twice a year. There is no age limit for student LAA 1 (grades 4, 8, and 11) Revised spring 2008- s who request a retest with GEE, nor is there a limit on the n LAA 1 spring 2010 umber of times the student may retake the test. ELA and (last administration E. If the student was issued a GED or HISET and later p Mathematics grade 9 of grade 9 LAA 1) Louisiana Alternate spring 2006-spring asses the GEE, the student may surrender the GED or HISE Assessment, Level 2 2014 (no longer T diploma and be issued a standard high school diploma. (LAA 2) administered) AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ELA and 24.4 (F) (1)(c). Mathematics HISTORICAL NOTE: Promulgated by the Department of Educ (Grades 4 and 8 grades 4, and 8 ation, Board of Elementary and Secondary Education, LR 31:1548

Louisiana Register Vol. 40, No. 12 December 20, 2014 84 (July 2005), amended LR 32:236 (February 2006), LR 40:2513 (De mended by the Board of Elementary and Secondary Education, LR cember 2014). 36:978 (May 2010), repealed LR 40:2514 (December 2014). Chapter 18. End-of-Course Tests §2013. Grade 6 Achievement Level Descriptors Subchapter B. General Provisions Repealed. §1803. Introduction AUTHORITY NOTE: Promulgated in accordance with R.S. 17 A. … 391.4(A). B. EOCT will assess student learning in the high school HISTORICAL NOTE: Promulgated by the Department of Educ courses: ation, State Board of Elementary and Secondary Education, Office of Student and School Performance, LR 33:2035 (October 2007), a 1. algebra I; mended by the Board of Elementary and Secondary Education, LR B.2. - G.5. … 36:979 (May 2010), repealed LR 40:2514 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 17 §2014. Grade 7 Achievement Level Descriptors 24.4. HISTORICAL NOTE: Promulgated by the Department of Educ Repealed. ation, Board of Elementary and Secondary Education, LR 35:214 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 (February 2009), LR 36:477 (March 2010), amended LR 38:35 (Jan 391.4(A). uary 2012), LR 40:2514 (December 2014). HISTORICAL NOTE: Promulgated by the Department of Educ ation, State Board of Elementary and Secondary Education, Office Chapter 20. LEAP Alternate Assessment, Level 2 of Student and School Performance, LR 33:2036 (October 2007), a Subchapter A. Background mended by the Board of Elementary and Secondary Education, LR §2000. Sunset Provision 36:979 (May 2010), repealed LR 40:2514 (December 2014). A. … §2015. Grade 8 Achievement Level Descriptors B. Beginning with the academic year 2014-2015, the LA Repealed. A 2 will no longer be administered in grades 4 through 8. Stu AUTHORITY NOTE: Promulgated in accordance with R.S. 17 391.4(A). dents who have entered a high school cohort prior to the 201 HISTORICAL NOTE: Promulgated by the Department of Educ 4-2015 academic year may participate in the high school LA ation, Board of Elementary and Secondary Education, LR 33:273 A 2 assessments for graduation purposes. (February 2007), amended by the Board of Elementary and Second AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ary Education, LR 33:2037 (October 2007), LR 34:2555 (Decembe 24.4 (F) (3) and R.S. 17:183.1-17:183.3. r 2008), repromulgated LR 35:60 (January 2009), amended LR 36: HISTORICAL NOTE: Promulgated by the Department of Educ 980 (May 2010), repealed LR 40:2514 (December 2014). ation, Board of Elementary and Secondary Education, LR 37:821 §2016. Grade 9 Achievement Level Descriptors (March 2011), LR 40:2514 (December 2014). Repealed. §2001. Introduction AUTHORITY NOTE: Promulgated in accordance with R.S. 17 A. … 391.4(A). B. - D. repealed HISTORICAL NOTE: Promulgated by the Department of Educ AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ation, State Board of Elementary and Secondary Education, Office 24.4 (F) (3) and R.S. 17:183.1-17:183.3. of Student and School Performance, LR 33:2038 (October 2007), b HISTORICAL NOTE: Promulgated by the Department of Educ y the Board of Elementary and Secondary Education, LR 36:980 ation, Board of Elementary and Secondary Education, LR 32:239 (May 2010), repealed LR 40:2514 (December 2014). (February 2006), amended LR 33:269 (February 2007), LR 40:251 Subchapter F. LAA 2 Assessment Structure 4 (December 2014). §2035. LAA 2 High School Assessment Administration Subchapter B. Target Population Rules §2003. Participation Criteria A. The LAA 2 high school assessments shall only be ava Repealed ilable for students entering a high school cohort prior to the Authority NOTE:Promulgated in accordance with R.S. 17 2014-2015 school year. Students who are transferring into a 24.4(F)(3) and R.S. 17:183.1–17:183.3. Louisiana public school district from an out-of-state school, HISTORICAL NOTE: Promulgated by the Department of Educ nonpublic school, or approved home study program who me ation, Board of Elementary and Secondary Education, LR 33:270 et LAA 2 Participation Criteria may participate in the LAA 2 (February 2007), repealed LR 40:2514 (December 2014). high school assessments if they entered the ninth grade in 20 Subchapter D. Achievement Level Descriptors 13-2014 or prior. §2011. Grade 4 Achievement Level Descriptors B. Students shall take the Algebra I or Geometry EOCT t Repealed. o be eligible for the LAA 2 mathematics exam, the English I AUTHORITY NOTE: Promulgated in accordance with R.S. 17 391.4(A). I or English III EOCT to be eligible for the LAA 2 English L HISTORICAL NOTE: Promulgated by the Department of Educ anguage Arts exam, the Biology EOCT for the LAA 2 Scien ation, Board of Elementary and Secondary Education, LR 33:271 ce exam, and the U.S. History EOCT for the LAA 2 Social S (February 2007), amended LR 34:2558 (December 2008), repromul tudies exam. gated LR 35:59 (January 2009), amended LR 35:219 (February 200 C. If a district holds “graduation” prior to the release of s 9), LR 36:978 (May 2010), repealed LR 40:2514 (December 2014). pring test scores, the LEA must have in place a policy for gra §2012. Grade 5 Achievement Level Descriptors duation without the test scores. Repealed. D. There is no ending age limit for students to retest in L AUTHORITY NOTE: Promulgated in accordance with R.S. 17 AA 2, nor is there a limit on the number of times the student 391.4(A). may retake the test. Students who no longer reside in the sch HISTORICAL NOTE: Promulgated by the Department of Educ ation, State Board of Elementary and Secondary Education, Office ool district where he/she completed Carnegie units may test i of Student and School Performance, LR 33:2033 (October 2007), a n the current school district of residence. The DTC shall for

85 Louisiana Register Vol. 40, No. 12 December 20, 2014 ward the passing test scores to the high school where the Car AUTHORITY NOTE: Promulgated in accordance with R.S. 17 negie units reside. 24 et seq. E. If a student was issued a GED diploma and subsequen HISTORICAL NOTE: Promulgated by the Department of Educ tly meets the requirements of the LAA 2, the student may sur ation, Board of Elementary and Secondary Education, LR 31:1557 (July 2005), amended LR 32:239 (February 2006), LR 34:1353 (Jul render the GED diploma and be issued a standard high schoo y 2008), LR 40:2515 (December 2014). l diploma. Chapter 29. Graduation Exit Examination F. When administrative errors are made in testing, the st ("Old" GEE) ate superintendent of education may determine how to reme §2901. General Provisions dy the error. A. - B. … AUTHORITY NOTE: Promulgated in accordance with R.S. 17 391.4(A). C. The GEE tests are to be administered by the district te HISTORICAL NOTE: Promulgated by the Department of Educ st coordinators each year in October and April, as indicated o ation, Board of Elementary and Secondary Education, LR 36:981 n the official statewide testing schedule, to former high scho (May 2010), LR 40:2514 (December 2014). ol students who have earned Carnegie units but still need to §2037. Summer Retest Administration pass the GEE to earn a high school diploma. Students are req A. Students who were enrolled in grades 10, 11, or 12 du uired to take only those parts of the GEE in which they did n ring the spring test administration and did not score approac ot attain the required performance standards. hing basic in the required LAA 2 tests are eligible for the su D. - E. … mmer retest administration. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 B. Students who were enrolled in grades 10, 11, or 12 in 24.4 (4) (a) and R.S. 17.7. public schools during the spring test administration but who HISTORICAL NOTE: Promulgated by the Department of Educ ation, Board of Elementary and Secondary Education, LR 31:1558 were absent during testing are eligible for the summer retest (July 2005), LR 40:2515 (December 2014). administration. Chapter 33. Assessment of Special Populations C. Students who enrolled in and attended grades 10, 11, §3303. Special Education Students or 12 after the spring test administration and before the close A. All special education students must participate in state of the regular academic year are eligible for the summer rete wide assessments. Students are to take the test that correspon st administration. ds to the grade in which they are enrolled. Special education D. Students who enroll in grades 10, 11, or 12 after the cl students who meet specific participation criteria as stated in ose of the regular academic year but did not attend public sc Bulletin 1530 Louisiana IEP Handbook for Students with Di hools during the academic year are not eligible for the summ sabilities and whose Individualized Education Plans (IEPs) i er retest administration. They must test during the fall retest ndicate they will participate in an alternate assessment may p administration. articipate in the LEAP Alternate Assessment, Level 1 (LAA AUTHORITY NOTE: Promulgated in accordance with R.S. 17 391.4(A). 1). The assessment in which the student is to participate and HISTORICAL NOTE: Promulgated by the Department of Educ any accommodations the student is to receive for instruction ation, Board of Elementary and Secondary Education, LR 36:982 and assessment must be documented annually on the progra (May 2010), LR 40:2515 (December 2014). m/services page of the student’s IEP. Test accommodations c §2039. LAA 2 Transfer Students annot be different from or in addition to the accommodations Repealed. indicated on the student’s IEP and provided in regular classr AUTHORITY NOTE: Promulgated in accordance with R.S. 17 oom instruction and assessment. 391.4(A). 1. … HISTORICAL NOTE: Promulgated by the Department of Educ 2. New accommodations or changes to an accommoda ation, Board of Elementary and Secondary Education, LR 36:982 tion for a statewide assessment shall, to the extent practicabl (May 2010), repealed LR 40:2515 (December 2014). e, be recorded on a student’s IEP form 30 days prior to the st Chapter 25. Field Testing art of testing. §2501. General Provisions AUTHORITY NOTE: Promulgated in accordance with R.S. 17 A. The purpose of field testing is to obtain data on test it 1945. ems that have been developed for a particular assessment. In HISTORICAL NOTE: Promulgated by the Department of Educ Louisiana, test items are developed and field tests conducted ation, Board of Elementary and Secondary Education, LR 31:1560 for the following assessments: (July 2005), amended by the Board of Elementary and Secondary E 1. … ducation, LR 32:239 (February 2006), LR 36:983 (May 2010), LR 2. Integrated LEAP (iLEAP); 38:37 (January 2012), LR 40:2515 (December 2014). 3. End-of-Course Tests (EOCT). Chapter 35. Assessment of Students in Special Circum B. LEAP field tests are conducted annually in designated stances content areas. §3501. Approved Home Study Program Students C. - C.2.f.iii. … A. Fourth grade students from state-approved home stud y programs who are seeking to enroll in grade 5 must meet p romotion standards on the grade 4 LEAP English Language Arts or the Mathematics test enroll in grade 5.

Louisiana Register Vol. 40, No. 12 December 20, 2014 86 B. Eighth grade students from state-approved home stud Title 28 y programs who are seeking to enroll in grade 9 must meet p EDUCATION romotion standards on the grade 8 LEAP English Language Part CXIII. Bulletin 119—Louisiana School Arts or the Mathematics test enroll in grade 9. Transportation Specifications and Procedures C. Students from state-approved home study programs h Chapter 3. Selection and Employment of School Bus ave the option of taking the grades 4 and 8 LEAP Science an Drivers and Attendants (Aides) d Social Studies tests. §301. Employment Requirements D. Students from state-approved home study programs m A. Any person hired or contracted to transport or assist i ay take the iLEAP tests in grades 3, 5, 6, and 7. n the transportation of students to and from school or school- E. Approved home study program students shall take the related activities must meet certain requirements. This applie test which is designated for the enrolled grade. s to full-time school bus drivers, substitute drivers, activity b F. A fee of up to $35, which covers actual costs of admin us drivers, and bus attendants. Mechanics, supervisors, or ot istering, scoring, and reporting the results of statewide assess her personnel who are licensed to drive school buses but do ment, may be charged. For students testing to enter the publi not actually transport students must fulfill the requirements o c school system, this fee shall be refunded upon the student’s f the commercial driver's license (CDL) statutes. They may n enrollment in that public school system the semester immedi ot otherwise be required to fulfill all requirements specified i ately following testing. The DTC shall return results to paren n this section. ts when results are returned to the public schools. B. - C. … G. Students enrolled in state-approved home study progr AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ams or non-public/non-scholarship schools are not eligible to 158, R.S. 17:160-161, R.S. 17:164-166, R.S. 17:168, and R.S. 32:5 participate in LAA 1, LAA 2, ELDA, EOC, or the state admi 2. nistration of EXPLORE, PLAN, WorkKeys or ACT. HISTORICAL NOTE: Promulgated by the Board of Elementar AUTHORITY NOTE: Promulgated in accordance with R.S. 17 y and Secondary Education, LR 25:628 (April 1999), amended LR 236.1-17.236.2, R.S. 17:6(A)(10)(11)(15), R.S. 17:10, R.S. 17:22 36:1467 (July 2010), LR 40:2516 (December 2014). (6), R.S. 17:391.1-17.391.10, and R.S. 17:411. §303. Certification of School Bus Drivers HISTORICAL NOTE: Promulgated by the Department of Educ A. - C.4. … ation, Board of Elementary and Secondary Education, LR 31:1563 5. Drivers must pass a physical and eye examination (July 2005), amended by the Board of Elementary and Secondary E meeting current CDL requirements annually. A copy of the e ducation, LR 32:240 (February 2006), LR 33:264 (February 2007), xamination record must be filed with the LEA transportation LR 36:983 (May 2010), LR 37:821 (March 2011), LR 39:1430 (Jun office before the beginning of each school year. More extens e 2013), LR 40:2515 (December 2014). ive and/or more frequent exams may be required by the LEA Head Start or private employer. All school bus drivers must Kimberly Tripeaux be certified as having normal use of both hands, both arms, b Interim oth feet, both legs and must possess normal or corrected visi 1412#021 on of 20/40 in both eyes, with a field of vision of at least 150 RULE degrees. They must have corrected or normal hearing, be fre e of communicable disease and of mental, emotion or functi Board of Elementary and Secondary Education onal disorders. a. After a heart attack or other serious illness, a certi Bulletin 119—Louisiana School ficate of health and permission to return to work from a licen Transportation Specifications and Procedures sed physician must be presented and filed with the transporta (LAC 28:CXIII.301, 303, 2303, and Chapter 25) tion office and maintained in the driver’s record. Local scho ol boards may require such certification, as well as all annual In accordance with R.S. 49:950 et seq., the Administrative physical examinations, to be approved by board-appointed p Procedure Act, the Board of Elementary and Secondary Edu hysicians, who also may be required to meet requirements of cation adopted revisions to Bulletin 119—Louisiana School the Federal Motor Carrier Safety Administration. Transportation Specifications and Procedures: §301, Emplo 6. Drivers must pass initial drug and alcohol screening yment Requirements; §303, Certification of School Bus Driv requirements and United States Department of Transportatio ers; §2303, Federal Motor Vehicle Safety Standards (FMVS n-directed random testing, as specified by the Federal Motor S); §2503, Purchase of School Buses; §2509, Used School B Carrier Safety Administration. More stringent requirements uses; and §2511, Life of a School Bus. These revisions align may be imposed by individual LEAs and/or private contract policy with requirements of Act 257 of the 2014 Regular Le ors. gislative Session. The revisions also include technical edits a C.7. - D. … nd clarify policy. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 158, R.S. 17:160-161, R.S. 17:164-166, R.S. 17:492, and 17:493.

87 Louisiana Register Vol. 40, No. 12 December 20, 2014 HISTORICAL NOTE: Promulgated by the Board of Elementar 2010), LR 37:3204 (November 2011), LR 40:2517 (December 201 y and Secondary Education, LR 25:630 (April 1999), amended LR 4). 36:1468 (July 2010), LR 39:80 (January 2013), LR 40:2516 (Dece §2511. Life of a School Bus mber 2014). A. School buses shall not exceed the age of 25 model yea Chapter 23. Bus Body Standards for School Buses rs (see Calculating the Age of School Buses, §3103). LEAs §2303. Federal Motor Vehicle Safety Standards (FMVS must be in compliance with this standard by January 2011. S) AUTHORITY NOTE: Promulgated in accordance with R.S. 17 A. - B. … 158, R.S. 17:160-161, and R.S. 17:164-166. C. In addition to FMVSS regulations, school buses used HISTORICAL NOTE: Promulgated by the Board of Elementar to transport students to and from school and school-related a y and Secondary Education, LR 36:1480 (July 2010), amended LR ctivities must meet the school bus body, chassis or equipmen 40:2517 (December 2014). t that meet the latest revised minimum standards for school b uses adopted and recommended by the National Conference Heather Cope on School Transportation, sponsored by the National Counci Executive Director 1412#020 l of Chief State School Officers, the American Association of School Administrators, NEA, the Department of Rural Educ RULE ation, and the U.S. Office of Education. Copies of the curren t National Congress on School Transportation Specifications Board of Elementary and Secondary Education and Procedures can be obtained through the website: www.n cstonline.org. Bulletin 126―Charter Schools (LAC 28:CXXXIX.309) AUTHORITY NOTE: Promulgated in accordance with R.S. 17 158, R.S. 17:160-161, and R.S. 17:164-166. In accordance with R.S. 49:950, et seq., the Administrativ HISTORICAL NOTE: Promulgated by the Board of Elementar e Procedure Act, the Board of Elementary and Secondary Ed y and Secondary Education, LR 25:643 (April 1999), amended LR ucation adopted revisions to Bulletin 126―Charter Schools 36:1478 (July 2010), LR 37:2124 (July 2011), LR 40:2517 (Decem §309, Charter Authorizer Reporting Requirements. These rev ber 2014). isions align policy with the provisions of Act 729 of the 201 Chapter 25. Purchase, Sale, Lease, and Repair of Scho 4 Regular Legislative Session regarding reporting requireme ol Buses nts for all types of charter school authorizers. The proposed r §2503. Purchase of School Buses evisions establish reporting timelines regarding when authori A. - B. … zers receive charter applications and proposals, and when th C. It is mandatory that the seller of any new or used scho ose applications and proposals are either approved or denied. ol bus shall complete a school bus purchase form verifying t Title 28 hat the purchased vehicle meets all state and federal school b EDUCATION us specifications applicable at the time of manufacture. Part CXXXIX. Bulletin 126―Charter Schools D. LEAs must keep current records of purchases of scho Chapter 3. Charter School Authorizers ol buses. §309. Charter Authorizer Reporting Requirements AUTHORITY NOTE: Promulgated in accordance with R.S. 17 158, R.S. 17:160-161, R.S. 17:164-166, and R.S. 17:494. A. All charter authorizers including BESE, local school b HISTORICAL NOTE: Promulgated by the Board of Elementar oards and local charter authorizers shall notify state legislato y and Secondary Education, LR 25:644 (April 1999), amended LR rs regarding initial charter school proposals and applications 36:1479 (July 2010), LR 37:2125 (July 2011), LR 40:2517 (Decem according to the following requirements: ber 2014). 1. At the time a chartering group submits its initial pro §2509. Used School Buses posal or application to operate a charter school, the charterin A. … g authority shall notify each state senator and state represent B. All replacement school buses used on daily routes, at t ative in whose district the charter school is to be located that he time they are acquired by the owner, must be 10 or less m such proposal or application has been submitted. odel years old for all owners/operators and school districts. T 2. Such notification shall be limited to the date the pro he number of years shall be reckoned from the date of the m posal or application was submitted, the charter authorizer to odel year (see Calculating the Age of School Buses, §3103). which the proposal or application was submitted, the type of C. Any school bus used as an activity or backup bus, at t charter school the chartering group seeks to operate, and the he time it is acquired by the owner and placed in service, sha location of the proposed school. ll be 15 or fewer model years old. The number of years shall 3. The charter authorizer shall also notify each state se be reckoned from the date of the model year (see §3103, Cal nator and state representative in whose district the charter sc culating the Age of School Buses). hool is to be located whether the proposal or application to o D. Any school bus used as an activity or backup bus that perate a charter school was approved or denied. is older than 15 model years shall not be used more than 60 c 4. The notifications shall be sent by both postal mail a onsecutive school days in a school year. nd electronic mail to each legislator’s district office. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 5. This section shall not apply to renewals of the chart 158, R.S. 17:158.2, R.S. 17:160-161, and R.S. 17:164-166. er of an existing charter school. HISTORICAL NOTE: Promulgated by the Board of Elementar AUTHORITY NOTE: Promulgated in accordance with R.S. 17 y and Secondary Education, LR 25:644 (April 1999), amended LR 6(A)(10), R.S. 17:3981, R.S. 17:3982, and R.S. 17:3983. 26:639 (April 2000), LR 27:187 (February 2001), LR 36:1479 (July HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education in LR 40:2517 (December 2014).

Louisiana Register Vol. 40, No. 12 December 20, 2014 88 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Kimberly Tripeaux 7 and R.S. 17.4002.2. Interim HISTORICAL NOTE: Promulgated by the Department of Educ 1412#022 ation, Board of Elementary and Secondary Education, LR 38:3124 (December 2012), amended LR 40:2518 (December 2014). RULE Chapter 3. Course Choice Authorizers §301. Course Choice Program Authorization Board of Elementary and Secondary Education A. BESE shall authorize the operation and eligibility of c ourse providers to participate in the Course Choice Program. Bulletin 132―Louisiana Course Choice Program BESE shall determine: (LAC 28:CLI.103, 301, 303, 501, 503, A.1. - B. … 505, 507, 701, 1101, and 1301) AUTHORITY NOTE: Promulgated in accordance with R.S. 17 7 and R.S. 4002.3. In accordance with R.S. 49:950 et seq., the Administrative HISTORICAL NOTE: Promulgated by the Department of Educ Procedure Act, the Board of Elementary and Secondary Edu ation, Board of Elementary and Secondary Education, LR 38:3124 cation has adopted revisions to Bulletin 132—Louisiana Cou (December 2012), amended LR 40:2518 (December 2014). rse Choice Program: §103, Definitions; §301, Course Choic §303. BESE Duties Relating to Course Choice Progra e Program Authorization; §303, BESE Duties Relating to Co m urse Choice Program; §501, General Provisions; §503, Cour A. - A.2. … se Provider Curriculum; §505, Course Provider Instructional 3. proposed courses offered, alignment of the courses Staff; §507, Online Course Providers; §701, Local Education by the course provider with the requirements of R.S. 17:24.4, al Authority (LEA) Duties; §1101, Program Funding; and §1 and the designated length of each course offered within a wi 301, Provider Evaluation. These revisions align policy with r ndow established by the Louisiana Department of Education equirements of Act 482 of the 2014 Regular Legislative Sess (LDE); ion. The legislation and policy redefine criteria for eligible f 4. - 6. … unded students and eligible participating students, and provi B. BESE shall maintain a course catalog for all courses o de for disbursement and reallocation of Course Choice Progr ffered and shall timely update the catalogue, a minimum of o am funds to public school systems. nce a year, prior to the beginning of each school year. Title 28 C. BESE shall provide for common course numbering of EDUCATION all courses listed in the course catalog and for determining w Part CLI. Bulletin 132—Louisiana Course Choice hether courses are in compliance with R.S. 17:24.4. For cour Program ses offered by postsecondary education institutions that are a Chapter 1. General Provisions uthorized course providers, the state board shall consult with §103. Definitions the Board of Regents. Course Provider—an entity that offers individual courses i 1. BESE shall include in the course catalog any course n person or online, including but not limited to online or virt offered for dual enrollment by a Louisiana public institution ual education providers, postsecondary education institutions of postsecondary education with no requirement for course a including any postsecondary institution under the managem pproval by BESE or the LDE, provided the course meets the ent of the Board of Supervisors of Community and Technical Carnegie unit requirements for graduation. Colleges, “educational entrepreneurs” (teachers or groups of D. - E. … teachers) with proven track records of successful instruction, AUTHORITY NOTE: Promulgated in accordance with R.S. 17 and business and industry that offer vocational or technical c 7 and R.S. 4002.4. ourse work in their fields, and have been authorized to provi HISTORICAL NOTE: Promulgated by the Department of Educ ation, Board of Elementary and Secondary Education, LR 38:3124 de such courses by the State Board of Elementary and Secon (December 2012), amended LR 40:2518 (December 2014). dary Education (BESE). Chapter 5. Course Providers Eligible Funded Student—any student who resides in Loui §501. General Provisions siana and meets one of the following criteria: A. - C.6. … 1. is attending a public elementary or secondary schoo D. All Course Choice Program course providers must agr l; and ee to and have a plan to service students with special needs t 2. has obtained approval from the local superintendent hrough instruction, materials, and/or technology. All eligible or other person designated by the governing authority of the participating students with an individual education plan (IE school which he attends to enroll in a course in this program. P) will be entitled to special education services Eligible Participating Student—any student who resides in Louisiana and meets one of the following criteria: 1. is a scholarship recipient as defined in R.S. 17:4013 attending a participating school in accordance with R.S. 17:4 011 through 4025; 2. is attending a nonpublic school that is approved, pr ovisionally approved, or probationally approved by the state board pursuant to R.S. 17:11; or 3. is enrolled in a home study program approved by B ESE.

89 Louisiana Register Vol. 40, No. 12 December 20, 2014 through the school in which he/she is enrolled including, b orary, part-time, or permanent employee of any kind, includi ut not limited to, assisting course providers in implementing ng any person employed to provide cafeteria, transportation, the accommodations within the IEP. or janitorial or maintenance services by any person or entity E. All Course Choice Program providers will adhere to t that contracts with a school or school system to provide such he uniform grading policy established in Bulletin 741, §2302 services unless approved in writing by a district judge of the for students enrolled in all grades K-12 for which letter grad parish and the district attorney. es are used. Business and industry providers will provide for 1. This statement of approval shall be kept on file at al credits for students seeking to obtain the career diploma. l times by the course provider and shall be produced upon re AUTHORITY NOTE: Promulgated in accordance with R.S. 17 quest to any law enforcement officer, BESE, or LDE staff m 7 and R.S. 4002.2-4002.6. ember. HISTORICAL NOTE: Promulgated by the Department of Educ 2. Not later than 30 days after its being placed on file ation, Board of Elementary and Secondary Education, LR 38:3124 with the course provider, the course provider shall submit a c (December 2012), amended LR 40:2518 (December 2014). opy of the statement of approval to the state superintendent o §503. Course Provider Curriculum f education. A. All course providers shall: C. Instructional staff for Course Choice course providers 1. - 3. … must hold a baccalaureate degree from an accredited univers 4. ensure all students enrolled in a course are provided ity in the subject area in which they are offering instruction. the necessary course materials related to the course content b Course providers may also use industry personnel to provide y the provider; and instruction as long as these industry personnel meet CTTIE 5. ensure that all courses offered for dual enrollment p (career and technical trade industrial education) guidelines. ost-secondary credit meet the standards and grade-level expe AUTHORITY NOTE: Promulgated in accordance with R.S. 15 ctations of the high school course for which the student is re 587.1, R.S. 17:15, R.S. 17.7, R.S. 17.1, and R.S. 17:4002.4. ceiving credit and meet the standards for college credit as est HISTORICAL NOTE: Promulgated by the Department of Educ ablished by the Louisiana Board of Regents. ation, Board of Elementary and Secondary Education, LR 38:3124 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 (December 2012), amended LR 40:2519 (December 2014). 7, R.S. 17:24.4, and R.S. 17: 4002.2-4002.6. §507. Online Course Providers HISTORICAL NOTE: Promulgated by the Department of Educ A. - C. … ation, Board of Elementary and Secondary Education, LR 38:3124 D. The course provider must have a staff/instructor accep (December 2012), amended LR 40:2519 (December 2014). table use policy for technology that complies with R.S. 17:3 §505. Course Provider Instructional Staff 996(21). A. Each course provider shall establish by regulation, req E. The course provider must provide an electronic comm uirements and procedures consistent with R.S. 17:15 and R.S. unication policy that complies with the federal Child Internet 15:587.1, through which it may request information from th Protection Act and R.S. 17:100.7, including information on i e Louisiana Bureau of Criminal Identification and Informati nternet safety practices and policies. on necessary to ascertain whether an employee, or applicant AUTHORITY NOTE: Promulgated in accordance with R.S. 17 for employment as a teacher, substitute teacher, bus driver, s 7 and R.S. 17:4002.2-4002.6. ubstitute bus driver, or janitor, or as a temporary, part-time, o HISTORICAL NOTE: Promulgated by the Board of Elementar r permanent employee of any kind, including any person em y and Secondary Education, LR 38:3126 (December 2012), amende ployed to provide cafeteria, transportation, or janitorial or m d LR 40:2519 (December 2014). aintenance services by any person or entity that contracts wit Chapter 7. Local Educational Authority Duties h a course provider to provide such services, has been arreste §701. Local Educational Authority (LEA) Duties d for, convicted of, or pled nolo contendere to, any criminal A. Each LEA shall establish policies and procedures whe offense. reby each eligible funded student may be granted approval to 1. The regulation shall include the requirement and th enroll in a course in this program, and which shall also provi e procedure for the submission of a person’s fingerprints on de for the following: a form acceptable to the bureau. 1. determination of whether a requested course is acad 2. The request for information necessary to determine emically appropriate for the student; whether a person has been arrested for, convicted of, or pled 2. credits earned through the course provider shall app nolo contendere to, any criminal offense must be on a form p ear on each such student's official transcript and count fully t repared by the bureau and must be signed by a responsible of owards the requirements of any approved Louisiana diploma; ficer or official of the provider making the request. 3. BESE state assessments as required by the school a 3. It must include a statement signed by the person ab nd district accountability system shall be administered to eac out whom the request is made which gives permission for su h student; ch information to be released and must include the person's f 4. all services to which each student would be entitled ingerprints in a form acceptable to the bureau. if attending the school in which he is enrolled full time for al 4. A person whose fingerprints have been submitted to l courses, including but not limited to special education servi the bureau may be temporarily hired pending the report from ces pursuant to the student's individual education plan, shall the bureau. be provided; and B. No person who has been convicted of or has pled nolo 5. each LEA that provides transportation for students contendere to a crime listed in R.S. 15:587.1(C) shall be allo within their jurisdiction shall also provide students participat wed to instruct/interact with students as a teacher, substitute ing in course choice transportation services within the same j teacher, bus driver, substitute bus driver, janitor, or as a temp urisdiction during normal school business hours.

Louisiana Register Vol. 40, No. 12 December 20, 2014 90 B. Each LEA shall make available to all students the cou Chapter 13. Provider Evaluation rse catalog as provided by BESE during the annual course en §1301. Provider Evaluation rollment process for that LEA. A. BESE shall monitor and evaluate the course provider i C. No LEA shall actively discourage, intimidate, or threa n a manner in which student achievement is the predominant ten an eligible funded student or an eligible participating stu criterion. dent during the course enrollment process or at any time for t 1. The initial authorization of the course provider shall hat LEA. be for a period of three years. After the second year of the ini D. The aggregate test scores of students identified in R.S. tial authorization period, the state board shall conduct a thor 17:4002.3(2)(a)-(b) and (3)(a) who are enrolled in a course s ough review of the course provider's activities and the acade hall be counted in the school performance score for the scho mic performance of the students enrolled in courses offered ol in which the student is enrolled full time. The test scores s by the course provider in accordance with the school and dis hall be reported to and published by the state Department of trict accountability system. If the performance of the student Education for each course provider in an easy to understand s enrolled in courses offered by the course provider pursuant format and on the department's website. to the school and district accountability system does not mee E. Each student identified in R.S. 17:4002.3(2)(a) and t performance standards set by BESE. BESE shall place the (b) and (3)(a) shall enroll in at least one course at the school course provider on probation. in which the student is enrolled full time. 2. After the initial three-year authorization period, BE F. Enrollment of children in course work offered by cour SE may reauthorize the course provider for additional period se providers is in compliance with the objectives of Louisian s of not less than three years nor more than five years after th a's compulsory attendance law. orough review of the course provider's activities and the achi AUTHORITY NOTE: Promulgated in accordance with R.S. 17 evement of students enrolled in courses offered by the cours 7, R.S. 17:24.4, and R.S. 17: 4002.2-4002.6. e provider. HISTORICAL NOTE: Promulgated by the Department of Educ 3. - 3.c. … ation, Board of Elementary and Secondary Education, LR 38:3124 4. Providers must show positive student academic gai (December 2012), LR 40:2519 (December 2014). n with proven assessment methods for each course offering. Chapter 11. Course Choice Program Funding §1101. Program Funding Type of Course Proven Assessment Methods A. The following guidelines shall be used to establish fu Standard Louisiana-approved EOC (end-of-course) nding procedures for the Course Choice Program. exams, if available other end-of-course exams tied 1. The course provider shall receive a course amount f Core Academic to applicable Louisiana-approved course guidelines or each eligible funded student as approved by BESE. Recognized state/ national IBCs (industry-based certifications) based on proven methods B. The course provider may charge tuition to any eligible Career and Example: NCCER (National Center for participating student in an amount approved by the LDE. Technical Construction Education and Research) C. The following guidelines shall be used in regards to th Successful AP/IB examination performance e payments made to the course provider. Approved assessment method using a proven 1. Fifty percent of the course amount or tuition to be p College Credit college-level EOC exam/exercise aid to the course provider shall be paid upon student enrollm AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ent in a course and fifty percent shall be paid upon course co 7 and R.S. 17:4002.6 mpletion according to the published course length. HISTORICAL NOTE: Promulgated by the Department of Educ 2. After the initial payment, if a student does not com ation, Board of Elementary and Secondary Education, LR 38:3124 plete a course according to the published course length, and t (December 2012), amended LR 40:2520 (December 2014). he course provider has received the first payment pursuant to Paragraph 1 of this Subsection, the course provider shall rec Kimberly Tripeaux eive an additional 40 percent of the course amount as provid Interim Executive Director ed in Subsections A and B of this Section, provided the stude 1412#023 nt completes the course and receives credit for the course pri or to leaving school pursuant to R.S. 17:221 or graduating fr RULE om high school. Board of Elementary and Secondary Education a. The state shall disburse any funds allocated, appr opriated, or otherwise made available for the purposes of thi Bulletin 133―Scholarship Programs s program to each city and parish public school system and o (LAC 28:CLIII.101, 301, 501, and 1101) ther public school. b. Any such funds below 90 percent of each LEA’s In accordance with R.S. 49:950 et seq., the Administrative allocated funds that are not committed for use by the school Procedure Act, the Board of Elementary and Secondary Edu system or other public school shall be subject to reallocation cation adopted revisions to Bulletin 133―Scholarship Progr to another public school system or other public school for th ams: §101, Definitions; §301, School Registration Process; § e purposes of this program. 501, Finance; and §1101, Reporting. The proposed revisions AUTHORITY NOTE: Promulgated in accordance with R.S. 17 7 and R.S. 17:4002.6 to Bulletin 133Scholarship Programs, will effectuate the p HISTORICAL NOTE: Promulgated by the Department of Educ rovisions of Acts 467, 728, and 779 of the 2014 Regular Leg ation, Board of Elementary and Secondary Education, LR 38:3124 islative Session regarding funding for the Louisiana Scholars (December 2012), amended LR 40:2520 (December 2014). hip Program, procedures for the separation of scholarship fu

91 Louisiana Register Vol. 40, No. 12 December 20, 2014 nds for participating schools, and modified LDE reporting re F. If a participating nonpublic school charges a higher tu quirements. ition for students receiving special education services and m Title 28 eets the criteria set forth below, the LDE shall allocate funds EDUCATION appropriated or otherwise available to the program an amoun Part CLIII. Bulletin 133―Scholarship Programs t per pupil to each participating nonpublic school equal to a s Chapter 1. General Provisions pecial education tuition amount based on the cost of providin §101. Definitions g special education services identified for that student to the * * * participating nonpublic school. This amount shall be in addit Eligible Nonpublic Schoola non-public school that meet ion to the participating nonpublic schools’ maximum scholar s the following criteria: ship payment, but the total of the payment and the special ed 1. is approved by the state Board of Elementary and S ucation tuition shall not exceed the amount that would be all econdary Education as either an accredited approved school, ocated for that student to the local school system if the stude a non-accredited approved school, a Louisiana Montessori a nt otherwise would be attending public school. ccredited approved school, or a Louisiana Montessori provis F.1. - G.2. … ionally accredited approved school pursuant to R.S. 17:11; a 3. The participating school shall account for all schola nd rship funds separately from other funds by maintaining fund 2. is approved according to Brumfield, et al. v. Dodd, s in a separate account or by using accounting procedures th et al. 425 F. Supp. 528. at allow the legislative auditor to identify the separate funds. * * * Such accounting shall allow for thorough auditing of the rec AUTHORITY NOTE: Promulgated in accordance with R.S.17: eipt and expenditure of state scholarship funds allocated thro 6 and R.S. 17:4025. ugh the LDE. HISTORICAL NOTE: Promulgated by the Board of Elementar 4. The participating school shall return to the state any y and Secondary Education, LR: 38:3129 (December 2012), amend funds that the legislative auditor determines were expended i ed LR 40:2521 (December 2014). n a manner inconsistent with state law or program regulation Chapter 3. Registration s. §301. School Registration Process 5. The participating school shall pay the cost of such a A. - A.3. … udit unless funds are appropriated by the legislature for such B. Participating schools shall: purpose, in which case the department shall pay the cost of s 1. submit an annual notice of intent with the following uch audit. information: H. - H.2. … a. the number of available seats per grade. Enrollme AUTHORITY NOTE: Promulgated in accordance with R.S. 17 nt of scholarship recipients in a participating school that has 6 and R.S. 17:4025. been approved for less than two years shall not exceed 20 pe HISTORICAL NOTE: Promulgated by the Board of Elementar rcent of the school’s total student enrollment. y and Secondary Education, LR 38:3130 (December 2012), amende b. - e. … d LR 40:498 (March 2014), LR 40:2521 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S.17: Chapter 11. Reporting 6 and R.S. 17:4025. §1101. Reporting HISTORICAL NOTE: Promulgated by the Board of Elementar A. The department shall annually report to the Senate Co y and Secondary Education, LR 38:3129 (December 2012), amende mmittee on Education, the House Committee on Education, t d LR 40:2521 (December 2014). he Joint Legislative Committee on the Budget, and each indi Chapter 5. Finance vidual legislator regarding the implementation of the progra §501. Finance m. The report, at a minimum, shall include the following inf A. The LDE shall allocate annually from funds appropria ormation: ted or otherwise available for the program an amount per pu 1. the total number of students receiving scholarships; pil to each participating school equal to the amount allocated 2. a list of all schools participating in the program; per pupil as provided in the minimum foundation program fo 3. a list of all schools participating in the program gro rmula, inclusive of the calculations of both the local and stat uped by legislative district; e per pupil allocations, to the local school system in which th 4. the total enrollment of each participating school, th e scholarship recipient resides, considering all student charac e number of scholarship recipients enrolled in each school, a teristics. nd the percentage of the total enrollment of each school repr B. For a participating school that charges tuition, if the m esented by scholarship recipients; and aximum amount of tuition plus incidental or supplementary f 5. aggregate test result data for the scholarship recipie ees that are charged to non-scholarship students enrolled in s nts enrolled in each participating school. uch school and any costs incurred in administering the tests r B. No later than April 30 of each year, the department sh equired pursuant to R.S. 17:4023 is less than the amount allo all send a printed copy of the report required by this Section cated per pupil to the local school system in which the stude to each legislative committee as provided in Subsection A of nt resides, then the amount allocated per pupil to the school s this Section and to each member of the Legislature. hall be equal to the sum of such maximum tuition amount, s C. The department shall annually publish the following i uch incidental or supplementary fees charged to non-scholar nformation for all schools participating in the program: ship students, and such testing costs. 1. the most recent aggregate average proficiency rates C. - E.3. … on state assessments for scholarship recipients enrolled at ea ch participating school;

Louisiana Register Vol. 40, No. 12 December 20, 2014 92 2. a list of all public schools with a letter grade of "C", legal custodians and school counselor, an individual gra "D", or "F", or any variation thereof; duation plan. Such a plan shall guide the next academic yea 3. the rate at which scholarship recipients finish the hi r’s course work. For a student with an exceptionality, except ghest grade level offered at a participating school, by enterin a student identified as gifted or talented and who has no othe g cohort; r exceptionality, the student’s IEP team, if applicable, shall a 4. the retention rate for scholarship recipients; ssist in developing the individual graduation plan. 5. the percentage of parents or legal guardians of scho 2. The individual graduation plan will assist the stude larship recipients who are satisfied with the participating sch nt in exploring educational and career opportunities and in m ool; and aking appropriate secondary and postsecondary education de 6. the rate at which all participating schools admit and cisions as part of an overall postsecondary plan. serve students with special education needs. 3. By the end of the eighth grade each student’s indivi AUTHORITY NOTE: Promulgated in accordance with R.S.17: dual graduation plan or the student’s IEP, if applicable, shall 6 and R.S. 17:4025. list the required core courses to be taken through the tenth gr HISTORICAL NOTE: Promulgated by the Board of Elementar ade and shall identify the courses taken in the first year of hi y and Secondary Education, LR 38:3132 (December 2012), amende gh school. d LR 40:2521 (December 2014). 4. Students who fail to meet the standard for promotio n to the ninth grade shall have any necessary remedial cours Kimberly Tripeaux es included in their individual graduation plan. Interim 1412#024 5. By the end of the tenth grade, each student’s individ ual graduation plan or the student’s IEP, if applicable, shall o RULE utline the school graduation requirements relevant to the stu dent’s chosen postsecondary goals based on the student’s aca Board of Elementary and Secondary Education demic record, talents, and interests. 6. Each student, with the assistance of his parent or ot Bulletin 741—Louisiana Handbook for School her legal custodian and school counselor shall choose the hig Administrators—Career Diploma and h school curriculum framework and related graduation requir Promotion of Students with Exceptionalities ements that best meet his postsecondary goals. (LAC 28: CXV.901, 2319, and 2397) 7. The individual graduation plan or the IEP, if applica ble, shall be reviewed annually and updated as necessary to i In accordance with R.S. 49:950 et seq., the Administrative dentify the courses to be taken each year until all required co Procedure Act, the Board of Elementary and Secondary Edu urses are completed. cation adopted revisions to Bulletin 741—Louisiana Handbo C. Student scheduling shall be individually appropriate a ok for School Administrators: §901, Scheduling; §2319, The nd flexible to allow entry into and exit from courses and cou Career Diploma; and §2397, Career Options. The revisions a rse sequences that are available for meeting curricular requir re to align policies with Act 643 of the 2014 Regular Legisla ements. tive Session which provides for changes to the career diplom AUTHORITY NOTE: Promulgated in accordance with R.S. 17 a. Both Act 643 and Act 833, which relates to promotion for 175 and R.S. 17:183.2. students with exceptionalities, require revisions to policies re HISTORICAL NOTE: Promulgated by the Board of Elementar lated to the individual graduation plan. The policy revisions y and Secondary Education, LR 31:1271 (June 2005), amended LR also provide for the phasing out of the Louisiana Alternate A 36:1498 (July 2010), LR 39:2204 (August 2013), LR 40:2522 (Dec ssessment Level 2 (LAA 2). ember 2014). Title 28 Chapter 23. Curriculum and Instruction EDUCATION Subchapter A. Standards and Curricula Part CXV. Bulletin 741―Louisiana Handbook for §2319. The Career Diploma School Administrators A. Curriculum and Entrance Requirements Chapter 9. Scheduling 1. The 23 units required for the career diploma shall in §901. Scheduling clude academic credits and a sequence of seven credits in car A. … eer and technical education for incoming freshmen prior to 2 B. Prior to student scheduling each year, each middle, ju 014-2015 or participation in approved training programs that nior, or high school shall provide the parent/legal custodian lead to an approved industry-based credential for incoming f with a listing of course offerings including the course choice reshmen in 2014-15 and beyond. catalog, the content of each course, and high school graduati 2. Students with exceptionalities who meet certain req on requirements where appropriate. uirements may attain a career diploma by meeting the requir 1. By the end of the eighth grade, each student shall b ements of their IEP. See Bulletin 1530—Louisiana’s IEP Ha egin to develop, with the input of his parent(s) or other ndbook for Students with Exceptionalities. B. Assessment Requirements 1. … a. Only students with disabilities eligible under IDE A who meet the LAA 2 participation criteria and entered hig h school during or prior to the 2013-2014 school year may ta ke the LAA 2.

93 Louisiana Register Vol. 40, No. 12 December 20, 2014 1.b. - 2.a.iii. … (h). pre-calculus; b. Students with disabilities identified under IDEA t (i). comparable Louisiana technical college cour hat entered high school during or prior to the 2013-2014 sch ses offered by Jump Start regional teams as approved by BE ool year and meet the LAA 2 participation criteria may meet SE; the assessment requirements by passing the English languag (j). integrated mathematics I, II, and III may be s e areas and mathematics components of the LAA 2 and eithe ubstituted for algebra I, geometry, and algebra II and shall co r the science or social studies component of LAA 2. unt as 3 math credits; 3. - 4. … c. science—2 units: 5. Remediation and retake opportunities will be provi i. 1 unit of Biology; ded for students who do not pass the GEE or, or the end-of-c ii. 1 unit from the following: ourse tests. Students shall be offered 50 hours of remediation (a). chemistry I; each year in each content area they do not pass on the GEE. (b). physical science; Students shall be offered 30 hours of remediation each year i (c). earth science; n each EOC test they do not pass. Refer to Bulletin 1566, gui (d). agriscience II; delines for pupil progression, and the addendum to Bulletin NOTE: Agriscience I is a prerequisite for Agriscience II and 1566, regulations for the implementation of remedial educati is an elective course. on programs related to the LEAP/CRT Program, regular sch (e). environmental science; ool year. (f). any AP or IB science course; 6. - 6.a.ii.… d. social studies—2 units: 7. Prior to or upon the student’s entering the tenth gra i. 1 of the following: de, all LEAs shall notify each student and his/her parents or (a). U.S. history; guardians of the requirement of passing GEE or the end-of-c (b). AP U.S. history; ourse tests. (c). IB history of the Americas I; a. Upon their entering a school system, students tra ii. civics or: nsferring to any high school of an LEA shall be notified by t (a). 1/2 unit of: hat system of the requirement of passing GEE or the end-of- (i). government; or course tests. (ii). AP U.S. government and politics: C. Minimum Course Requirements comparative; or 1. The minimum course requirements for a career dipl (iii). AP U.S. government and politics: US; oma for incoming freshmen prior to 2014-2015 shall be the f and ollowing. (b). 1/2 unit of: a. - h. … (i). economics; or 2. The minimum course requirements for a career dipl (ii). AP macroeconomics; or oma for incoming freshmen in 2014-2015 and beyond shall (iii). AP microeconomics; be the following: e. health education—1/2 unit: a. English—4 units: i. JROTC I and II may be used to meet the health i. English I; education requirement. Refer to §2347; ii. English II; f. physical education—1 1/2 units: iii. the remaining units shall come from the followi i. shall be physical education I; and ng: ii. 1/2 unit from among the following: (a). technical reading and writing; (a). physical education II; (b). business English; (b). marching band; (c). English III; (c). extracurricular sports; (d). English IV; (d). cheering; or (e). any AP or IB English course; or (e). dance team; (f). comparable Louisiana technical college cour iii. ROTC may be substituted; ses offered by Jump Start regional teams as approved by BE iv. adaptive PE for eligible special education stude SE; nts may be substituted; b. mathematics—4 units: g. at least 9 credits in Jump Start course sequence, i. algebra I, applied algebra I, or algebra I-Pt. 2 (t workplace experiences and credentials; he elective course algebra I-Pt. 1 is a pre-requisite); h. total—23 units. ii. The remaining units shall come from the follo 3. To complete a career area of concentration for the c wing: areer diploma, students shall meet the minimum requirement (a). geometry; s for graduation including four elective primary credits in the (b). financial literacy (formerly financial math); career major and two related elective credits, including one c (c). math essentials; omputer/technology course. Areas of concentration are identi (d). algebra II; fied in the career options reporting system with each LEA de (e). advanced math-functions and statistics; signating the career and technical education areas of concent (f). advanced math-pre-calculus; ration offered in their school system each year. The followin (g). algebra III; g computer/technology applications courses can be used to meet this requirement.

Louisiana Register Vol. 40, No. 12 December 20, 2014 94 Course Credit IEP team, if applicable, will assist the student in develop Computer/Technology Literacy 1 ing the individual graduation plan. Computer Applications or Business Computer Applications 1 3. During the ninth and tenth grades, each student shal Computer Architecture 1 Computer Science I, II 1 each l pursue the rigorous core curriculum required by his school Computer Systems and Networking I, II 1 each for his chosen major. The core curriculum shall include requi Desktop Publishing 1 red coursework as established by BESE and appropriate elec Digital Graphics & Animation 1/2 tive courses. Multimedia Presentations 1/2 or 1 B. Career Major (Jump Start Pathway) Web Mastering or Web Design 1/2 Independent Study in Technology Applications 1 1. Students shall complete a regionally-designed, distr Word Processing 1 ict-implemented series of career and technical education Jum Telecommunications 1/2 p Start coursework and workplace-based learning experience Introduction to Business Computer Applications 1 s leading to a statewide or regional Jump Start credential. Ea Technology Education Computer Applications 1 ch student’s Jump Start graduation pathway shall include co Advanced Technical Drafting 1 Computer Electronics I, II 1 each urses and workplace experiences specific to the credential, c Database Programming with PL/SQL 1 ourses related to foundational career skills requirements, and Java Programming 1 other courses (including career electives) that the Jump Start Database Design and Programming 1/2 regional determines are appropriate for the career pathway. Digital Media I, II 1 each 2. Each Jump Start graduation pathway shall consist o f at least nine CTE credits selected from courses approved fo 4. Courses developed by the LEAs and submitted to B r the graduation pathway that the student pursues to obtain a ESE for approval as substitutes for core course requirements Jump Start career diploma. must meet state content standards for the subject area at the AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ninth grade level or higher. 183.1 et seq. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 HISTORICAL NOTE: Promulgated by the Board of Elementar 7, R.S. 17:24.4, R.S. 17:183.2, R.S. 17:183.3, R.S. 17:274, R.S. 17: y and Secondary Education, LR 31:1303 (June 2005), amended LR 274.1, and R.S. 17:395. 36:1996 (September 2010), LR 40:2524 (December 2014). HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 31:1291 (June 2005), amended LR Kimberly Tripeaux 31:2211 (September 2005), LR 31:3070 (December 2005), LR 31:3 Interim 072 (December 2005), LR 32:1414 (August 2006), LR 33:429 (Mar 1412#025 ch 2007), LR 33:432 (March 2007), LR 33:2050 (October 2007), L R 33:2354 (November 2007), LR 33:2601 (December 2007), LR 34: RULE 1607 (August 2008), LR 35:1230 (July 2009), LR 35:1876 (Septem ber 2009), LR 35:2321 (November 2009), LR 35:2750 (December Board of Elementary and Secondary Education 2009), LR 36:1490 (July 2010), LR 37:548 (February 2011), LR 37 1130 (April 2011), LR 37:2130 (July 2011), LR 37:3197 (Novembe Bulletin 741—Louisiana Handbook for School r 2011), LR 38:761 (March 2012), LR 38:1005 (April 2012), LR 40: Administrators—Curriculum and Instruction 2522 (December 2014). (LAC 28:CXV.Chapter 23) §2397. Career Options A. Preparation for Choosing an Area of Concentration In accordance with R.S. 49:950 et seq., the Administrative 1. To prepare students for choosing a career option at t Procedure Act, the Board of Elementary and Secondary Edu he high school level, at least six activities which expose stud cation adopted revisions to Bulletin 741—Louisiana Handbo ents to career and technical and academic fields of study shal ok for School Administrators: §2318, The TOPS University l be conducted at each grade level in grades six through eight Diploma; §2333, Art; §2337, Dance; §2341, English; §2345, during each school year. Such activities shall include career i Foreign Languages; §2353, Mathematics; §2355, Music; §23 nterest inventories and information to assist students in the c 61, Science; §2363, Social Studies; and §2369, Theatre Arts. areer decision-making process and may include job shadowi The revisions are required by Act 566 of the 2014 Regular L ng, job mentoring, and job internships. The activities may als egislative Session, which adjusts the civics requirement for g o include field trips, guest speakers, community service activ raduation and for the Taylor Opportunity Program for Studen ities, and other activities designed to introduce students to oc ts (TOPS) core curriculum, and Act 733 2014 Regular Legisl cupations in demand in Louisiana. ative Session, which gives BESE the authority to approve ne 2. School counselors or others designated by the scho cessary name changes for advanced placement (AP) and inte ol principal, or both, shall be responsible for the completion rnational baccalaureate (IB) courses, as prescribed by the Co of the individual graduation plan. The school counselors and llege Board and the International Baccalaureate Foundation. others shall counsel each student with regard to high school The policy revisions also provide for the phasing out of the graduation requirements and shall assist the student in devel Louisiana Alternate Assessment 2 (LAA 2). oping his plan. For a student with exceptionalities, except a s tudent identified as gifted or talented and who has no other e xceptionality, the student’s

95 Louisiana Register Vol. 40, No. 12 December 20, 2014 Title 28 iv. one of the following: EDUCATION (a). English IV; Part CXV. Bulletin 741―Louisiana Handbook for (b). AP English literature and composition; School Administrators (c). IB literature; Chapter 23. Curriculum and Instruction (d). IB language and literature; Subchapter A. Standards and Curricula (e). IB literature and performance; §2318. The TOPS University Diploma b. mathematics—four units: A. Curriculum Requirements i. algebra I; 1. … ii. geometry; 2. For incoming freshmen in 2008-2009 through 201 iii. algebra II; 3-2014, all ninth graders in the college and career diploma p NOTE: Integrated Mathematics I, II, and III may be athway will be enrolled in the Louisiana Core 4 Curriculum. substituted for the Algebra I, Geometry, and Algebra II sequence. B. Assessment Requirements iv. one of the following: 1. … (a). algebra III; a. Only students with disabilities eligible under IDE (b). advanced math—functions and statistics; A who meet the LAA 2 participation criteria and entered hig (c). advanced math—pre-calculus; h school during or prior to the 2013-2014 school year may ta (d). pre-calculus; ke the LAA 2. (e). IB math studies (math methods); 1.b. - 2.a.iii. … (f). calculus; b. Students with disabilities identified under IDEA (g). AP calculus AB; who meet the LAA 2 participation criteria and entered high s (h). IB mathematics SL; chool during or prior to the 2013-2014 school year may meet (i). AP calculus BC; the assessment requirements by passing the English languag (j). AP statistics; e areas and mathematics components of the LAA 2 and eithe (k). IB further mathematics HL; r the science or social studies component of LAA 2. (l). IB mathematics HL; 3. - 4. … c. science—four units: 5. Remediation and retake opportunities will be provi i. biology I; ded for students who do not pass the GEE or the end-of-cour ii. chemistry I; se tests. Students shall be offered 50 hours of remediation ea iii. two units chosen from the following ch year in each content area they do not pass on the GEE. St (a). Earth science; udents shall be offered 30 hours of remediation each year in (b). environmental science; each EOC test they do not pass. Refer to Bulletin 1566, guid (c). physical science; elines for pupil progression and the addendum to Bulletin 15 (d). agriscience II—the elective course agriscien 66, regulations for the implementation of remedial education ce I is a pre-requisite; programs related to the LEAP/CRT program, regular school (e). one of: year. (i). chemistry II; 6. - 6.a.ii. … (ii). AP chemistry; 7. Prior to or upon the student’s entering the tenth gra (iii). IB chemistry I; de, all LEAs shall notify each student and his/her parents or (iv). IB chemistry II; guardians of the requirement of passing GEE, LAA 2, or the (f). one of: end-of-course tests. (i). AP environmental science; a. Upon their entering a school system, students tra (ii). IB environmental systems; nsferring to any high school of an LEA shall be notified by t (g). one of: hat system of the requirement of passing GEE or the end-of- (i). physics I; course tests. (ii). IB physics I; C. Minimum Course Requirements (h). one of: 1. - 2.j. … (i). AP physics C: electricity and 3. For incoming freshmen in 2014-2015 and beyond w magnetism; ho are completing the TOPS university diploma, the minimu (ii). AP physics C: mechanics; m course requirements shall be the following: (iii). IB physics II; a. English—four units: (i). AP physics I and AP physics II: i. English I; (j). one of: ii. English II; (i). biology II; iii. one of the following: (ii). AP biology; (a). English III; (iii). IB biology I; (b). AP English language arts and composition; (iv). IB biology II; (c). IB literature; d. social studies—four units: (d). IB language and literature; i. one unit chosen from: (e). IB literature and performance; (a). U.S. history; (b). AP U.S. history;

Louisiana Register Vol. 40, No. 12 December 20, 2014 96 (c). IB history of the americas I; NOTE: Transfer students need only meet this requirement for ii. one unit chosen from: the EOC tests they are required to take according to the transfer rules found in §1829 of Bulletin 118. (a). civics with a section on free enterprise; iii. - v. … (b). government; or 6. Career/Technical Endorsement (c). AP U.S. government and politics: comparati a. Students who entered the 9th grade prior to 2014- ve; or 2015 and satisfy the following performance indicators shall (d). AP U.S. government and politics: United Sta be eligible for a career/technical endorsement to the college tes; and career diploma. iii. two units chosen from: i. Students graduating prior to 2011-2012 shall m (a). one of: eet the current course requirements for the TOPS Opportunit (i). European history; y Award or the TOPS Tech Award. Students graduating in 20 (ii). AP European history; 11-2012 through 2016-2017 shall meet the course requireme (iii). western civilization; nts for the Louisiana Core 4 Curriculum. (b). one of: ii. - iii.(a).(ii). … (i). world geography; (b). Students graduating in 2013-2014 through 2 (ii). AP human geography; 016-2017 shall achieve a score of good or excellent on each (iii). IB geography; of the following EOC tests: (c). one of: (i). English II and English III; (i). world history; (ii). algebra I and geometry; (ii). AP world history; (iii). biology and U.S. history. (iii). IB history of the Americas II; NOTE: Transfer students need only meet this requirement for (d). IB economics; the EOC tests they are required to take according to the (e). economics; transfer rules found in §1829 of Bulletin 118. (f). AP macroeconomics; iv. - vi. … (g). AP microeconomics.; AUTHORITY NOTE: Promulgated in accordance with R.S. 17 e. foreign Language—two units: 7; R.S. 17:24.4; R.S. 17:183.2; R.S. 17: 395. HISTORICAL NOTE: Promulgated by the Board of Elementar i. two units from the same language (§2345); y and Secondary Education, LR 31:1291 (June 2005), amended LR f. art—one unit chosen from the following: 31:2211 (September 2005), LR 31:3070 (December 2005), LR 31:3 i. - vi. … 072 (December 2005), LR 32:1414 (August 2006), LR 33:429 (Mar vii. drafting; ch 2007), LR 33:432 (March 2007), LR 33:2050 (October 2007), L g. - j. … R 33:2354 (November 2007), LR 33:2601 (December 2007), LR 34: 4. High School Area of Concentration 1607 (August 2008), LR 36:1486 (July 2010), LR 37:547 (February a. All high schools shall provide students the opport 2011), LR 37:1128 (April 2011), LR 37:2129 (July 2011), LR 37:2 unity to complete an area of concentration with an academic 132 (July 2011), LR 37:3193 (November 2011), LR 38:754, 761 focus and/or a career focus. (March 2012), LR 38:1001 (April 2012), LR 38:1584 (July 2012), LR 40:2525 (December 2014). i. … §2333. Art ii. Incoming freshmen in 2008-2009 through 201 A. Art course offerings shall be as follows. 3-2014 can complete an academic area of concentration by c ompleting the course requirements for the LA Core 4 curricu Course Title(s) Units lum. Art I, II, III, IV 1 each iii. … AP Art History 1 * * * Talented Art I, II, III, IV 1 each 5. Academic Endorsement AP Studio Art: 2-D Design 1 a. Graduating seniors who entered the 9th grade pri AP Studio Art: 3-D Design 1 AP Studio Art: Drawing 1 or to 2014-2015 and satisfy the following performance indic IB Visual Arts 1 ators shall be eligible for an academic endorsement to the co llege and career diploma. B. … i. Students graduating in 2011-2012 through 201 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 6-2017 shall complete the following curriculum requirement 7 and R.S. 17:24.4. s or the TOPS core curriculum. HISTORICAL NOTE: Promulgated by the Board of Elementar NOTE: For courses indicated with *, an Advanced Placement y and Secondary Education, LR 31:1295 (June 2005), amended LR (AP) or International Baccalaureate (IB) course designated in 31:3069 (December 2005), LR 37:2132 (July 2011), LR 40:998 (M §2325 may be substituted. ay 2014), LR 40:2526 (December 2014). (a). - (i). … Subchapter B. Academic Programs of Study ii. Assessment Performance Indicator §2337. Dance (a). - (a).ii. … A. Dance course offerings shall be as follows. (b). Students graduating in 2013-2014 through 2016-2017 shall achieve a score of good or excellent on each Course Title(s) Units of the following EOC tests: Dance I, II, III, IV 1 each (i). English II and English III; IB Dance 1 (ii). algebra I and geometry; (iii). biology and U.S. history. B. …

97 Louisiana Register Vol. 40, No. 12 December 20, 2014 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Course Title(s) Units 7 and R.S. 17:24.4. Spanish I, II, III, IV, V 1 each HISTORICAL NOTE: Promulgated by the Board of Elementar American Sign Language I, II, III, IV 1 each y and Secondary Education, LR 31:1295 (June 2005), amended LR Greek I, II, III, IV 1 each 37:2133 (July 2011), LR 40:2526 (December 2014). Chinese I, II, III, IV 1 each §2341. English Japanese I, II, III, IV 1 each Hebrew I, II, III, IV 1 each A. The English course offerings for the college diploma s Arabic I, II, III, IV 1 each hall be as follows. IB Language ab initio: Arabic 1 IB Language B: Arabic 1 Course Title(s) Units AP Chinese Language and Culture 1 English I, II, III, and IV 1 each AP French Language and Culture 1 Business English AP German Language and Culture 1 (for incoming freshmen prior to 2008-2009) 1 AP Italian Language and Culture 1 Senior Applications in English 1 AP Japanese Language and Culture 1 Reading I (elective credit) 1 AP Latin 1 Reading II (elective credit) 1 AP Spanish Language and Culture 1 English as a Second Language (ESL) I, II, III, and IV IB Language ab initio: French 1 (elective credit) 1 each IB Language B: French 1 AP English Language Arts and Composition 1 IB Language ab initio: Spanish 1 AP English Literature and Composition 1 IB Language B: Spanish 1 IB Literature 1 IB Language ab initio: German 1 IB Language and Literature 1 IB Language B: German 1 IB Literature and Performance 1 IB Language ab initio: Chinese 1 IB Language B: Chinese 1 IB Language ab initio: Italian 1 B. The English course offerings for the career diploma s IB Language B: Italian 1 hall be as follows. IB Language ab initio: Japanese 1 IB Language B: Japanese 1 Course Title(s) Units IB Classical Language 1 English I, II, III, and IV 1 each Senior Applications in English 1 B. - B.6. … Technical Reading and Writing 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Business English 1 Business Communications 1 7, R.S. 17:24.4, R.S. 273, and R.S. 17:284. Using Research in Careers 1/2 unit HISTORICAL NOTE: Promulgated by the Board of Elementar American Literature 1/2 unit y and Secondary Education, LR 31:1295 (June 2005), amended LR Film in America 1/2 unit 36:1996 (September 2010), LR 38:759 (March 2012), LR 38:2364 AP English Language Arts and Composition 1 (September 2012), LR 39:2220 (August 2013), LR 40:998 (May 20 AP English Literature and Composition 1 14), LR 40:2527 (December 2014). IB Literature 1 §2353. Mathematics IB Language and Literature 1 A. The mathematics course offerings for the college dipl IB Literature and Performance 1 oma shall be as follows. Reading I (elective credit) 1 Reading II (elective credit) 1 English as a Second Language (ESL) I, II, III, and IV Course Title(s) Units (elective credit) 1 each Advanced Math—Pre-Calculus 1 Course(s) developed by the LEA and approved by BESE 1 Advanced Math—Functions and Statistics 1 Algebra I, II 1 each Applied Algebra I 1 C. … Algebra I―Part 1 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Algebra I―Part 2 1 7 and R.S. 17:24.4. Calculus 1 HISTORICAL NOTE: Promulgated by the Board of Elementar Discrete Mathematics 1 y and Secondary Education, LR 31:1295 (June 2005), amended LR Financial Mathematics (Literacy) 1 33:2605 (December 2007), LR 36:1492 (July 2010), LR 40:998 (M Geometry 1 ay 2014), LR 40:2527 (December 2014). Applied Geometry 1 §2345. Foreign Languages Integrated Mathematics I, II, III 1 each A. The foreign language course offerings shall be as foll Pre-Calculus 1 Probability and Statistics 1 ows. Math Essentials 1 AP Calculus BC 1 Course Title(s) Units AP Calculus AB 1 French I, II, III, IV, V 1 each AP Statistics 1 German I, II, III, IV, V 1 each IB Math Studies (Math Methods) 1 Italian I, II, III, IV, V 1 each IB Mathematics SL 1 Latin I, II, III, IV, V 1 each IB Further Mathematics HL 1 Russian I, II, III, IV, V 1 each IB Mathematics HL 1

Louisiana Register Vol. 40, No. 12 December 20, 2014 98 B. The mathematics course offerings for the career diplo ma shall be as follows. Course Title(s) Units Aerospace Science 1 Course Title(s) Units Agriscience II 1 Algebra I 1 Anatomy and Physiology 1 Algebra I―Part 1 1 Biology I, II 1 each Algebra I―Part 2 1 Chemistry I, II 1 each Applied Algebra I 1 Earth Science 1 Geometry 1 Environmental Science 1 Applied Geometry 1 Integrated Science 1 Financial Mathematics (Literacy) 1 Physical Science 1 Technical Math 1 Physics I, II 1 each Medical Math 1 Physics of Technology I, II 1 each Applications in Statistics and Probability 1 Approved IBC-related courses for those students who meet the requirement 1 each Algebra II 1 AP Chemistry 1 Advanced Math—Pre-Calculus 1 IB Chemistry I 1 Discrete Mathematics 1 IB Chemistry II 1 Math Essentials 1 AP Environmental Science 1 Course(s) developed by the LEA and approved by BESE 1 IB Environmental Systems 1 IB Physics I 1 C. … AP Physics C: Electricity and Magnetism 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 AP Physics C: Mechanics 1 7 and R.S. 17:24.4. IB Physics II 1 HISTORICAL NOTE: Promulgated by the Board of Elementar AP Physics I and II 1/2 each y and Secondary Education, LR 31:1296 (June 2005), amended LR AP Biology 1 33:2605 (December 2007), LR 34:1609 (August 2008), LR 35:232 IB Biology I 1 2 (November 2009), LR 36:1493 (July 2010), LR 38:760 (March 2 IB Biology II 1 012), LR 40:999 (May 2014), LR 40:2527 (December 2014). §2355. Music B. The science course offerings for the career diploma sh A. The music course offerings shall be as follows. all be as follows.

Course Title(s) Units Course Title(s) Units Applied Music 1 Aerospace Science 1 Beginning Band 1 Agriscience II 1 Beginning Choir 1 Anatomy and Physiology 1 Sectional Rehearsal 1 Biology 1 Studio Piano I, II, III 1 each Chemistry 1 Studio Strings I, II, III 1 each Earth Science 1 Intermediate Band 1 Environmental Science 1 Intermediate Choir 1 Integrated Science 1 Advanced Band 1 Physical Science 1 Advanced Choir 1 Physics 1 Beginning Orchestra 1 Physics of Technology I, II 1 each Intermediate Orchestra 1 Food Science 1 Advanced Orchestra 1 Forensic Science 1 Small Vocal Ensemble 1 Allied Health Science 1 Wind Ensemble 1 Basic Body Structure and Function 1 Jazz Ensemble 1 Basic Physics with Applications 1 Guitar Class 1 Animal Science 1 Piano Class 1 Biotechnology in Agriculture 1 Music Theory I, II 1 each Environmental Studies in Agriculture 1 Music and Media 1 Health Science II 1 Music and Technology 1 EMT―Basic 1 Talented Music I, II, III, IV 1 each Any AP or IB science course 1 AP Music Theory 1 Course(s) developed by the LEA and approved by BESE 1 each IB Music 1 Marching Band 1/2 C. - D. … AUTHORITY NOTE: Promulgated in accordance with R.S. 17 B. - C. … 7 and R.S. 17:24.4. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 HISTORICAL NOTE: Promulgated by the Board of Elementar 7 and R.S. 17:24.4. y and Secondary Education, LR 31:1297 (June 2005), amended LR HISTORICAL NOTE: Promulgated by the Board of Elementar 33:2605 (December 2007), LR 36:1494 (July 2010), LR 40:1000 y and Secondary Education, LR 31:1296 (June 2005), amended LR (May 2014), LR 40:2528 (December 2014). 31:3069 (December 2005), LR 33:2354 (November 2007), LR 37:2 §2363. Social Studies 133 (July 2011), LR 39:2221 (August 2013), LR 40:999 (May 201 A. The social studies course offerings for the college dipl 4), LR 40:2528 (December 2014). oma shall be as follows. §2361. Science A. The science course offerings for the college diploma s Course Title(s) Units hall be as follows. American Government 1

99 Louisiana Register Vol. 40, No. 12 December 20, 2014 Course Title(s) Units HISTORICAL NOTE: Promulgated by the Board of Elementar U.S. History 1 y and Secondary Education, LR 31:1298 (June 2005), amended LR Civics 1 31:3070 (December 2005), LR 37:2133 (July 2011), LR 40:1001 Economics 1 (May 2014), LR 40:2529 (December 2014). Free Enterprise 1/2 Law Studies 1 Kimberly Tripeaux Psychology 1 Sociology 1 Interim AP European History 1 1412#026 African American Studies 1 Approve IBC-related courses for those students who meet RULE the requirement 1 each AP U.S. History 1 Board of Elementary and Secondary Education IB History of the Americas I 1 AP US Government and Politics: Comparative 1 Bulletin 741—Louisiana Handbook for School AP US Government and Politics: United States 1 Administrators—Dating Violence and Student AP Macroeconomics 1 Code of Conduct AP Microeconomics 1 AP Human Geography 1 (LAC 28:CXV.1129 and 1302) IB Geography 1 AP World History 1 In accordance with R.S. 49:950 et seq., the Administrative IB History of the Americas II 1 Procedure Act, the Board of Elementary and Secondary Edu IB Economics 1 cation adopted revisions to Bulletin 741—Louisiana Handbo ok for School Administrators: §1129. Dating Violence and § B. The social studies course offerings for the career diplo 1302. Student Code of Conduct. The revisions are required b ma shall be as follows. y Act 506 of the 2014 Regular Legislative Session, which dir ects Local Educational Agencies to collect data and to provid Course Title(s) Units e training for employees on dating violence. American Government 1 U.S. History 1 Title 28 AP U.S. History 1 EDUCATION IB History of the Americas I 1 Part CXV. Bulletin 741―Louisiana Handbook for Civics 1 School Administrators AP US Government and Politics: Comparative 1 Chapter 11. Curriculum and Instruction AP US Government and Politics: United States 1 Economics 1 §1129. Dating Violence AP Macroeconomics 1 A. At the beginning of each school year, each LEA shall AP Microeconomics 1 provide all school employees having contact with students in Free Enterprise 1/2 grades 7 through 12 instruction relative to: Law Studies 1 1. the definition of dating violence; Psychology 1 Sociology 1 2. dating violence warning signs; and African American Studies 1 3. how to properly address suspected or reported datin Child Psychology and Parenthood Education 1 g violence involving students including but not limited to co Course(s) developed by the LEA and approved by BESE 1 unseling and notification of law enforcement. B. Each LEA shall also provide information relative to d C. - D.4. … ating violence to the parents of students in grades 7 through AUTHORITY NOTE: Promulgated in accordance with R.S. 17 12. 7, R.S. 17:24.4, R.S. 17:183.3, R.S. 17:274, R.S. 17:274.1, and R.S. C. In the spring of each school year, each local superinte 17:274-274.1. ndent or CEO shall make an oral report at a meeting of the lo HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 31:1298 (June 2005), amended LR cal governing authority that shall include 31:3072 (December 2005), LR 33:431 (March 2007), LR 33:2606 1. the compliance of each school with the requirement (December 2007), LR 36:1495 (July 2010), LR 37:1131 (April 201 s of this section; 1), LR 40:1000 (May 2014), LR 40:2529 (December 2014). 2. aggregate data relative to dating violence; and §2369. Theatre Arts 3. any recommendations for reducing data violence a A. The theatre arts course offerings shall be as follows. mong students. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Course Title(s) Units 81. Theatre I, II, III, IV 1 each HISTORICAL NOTE: Promulgated by the Board of Elementar Technical Theatre 1 y and Secondary Education, LR 40:2529 (December 2014). Theatre Design and Technology 1 Chapter 13. Discipline Talented Theatre I, II, III, IV 1 each §1302. Student Code of Conduct IB Film Study I 1 A. Each LEA shall adopt a student code of conduct for th IB Theatre 1 e students in the schools under its jurisdiction. 1. – 2. … B. … AUTHORITY NOTE: Promulgated in accordance with R.S. 17 3. Each LEA shall include in its student code of condu 7 and R.S. 17:24.4. ct the definition of dating violence, data violence warning si

Louisiana Register Vol. 40, No. 12 December 20, 2014 100 gns and instructions for reporting or seeking help relative to iii. Passing a foreign government’s approved langu dating violence. age examination and receiving a receipt of a certificate of co AUTHORITY NOTE: Promulgated in accordance with R.S. 17 mpetency from the authorizing government agency at 81, R.S. 17:223-224, R.S. 17:416, and R.S. 17:416.13. (a). the European B2 level; HISTORICAL NOTE: Promulgated by the Board of Elementar (b). American Council on the Teaching of Foreig y and Secondary Education, LR 39:477 (March 2013), LR 40:2530 n Languages Advanced Low level; or (December 2014). (c). equivalent measures. 3. If the primary language of a student in grades 9 thro Kimberly Tripeaux ugh 12 is other than English, he shall do both of the followin Interim 1412#029 g to qualify for the State Seal of Biliteracy: a. attain the Early Advanced proficiency level on th RULE e English Language Development Assessment; and b. meet the requirements of Paragraph 2 of this Sub Board of Elementary and Secondary Education section. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Bulletin 741Louisiana Handbook for School 7, R.S. 17:154, R.S. 17:1944, and R.S. 17:1945. Administrators—High Schools (LAC 28:CXV.2317) HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 31:1291 (June 2005), amended LR In accordance with R.S. 49:950, et seq., the Administrativ 36:1485 (July 2010), LR 37:1137 (April 2011), LR 38:754 (March e Procedure Act, the Board of Elementary and Secondary Ed 2012), LR 39:1038 (April 2013), LR 39:2216 (August 2013), LR 4 ucation adopted revisions to Bulletin 741—Louisiana Handb 0:2530 (December 2014). ook for School Administrators: §2317. High Schools. The re Kimberly Tripeaux visions are required by Act 99 of the 2014 Regular Legislati Interim ve Session, which provides policy for the optional Biliteracy 1412#027 Seal for graduating seniors. Title 28 RULE EDUCATION Part CXV. Bulletin 741―Louisiana Handbook for Board of Elementary and Secondary Education School Administrators Chapter 23. Curriculum and Instruction Bulletin 741—Louisiana Handbook for School Subchapter A. Standards and Curricula Administrators—Instruction in Cardiopulmonary §2317. High Schools Resuscitation and Automated External Defibrillators A. - I.4. … (LAC 28:CXV.337, 2305, and 2347) J. State Seal of Biliteracy 1. LEAs are encouraged but not required to participate In accordance with R.S. 49:950, et seq., the Administrativ in the state seal of biliteracy program. e Procedure Act, the Board of Elementary and Secondary Ed a. A participating school governing authority shall ucation adopted revisions to Bulletin 741—Louisiana Handb maintain appropriate records in order to identify students wh ook for School Administrators: §337. Written Policies and Pr o have earned the seal and affix the seal to the transcript and ocedures, §2305. Ancillary Areas of Instruction, and §2347. diploma of each student who earns the seal. Health Education. The revisions are required by Act 517 and 2. The state seal of biliteracy certifies that a student m Act 525 of the 2014 Regular Legislative Session. Act 517 re eets all of the following criteria: quires instruction in cardiopulmonary resuscitation and auto a. has completed of all English language arts requir mated external defibrillators for students taking high school ements for graduation; health. Act 525 requires LEAs to provide grade-appropriate b. has passed the Reading and English parts of the and age-appropriate instruction to all students regarding chil ACT series with a score of nineteen or above; and d assault awareness and prevention. Act 517 and Act 525 als c. has demonstrated proficiency in one or more lang o require LEAs to develop local policy related to these acts. uages other than English through one of the methods below. Title 28 i. Passing a world language advanced placement EDUCATION examination with a score of 3 or higher or a world language Part CXV. Bulletin 741―Louisiana Handbook for International Baccalaureate examination with a score of 4 or School Administrators higher. Chapter 3. Operation and Administration (a). For languages in which an advanced placem §337. Written Policies and Procedures ent test is not available, school systems may use an equivale A. … nt summative test as approved by the state superintendent of B. Each LEA shall have policies and procedures that add education. ress, but are not limited to, the following: ii. Successful completion of a four-year high scho 1. - 27. … ol course of study in a world language or successful complet 28. the reporting of school bus operator arrests for viola ion of 7 Carnegie units or more in language or content cours tions of R.S. 14:98, 98.1, or any other law or ordinance that es in a world language immersion setting. prohibits operating a vehicle while under the influence of alc ohol or any abused substance or controlled dangerous substa nce set forth in the schedules provided in R.S. 40:964;

101 Louisiana Register Vol. 40, No. 12 December 20, 2014 29. in the student code of conduct, the prohibition again D. - D.3.… st bullying as defined in §1303; AUTHORITY NOTE: Promulgated in accordance with R.S. 17 30. instruction regarding cardiopulmonary resuscitation 7, R.S. 17:24.4, and R.S. 17:81. and automated external defibrillators in Health Education (re HISTORICAL NOTE: Promulgated by the Board of Elementar fer to §2347); and y and Secondary Education, LR 31:1296 (June 2005), amended LR 33:817 (May 2007), LR 36:1493 (July 2010), LR 37:1135 (April 20 31. instruction regarding child abuse and assault aware 11), LR 39:2220 (August 2013), LR 39:3260 (December 2013), LR ness and prevention (refer to §2305.K.). 40:2531 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 17 6, R.S. 17:7(29), R.S. 17:81, R.S. 17:240, and R.S. 17:100.8. HISTORICAL NOTE: Promulgated by the Board of Elementar Kimberly Tripeaux y and Secondary Education, LR 31:1261 (June 2005), amended LR Interim 33:429 (March 2007), LR 35:1101 (June 2009), LR 36:1224 (June 1412#028 2010), LR 37:1141 (April 2011), LR 37:1380, 1380 (May 2011), L R 37:2134 (July 2011), LR 38:40, 41 (January 2012), LR 39:2197 RULE (August 2013), LR 40:2530 (December 2014). Board of Elementary and Secondary Education Chapter 23. Curriculum and Instruction §2305. Ancillary Areas of Instruction Bulletin 1530―Louisiana's IEP Handbook for A. - J. … Students with Exceptionalities K. Each LEA shall provide age- and grade-appropriate cl (LAC 28:XCVII.Chapter 4) assroom instruction to all students relative to child assault a wareness and prevention. In accordance with R.S. 49:950 et seq., the Administrative 1. Such instruction shall be limited to: Procedure Act, the Board of Elementary and Secondary Edu a. education on what constitutes abuse or an assault; cation has adopted revisions to Bulletin 119—Louisiana Sch and ool Transportation Specifications and Procedures: §401, Eli b. how students may safely and confidentially repor gible Students and IEP Team Responsibilities; §403, Require t to a school official the circumstances surrounding any such ments for Promotion; and §405, Requirements for Graduatio abuse or assaults. n. These revisions align policy with requirements of Act 833 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 154, R.S. 17:261 et seq., R.S. 17:280, R.S. 17:281 et seq., R.S.17:4 of the 2014 Regular Legislative Session. The policies provid 04, R.S. 17:405 et seq., 36 USCS §106, R.S. 17:263, and R.S. 17:8 e for alternate pathways for certain students with disabilities 1. to be promoted and to graduate with a diploma. The policies HISTORICAL NOTE: Promulgated by the Board of Elementar also expand the role of the IEP team in promotion and gradu y and Secondary Education, LR 31:1288 (June 2005), amended LR ation decisions. 33:2353 (November 2007), LR 39:2214 (August 2013), LR 39:325 Title 28 9 (December 2013), LR 40:2531 (December 2014). EDUCATION §2347. Health Education Part XCVII. Bulletin 1530―Louisiana's IEP Handbook A. The health education course offerings shall be as follo for Students with Exceptionalities ws. Chapter 4. Alternative Pathways to Promotion and G raduation Course Title(s) Units §401. Eligible Students and IEP Team Responsibilities Health Education 1/2 A. Beginning with the 2014-2015 school year, IEP teams shall determine promotion and may establish an alternative p B. Cardiopulmonary resuscitation (CPR) shall be taught. athway for fulfilling graduation requirements, pursuant to re 1. Instruction shall be provided relative to cardiopulm gulations set forth in this Chapter. onary resuscitation and the use of an automated external defi AUTHORITY NOTE: Promulgated in accordance with R.S. 17 brillator. 24.4, R.S. 17:183.2, R.S. 17:183.3, R.S. 17:1941 et seq., and R.S. 1 2. The instructional program shall be one that is natio 7:2925. nally recognized and based on the most current national evid HISTORICAL NOTE: Promulgated by the Board of Elementar ence-based emergency cardiovascular care guidelines. y and Secondary Education, LR 40:2531 (December 2014). 3. The CPR training for students shall be required to p §403. Requirements for Promotion erform hands-on practice to support cognitive learning. A. Beginning in spring 2015 and in accordance with proc 4. The teacher shall not be required to be CPR certifie edures set forth by the LDE, IEP teams shall determine prom d. otion to the next grade level for a student with a disability w 5. The training shall not result in certification of stude ho fails to meet state or local established performance standa nts in CPR. rds on any assessment for purposes of promotion. Such deter 6. The physical presence of an automated external defi mination shall be made only if, in the school year immediate brillator is not required. ly prior to each grade level in which the student would other C. JROTC I and II may be used to meet the health educat wise be required to demonstrate certain proficiency levels in ion requirement provided the following requirements are met. order to advance to the next grade level, the student has not 1. - 2. … otherwise met the local requirements for promotion or has n 3. JROTC I and JROTC II shall include instruction in ot scored at or above the basic achievement level on the Engl CPR, automated external defibrillators, and content relative t ish language arts or mathematics components of the required o dating violence as required by state law.

Louisiana Register Vol. 40, No. 12 December 20, 2014 102 state assessment and at or above the approaching basic achie significant cognitive disabilities who may access alternate vement level on the other. academic achievement standards and achievement levels. On B. If an IEP team determines that the student is not requi ly diplomas earned by students who have pursued the regular red to meet state or local established performance standards academic state standards and who have earned all state-requi on any assessment for purposes of promotion, it shall: red Carnegie credits shall be considered regular diplomas in 1. identify rigorous educational goals for the student; the state and district accountability system, pursuant to feder 2. include diagnostic information, appropriate monitor al laws and regulations. ing and intervention, and other evaluation strategies; E. If an IEP team determines that state-established bench 3. include an intensive instructional program; marks on the required state assessments are no longer a cond 4. provide innovative methods to promote the student’ ition for graduation for a student, it shall: s advancement including flexible scheduling, alternative lear 1. within 30 days of the start of the next school year or ning environments, online instruction, or other interventions course, establish minimum performance requirements in the that are proven to accelerate the learning process and have b student’s IEP relevant to graduation requirements. The LDE een scientifically validated to improve learning and cognitiv shall make available a list of multiple appropriate assessmen e ability; and ts and guidance for use in establishing minimum score requir 5. identify a course of study that promotes college or ements on the assessments that an IEP team may, but shall n workforce readiness, or both, career placement and advance ot be required to, use for this purpose. The IEP team shall co ment, and transition from high school to postsecondary educ nsider establishing minimum performance requirements for ation or work placement. annual academic and functional goals designed to meet the st AUTHORITY NOTE: Promulgated in accordance with R.S. 17 udent’s needs that result from the student’s disability and tha 24.4, R.S. 17:183.2, R.S. 17:183.3, R.S. 17:1941 et seq., and R.S. 1 t will enable the student to be involved in and make progress 7:2925. in the general education curriculum, and to meet other educa HISTORICAL NOTE: Promulgated by the Board of Elementar tional needs of the student that result from the student’s disa y and Secondary Education, LR 40:2531 (December 2014). bility, including the student’s postsecondary goals related to t §405. Requirements for Graduation raining, education, employment, and where appropriate, inde A. Beginning with the 2014-2015 school year, by the end pendent living skills; of eighth grade, the IEP team of a student with a disability sh 2. provide the student and his parent or legal guardian all begin to develop an individual graduation plan pursuant t with information related to how requirements that vary from o Bulletin 741 and the provisions of this Chapter. standard expectations may impact future educational and car B. Beginning with the 2014-2015 school year, if a studen eer options; t with a disability has not met state-established benchmarks 3. require the student to successfully complete IEP go on state assessments for any two of the three most recent sch als and requirements and to ensure that the student meets at l ool years prior to high school, or for the two most recent ad east one of the following conditions, consistent with the IEP: ministrations of any state-established assessments required f a. employment in integrated, inclusive work enviro or graduation, the IEP team may determine if the student is r nments, based on the student’s abilities and local employmen equired to meet state or local established performance standa t opportunities, in addition to sufficient self-help skills to ena rds on any assessment for purposes of graduation. ble the student to maintain employment without direct and c C. Students with disabilities shall be afforded the same o ontinuous educational support from the school district; pportunities to pursue a standard diploma and to exit with all b. demonstrated mastery of specific employability s course credits, honors, and financial awards as other students. kills and self-help skills that indicate that he does not require A student is not guaranteed a diploma and shall meet either t direct and continuous educational support from the school di he standard requirements for graduation or those established strict; or by his IEP team to be awarded a diploma. c. access to services that are not within the legal res D. Pursuant to the Elementary and Secondary Education ponsibility of public education or employment or education Act (ESEA), the state academic content standards shall appl options for which the student has been prepared by the acade y to all public schools and public school students in the state mic program. and include the same knowledge and skills expected of all st AUTHORITY NOTE: Promulgated in accordance with R.S. 17 udents and the same level of achievement expected of all stu 24.4, R.S. 17:183.2, R.S. 17:183.3, R.S. 17:1941 et seq., R.S. 17:29 dents, with the exception of students with the most 25, 20 U.S.C. 6301 et seq., and 20 U.S.C. 1400 et seq. HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 40:2532 (December 2014).

Kimberly Tripeaux Interim Executive Director 1412#015

103 Louisiana Register Vol. 40, No. 12 December 20, 2014 RULE HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 36:2005 (September 2010), amend Board of Elementary and Secondary Education ed LR 40:2533 (December 2014).

Bulletin 1566―Pupil Progression Policies and Procedures Kimberly Tripeaux (LAC 28:XXXIX.503 and 705) Interim Executive Director 1412#016 In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Edu RULE cation has adopted revisions to Bulletin 1566Pupil Progre Board of Elementary and Secondary Education ssion Policies and Procedures: §503, Regular Placement; an d §705, Supports for Students. The revisions require local pu Bulletin 1706―Regulations for Implementation of the pil progression plans to include promotion requirements for Children with Exceptionalities Act (LAC 28:XLIII.133) students with disabilities aligned to the new policies as requi red by Act 833 of the 2014 Regular Legislative Session and r In accordance with R.S. 49:950 et seq., the Administrative emoves the promotion policy for Louisiana alternate assessm Procedure Act, the Board of Elementary and Secondary Edu ent, level 2 (LAA 2) eligible students. The revisions include cation has adopted revisions to Bulletin 1706―Regulations f the elimination of the LAA 2. or Implementation of the Children with Exceptionalities Act: Title 28 §133, Expenditures. The revisions will effectuate the provisi EDUCATION ons of Act 272 of the 2014 Regular Legislative Session regar Part XXXIX. Bulletin 1566―Pupil Progression Policies ding the School Choice Program for Students with Disabiliti and Procedures es concerning scholarship eligibility, eligible service plans, a Chapter 5. Placement Policies―General Requiremen nd removal of the sunset clause of the program. ts Title 28 §503. Regular Placement EDUCATION A. Promotion―Grades K-12 1. Promotion from one grade to another for regular stu Part XLIII. Bulletin 1706Regulations for dents and students with disabilities shall be based on the foll Implementation of the Children with Exceptionalities owing statewide evaluative criteria. Act a. Each plan shall include the school attendance req Subpart 1. Students with Disabilities uirements. Chapter 1. State Eligibility b. Each plan shall include the course requirements f Subchapter F. Students with Disabilities Enrolled by thei or promotion by grade levels. r Parents in Private Schools c. Each plan shall include promotion requirements f §133. Expenditures or LEAP alternate assessments, level 1 (LAA 1) eligible stud A. - D. … ents aligned to policy contained in this bulletin. E. School Choice Program for Certain Students with Exc d. Each plan shall include promotion requirements f eptionalities or students with disabilities aligned to policies included in B 1. Introduction ulletin 1530Louisiana’s IEP Handbook for Students with a. The purpose of the school choice program for cer Exceptionalities. tain students with exceptionalities, hereafter referred to as th e. Each plan shall include other applicable requirem e “program,” shall be to provide certain students with except ents, including the high stakes policy requirements for enteri ionalities the opportunity to attend schools of their parents’ c ng students in fifth or ninth grade. hoice that provide educational services specifically tailored t B. - E.1.b. … o address said students’ specific needs. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 2. Definitions 7 and R.S. 17:24.4. a. Approved Non-public School HISTORICAL NOTE: Promulgated by the Board of Elementar i. non-public school that meets the following crit y and Secondary Education, LR 25:2171 (November 2000), amend eria: ed LR 26:1433 (July 2000), LR 26:1576 (August 2000), LR 27:188 (a). approved by the state Board of Elementary a (February 2001), LR 27:1006 (July 2001), LR 27:1682 (October 20 nd Secondary Education pursuant to R.S. 17:11 and accordin 01), LR 29:123 (February 2003), LR 30:407 (March 2004), LR 31: g to Brumfield, et al. v. Dodd, et al. 425 F. Supp. 528. 1974 (August 2005), LR 31:3103 (December 2005), LR 33:2063 (October 2007), LR 34:2389 (November 2008), LR 36:2003 (Septe b. - h.i. … mber 2010), LR 40:2533 (December 2014). i. Services Plana plan that provides the basis for Chapter 7. High Stakes Testing Policy services programming for students with exceptionalities as s §705. Supports for Students pecified in Bulletin 1530; or A. Remediation j. Nonpublic School Created Plana plan that is cr 1. - 4. … eated by the nonpublic school that the student will attend tha 5. Repealed. t clearly identifies the services provided by the school and sp B. - B.2.c. … ecifies how those services adequately address the student’s n AUTHORITY NOTE: Promulgated in accordance with R.S. 17 eeds. 7 and R.S. 17:24.4.

Louisiana Register Vol. 40, No. 12 December 20, 2014 104 3. Eligibility 4. Finances a. Student Eligibility a. Parental Obligations i. A student shall be eligible to participate in the i. Parents of eligible students shall be responsible program after submission of an application to the Louisiana for paying any outstanding tuition obligations regardless of t Department of Education on a timeline established by the de he educational certificate award, except for undisbursed edu partment and in accordance with the following requirements: cational certificate funds. (a). - (a).(vii). … b. School Obligations (b). having an individual education plan or a serv i. Any eligible school shall not increase tuition ab ices plan for any service in accordance with title 34 of the C ove itemized calculations provided to the Louisiana Departm ode of Federal Regulations part 300.37 or a nonpublic schoo ent of Education by the school during eligibility determinati l created plan; on. (c). eligibility to attend public school and enter i ii. Any eligible school shall not require parents to nto kindergarten or grades 1-12. pay for undisbursed educational certificate funds, unless stud ii. An eligible student may be expelled from the s ent becomes ineligible for the program but remains at the sc chool in accordance with the school’s discipline policies or hool. may be disqualified from enrollment if the student is no long iii. Any eligible school shall be subject to an audit er eligible for the program as determined by the department. of educational certificate funds by the Department of Educat b. School Eligibility ion. i. A non-public school shall be eligible to enroll s c. Louisiana Department of Education Obligations tudents through the program if it: i. The Louisiana Department of Education shall d (a). is an approved non-public school, as determi etermine the total amount of the educational certificate. ned by the state Board of Elementary and Secondary Educati ii. The Louisiana Department of Education shall d on pursuant to R.S. 17:11 and has been so approved for the s isburse educational certificate funds in four separate paymen chool year prior to the school’s participation in the program; ts to the eligible school in the months of September, Novem and ber, February, and May. (b). has provided needed educational services to iii. Payments shall be based on per pupil count dat students with exceptionalities, as defined in R.S. 17:1942, ex es as determined by the Louisiana Department of Education. cluding students deemed to be gifted or talented, for at least t The count dates used are the fifteenth of September, Novem wo years; ber, February, and the fifth of May. (c). has provided needed services to students by t iv. Should any of the count dates occur on a week eachers holding appropriate special education certification or end, the count shall take place no later than the next business other appropriate education and training as defined in Bulleti day. n 1706; and v. Should an eligible student begin attending an el (d). provides services and instruction in accordan igible non-public school after the start of the school year, the ce with a student’s individual education plan and/or services Louisiana Department of Education shall determine the meth plan; and od of disbursing the appropriate educational certificate amou (e). operates in a parish having a population in e nt. xcess of 190,000 persons according to the most recent federa 5. Notifications of Change l decennial census. a. School Notification Requirements ii. A non-public school seeking eligibility for this i. Any participating school shall notify the Louisi program shall provide the Louisiana Department of Educatio ana Department of Education in writing within 10 days when n with the following documents in accordance with timelines there are changes in eligibility requirements including but no determined by the Louisiana Department of Education: t limited to: tuition, enrollment status, transfer, IEP, continuo (a). a list of student exceptionalities that the scho us attendance, and other types of financial aid as defined in t ol is able and willing to serve, as defined in R.S. 17:1942; his bulletin. (b). an itemized tuition calculation including all c 6. Student Records osts for special education services and all mandatory fees for a. Any participating school shall make all program the upcoming year, as well as the previous year. participants’ records available upon request by the Louisiana iii. Any non-public school that does not meet these Department of Education. requirements shall not receive approval for program particip 7. Re-enrollment ation. a. Each eligible school and student shall submit a r c. Eligible School Obligations e-enrollment application to continue participation in the prog i. Once a non-public school is determined to be e ram the following school year. If either the school or student ligible for the program it shall provide the following assuran loses eligibility, another initial application for the program m ces and information, as well as meet the following deadlines ay be submitted to the Louisiana Department of Education. in order to retain eligibility: 8. Lottery (a). - (e). … a. The Louisiana Department of Education shall hol d a lottery for eligible, non-continuing students prior to the st art of the school year, if demand for the program exceeds av ailable slots.

105 Louisiana Register Vol. 40, No. 12 December 20, 2014 AUTHORITY NOTE: Promulgated in accordance with R.S. 17:4 a. biology; 031 et seq. b. chemistry; HISTORICAL NOTE: Promulgated by the Board of Elementar c. 2 units from the following courses: physical scien y and Secondary Education, LR 34:2041 (October 2008), amended ce, integrated science, physics I, physics of technology I, aer LR 38:1401 (June 2012), LR 40:2533 (December 2014). ospace science, biology II, chemistry II, earth science, envir onmental science, physics II, physics of technology II, agrisc Kimberly Tripeaux ience II, anatomy and physiology, or a locally initiated electi Interim Executive Director 1412#017 ve approved by BESE as a science substitute; i. students may not take both integrated science a RULE nd physical science. ii. agriscience I is a prerequisite for agriscience II Board of Elementary and Secondary Education and is an elective course; 4. social studies—4 units, shall be: Bulletin 741 (Nonpublic)―Louisiana Handbook for a. 1 unit of civics or AP American government, or 1 Nonpublic School Administrators /2 unit of civics or AP American Government and 1/2 unit of (LAC 28:LXXIX.2109 and Chapter 23) free enterprise; b. 1 unit of U.S. history; In accordance with R.S. 49:950 et seq., the Administrative c. 1 unit from the following: world history, world g Procedure Act, the Board of Elementary and Secondary Edu eography, western civilization, or AP European history; cation adopted revisions to Bulletin 741—Louisiana Handbo d. 1 unit from the following: world history, world g ok for School Administrators: §2109, High School Graduatio eography, western civilization, AP European history, law stu n Requirements; §2305, Art; §2309, Dance; §2313, English; dies, psychology, sociology, African American studies, econ §2317, Foreign Languages; §2323, Mathematics; §2325, Mu omics, world religions, history of religion, or religion I, II, II sic; §2329, Science; §2331, Social Studies; and §2337. The r I, or IV; evisions update graduation requirements to align with Taylor 5. health and physical education—2 units; Opportunity Program for Students (TOPS) core courses as st 6. foreign language—2 units, shall be 2 units from the ated in Act 566 of the 2014 Regular Legislative Session and same foreign language or two speech courses; Act 359 of the 2013 Regular Legislative Session and with th 7. arts—1 unit, shall be one unit of art (§2305), dance e graduation requirements for public schools. Also, the revisi (§2309), media arts (§2324), music (§2325), theatre, or fine ons provide the option of the career diploma for nonpublic s arts survey; chool students and the State Biliteracy Seal as proposed in A NOTE: Students may satisfy this requirement by earning half ct 99 of the 2014 Regular Legislative Session. Lastly, gradua credits in two different arts courses. tion requirements for students entering ninth grade prior to 2 8. electives—3 units; 008-2009 have been deleted. 9. total—24 units. Title 28 C. For incoming freshmen in 2009-2010 through 2014-2 EDUCATION 015 who are completing the Louisiana Basic Core Curriculu Part LXXIX. Bulletin 741 (Nonpublic)―Louisiana m, the minimum course requirements for graduation shall be Handbook for Nonpublic School Administrators the following. Chapter 21. Curriculum and Instruction 1. English—4 units, shall be English I, II, III, and IV o Subchapter C. Secondary Schools r senior applications in English. §2109. High School Graduation Requirements 2. Mathematics—4 units, shall be: A. For incoming freshmen in 2009-2010 and beyond, the a. algebra I (1 unit) or algebra I-pt. 1 and algebra I- 24 units required for graduation shall include 16 required uni pt. 2 (2 units); ts and 8 elective units for the Louisiana Basic Core Curricul b. geometry; um, or 21 required units and 3 elective units for the Louisian c. the remaining units shall come from the followin a Core 4 Curriculum. g: B. For incoming freshmen from 2009-2010 to 2013-2014 i. algebra II; who are completing the Louisiana Core 4 Curriculum, the mi ii. financial mathematics; nimum course requirements shall be the following: iii. math essentials; 1. English—4 units, shall be English I, II, III, and IV; iv. advanced mathematics-pre-calculus; 2. mathematics—4 units, shall be: v. advanced mathematics-functions and statistics; a. algebra I (1 unit) or algebra I-Pt. 2; vi. pre-calculus; b. geometry; vii. calculus; c. algebra II; viii. probability and statistics; d. the remaining unit shall come from the following: ix. discrete mathematics; or financial mathematics, math essentials, advanced mathemati x. a locally initiated elective approved by BESE a cs-pre-calculus, advanced mathematics-functions and statisti s a math substitute. cs, pre-calculus, calculus, probability and statistics, discrete 3. Science—3 units, shall be: mathematics, AP Calculus BC, or a locally-initiated elective a. biology; approved by BESE as a math substitute; b. 1 unit from the following physical science cluster: 3. science—4 units, shall be: i. physical science;

Louisiana Register Vol. 40, No. 12 December 20, 2014 106 ii. integrated science; v. IB math studies (math methods); iii. chemistry I; vi. calculus; iv. physics I; vii. AP calculus AB; v. physics of technology I; viii. IB mathematics SL; c. 1 unit from the following courses: ix AP calculus BC; i. aerospace science; x. AP statistics; ii. biology II; xi. IB further mathematics HL; iii. chemistry II; xii. IB mathematics HL; iv. earth science; 3. science—four units: v. environmental science; a. biology I; vi. physics II; b. chemistry I; vii. physics of technology II; c. two units from the following: viii. agriscience II; i. earth science; ix. anatomy and physiology; ii. environmental science; x. an additional course from the physical science iii. physical science; cluster; or iv. agriscience II—the elective course agriscience xi. a locally initiated elective approved by BESE a I is a pre-requisite; s a science substitute. v. one of: (a). Students may not take both integrated scienc (a). chemistry II; e and physical science. (b). AP chemistry; (b). Agriscience I is a prerequisite for agriscience (c). IB chemistry I; II and is an elective course. (d). IB chemistry II; 4. Social Studies—3 units, shall be: vi. one of: a. 1 unit of civics and/or AP American government, (a). AP environmental science; or 1/2 unit of civics or AP American government and 1/2 uni (b). IB environmental systems; t of free enterprise; vii. one of: b. 1 unit of U.S. history; (a). physics I; c. 1 unit from the following: world history, world g (b). IB physics I; eography, western civilization, or AP European history. viii. one of: 5. Health and physical education—2 units. (a). AP physics C: electricity and magnetism; 6. Electives—8 units. (b). AP physics C: mechanics; 7. Total—24 units. (c). IB physics II; D. For incoming freshmen in 2014-2015 and beyond wh ix. AP physics I and AP physics II; o are completing the TOPS university diploma, the minimu x. one of: m course requirements shall be the following: (a). biology II; 1. English—four units: (b). AP biology; a. English I; (c). IB biology I; b. English II; (d). IB biology II; c. one of the following: 4. social studies—four units: i. English III; a. one unit chosen from: ii. AP English language arts and composition; i. U.S. history; iii. IB literature; ii. AP U.S. history; iv. IB language and literature; iii. IB history of the Americas I; v. IB literature and performance; b. one unit chosen from: d. one of the following: i. civics with a section on free enterprise; i. English IV; ii. government; ii. AP English literature and composition; iii. AP U.S. government and politics: comparative; iii. IB literature; or iv. IB language and literature; iv. AP U.S. government and politics: United States; v. IB literature and performance; c. two units chosen from: 2. mathematics—four units: i. one of: a. algebra I; (a). European history; b. geometry; (b). AP European history; c. algebra II; (c). western civilization; NOTE: Integrated Mathematics I, II, and III may be ii. one of: substituted for the Algebra I, Geometry, and Algebra II (a). world geography; sequence. d. one of the following: (b). AP human geography; i. algebra III; (c). IB geography; ii. advanced math—functions and statistics; iii. one of: iii. advanced math—pre-calculus; (a). world history; iv. pre-calculus; (b). AP world history;

107 Louisiana Register Vol. 40, No. 12 December 20, 2014 (c). IB history of the Americas II; ii. 1 unit from the following: iv. IB economics; (a). chemistry I; v. economics; (b). physical science; vi. AP macroeconomics; (c). earth science; vii. AP microeconomics; (d). agriscience II; viii. history of religion; NOTE: Agriscience I is a prerequisite for Agriscience II and is 5. foreign language—two units: an elective course. a. two units from the same language (§2317); d. environmental science; 6. art—one unit from the following: e. any AP or IB science course; a. art (§2305); f. social studies—2 units: b. music (§2325); i. 1 of the following: c. dance (§2309); (a). U.S. history; d. theatre (§2337); (b). AP U.S. history; e. speech III and IV—one unit combined; (c). IB history of the Americas I; f. fine arts survey; ii. civics; or g. drafting; (a). 1/2 unit of: 7. health and physical education—2 units; (i). government; or 8. electives—three units; (ii). AP U.S. government and politics: 9. total—24 units. comparative; or E. The 23 units required for the career diploma shall incl (iii). AP U.S. government and politics: US; ude academic credits and participation in an approved trainin and g program leading to an approved industry-based credential. (b). 1/2 unit of: This diploma option is available to entering freshmen in 201 (i). economics; or 4-2015 and beyond. (ii). AP macroeconomics; or 1. The minimum course requirements for a career dipl (iii). AP microeconomics; oma for incoming freshmen in 2014-2015 and beyond shall g. health and physical education—2 units; be the following: h. at least nine credits in an approved Jump Start co a. English—4 units: urse sequence, workplace experience or credentials; i. English I; i. total—23 units. ii. English II; F. State Seal of Biliteracy iii. the remaining units shall come from the followi 1. Schools are encouraged but not required to particip ng: ate in the State Seal of Biliteracy program. (a). technical reading and writing; a. If a school opts to participate in the state seal of (b). business English; Biliteracy program, its governing authority shall maintain ap (c). English III; propriate records in order to identify students who have earn (d). English IV; ed the seal and affix the seal to the transcript and diploma of (e). any AP or IB English course; or each student who earns the seal. (f). comparable Louisiana Technical College cou 2. The State Seal of Biliteracy certifies that a student rses offered by Jump Start regional teams as approved by BE meets all of the following criteria: SE; a. has completed all English language arts requirem b. mathematics—4 units: ents for graduation; i. algebra I, applied algebra I, or algebra I-Pt. 2 (t b. has passed the reading and English parts of the A he elective course algebra I-Pt. 1 is a pre-requisite); CT series with a score of 19 or above; and ii. the remaining units shall come from the followi c. has demonstrated proficiency in one or more lang ng: uages other than English through one of the methods below. (a). geometry; i. Passing a world language advanced placement (b). financial literacy (formerly financial math); examination with a score of three or higher or a world langu (c). math essentials; age international baccalaureate examination with a score of f (d). algebra II; our or higher. (e). advanced math-functions and statistics; (a). For languages in which an advanced placem (f). advanced math-pre-calculus; ent test is not available, school systems may use an equivale (g). algebra III; nt summative test as approved by the state superintendent of (h). pre-calculus; education. (i). comparable Louisiana Technical College cou ii. Successful completion of a four-year high scho rses offered by Jump Start regional teams as approved by BE ol course of study in a world language or successful complet SE; ion of seven Carnegie units or more in language or content c (j). integrated mathematics I, II, and III may be s ourses in a world language immersion setting. ubstituted for algebra I, geometry, and algebra II and shall co iii. Passing a foreign government’s approved langu unt as 3 math credits; age examination and receiving a receipt of a certificate of co c. science—2 units: mpetency from the authorizing government agency at: i. 1 unit of biology; (a). the European B2 level;

Louisiana Register Vol. 40, No. 12 December 20, 2014 108 (b). American Council on the Teaching of Foreig Reading II (elective credit) 1 n Languages Advanced Low level; or AP English Language Arts and Composition 1 (c). equivalent measures. AP English Literature and Composition 1 IB Literature 1 3. If the primary language of a student in grades 9 thro IB Language and Literature 1 ugh 12 is other than English, he shall do both of the followin IB Literature and Performance 1 g to qualify for the State Seal of Biliteracy: English as a Second Language (ESL) I, II, III, and IV 1 each a. attain the early advanced proficiency level on the (elective credit) English language development assessment; and b. meet the requirements of Paragraph 2 of this Sub AUTHORITY NOTE: Promulgated in accordance with R.S. 17 section. 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. S. 17:391.1-391.10, and R.S. 44:411. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 HISTORICAL NOTE: Promulgated by the Board of Elementar 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. y and Secondary Education, LR 29:2353 (November 2003), amend S. 17:391.1-391.10, and R.S. 44:411. ed LR 31:3085 (December 2005), LR 34:2101 (October 2008), LR HISTORICAL NOTE: Promulgated by the Board of Elementar 39:1448 (June 2013), LR 40:2538 (December 2014). y and Secondary Education, LR 29:2351 (November 2003), amend ed LR 30:2776 (December 2004), LR 31:3081 (December 2005), L §2317. Foreign Languages R 34:2099 (October 2008), LR 36:2849 (December 2010), LR 37:2 A. The foreign language course offerings shall be as foll 142, 2144 (July 2011), repromulgated LR 37:2390 (August 2011), a ows. mended LR 37:2597 (September 2011), LR 38:769 (March 2012), LR 38:1008 (April 2012), LR 39:1444 (June 2013), LR 40:2535 (D Course Title Unit(s) ecember 2014). Chinese I, II, III, IV 1 each Chapter 23. High School Program of Studies French I, II, III, IV, V 1 each §2305. Art German I, II, III, IV, V 1 each Greek I, II, III, IV 1 each A. Art course offerings shall be as follows. Hebrew I, II, III, IV 1 each Italian I, II, III, IV, V 1 each Course Title Unit(s) Latin I, II, III, IV, V 1 each Art I, II, III, IV 1 each Russian I, II, III, IV, V 1 each AP Art History 1 Spanish I, II, III, IV, V 1 each Talented Art I, II, III, IV 1 each Japanese I, II, III, IV 1 each AP Studio Art:2-D Design 1 Hebrew I, II, III, IV 1 each AP Studio Art:3-D Design 1 Arabic I, II, III, IV 1 each AP Studio Art: Drawing 1 American Sign Language I, II, III, IV 1 each IB Visual Arts 1 IB Language ab initio: Arabic 1 Fine Arts Survey 1 IB Language B: Arabic 1 AP Chinese Language and Culture 1 B. … AP French Language and Culture 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 AP German Language and Culture 1 AP Italian Language and Culture 1 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. AP Japanese Language and Culture 1 S. 17:391.1-391.10, and R.S. 17:411. AP Latin 1 HISTORICAL NOTE: Promulgated by the Board of Elementar AP Spanish Language and Culture 1 y and Secondary Education, LR 29:2353 (November 2003), amend IB Language ab initio: French 1 ed LR 31:3085 (December 2005), LR 37:2143 (July 2011), LR 40:2 IB Language French 1 538 (December 2014). IB Language ab initio: Spanish 1 §2309. Dance IB Language B: Spanish 1 A. Dance course offerings shall be as follows. IB Language ab initio: German 1 IB Language B: German 1 IB Language ab initio: Chinese 1 Course Title Unit(s) IB Language B: Chinese 1 Dance I, II, III, IV 1 each IB Language ab initio: Italian 1 IB Dance 1 IB Language B: Italian 1 IB Language ab initio: Japanese 1 B. … IB Language B: Japanese 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 IB Classical Language 1 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. S. 17:391.1-391.10, and R.S. 17:411. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 HISTORICAL NOTE: Promulgated by the Board of Elementar 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. y and Secondary Education, LR 31:3085 (December 2005), amende S. 17:391.1-391.10, and R.S. 17:411. d LR 40:2538 (December 2014). HISTORICAL NOTE: Promulgated by the Board of Elementar §2313. English y and Secondary Education, LR 29:2354 (November 2003), amend A. The English course offerings shall be as follows. ed LR 31:3086 (December 2005), LR 38:770 (March 2012), LR 40: 2538 (December 2014). Course Title(s) Units §2323. Mathematics English I, II, III, and IV 1 each A. The mathematics course offerings shall be as follows. Business English 1 (for incoming freshmen prior to 2008-2009) Course Title Unit(s) Senior Applications in English 1 Advanced Mathematics I 1 Reading I (elective credit) 1 Advanced Mathematics II 1

109 Louisiana Register Vol. 40, No. 12 December 20, 2014 Course Title Unit(s) HISTORICAL NOTE: Promulgated by the Board of Elementar Algebra I 1 y and Secondary Education, LR 29:2355 (November 2003), amend Algebra I-Part I 1 ed LR 31:3087 (December 2005), LR 39:1449 (June 2013), LR 40: Algebra 1-Part II 1 2539 (December 2014). Algebra II 1 §2329. Science Calculus 1 Discrete Mathematics 1 A. The science course offerings shall be as follows. Financial Mathematics (Literacy) 1 Geometry 1 Course Title Unit(s) Integrated Mathematics I 1 Aerospace Science 1 Integrated Mathematics II 1 Agriscience II 1 Integrated Mathematics III 1 Anatomy and Physiology 1 Pre-Calculus 1 Biology I, II 1 each Probability and Statistics 1 Chemistry I, II 1 each Math Essentials 1 Earth Science 1 AP Calculus BC 1 Environmental Science 1 AP Calculus AB 1 Integrated Science 1 AP Statistics 1 Physical Science 1 IB Math Studies (Math Methods) 1 Physics I, II 1 each IB Mathematics SL 1 AP Chemistry 1 IB Further Mathematics HL 1 IB Chemistry I 1 IB Mathematics HL 1 IB Chemistry II 1 AP Environmental Science 1 IB Environmental Systems 1 B. Financial mathematics may be taught by the business IB Physics I 1 education department. AP Physics C: Electricity and Magnetism 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 AP Physics C: Mechanics 1 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. IB Physics II 1 S. 17:391.1-391.1, and R.S. 44:411. AP Physics I and II ½ each HISTORICAL NOTE: Promulgated by the Board of Elementar AP Biology 1 y and Secondary Education, LR 29:2354 (November 2003), amend IB Biology I 1 ed LR 30:2776 (December 2004), LR 31:3086 (December 2005), L IB Biology II 1 R 34:2101 (October 2008), LR 36:2849 (December 2010), LR 38:7 71 (March 2012), LR 39:1449 (June 2013), LR 40:2538 (December AUTHORITY NOTE: Promulgated in accordance with R.S. 17 2014). 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. §2325. Music S. 17:391.1-391.10, and R.S. 44:411. A. Music course offerings shall be as follows. HISTORICAL NOTE: Promulgated by the Board of Elementar y and Secondary Education, LR 29:2355 (November 2003), amend Course Title Unit(s) ed LR 31:3087 (December 2005), LR 34:2101 (October 2008), LR Beginning Band 1 39:1450 (June 2013), LR 40:2539 (December 2014). Beginning Choir 1 §2331. Social Studies Beginning Orchestra 1 A. Social studies course offerings shall be as follows. Guitar Class 1 Intermediate Band 1 Course Title Unit(s) Intermediate Choir 1 African American Studies 1 Intermediate Orchestra 1 American Government 1 Jazz Ensemble 1 U.S. History 1 Music Theory I, II 1 each Civics 1 (or 1/2) Piano class 1 Economics 1 Sectional Rehearsal 1 Free Enterprise System 1/2 Studio Piano, I, II, III 1 each Law Studies 1 Advanced Band 1 Psychology 1 Advanced Choir 1 Sociology 1 Advanced Orchestra 1 Western Civilization 1 Applied Music 1 World Geography 1 Small Vocal Ensemble 1 World History 1 Wind Ensemble 1 AP European History 1 Sectional Rehearsal 1 AP U.S. History 1 Studio Strings I, II, III 1 each IB History of the Americas I 1 Music and Media 1 AP U.S. Government and Politics: Comparative 1 Music and Technology 1 AP U.S. Government and Politics: United States 1 Talented Music I, II, III, IV 1 each AP Macroeconomics 1 AP Music Theory 1 AP Microeconomics 1 IB Music 1 AP Human Geography 1 Marching Band ½ IB Geography 1 AP World History 1 B. - C. … IB History of the Americas II 1 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 IB Economics 1 6(A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. S. 17:391.1-391.10, and R.S. 44:411.

Louisiana Register Vol. 40, No. 12 December 20, 2014 110 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 mirror the federal rules and regulations as they apply to Loui 6 (A)(10), (11), and (15), R.S. 17:7(6), R.S. 17:10, R.S. 17:22(6), R. siana's affected sources. This Rule meets an exception listed S. 17:391.1-391.10, and R.S. 44:411. in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no r HISTORICAL NOTE: Promulgated by the Board of Elementar eport regarding environmental/health benefits and social/eco y and Secondary Education, LR 29:2356 (November 2003), amend ed LR 31:3088 (December 2005), LR 34:2102 (October 2008), LR nomic costs is required. 37:2144 (July 2011), LR 37:2598 (September 2011), LR 38:771 (M Title 33 arch 2012), LR 39:1450 (June 2013), LR 40:2539 (December 2014). ENVIRONMENTAL QUALITY §2337. Theatre Arts Part III. Air A. The theatre arts course offerings shall be as follows. Chapter 30. Standards of Performance for New Statio nary Sources (NSPS) Course Title(s) Units Subchapter A. Incorporation by Reference Theatre I, II, III, IV 1 each §3003. Incorporation by Reference of 40 Code of Feder Technical Theatre 1 al Regulations (CFR) Part 60 Theater Design and Technology 1 A. - B.9. … Talented Theatre I, II, III, IV 1 each IB Film Study I 1 IB Theatre 1 40 CFR Part 60 Subpart Heading * * * * * * Emission Guidelines and Compliance Times for B. … Existing Sewage Sludge Incineration Units That AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Subpart MMMM Commenced Construction on or before October 7; R.S. 17:24.4. 14, 2010 (76 FR 15429 – 15454, March 21, HISTORICAL NOTE: Promulgated by the Board of Elementar 2011) y and Secondary Education, LR 29:2356 (November 2003), amend ed LR 31:3088 (December 2005), LR 37:2144 (July 2011), LR 40:2 B.10. - C. … 540 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 30 2054. Kimberly Tripeaux HISTORICAL NOTE: Promulgated by the Department of Envi Interim ronmental Quality, Office of Air Quality and Radiation Protection, 1412#018 Air Quality Division, LR 22:1212 (December 1996), amended LR 23:1681 (December 1997), LR 24:1287 (July 1998), LR 24:2238 RULE (December 1998), amended by the Office of Environmental Assess ment, Environmental Planning Division, LR 25:1239 (July 1999), L Department of Environmental Quality R 25:1797 (October 1999), LR 26:1607 (August 2000), LR 26:246 Office of the Secretary 0, 2608 (November 2000), LR 27:2229 (December 2001), LR 28:9 Legal Division 94 (May 2002), LR 28:2179 (October 2002), LR 29:316 (March 20 03), LR 29:698 (May 2003), LR 30:1009 (May 2004), amended by Incorporation by Reference the Office of Environmental Assessment, LR 31:1568 (July 2005), Existing Sewage Sludge Incineration Units amended by the Office of the Secretary, Legal Affairs Division, LR 31:2446 (October 2005), LR 32:809 (May 2006), LR 32:1596 (Sept (LAC 33:III.3003)(AQ350ft) ember 2006), LR 33:1620 (August 2007), LR 33:2092 (October 20 07), LR 33:2626 (December 2007), LR 34:1391 (July 2008), LR 35 Under the authority of the Environmental Quality Act, R.S 1107 (June 2009), LR 36:2273 (October 2010), LR 37:2990 (Octob 30:2001 et seq., and in accordance with the provisions of th er 2011), LR 38:1230 (May 2012), amended by the Office of the Se e Administrative Procedure Act, R.S. 49:950 et seq., the secr cretary, Legal Division, LR 38:2754 (November 2012), LR 39:1039 etary has amended the Air regulations, LAC 33:III.3003.B.9 (April 2013), LR 39:1277 (May 2013), LR 40:1335 (July 2014), L (Table) (Log #AQ350ft). R 40:2540 (December 2014). This Rule is identical to federal regulations found in 75 C FR 54, which are applicable in Louisiana. For more informat Herman Robinson, CPM ion regarding the federal requirement, contact the Regulation Executive Counsel Development Section at (225) 219-3985 or Box 4302, Baton 1412#054 Rouge, LA 70821-4302. No fiscal or economic impact will r esult from the Rule. This Rule is promulgated in accordance RULE with the procedures in R.S. 49:953(F)(3) and (4). Office of the Governor This Rule incorporates into the Louisiana Administrative Auctioneers Licensing Board Code (LAC) Title 33, Part III, the following federal Subpart title: "Subpart MMMM, Emission Guidelines and Complian LicenseApprentice Auctioneer (LAC 46:III.Chapter 11) ce Times for Existing Sewage Sludge Incineration Units." In order for Louisiana to maintain equivalency with federal reg In accordance with the provisions of the Administrative Pr ulations, certain regulations in the most current Code of Fed ocedure Act, R.S. 49:950 et seq., and through the authority g eral Regulations, July 1, 2013, must be adopted into the Lou ranted in R.S. 37:3101, the Auctioneers Licensing Board has isiana Administrative Code (LAC). This rulemaking is neces amended its existing rules and regulations to further clarify t sary to update the corresponding title in the table for the inco he existing rule for apprentice auctioneers. rporated by reference Section 3003 of Title 33, Part III, of th e air regulations. The basis and rationale for this Rule are to

111 Louisiana Register Vol. 40, No. 12 December 20, 2014 Title 46 4. The auctioneer cannot have any other apprentice be PROFESSIONAL AND OCCUPATIONAL STANDARD ing supervised at the time of application. A supervising aucti S oneer may have only one apprentice working under his super Part III. Auctioneers vision at any time. Chapter 11. License of Auctioneer AUTHORITY NOTE: Promulgated in accordance with R.S. 37 §1117. Qualifications for Licensing as an Apprentice Au 3118. ctioneer HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Auctioneers Licensing Board, LR 40:2541 (December 2014). A. In order to qualify as an apprentice auctioneer, the ap §1119. Apprentice Auctioneer Licensing plicant must comply with the following. A. The licensed Louisiana auctioneer acting as the super 1. The applicant must be at least 18 years of age and h visor for the apprentice auctioneer must hold the apprentice ave a high school diploma or its equivalent. auctioneer's license. Under no circumstances is the apprentic 2. The applicant must be a legal resident of the state o e auctioneer to have, display, or carry his license at any time. f Louisiana. B. When an apprentice auctioneer's employment with the 3. The apprentice applicant must have worked in the a supervising auctioneer is terminated for any reason, the supe uction business for a minimum of one year prior to applicati rvising auctioneer shall immediately deliver or send by regis on for an apprenticeship. tered mail the apprentice auctioneer's license to the board. H 4. The applicant must submit the following: e must sign the back and indicate the termination date. Such a. an application for licensing on a form to be provi apprentice auctioneer shall not engage in any auctioneer acti ded by the board; vity until he receives a new license (for the expired term) be b. an oath of office; aring the name and current license number of his new superv c. a good and sufficient surety bond executed by the ising auctioneer. No more than one license shall be issued to applicant as principal and by a surety company qualified to d any apprentice auctioneer for the same period of time. o business in the state of Louisiana as surety in the amount o C. There will be just one licensed auctioneer supervisor a f $10,000, which shall be delivered to the board at the time o t a time for an apprentice auctioneer. Should the apprentice a f the initial license application (see §1201); uctioneer practice under another licensed auctioneer without d. a certified copy of voter registration or other appr a release from the first, the apprentice auctioneer’s license sh opriate proof of residency; all be suspended. e. application fee in the sum of $100; D. There will be an additional charge of $25 for the new f. a form signed by the supervising Louisiana reside license. nt licensed auctioneer stating that the apprentice will be servi E. The length of time that an applicant shall work as an a ng under him for the term of one year; pprentice auctioneer shall be 12 months. During that period g. a copy of the rules and regulations signed by both of time the apprentice auctioneer shall work and be directly i the apprentice and the supervising auctioneer. nvolved in at least 80 hours over a minimum period of 12 da 5. The apprentice must work under a Louisiana licens ys. ed auctioneer during his one-year training period who has qu F. The apprentice auctioneer shall receive training in the alified as a supervising auctioneer pursuant to §1118 of this following areas: Chapter. 1. the establishment and use of escrow accounts; 6. The prospective apprentice and the supervising Lou 2. bid calling; isiana licensed auctioneer must appear together before the L 3. pre-auction activities which will include: handling c ouisiana Auctioneers Licensing Board at a regularly schedul onsignments, and all related matters, including but not limite ed meeting in order for the application to be considered and d to consignment contracts, the assignment of lot numbers, t approved prior to being granted apprentice status. AUTHORITY NOTE: Promulgated in accordance with R.S. 37 he establishment of conditions and reserves for consignment 3118. s, and advertising; HISTORICAL NOTE: Promulgated by the Department of Com 4. auction day activities which will include: clerking a merce, Auctioneer Licensing Board, LR 11:338 (April 1985), amen t the auction, including writing sale tickets, keeping track of ded by the Department of Economic Development, Auctioneers Lic all sales, and any related paper work or using appropriate au ensing Board, LR 14:786 (November 1988), amended by the Office ction software, ringman/spotter; of the Governor, Auctioneers Licensing Board, LR 31:1326 (June 2 5. post auction activities which will include: closing o 005), LR 37:2147 (July 2011), LR 40:2541 (December 2014). ut the auction and maintaining and balancing auction accoun §1118. Qualifications to be Supervising Auctioneer for t records, collecting and remitting sales taxes to the proper g Apprentice overnment entities, settlements, closeouts and payments to c A. In order to qualify as a supervising auctioneer for an a onsignors. pprentice, the auctioneer must comply with the following. G. Any person acting as an apprentice auctioneer within t 1. The auctioneer must be a Louisiana resident. he meaning of these rules and regulations without a license a 2. The auctioneer must have been licensed by the boar nd any person who violates these rules and regulations shall d for at least five consecutive years at the time of the applica be subject to revocation of his license. The Louisiana tion by the apprentice. 3. Any auctioneer who presently has an apprentice trai ning under him may complete the year. This regulation will a ffect only those who begin an apprenticeship training after th e approval of these regulations.

Louisiana Register Vol. 40, No. 12 December 20, 2014 112 auctioneer serving as sponsoring supervisor is also subject RULE to discipline of his license should his apprentice auctioneer v Office of the Governor iolate these rules and regulations. Board of Examiners of Interior Designers H. The license of an apprentice auctioneer shall be autom atically suspended upon the revocation or suspension of the l Examination and Registration (LAC 46:XLIII.Chapter 9) icense of the Louisiana auctioneer who is his sponsoring sup ervisor or in the event the supervising auctioneer becomes in capacitated; however, the apprentice auctioneer may retain h In accordance with the provisions of the Administrative Pr is license by transferring to the supervision of another Louisi ocedure Act, R.S. 49:950 et seq., and through the authority g ana licensed auctioneer within 21 days of the effective date o ranted in R.S. 37:3171, the Board of Examiners of Interior D f such revocation or suspension. If the apprentice auctioneer esigners has amended its existing rules and regulations to ad does not transfer to another Louisiana licensed auctioneer wi d the definition of a registered interior designer emeritus. thin the 21 days, he must start his one-year apprentice progra Title 46 m over. PROFESSIONAL AND OCCUPATIONAL STANDARD I. This Subsection of the rules and regulations specifical S ly prohibits the apprentice auctioneer from calling an auction Part XLIII. Interior Designers unless the supervising licensed auctioneer is directly supervi Chapter 9. Examination and Registration sing the sale sight at all times. If he does call an auction outs §901. Qualifications for Registration ide of the presence of his supervising auctioneer, his license A. A person desiring to be licensed as an interior designe will be suspended. r shall apply to the board for licensure. Each applicant shall J. Upon completion of the one-year apprentice program, apply to the board on a form and in the manner prescribed b the apprentice auctioneer may apply to take the Louisiana au y the board. To be eligible for the examination, an applicant ctioneer's examination and become licensed in the state of L shall submit satisfactory evidence of having successfully co ouisiana. He must submit the following in order to be consid mpleted at least four years of study at the high school level, ered for administration of the test: and in addition meets at least one of the following requireme 1. a completed application for license as an auctioneer; nts: 2. oath of office; 1. is a graduate from an interior design program of fiv 3. posting of a $10,000 surety bond, made payable to t e years or more and has completed one year of interior desig he Louisiana Auctioneers Licensing Board (see §1201); n experience; 4. a certified copy of voter registration or other approp 2. is a graduate from an interior design program of fou riate proof of residency; r years or more and has completed two years of interior desi 5. application fee in the sum of $300 (this includes the gn experience; $150 license fee, the $75 application fee, and $75 examinati 3. has completed at least three years in an interior desi on fee); gn curriculum and has completed three years of interior desi 6. a form signed by the supervising Louisiana licensed gn experience; auctioneer stating that the apprentice did serve under him for 4. is a graduate from an interior design program of at l the term of twelve months and during which he worked at le east two years and has completed four years of interior desig ast 80 hours over a minimum period of 12 days. Evidence of n experience. the number of days/ auctions, along with the place, date and B. All such education shall have been obtained in a progr time and the type of work done by the apprentice shall be est am, school, or college of interior design accredited by the Co ablished by completion of a form to be provided by the boar uncil for Interior Design Accreditation (CIDA) or any direct d. replacement entity or in an unaccredited program, school or AUTHORITY NOTE: Promulgated in accordance with R.S. 37 college of interior design approved by the board. The unaccr 3112. edited program, school or college of interior design will be e HISTORICAL NOTE: Promulgated by the Department of Com valuated on a case by case basis. The board shall review and merce, Auctioneer Licensing Board, LR 11:338 (April 1985), amen approve interior design experience on a case by case basis. ded by the Department of Economic Development, Auctioneers Lic AUTHORITY NOTE: Promulgated in accordance with R.S. 37 ensing Board, LR 14:786 (November 1988), amended by the Office 3174 and R.S. 37:3177. of the Governor, Auctioneers Licensing Board, LR 31:1326 (June 2 HISTORICAL NOTE: Promulgated by the Department of Com 005), LR 40:2541 (December 2014). merce, Board of Examiners of Interior Designers, LR 11:340 (April 1985), amended by the Department of Economic Development, Bo Sandy Edmonds ard of Examiners of Interior Designers, LR 17:1076 (November 19 Executive Assistant 91), amended by the Office of the Governor, Board of Examiners of 1412#113 Interior Designers, LR 34:1924 (September 2008), LR 40:2542 (De cember 2014).

113 Louisiana Register Vol. 40, No. 12 December 20, 2014 §903. Application Procedure issued a certificate by the board to evidence such licensing. A. Application must be made to the board on application Each holder of a license shall secure a seal of such design as forms obtained from the state Board of Examiners of Interior is prescribed in the rules of the board. All drawings, renderin Designers and required fees filed. Application forms may be gs, or specifications prepared by the holder or under his supe obtained by contacting the board office. rvision shall be imprinted with his seal. B. The application must request the following informatio B. The seal to be used is identified in the following illust n: ration. 1. name; 2. business address and telephone; 3. residential address and telephone; 4. affiliations, if any; 5. educational background; 6. employment background; 7. specialties, if recognized; 8. e-mail address; 9. volunteer status for board committees. AUTHORITY NOTE: Promulgated in accordance with R.S. 37 3174 and R.S. 37:3179. HISTORICAL NOTE: Promulgated by the Department of Com merce, Board of Examiners of Interior Designers, LR 11:340 (April 1985), amended by the Department of Economic Development, Bo ard of Examiners of Interior Designers, LR 17:1077 (November 19 C. Any licensed or registered interior designer who adve 91), amended by the Office of the Governor, Board of Examiners of rtises his services through any medium, including but not li Interior Designers, LR 30:1013 (May 2004), LR 34:1924 (Septemb mited to advertising in newspapers, magazines or on televisi er 2008), LR 40:2543 (December 2014). on, websites and emails, and to stationery and business cards, §905. Reciprocal Registration shall indicate in such advertisement his name, business addr A. Persons providing evidence of registration or licensin ess and registration number. g in another state, whose requirements for registration are eq AUTHORITY NOTE: Promulgated in accordance with R.S. 37 uivalent to Louisiana's requirements and who extend the sam 3179.2. e privilege to those registered in Louisiana, may become regi HISTORICAL NOTE: Promulgated by the Department of Com stered by the board upon payment by such person of the initi merce, Board of Examiners of Interior Designers, LR 11:340 (April al registration fee. 1985), amended by the Department of Economic Development, Bo AUTHORITY NOTE: Promulgated in accordance with R.S. 37 ard of Examiners of Interior Designers, LR 17:1077 (November 19 3174 and R.S. 37:3179. 91), amended by the Office of the Governor, Board of Examiners of HISTORICAL NOTE: Promulgated by the Department of Com Interior Designers, LR 30:1013 (May 2004), LR 34:1925 (Septemb merce, Board of Examiners of Interior Designers, LR 11:340 (April er 2008), LR 40:2543 (December 2014). 1985), amended by the Department of Economic Development, Bo §911. Inactive Status ard of Examiners of Interior Designers, LR 17:1077 (November 19 A. A license which has become inactive may be reactivat 91), amended by the Office of the Governor, Board of Examiners of ed pursuant to this Section upon application to the board and Interior Designers, LR 40:2543 (December 2014). payment of an application fee. §907. Examination B. An applicant who wishes to have his license reactivat A. The examination for purposes of the Act shall be the ed must provide proof to the board that he has completed bo National Council for Interior Design Qualification (NCIDQ) ard-approved continuing education units of not less than five examination, which shall be held at least twice a year in the s hours approved by the board for each year the license was in tate of Louisiana. Application forms for said examinations m active, to be cumulated at the time the applicant applies to ha ay be obtained by contacting NCIDQ directly. The applicant ve his license reactivated. must pass all portions of the examination and submit proof o C. Any license which has been inactive for more than fo f passage to the board. ur years shall automatically expire if the licensee has not ma AUTHORITY NOTE: Promulgated in accordance with R.S. 37 de application for reactivation. Once a license expires, it bec 3177. omes null and void without any further action by the board. HISTORICAL NOTE: Promulgated by the Department of Com At least one year prior to expiration of the inactive license, t merce, Board of Examiners of Interior Designers, LR 11:340 (April he board shall give notice to the licensee at the licensee's last 1985), amended by the Department of Economic Development, Bo ard of Examiners of Interior Designers, LR 17:1077 (November 19 address of record that, unless reactivated, the license will ex 91), amended by the Office of the Governor, Board of Examiners of pire. Interior Designers, LR 34:1924 (September 2008), LR 40:2543 (De AUTHORITY NOTE: Promulgated in accordance with R.S. 37 cember 2014). 3179.1. §909. Seal and Display of License Number HISTORICAL NOTE: Promulgated by the Department of Econ omic Development, Board of Examiners of Interior Designers, LR A. An applicant for licensing who complies with all requ 17:1077 (November 1991), amended by the Office of the Governor, irements established therefor, including the successful compl Board of Examiners of Interior Designers, LR 30:1014 (May 2004), etion of an examination where applicable, shall be LR 40:2543 (December 2014). §913. Application for Inactive Status A. An applicant who wishes to apply for inactive status must file an application provided by the board which require

Louisiana Register Vol. 40, No. 12 December 20, 2014 114 s all information asked of new and renewal applications. Fur RULE ther, the applicant must provide a good and supportable reas Office of the Governor on for inactive status. Inactive status is to be considered a sta Division of Administration tus of last resort, and will only be available to a limited num Office of State Purchasing ber of applicants. Some reasons for obtaining inactive status will be that the applicant is seriously ill; that the applicant is Procurement (LAC 34:V.901, 2503, 2506, a full-time student; or that the applicant will be out of the co 2521, 2534, 2545-2549, 2587-2596 and 3103) untry for longer than 12 months at one time. These reasons a re for explanation only; other reasons may be considered. B. Applications for inactive status will be considered on In accordance with provisions of the Administrative Proce a case by case basis. Applicants may be required to produce dure Act, R.S. 49:950 et seq., the Office of the Governor, Di evidence supporting their claim for inactive status. vision of Administration, Office of State Purchasing, has am C. During inactive status, the designer will not be able to ended Chapters 1, 9, and 31, Procurement, of LAC 34:V. use the term "interior design" or "interior designer" when de Senate Bill 480 was signed by Governor Bobby Jindal and scribing his occupation or the services provided, as prohibite became Act 864 of the 2014 Regular Legislative Session. Ac d by statute. t 864, which becomes effective January 1, 2015, amends and AUTHORITY NOTE: Promulgated in accordance with R.S. 37 reenacts R.S.3:4(B)(1)(b), and chapter 17 of subtitle III of tit 3179.1. le 39 of the Louisiana Revised Statutes of 1950, to be compri HISTORICAL NOTE: Promulgated by the Department of Econ sed of R.S. 39:1551 through 1755, and repeals chapter 16 of omic Development, Board of Examiners of Interior Designers, LR subtitle III of title 39 of the Louisiana Revised Statutes of 19 17:1078 (November 1991), amended by the Office of the Governor, 50, comprised of R.S. 39:1481 through 1526. The amended a Board of Examiners of Interior Designers, LR 40:2543 (December nd reenacted statutes effectively combine Louisiana’s procur 2014). ement of services provisions (formerly chapter 16 of title 39) §915. Emeritus Status into the Louisiana Procurement Code (chapter 17 of title 39) A. A registrant retired from practice who has either practi and places all authority, duties and responsibilities under a n ced interior design for 25 years or more or who is 65 years o ew central purchasing agency identified as the Office of Stat f age or older may request emeritus status. Only a registrant e Procurement. who is fully and completely retired from the practice of inter The following amendments are necessary in order to bring ior design my request emeritus status. Any registrant who is current into compliance with Act 864. presently receiving or who anticipates receiving in the future Title 34 any salary, income, fees, or other compensation (other than r GOVERNMENT CONTRACTS, PROCUREMENT AN etirement income) from an interior design client, interior des D PROPERTY CONTROL ign or architecture firm, architect, design professional, or an Part V. Louisiana Procurement Code y other person for the practice of interior design in ineligible Chapter 25. Procurement of Professional, Personal, C for emeritus status. The annual renewal fee for an approved onsulting, Social Services, and Energy Eff emeritus registrant is $5. Revocation and reinstatement rules iciency Contracts apply to an emeritus registrant, just as they do to any other re Subchapter A. General Provisions gistrant. §2503. Definitions and Classes of Contractual Services B. Emeritus status is not available to those on inactive st [Formerly LAC 34:V.103] atus. A. ... C. Those who have been granted emeritus status pursuan 1. Personal Services t to Subsection A may call themselves registered interior desi 2. Professional Servicefor contracts with a total am gner emeritus only. ount of compensation of $50,000 or more, the definition of D. Should the registrant decide to come out of emeritus s "professional service" shall be limited to lawyers, doctors, d tatus, the registrant would have to go through the same proce entists, veterinarians, architects, engineers, landscape archite ss as a new licensee, including license fees and testing requir cts, accountants, claims adjusters, and any other profession t ements as those who are seeking initial licensure. hat may be added by regulations adopted by the Office of Co AUTHORITY NOTE: Promulgated in accordance with R.S. 37 ntractual Review of the Division of Administration. 3179.1. HISTORICAL NOTE: Promulgated by the Office of the Gover 3. Consulting Service nor, Board of Examiners of Interior Designers, LR 40:2544 (Decem 4. ... ber 2014). 5. Social Service 6a. - 7. ... Sandy Edmonds AUTHORITY NOTE: Promulgated in accordance with R.S. 39 Executive Director 1490(B). 1412#114 HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR 7:181 (April 1981), amended LR 8:591 (November

115 Louisiana Register Vol. 40, No. 12 December 20, 2014 1982), LR 10:455 (June 1984), LR 11:1067 (November 1985), L certified public accountant or the Louisiana Legislative R 13:652 (November 1987), LR 17:264 (March 1991), LR 20:542 Auditor's Office. A contract compliance audit must include a (May 1994), amended by the Office of State Purchasing, LR 40:254 n examination of reimbursed expenditures to determine if th 4 (December 2014). ey are in accord with contract terms, not reimbursed by any §2506. Contracts for $10,000 or Less other source, and in accord with any guidelines set by the usi [Formerly LAC 34:V.106] ng agency or other relevant authority. This examination shall A. - B. ... be conducted in accordance with generally accepted auditing C. The using agency shall submit a quarterly report to th and sampling procedures, including the Government Auditin e Office of Contractual Review. This report shall contain a li g Standards. sting of all small purchase contracts to include: the name of a. - d. ... contractor, amount of contract, specific nature of services re AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ndered, date of contract, and total dollar amount of all small 1490(B) and 39:1521. purchase contracts entered into by the using agency for that HISTORICAL NOTE: Promulgated by the Office of the Gover quarter. If no such contracts have been entered into during th nor, Division of Administration, Office of Contractual Review, LR is period, a report shall still be submitted notifying the Offic 15:82 (February 1989), amended by the Office of State Purchasing, e of Contractual Review of same. LR 40:2545 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 39 Subchapter B. Contracts Let Via a Request for 1490(B). Proposals Process HISTORICAL NOTE: Promulgated by the Office of the Gover §2545. Request for Proposals nor, Division of Administration, Office of Contractual Review, LR [Formerly LAC 34:V.145] 7:179 (April 1981), amended LR 8:591 (November 1982), LR 10:4 A. - A.7.c. ... 55 (June 1984), LR 11:1068 (November 1985), LR 17:265 (March 8. - 12. Repealed. 1991), amended by the Office of State Purchasing, LR 40:2545 (De AUTHORITY NOTE: Promulgated in accordance with R.S. 39 cember 2014). 1490(B). §2521. Contractual Review Process HISTORICAL NOTE: Promulgated by the Office of the Gover [Formerly LAC 34:V.121] nor, Division of Administration, Office of Contractual Review, LR A. Contracts arriving in the Office of Contractual Revie 4:495 (December 1978), amended LR 7:180 (April 1981), LR 8:59 w will be date stamped and logged in. Contracts should be s 4 (November 1982), LR 10:459 (June 1984), LR 11:1072 (Novemb ubmitted prior to their effective dates and no contract shall b er 1985), amended by the Office of State Purchasing, LR 40:2545 e approved which has been submitted 60 days after its effecti (December 2014). ve date unless written justification is provided by the using a Subchapter B. Contracts Let Via a Request for Proposals gency and approval granted by the director of contractual rev Process iew or his designee. All submittals will be required to have a §2547. Contracts for Data Processing Consulting cover letter attached thereto. Services [Formerly LAC 34:V.147] B. - E.10.b.ii. ... Repealed. F. Each contract over $5,000 submitted for approval shal AUTHORITY NOTE: Promulgated in accordance with R.S. 39 l be accompanied by a certification letter as described in R.S 1490(B). 39:1497, signed by the using agency's representative. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR G. - L. ... 10:460 (June 1984), amended LR 11:1073 (November 1985), LR 1 M. A performance evaluation for every personal, professi 3:655 (November 1987), repealed by the Office of State Purchasing, onal, consulting or social services contract shall be done by t LR 40:2545 (December 2014). he using agency in accordance with R.S. 39:1500. This perfo Subchapter C. Contracts for Data Processing Consulting rmance evaluation shall be retained by the using agency for Services in an Amount Greater than $100, all small purchase contracts approved under delegated author 000 ity. For all other contracts this performance evaluation shall §2549. Procurement Support Team be submitted to the Office of Contractual Review within 120 [Formerly LAC 34:V.149] days after the termination of the contract. A. Unless a procurement support team is formed in accor AUTHORITY NOTE: Promulgated in accordance with R.S. 39 dance with R.S.39:200(I), a procurement support team shall 1490(B). be formed in accordance with the procedures defined herein HISTORICAL NOTE: Promulgated by the Office of the Gover for every contract for the procurement of data processing co nor, Division of Administration, Office of Contractual Review, LR 7:182 (April 1981), amended LR 8:592 (November 1982), LR 10:4 nsulting services in an amount greater than $100,000. The fo 56 (June 1984), LR 11:1069 (November 1985), LR 13:87 (February rmation of a procurement support team shall be accomplishe 1987), LR 13:653 (November 1987), LR 15:81 (February 1989), a d by the Office of Contractual Review and shall include one mended by the Office of State Purchasing, LR 40:2545 (December or more representatives from each of the following: the Offic 2014). e of Contractual Review, the Attorney General's Office; the u §2534. Cost Reimbursement Contracts sing agency initiating the procurement action; and the Legisl [Formerly LAC 34:V.134] ative Fiscal Office. The procurement support team shall sub A. - A.2. ... mit a recommendation to the Director of the Office of Contra 3. the contract shall require the contractor to obtain a c ctual Review concerning the final contract. Where a procure ontract compliance audit of expenditures charged to the cont ment support team is formed in accordance with R.S. 39:200 ract. This compliance audit shall be performed by a (I), the requirements

Louisiana Register Vol. 40, No. 12 December 20, 2014 116 of this section may be met by including a representative fr HISTORICAL NOTE: Promulgated by the Office of the Gover om the Attorney General’s Office. nor, Division of Administration, Office of Contractual Review, LR B. ... 7:185 (April 1981), amended LR 8:597 (November 1982), LR 10:4 AUTHORITY NOTE: Promulgated in accordance with R.S. 39 63 (June 1984), LR 11:1076 (November 1985), LR 15:84 (February 1490(B). 1989), repealed by the Office of State Purchasing, LR 40:2546 (De HISTORICAL NOTE: Promulgated by the Office of the Gover cember 2014). nor, Division of Administration, Office of Contractual Review, LR §2594. Appendix E―Quarterly Report on Small 10:460 (June 1984), amended LR 11:1073 (November 1985), amen Purchase Contracts ded by the Office of State Purchasing, LR 40:2545 (December 201 [Formerly LAC 34:V.197] 4). Repealed. Subchapter D. Revised Statutes AUTHORITY NOTE: Promulgated in accordance with R.S. 39 §2587. Revised Statutes 1490(B). [Formerly LAC 34:V.187] HISTORICAL NOTE: Promulgated by the Office of the Gover A. These regulations shall be read and interpreted jointly nor, Division of Administration, Office of Contractual Review, LR with R.S. 39:1551-1755. 8:597 (November 1982), amended LR 10:463 (June 1984), LR 11:1 076 (November 1985), LR 15:84 (February 1989), LR 17:266 (Mar B. ... ch 1991), repealed by the Office of State Purchasing, LR 40:2546 AUTHORITY NOTE: Promulgated in accordance with R.S. 39 (December 2014). 1490(B). §2595. Appendix F―Performance Evaluation HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR [Formerly LAC 34:V.199] 4:497 (December 1978), amended LR 7:183 (April 1981), LR 8:59 Repealed. 6 (November 1982), LR 10:461 (June 1984), LR 11:1074 (Novemb AUTHORITY NOTE: Promulgated in accordance with R.S. 39 er 1985), amended by the Office of State Purchasing, LR 40:2546 1490(B). (December 2014). HISTORICAL NOTE: Promulgated by the Office of the Gover Subchapter E. Appendices nor, Division of Administration, Office of Contractual Review, LR §2589. Appendix A―Sample Contract 10:463 (June 1984), amended LR 11:1076 (November 1985), repea led by the Office of State Purchasing, LR 40:2546 (December 201 [Formerly LAC 34:V.189] 4). Repealed. §2596. Appendix G―Sample Auditor's Opinion for AUTHORITY NOTE: Promulgated in accordance with R.S. 39 Contract Compliance Audits 1490(B). HISTORICAL NOTE: Promulgated by the Office of the Gover [Formerly LAC 34:V.201] nor, Division of Administration, Office of Contractual Review, LR Repealed. 7:183 (April 1981), amended LR 8:596 (November 1982), LR 10:4 AUTHORITY NOTE: Promulgated in accordance with R.S. 39 61 (June 1984), LR 11:1074 (November 1985), LR 15:83 (February 1490(B). 1989), repealed by the Office of State Purchasing, LR 40:2546 (De HISTORICAL NOTE: Promulgated by the Office of the Gover cember 2014). nor, Division of Administration, Office of Contractual Review, LR §2591. Appendix B―Sample Certification 15:84 (February 1989), repealed by the Office of State Purchasing, [Formerly LAC 34:V.191] LR 40:2546 (December 2014). Chapter 9. Sole Source Procurement Repealed. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 §901. Application 1490(B). [Formerly LAC 34:I.901] HISTORICAL NOTE: Promulgated by the Office of the Gover A. These provisions shall apply to all sole source procure nor, Division of Administration, Office of Contractual Review, LR ment unless emergency conditions exist as defined in Chapte 7:184 (April 1981), amended LR 8:596 (November 1982), LR 10:4 r 11 (Emergency Procurement) of these regulations. 62 (June 1984), LR 11:1075 (November 1985), LR 15:84 (February B. Repealed. 1989), repealed by the Office of State Purchasing, LR 40:2546 (De AUTHORITY NOTE: Promulgated in accordance with R.S. 39 cember 2014). 1581. §2592. Appendix C―Suggested Checklist for Review of HISTORICAL NOTE: Promulgated by the Office of Governor, Personal, Professional, Consulting and Social Division of Administration, Office of State Purchasing, LR 8:331 (J Services Contracts [Formerly LAC 34:V.193] uly 1982), amended LR 21:566 (June 1995), repromulgated LR 40: Repealed. 1356 (July 2014), amended LR 40:2546 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 39 Chapter 31. Protests and Appeals, Bidder Responsibili 1490(B). ty, Suspension and Debarment of Bidders, HISTORICAL NOTE: Promulgated by the Office of the Gover Contract Controversies nor, Division of Administration, Office of Contractual Review, LR §3103. Application 7:184 (April 1981), amended LR 8:596 (November 1982), LR 10:4 [Formerly LAC 34:I.3103] 62 (June 1984) LR 11:1075 (November 1985), LR 13:655 (Novem A. The following rules shall only apply to hearings held ber 1987), repealed by the Office of State Purchasing, LR 40:2 by boards of higher education and institutions under their jur 546 (December 2014). isdiction in accordance with §§601, 1671, 1672, and 1673 of §2593. Appendix D―Agency Transmittal Letter Title 39 of the Louisiana Revised Statutes, unless the instituti [Formerly LAC 34:V.195] on is operating under a pilot procurement code in accordance Repealed. with R.S. 17:3139.5(5)(c)(i) which has adopted rules or proc AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1490(8). edures that supersede these rules. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581.

117 Louisiana Register Vol. 40, No. 12 December 20, 2014 HISTORICAL NOTE: Promulgated by the Office of the Gover 1. Specification―any description of the physical funct nor, Division of Administration, Office of the Commissioner, LR 9: ional, or performance characteristics, or of the nature of a su 210 (April 1983), amended LR 23:67 (January 1997), repromulgate pply, service, construction or major repair item. The d by the Office of State Purchasing, LR 40:1366 (July 2014), amen ded LR 40:2546 (December 2014).

Jan B. Cassidy Assistant Commissioner 1412#040

RULE Office of the Governor Division of Administration Office of State Purchasing

Reorganization of Procurement Regulations (LAC 34:V.Chapters 1-27)

In order to facilitate the rule changes required by Act 864 of the 2014 Regular Legislative Session, the following Chapt ers have been rearranged to include all aspects of executive branch procurement. The language within the Sections has n ot changed and therefore was not subject to the rule-making procedure. Title 34 GOVERNMENT CONTRACTS, PROCUREMENT AN D PROPERTY CONTROL Part V. Procurement EDITOR’S NOTE: Senate Bill 480 was signed by Governor Bobby Jindal and became Act 864 of the 2014 Regular Legislative Session. Act 864, which becomes effective January 1, 2015, amends and reenacts R.S.3:4(B)(1)(b), and Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:1551 through 1755, and repeals Chapter 16 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:1481 through 1526. The amended and reenacted statutes effectively combine Louisiana’s Procurement of Services provisions (formerly Chapter 16 of Title 39) into the Louisiana Procurement Code (Chapter 17 of Title 39) and places all authority, duties and responsibilities under a new central purchasing agency identified as the Office of State Procurement. Accordingly, effective January 1, 2015, the following Revised Statutes references and citations will take place: Any reference to R.S. 39:1595 will refer to R.S.39:1604. Any reference to R.S. 39:1595.1 will refer to R.S. 39:1604.1. Any reference to R.S. 39:1595.2 will refer to R.S. 39:1604.2. Any reference to R.S. 1595.3 will refer to R.S. 39:1604.3. Any reference to R.S. 39:1595.6 will refer to R.S. 39:1604.6. Any reference to R.S. 39:1595.7 will refer to R.S. 39:1604.7. Any reference to the Office of Information Technology will refer to the Office of Technology Services. Any reference to R.S. 39:1591(7) will refer to R.S. 39:1556(48). Any reference to R.S. 39:1601 will refer to R.S. 39:1606. Any reference to R.S. 39:1602 will refer to R.S. 39:1607. Any reference to R.S. 39:1595.4 will refer to R.S. 39:1604.4. Any reference to R.S. 39:1622 will refer to R.S. 39:1629.1. Chapter 1. General Provisions §101. General Purpose and Policies [Formerly LAC 34:I.301] A. Definition and Purpose

Louisiana Register Vol. 40, No. 12 December 20, 2014 118 specification includes, as appropriate, requirements for i C. Authority to Contract for Preparation of Specification nspecting, testing, or preparing a supply, service, or construc s tion item for delivery. Unless the context requires otherwise, 1. A contract to prepare specifications for state use in the terms specification and purchase description are used int procurement of supplies or services may be entered into whe erchangeably throughout these regulations. n a written determination is made by the chief procurement o 2. The purpose of a specification is to serve as a basis fficer, or the head of a purchasing agency authorized to prep for obtaining a supply, service, or major repair item adequate are such specifications, that there will be no substantial confl and suitable for the state's needs in a cost effective manner, t ict of interest involved and it is otherwise in the best interest aking into account, to the extent practicable, the costs of ow of the state. nership and operation as well as initial acquisition costs. It is 2. Whenever specifications are prepared by other than the policy of the state that specifications permit maximum pr state personnel, the contract for the preparation of specificati acticable competition consistent with this purpose. Specificat ons shall require the specification writer to adhere to the req ions shall be drafted with the objective of clearly describing uirements of this regulation. the state's requirements. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 3. All definitions as listed in R.S. 39:1556 and R.S. 39 1581. 1591 will apply. HISTORICAL NOTE: Promulgated by the Office of the Gover B. Nonrestrictiveness. All specifications shall be written nor, Division of Administration, Office of State Purchasing, LR 21: 566 (June 1995), repromulgated LR 40:1347 (July 2014), LR 40:25 in such a manner as to describe the requirements to be met, 47 (December 2014). without having the effect of exclusively requiring a proprieta §107. Procedures for the Development of Specification ry supply, service, or major repair item, or procurement from s a sole source, unless no other manner of description will suff [Formerly LAC 34:I.307] ice. In that event, a written determination shall be made that A. Provisions of General Application is not practicable to use a less restrictive specification. 1. Application of Section. This Section applies to all p C. Preference for Commercially Available Products. It is ersons who may prepare a specification for state use, includi the general policy of this state to procure standard commerci ng the chief procurement officer, the head of a purchasing ag al products whenever practicable. In developing specificatio ency, the head of a using agency, the designees of such offic ns, accepted commercial standards shall be used and unique ers, and also consultants, architects, engineers, designers, an requirements shall be avoided, to the extent practicable. d other draftsmen of specifications used for public contracts. D. Escalation and De-Escalation Clauses. Bid specificati 2. Specification of Alternates May Be Included. To the ons may contemplate a fixed escalation or de-escalation in a extent feasible, a specification may provide alternate descrip ccordance with a recognized escalation index. tions of supplies, services, or major repair items where two o AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. r more design, functional, or performance criteria will satisfa HISTORICAL NOTE: Promulgated by the Office of the Gover ctorily meet the state's requirements. nor, Division of Administration, Office of State Purchasing, LR 21: AUTHORITY NOTE: Promulgated in accordance with R.S. 39 566 (June 1995), repromulgated LR 40:1347 (July 2014), LR 40:25 1581. 47 (December 2014). HISTORICAL NOTE: Promulgated by the Office of the Gover §103. Availability of Documents nor, Division of Administration, Office of State Purchasing, LR 21: [Formerly LAC 34:I.303] 566 (June 1995), repromulgated LR 40:1347 (July 2014), LR 40:25 48 (December 2014). A. Specifications and any written determination or other §109. Definitions and Use document generated or used in the development of a specific [Formerly LAC 34:I.309] ation shall be available for public inspection pursuant to R.S. A. Proprietary Specifications 44.1. 1. Definition. Proprietary Specification―a specificati AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. on that cites brand name, model number, or some other desig HISTORICAL NOTE: Promulgated by the Office of the Gover nation that identifies a specific product to be offered exclusi nor, Division of Administration, Office of State Purchasing, LR 21: ve of others. 566 (June 1995), repromulgated LR 40:1347 (July 2014), LR 40:25 2. Use 47 (December 2014). a. Since use of a proprietary specification is restricti §105. Authority to Prepare Specifications ve, it may be used only when the chief procurement officer o [Formerly LAC 34:I.305] r the head of a purchasing agency makes a written determina A. Statutory Authority of the Chief Procurement Officer tion that only the identified brand name item or items will sa and State Agencies. The chief procurement officer is authori tisfy the state's needs. zed to prepare specifications in accordance with R.S. 39:165 b. Some examples of circumstances which could ne 2, subject to the authority granted purchasing agencies in R. cessitate proprietary procurement are: S. 39:1653 of the Louisiana Procurement Code. i. revolving fund purchases for resale, such as gr B. Delegation of Authority to State Agencies. The chief oceries, canned good, packing house products, drug sundries procurement officer may delegate in writing the authority to candy, tobacco and other similar items; prepare and utilize specifications to purchasing agencies and ii. revolving fund purchases of foods for cafeteria using agencies for any type of supplies, services, or major re s, dining halls or dormitories; pairs provided such delegations may be revoked by the chief iii. standard replacement parts such as automobiles procurement officer. machinery, and equipment;

119 Louisiana Register Vol. 40, No. 12 December 20, 2014 iv. repairs to automobiles, machinery, equipment, or major repair items prior to issuance of the solicitation is d etc. esirable or necessary in order to best satisfy state requiremen 3. Competition. The procurement officer shall seek to ts. identify sources from which the designated brand name item 3. Comments, Final Approval, Revisions, and Cancell can be obtained and shall solicit such sources to achieve wha ation. Comments on final approval of, and revisions to the pr tever degree of competition is practicable. If only one source oposed criteria and methodology for establishing and mainta can supply the requirement, the procurement shall be made u ining a qualified products list, and the cancellation thereof, s nder Chapter 9 (Sole Source Procurement) of this Part. hall follow the procedures of Subparagraphs D.3.b-e of this 4. Reports. The chief procurement officer shall submit Section applicable to specifications for common or general u reports to the commissioner or cabinet department head with se items. in 90 days after the end of the fiscal year stating: 4. Solicitation a. any brand name contracts used; a. When developing a qualified products list, a repr b. the number of suppliers solicited; esentative group of potential suppliers shall be solicited in w c. the identity of these suppliers; riting to submit products for testing and examination to deter d. the supplier awarded the contract; and mine acceptability for inclusion on a qualified products list. e. the contract price. Any potential supplier, even though not solicited, may offer i B. Brand Name or Equal Specification ts products for consideration. 1. Definition. A specification that cites brand names, b. Inclusion on a qualified products list shall be bas model number, or other identifications as representing qualit ed on results of tests or examinations conducted in accordan y and performance called for, and inviting bids on comparabl ce with prior published requirements. e items or products of any manufacturer. D. Common or General Use Item 2. Use. Some examples of circumstances which could 1. Definition. Specification for a Common or General necessitate the use of brand name or equal specifications are: Use Item―a specification which has been developed and ap a. no specification for a common or general use ite proved for repeated use in procurement in accordance with t m or qualified products list is available; or he provisions of R.S. 39:1651(A) and (B). b. time does not permit the preparation of another fo 2. Use. If a specification for a common or general use rm of specification, not including a brand name specification item has been developed or a qualified products list has been or developed for a particular supply, service, or major repair ite c. the nature of the product or the nature of the stat m, or need, it shall be used unless the chief procurement offi e's requirements makes use of a brand name or equal specific cer or the head of a purchasing agency makes a written deter ation suitable for the procurement; or mination that its use is not in the state's best interest and that d. use of a brand name or equal specification is in th another specification shall be used. e state's best interest; 3. Special Additional Procedures e. specifications shall seek to designate as many dif a. Preparation and Utilization. A specification for co ferent brands as are practicable as "or equal" references and mmon or general use shall, to the extent practicable, be prep shall state that substantially equivalent products to those desi ared to be utilized: gnated will be considered for award. i. when a supply, service, or major repair item is 3. Competition used in common by several using agencies or used repeatedl a. Where a brand name or equal specification is use y by one using agency, and the characteristics of the supply, d in a solicitation, the solicitation shall contain explanatory l service, or major repair item as commercially produced or pr anguage that the use of a brand name is for the purpose of de ovided remain relatively stable while the frequency or volum scribing the standard of quality, performance, and characteris e of procurement is significant; tics desired and is not intended to limit or restrict competitio ii. where the state's recurring needs require unique n. ly designed or specially produced items; or b. Unless the chief procurement officer or the head iii. when the chief procurement officer, or the head of a purchasing or using agency authorized to finally approv of a purchasing or using agency authorized to prepare such s e specifications determines that the essential characteristics o pecifications, finds it to be in the state's best interest. f the brand name included in the specifications are commonl b. In the event a using agency requests the preparati y known in the industry or trade, brand name or equal specifi on of a specification for a common or general use item, the c cations shall include a description of the particular design, fu hief procurement officer shall prepare such a specification if nctional, or performance characteristics which are required. such officer determines the conditions in Clauses 3.a.i-iii hav C. Qualified Products List e been met. 1. Definition. Qualified Products List―a specification c. Comments on the Draft. The chief procurement o developed by evaluating brands and models of various manu fficer, or the head of a purchasing or using agency preparing facturers of an item and listing those determined to be accept a specification for a common or general use item, shall provi able as eligible to be offered on the next invitation for bids; o de an opportunity to comment on the draft specification to th n approved brands list. e using agencies, and as reasonable a number of manufacture 2. Use. A qualified products list may be developed wit rs and suppliers as such officer deems appropriate. h the approval of the chief procurement officer, or the head o d. Final Approval. Final approval of a proposed spe f a purchasing or using agency authorized to develop qualifie cification for a common or general use item shall be given o d products lists, when testing or examination of the supplies

Louisiana Register Vol. 40, No. 12 December 20, 2014 120 nly by the chief procurement officer, or by the head of a purc tation for bids specifies where such documents can be obtain hasing or using agency authorized to give such approval. ed. e. Revisions. Revisions to specifications for commo D. Special Conditions. If any special conditions are to ap n or general use items which do not change the technical ele ply to a particular contract, they shall be included in the invit ments of the specifications but which are necessary for clarif ation for bid. ication may be made upon approval of the chief procurement E. Types of Purchases. Purchases are made in two differe officer, or the head of a purchasing or using agency authoriz nt ways. ed to approve such specifications. Interim revisions to fit the 1. Open Market―a purchase made other than under a requirements for a particular procurement which change the schedule or term contract. technical elements of the specification may be made by the c 2. Term Contracting―a technique by which a source hief procurement officer, or the head of a purchasing or usin of supply is established for a specific period of time. Term c g agency authorized to approve such a specification. All othe ontracts are usually based on indefinite quantities to be order r revisions shall be made in accordance with Subparagraphs ed "as needed," although such contracts can specify definite D.3.a-d of this Section. quantities with deliveries extended over the contract period. f. Cancellation. A specification for a common or ge AUTHORITY NOTE: Promulgated in accordance with R.S. 39 neral use item may be canceled by the chief procurement offi 1581. cer, or by the head of a purchasing or using agency authorize HISTORICAL NOTE: Promulgated by the Office of the Gover d to give final approval to such specifications. nor, Division of Administration, Office of State Purchasing, LR 8:3 28 (July 1982), amended LR 21:566 (June 1995), repromulgated L E. Use of Functional or Performance Descriptions. State R 40:1349 (July 2014), LR 40:2549 (December 2014). agencies should emphasize functional or performance criteri §303. Bidding Time a while limiting design or other detailed physical description [Formerly LAC 34:I.503] s to those necessary to meet the needs of the state to the exte A. Bidding time is the period of time between the date of nt practicable. distribution of the invitation for bids and the date set for ope AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. ning of bids. In each case, bidding time will be set to provide HISTORICAL NOTE: Promulgated by the Office of the Gover bidders a reasonable time to prepare their bids. For bids over nor, Division of Administration, Office of State Purchasing, LR 21: $25,000, a minimum of 21 days should be provided unless th 566 (June 1995), repromulgated LR 40:1347 (July 2014), LR 40:25 e chief procurement officer or his designee deems that a shor 48 (December 2014). ter time is necessary for a particular procurement. However, Chapter 3. Competitive Sealed Bidding in no case shall the bidding time be less than 10 days, except §301. Content of the Invitation for Bids as provided in R.S. 39:1598 and Chapter 11 of these rules an [Formerly LAC 34:I.501] d regulations. A. Invitation for Bids AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1. Purchases where the estimated cost is over $5,000 s 1581. hall be made by sending out written invitations for bids to at HISTORICAL NOTE: Promulgated by the Office of the Gover least five responsible bidders, and if feasible, use should be nor, Division of Administration, Office of State Purchasing, LR 8:3 28 (July 1982), amended LR 21:566 (June 1995), repromulgated L made of state purchasing's computerized vendor list. Purchas R 40:1349 (July 2014), LR 40:2550 (December 2014). es where the estimated cost is over $25,000 shall be advertis §305. Addenda Modifying Invitation for Bids ed in accordance with R.S. 39:1594. All advertisements or w [Formerly LAC 34:I.505] ritten invitations for bids shall contain general descriptions o A. Addenda modifying invitation for bids shall not be iss f the classes of commodities on which bids are solicited and ued within a period of three working days prior to the adverti shall state: sed time for the opening of bids, excluding Saturdays, Sunda a. the date and time when bids will be received, ope ys and any other legal holidays. If the necessity arises to issu ned and publicly read; e an addendum modifying an invitation for bid within the thr b. the names and locations of the state agencies for ee working day period prior to the advertised time for the op which the purchases are to be made; ening of bids, then the opening of bids shall be extended exa c. where and how specifications and bid forms may ctly one week, without the requirement of re-advertising. Ad be obtained. denda shall be sent to all prospective bidders known to have 2. The invitation for bids shall be on the state's standar received an invitation for bid. d forms containing all pertinent information and shall be full AUTHORITY NOTE: Promulgated in accordance with R.S. 39 and complete including specifications, quantities, units, pack 1581 aging and number of containers to the case. HISTORICAL NOTE: Promulgated by the Office of the Gover B. Content. The invitation for bids shall include the follo nor, Division of Administration, Office of State Purchasing, LR 8:3 wing: 28 (July 1982), amended LR 21:566 (June 1995), repromulgated L 1. the purchase description, evaluation factors, deliver R 40:1349 (July 2014), LR 40:2550 (December 2014). y or performance schedule, and inspection and acceptance re §307. Bidder Submissions quirements not included in the purchase description; and [Formerly LAC 34:I.507] 2. the contract terms and conditions, including warrant A. Bid Forms. All written bids, unless otherwise provide y and bonding or other security requirements, as applicable. d for, must be submitted on, and in accordance with, forms p C. Incorporation by Reference. The invitation for bids m rovided, properly signed. Bids submitted in the following ma ay incorporate documents by reference provided that the invi nner will not be accepted:

121 Louisiana Register Vol. 40, No. 12 December 20, 2014 1. bid contains no signature indicating an intent to be B. Where feasible, use should be made of the state purch bound; asing's computerized vendor list. It shall be the responsibilit 2. bid filled out in pencil; and bids must be received at y of the bidder to confirm that his company is in the appropri the address specified in the invitation for bids prior to bid op ate bid category. ening time in order to be considered. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 B. Bid Samples and Descriptive Literature 1581. 1. Descriptive literature means information available i HISTORICAL NOTE: Promulgated by the Office of the Gover n the ordinary course of business which shows the characteri nor, Division of Administration, Office of State Purchasing, LR 8:3 29 (July 1982), amended LR 21:566 (June 1995), repromulgated L stics, construction, packaging, or operation of an item which R 40:1350 (July 2014), LR 40:2551 (December 2014). enables the state to consider whether the item meets its speci §311. Pre-Bid Conferences fications and needs. [Formerly LAC 34:I.511] 2. Bid Samplea sample to be furnished by a bidder t A. Pre-bid conferences may be conducted to explain the o show the characteristics of the item offered in the bid. procurement requirements. They shall be announced to all pr 3. Bid samples or descriptive literature may be require ospective bidders known to have received an invitation for bi d when it is necessary to evaluate required characteristics of ds and shall be advertised if over $25,000 and attendance is the items bid. mandatory. The conference should be held long enough after 4. The invitation for bids shall state whether bid sampl the invitation for bids has been issued to allow bidders to bec es or descriptive literature should be submitted. Unsolicited ome familiar with it, but sufficiently before bid opening to al bid samples may not be returned. low consideration of the conference results in preparing their 5. When required, samples must be received not later t bids. Nothing stated at the pre-bid conference shall change t han the time set or specified for bid opening, free of expense he invitation for bids unless a change is made by written add to the state. Samples should be marked plainly with name an enda as provided in §505. d address of bidder, bid number and opening date of bid, als AUTHORITY NOTE: Promulgated in accordance with R.S. 39 o memorandum indicating whether bidder desires return of s 1581. ample or samples. Providing they have not been used or mad HISTORICAL NOTE: Promulgated by the Office of the Gover e useless through tests, when requested, samples submitted nor, Division of Administration, Office of State Purchasing, LR 8:3 will be returned at bidder's risk and expense. All samples sub 29 (July 1982), amended LR 21:566 (June 1995), repromulgated L mitted are subject to mutilation as the result of tests by the a R 40:1350 (July 2014), LR 40:2551 (December 2014). gency. Failure to submit samples within time allowed will re §315. Pre-Opening Modification or Withdrawal of Bid sult in disqualification or nonconsideration of bid. s C. Conditional Bids. Conditional bids are subject to rejec [Formerly LAC 34:I.515] tion in whole or in part. A conditional bid may be accepted if A. Procedure. Bids may be modified or withdrawn by wr the condition is not a substantial deviation from the invitatio itten, telegraphic or fax notice received at the address design n for bid. ated in the invitation for bids prior to the time set for bid ope D. All or Part. Bids may be considered for all or part of t ning, as recorded by date stamp at the purchasing agency. otal quantities. B. Withdrawal of Bids. A written request for the withdra E. Bids Binding. Unless otherwise specified, all formal b wal of a bid or any part thereof will be granted if the request ids shall be binding for a minimum of 30 calendar days. Nev is received prior to the specified time of opening. If a bidder ertheless, if the lowest responsive and responsible bidder is withdraws a bid, all bid documents shall remain the property willing to keep his price firm in excess of 30 days, the state of the state, unless return is requested in writing. may award to this bidder after this period has expired, or afte C. Disposition of Bid Security. Bid security, if any, shall r the period specified in the formal bid has expired. be returned to the bidder if requested when withdrawal of th F. Net Prices. Bid prices, unless otherwise specified, mu e bid is permitted. st be net including transportation and handling charges prepa D. Records. All documents relating to the modification o id by contractor to destination. r withdrawal of bids shall be made a part of the appropriate p G. Taxes. Vendor is responsible for including all applicab rocurement file. le taxes in the bid price. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of State Purchasing, LR 8:3 nor, Division of Administration, Office of State Purchasing, LR 8:3 29 (July 1982), amended LR 21:566 (June 1995), repromulgated L 28 (July 1982), amended LR 21:566 (June 1995), repromulgated L R 40:1350 (July 2014), LR 40:2551 (December 2014). R 40:1350 (July 2014), LR 40:2550 (December 2014). §317. Late Bids §309. Bidder Lists [Formerly LAC 34:I.517] [Formerly LAC 34:I.509] A. Formal bids and addenda thereto, received at the addr A. Bidder lists may be compiled to provide the state with ess designated in the invitation for bids after time specified f the names of businesses that may be interested in competing or bid opening will not be considered, whether delayed in th for various types of state contracts. Unless otherwise provide e mail or for any other causes whatsoever. If a bid is delayed d, inclusion or exclusion of the name of a business does not i by actions of the agency handling the solicitation, and this de ndicate whether the business is responsible in respect to a pa lay prejudices a vendor, then the agency shall cancel the soli rticular procurement or otherwise capable of successfully per citation and re-bid. In no case will late bids be accepted. forming a state contract.

Louisiana Register Vol. 40, No. 12 December 20, 2014 122 AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of State Purchasing, LR 8:3 29 (July 1982), amended LR 21:566 (June 1995), repromulgated L R 40:1351 (July 2014), LR 40:2551 (December 2014). §319. Receipt, Opening and Recording of Bids [Formerly LAC 34:I.519] A. Receipt. Upon receipt, all bids and modifications will be time-stamped but not opened. They shall be stored in a se cure place until bid opening time. B. Opening and Recording 1. Bids and modifications shall be opened publicly, in the presence of one or more witnesses, at the time and place designated in the invitation for bids. The names of the bidder s and the bid price shall be read aloud or otherwise made ava ilable and shall be recorded. 2. The opened bids shall be available for public inspec tion, in accordance with R.S. 44.Chapter I. C. Postponed Openings―Exceptions. In the event that bi ds are scheduled to be opened on a day that is a federal holid ay, or if the governor by proclamation creates an unschedule d holiday, or for any cause that exists that creates a nonworki ng day, bids scheduled to be opened on that day shall be ope ned on the next working day at the same address and time sp ecified in the invitation for bids. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of State Purchasing, LR 8:3 29 (July 1992), amended LR 21:566 (June 1995), repromulgated L R 40:1351 (July 2014), LR 40:2551 (December 2014). §321. Mistakes in Bids [Formerly LAC 34:I.521] A. Correction or Withdrawal of Bids. Patent errors in bid s or errors in bids supported by clear and convincing evidenc e may be corrected, or bids may be withdrawn, if such correc tion or withdrawal does not prejudice other bidders, and suc h actions may be taken only to the extent permitted under the se regulations. A request to withdraw a bid after the bid open ing must be made within three business days after bid openin g, and supported in writing. If it is determined that the error i s patently obvious, then the bid may be withdrawn, and if a b id guaranty was required it shall be returned to the bidder.

123 Louisiana Register Vol. 40, No. 12 December 20, 2014 B. Minor Informalities. Minor informalities are matters o B. Performance Bond f form rather than substance which are evident from the bid 1. Any performance bond furnished shall be written b document, or insignificant mistakes that can be waived or co y a surety or insurance company currently on the U.S. Depar rrected without prejudice to other bidders; that is, the effect tment of the Treasury Financial Management Service list of on price, quantity, quality, delivery, or contractual conditions approved bonding companies which is published annually in is not significant. The chief procurement officer or the head the Federal Register, or by a Louisiana domiciled insurance of a purchasing agency may waive such informalities or allo company with at least an A- rating in the latest printing of th w the bidder to correct them depending on which is in the be e A.M. Best's Key Rating Guide to write individual bonds up st interest of the state. Examples include, but are not limited to 10 percent of policyholders' surplus as shown in the A.M. to, the failure of a bidder to: Best's Key Rating Guide or by an insurance company that is 1. return the number of signed bids required by the inv either domiciled in Louisiana or owned by Louisiana residen itation for bids; ts and is licensed to write surety bonds. 2. sign the bid, but only if the unsigned bid is accomp 2. No surety or insurance company shall write a perfor anied by other signed material indicating the bidder's intent t mance bond which is in excess of the amount indicated as ap o be bound; proved by the U.S. Department of the Treasury Financial Ma 3. sign or initial write-overs, or corrections in bids; nagement Service list or by a Louisiana domiciled insurance 4. get an agency's certification that a mandatory job-si company with an A- rating by A.M. Best up to a limit of 10 te visit was made; and percent of policyholders' surplus as shown by A.M. Best; co 5. return nonmandatory pages of the bid proposal. mpanies authorized by this Paragraph who are not on the tre C. Mistakes Where Intended Bid is Evident. If the mista asury list shall not write a performance bond when the penalt ke and the intended bid are clearly evident on the face of the y exceeds 15 percent of its capital and surplus, such capital a bid document, the bid shall be corrected to the intended bid a nd surplus being the amount by which the company's assets nd may not be withdrawn. Some examples of mistakes that exceed its liabilities as reflected by the most recent financial may be clearly evident on the face of the bid document are t statements filed by the company with the Department of Insu ypographical errors, errors in extending unit prices, unit pric rance. es placed in the extended amount column, and failure to retu 3. In addition, any performance bond furnished shall b rn an addendum provided there is evidence that the addendu e written by a surety or insurance company that is currently l m was received. When an error is made in extending total pri icensed to do business in the state of Louisiana. If a perform ces the unit bid price will govern. Under no circumstances w ance bond has been required, the requirement cannot be wai ill a unit bid price be altered or corrected unless it is obvious ved, unless otherwise allowed by Louisiana statutes. that a unit price is submitted in a different unit of measure th AUTHORITY NOTE: Promulgated in accordance with R.S. 39 an shown on the bid form and the bidder's extended total ver 1581. ifies that the unit bid price was submitted using a wrong unit HISTORICAL NOTE: Promulgated by the Office of the Gover of measure, then the unit price may be changed to correspon nor, Division of Administration, Office of State Purchasing, LR 8:3 30 (July 1982), amended LR 21:566 (June 1995), repromulgated L d with the correct unit of measure. R 40:1351 (July 2014), LR 40:2552 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 39 §325. General Guaranty 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover [Formerly LAC 34:I.525] nor, Division of Administration, Office of State Purchasing, LR 8:3 A. At a minimum, the state shall require that the contract 29 (July 1982), amended LR 21:566 (June 1995), repromulgated L or submit to the following guarantees. R 40:1351 (July 2014), LR 40:2551 (December 2014). 1. Hold the state, its agents and employees harmless a §323. Bid Guaranty and Bond gainst any liability for negligent acts or omissions by the con [Formerly LAC 34:I.523] tractor. A. Bid Guaranty 2. Hold the state, its agents and employees harmless a 1. When specified in the invitation for bids, a bid bon gainst any liability for infringement of any copyright or pate d, cashier's check, or certified check, made payable to the De nt arising from performance of this contract. partment of the Treasury of the state of Louisiana, for the am 3. Protect the state against latent defective material or ount specified, must accompany each bid. workmanship and to repair or replace any damages or marrin 2. If a bid bond is used, it shall be written by a surety g occasioned in transit. or insurance company currently on the U.S. Department of t 4. Pay for all necessary permits, licenses and fees and he Treasury Financial Management Service list of approved give all notices and comply with all laws, ordinances, rules a bonding companies which is published annually in the Feder nd regulations of the city or town in which the installation is al Register, or by a Louisiana domiciled insurance company to be made or the contract to be performed, and of the state o with at least an A-rating in the latest printing of the A.M. Bes f Louisiana. t's Key Rating Guide to write individual bonds up to 10 perc B. The contractor may propose substitute guarantees whi ent of policyholders' surplus as shown in the A.M. Best's Ke ch provide greater protection to the state. y Rating Guide. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581.

Louisiana Register Vol. 40, No. 12 December 20, 2014 124 HISTORICAL NOTE: Promulgated by the Office of the Gover a. be reasonable estimates based upon information t nor, Division of Administration, Office of State Purchasing, LR 8:3 he state has available concerning future use; and 30 (July 1982), amended LR 21:566 (June 1995), repromulgated L b. treat all bids equitably. R 40:1352 (July 2014), LR 40:2552 (December 2014). E. Restrictions. A contract may not be awarded to a bidd §327. Bid Evaluation and Award er submitting a higher quality item than that required by the i [Formerly LAC 34:I.527] nvitation for bids unless the bid is also the lowest bid as dete A. General. The contract is to be awarded "to the lowest rmined under Subsection D of this Section. Further, this Sect responsible and responsive bidder whose bid meets the requi ion does not permit negotiation with any bidder. rements and criteria set forth in the invitation for bids." See AUTHORITY NOTE: Promulgated in accordance with R.S. 39 R.S. 39:1594(G) (Competitive Sealed Bidding, Award) of th 1581. e Louisiana Procurement Code. The invitation for bidsshall s HISTORICAL NOTE: Promulgated by the Office of the Gover et forth the requirements and criteria which will be used to d nor, Division of Administration, Office of State Purchasing, LR 8:3 etermine the lowest responsive bidder. No bid shall be evalu 30 (July 1982), amended LR 21:566 (June 1995), repromulgated L ated for any requirements or criteria that are not disclosed in R 40:1352 (July 2014), LR 40:2553 (December 2014). the invitation for bids. §329. Tie Bids B. Responsibility and Responsiveness [Formerly LAC 34:I.529] Responsive Bidder―a person who has submitted a bid u A. Definition nder R.S. 39:1594 which conforms in all substantive respect Tie Bids―low responsive bids from responsible bidders s to the invitation for bids including the specifications set for that are identical in price and which meet all requirements an th in the invitation. d criteria set forth in the invitation for bids. Responsible Bidder or Offeror―a person who has the ca B. Resident Business Preference pability in all respects to perform the contract requirements a 1. In state contracts awarded by competitive sealed bi nd the integrity and reliability which will assure good faith p dding, resident businesses shall be preferred to nonresident b erformance. usinesses where there is a tie bid and where there will be no C. Product Acceptability sacrifice or loss of quality. 1. The invitation for bids shall set forth the evaluation 2. Resident Business―one authorized to do and doing criteria to be used in determining product acceptability. It ma business under the laws of this state, which either: y require the submission of bid samples, descriptive literatur a. maintains its principal place in business in the sta e, technical data, or other material. It may also provide for: te; or a. inspection or testing of a product prior to award f b. employs a minimum of two employees who are r or such characteristics as quality or workmanship; esidents of the state. b. examination of such elements as appearance, fini C. Award. In the discretion of the chief procurement offi sh, taste, or feel; or cer or the head of a purchasing agency, award shall be made c. other examinations to determine whether the prod in any manner that will discourage tie bids. A written determ uct conforms with any other purchase description requireme ination justifying the manner of award must be made. This w nts, such as unit packaging. If bidder changes the unit or pac ould include, but is not limited to, consideration of such fact kaging, and it is determined that the change prejudices other ors as resident business, proximity, past performance, deliver bidders, then the bid for the changed item shall be rejected. y, completeness of bid proposal. Tie bids over $10,000 must 2. The acceptability evaluation is not conducted for th be reported to the attorney general. (See Chapter 23, Reporti e purpose of determining whether one bidder's item is superi ng of Suspected Collusive Bidding or Negotiations). or to another but only to determine that a bidder's offering is AUTHORITY NOTE: Promulgated in accordance with R.S. 39 acceptable as set forth in the invitation for bids. Any bidder's 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover offering which does not meet the acceptability requirements nor, Division of Administration, Office of State Purchasing, LR 8:3 shall be rejected. 30 (July 1982), amended LR 21:566 (June 1995), repromulgated L D. Determination of Lowest Bidder R 40:1353 (July 2014), LR 40:2553 (December 2014). 1. Following determination of product acceptability as §331. Awarding of Bids set forth in Subsection C of this Section, if any is required, b [Formerly LAC 34:I.531] ids will be evaluated to determine which bidder offers the lo A. Rejection of Bids. The right is reserved to reject any o west cost to the state in accordance with the evaluation criter r all bids in whole or in part, and to award by items, parts of ia set forth in the invitation for bids. Only objectively measu items, or by any group of items specified. Also, the right is r rable criteria which are set forth in the invitation for bids sha eserved to waive technical defects when the best interest of t ll be applied in determining the lowest bidder. Examples of s he state thereby will be served. uch criteria include but are not limited to transportation cost, B. Information on Bid Results. Information pertaining to and ownership or life-cycle cost formula. Evaluation factors results of bids may be secured by visiting the agency, except need not be precise predictors of actual future costs, but to th weekends and holidays, during normal working hours, or by e extent possible, such evaluation factors shall: complying with §535.

125 Louisiana Register Vol. 40, No. 12 December 20, 2014 C. Cash Discounts AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1. Open Market Purchases and Definite Quantity Term 1581. Contracts. All cash discounts will be taken. However, cash di HISTORICAL NOTE: Promulgated by the Office of the Gover scounts will only be considered in determining an award on t nor, Division of Administration, Office of State Purchasing, LR 8:3 31 (July 1982), amended LR 21:566 (June 1995), repromulgated L erms for 30 days or more and at least 1 percent. R 40:1353 (July 2014), LR 40:2554 (December 2014). 2. Indefinite Quantity Term Contracts. Cash discounts §337. Assignments will be accepted and taken but will not be considered in dete [Formerly LAC 34:I.537] rmining awards. A. No contract or purchase order or proceeds thereof ma D. Increase or Decrease in Quantities. Unless otherwise s y be assigned, sublet or transferred without written consent o pecified in the invitation for bids, the state reserves the right f the commissioner. This does not include agencies exempt i to increase or decrease the quantities of any item or items sh n R.S. 39:1572. own in the bid by 10 percent. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 E. Availability of Funds. A contract shall be deemed exe 1581. cutory only to the extent of appropriations available to each HISTORICAL NOTE: Promulgated by the Office of the Gover agency for the purchase of such articles. nor, Division of Administration, Office of State Purchasing, LR 8:3 F. All or None Bids 30 (July 1982), amended LR 21:566 (June 1995), repromulgated L 1. A business may limit a bid on acceptance of the wh R 40:1353 (July 2014), LR 40:2554 (December 2014). ole bid, whereupon the state shall not thereafter rejectpart of §339. Deliveries such bid and award on the remainder. An award shall be mad [Formerly LAC 34:I.539] e to the "all or none" bid only if it is the overall low bid on al A. Extension of Time. Any extension of time on delivery l items, or those items bid. or project completion time must be requested in writing by t 2. Overall low bid shall be that bid whose total bid, in he vendor and accepted or rejected in writing by the purchasi cluding all items bid, is the lowest dollar amount; be it an in ng department. Such extension is applicable only to the parti dividual's bid or a computation of all low bids on individual cular item or shipment affected. items of those bids that are not conditioned "all or none." B. Additional Charges. No delivery charges shall be add a. Open Market Purchases. When multiple items are ed to invoices except when express delivery is substituted on contained on any solicitation and the state chooses to make a an order for less expensive methods specified in contract. In n item or group award in order to save the state the cost of is such cases, when requested by the agency, the difference bet suing a different purchase order, an award may be made to a ween freight or mail and express charges may be added to th vendor on that item if the total bid for said item is $1,000 or e invoice. less, and the difference between the low bidder and the bidde C. Weight Checking. Deliveries shall be subject to rewei r receiving the award is $100 or less. ghing on official scales designated by the state. Payments sh b. An "all or none" bid may be awarded in a similar all be made on the basis of net weight of materials delivered. fashion, to save the state the cost of issuing another purchase D. Rejection of Deliveries, Payment for Used Portion. Pa order, if the difference in the overall cost between the vendor yment for any used portion of delivery found (as a result of t s is $100 or less and no single item exceeds $1,000. ests or otherwise) to be inferior to specifications or contract r AUTHORITY NOTE: Promulgated in accordance with R.S. 39 equirements, will be made by the state on an adjusted price b 1581. asis, using the procedures outlined in R.S. 39:1673. HISTORICAL NOTE: Promulgated by the Office of the Gover E. Contracts―Reduction in Prices. All state agencies wil nor, Division of Administration, Office of State Purchasing, LR 8:3 l receive the benefit of any reduction in price on any unshipp 30 (July 1982), amended LR 21:566 (June 1995), repromulgated L ed portion of any commodity contract. In the event the contr R 40:1353 (July 2014), LR 40:2553 (December 2014). actor reduces his price to any one state agency or political su §333. Documentation of Award bdivision of the state, or makes a general reduction in price, [Formerly LAC 34:I.533] all state agencies being supplied under these contracts are au A. Following award, a record showing the basis for deter tomatically entitled to the lower price; and the contractor sha mining the successful bidder, including reasons for rejecting ll rebate to all state agencies in a proportional amount. Also, any nonresponsive bids, shall be made a part of the procure in the event the total purchases of all state agencies of any it ment file. ems covered by the contract entitle the state to a greater quan AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. tity discount, the state shall receive the quantity discount app HISTORICAL NOTE: Promulgated by the Office of the Gover ropriated the total amount of actual purchases made by all st nor, Division of Administration, Office of State Purchasing, LR 8:3 ate agencies. All price reductions made by any supplier unde 31 (July 1982), amended LR 21:566 (June 1995), repromulgated L r these contracts, designed for the benefit of any state agency R 40:1353 (July 2014), LR 40:2554 (December 2014). shall be made directly to Purchasing, Division of Administr §335. Publicizing Awards ation. Also, the state agencies shall report any offer of a redu [Formerly LAC 34:I.535] ction in contract price to Purchasing, and the right is reserve A. Written notice of award shall be sent to the successful d to accept or reject such offers; but the best interest of the st bidder. In procurement over $25,000, each unsuccessful bidd ate as a whole will always be considered. er shall be notified of the award provided that he submitted F. Invoices. Upon delivery of each order and its accepta with his bid a self-addressed stamped envelope requesting th nce by the state agency, the supplier shall bill the state agenc is information. Notice of award shall be made a part of the pr y by means of invoice and the invoice shall make reference t ocurement file. o the purchase order number, contract award number, and/or

Louisiana Register Vol. 40, No. 12 December 20, 2014 126 purchase requisition number. All invoices shall be submitted 5. When applicable, prequalified products for a partic by the supplier on the supplier's own invoice forms, in dupli ular solicitation shall be announced on the state’s internet-ba cate, directly to the accounting office of the state agency as r sed system for posting vendor opportunities seven days prior equired by the purchase order. to the beginning of the auction. G. Payment 6. Any bidder aggrieved by the pre-qualification proce 1. After receipt and acceptance of order and receipt of ss shall have the right to protest the solicitation in accordanc valid invoice, payment will be made by the state agency with e with the provisions of R.S. 39:1671. in 30 days. Payment will be made at the respective unit price E. The solicitation shall designate an opening date and ti s shown on the bid or price schedule, less any percentages of me and the closing date and time. The closing date and time f list price, less federal excise tax (unless otherwise specifie may be fixed or remain open depending on the nature of the d), less cash discount earned. item being bid. 2. If a state agency without reasonable cause fails to m 1. Online reverse auctions shall last no less than one h ake any payment due within 90 days of the due date prescrib our. ed by contract, the state agency shall pay a penalty in accord F. At the opening date and time, the using agency shall b ance with R.S. 39:1695. egin accepting online bids and continue accepting bids until t AUTHORITY NOTE: Promulgated in accordance with R.S. 39 he bid is officially closed. Registered bidders shall be allowe 1581. d to lower the price of their bid below the lowest bid posted HISTORICAL NOTE: Promulgated by the Office of the Gover on the Internet until the closing date and time. nor, Division of Administration, Office of State Purchasing, LR 21: G. Bidders’ identities shall not be revealed during the bid 566 (June 1995), repromulgated LR 40:1354 (July 2014), LR 40:25 54 (December 2014). ding process; only the successively lower prices, ranks, scor Chapter 5. Reverse Auctions es, and related bid details shall be revealed. §501. Definition H. All bids shall be posted electronically and updated on [Formerly LAC 34:I.501] a real-time basis. All prices must be received in the state’s sy stem by the announced closing time regardless of what time A. For the purpose of this Section, using agency means t it was submitted by the vendor. he Office of State Purchasing using the reverse auction proce I. The using agency shall retain the right to cancel the so ss on its own behalf or on behalf of other state agencies. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 licitation if it determines that it is in the agency’s or the stat 1581. e’s best interest. HISTORICAL NOTE: Promulgated by the Office of the Gover J. The using agency shall retain its existing authority to nor, Division of Administration, Office of State Purchasing, LR 38: determine the criteria that shall be used as a basis for making 1406 (June 2012), repromulgated LR 40:1354 (July 2014), LR 40:2 awards. 555 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 39 §503. Application 1581. [Formerly LAC 34:I.503] HISTORICAL NOTE: Promulgated by the Office of the Gover A. Where the using agency utilizes the reverse auction pr nor, Division of Administration, Office of State Purchasing, LR 38: ocess on behalf of a single state agency, the head of the state 1406 (June 2012), repromulgated LR 40:1354 (July 2014), LR 40:2 555 (December 2014). agency requesting a reverse auction shall provide: §505. Addenda Modifying a Reverse Auction 1. reasons that the best interest of the state would be s [Formerly LAC 34:I.605] erved and that electronic online bidding is more advantageou A. Addenda will be issued in accordance with §505 of th s than other procurement methods; ese rules. 2. specifications and terms and conditions to be used f B. It is the responsibility of the bidder to obtain any solic or the procurement. itation amendment(s) if the solicitation and addenda are post B. When the using agency uses the reverse auction proce ed on the state’s internet-based system for posting bid opport ss on its own behalf or on behalf of multiple state agencies, t unities. he director of state purchasing shall be considered the depart AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ment head of the using agency. 1581. C. Vendors shall register before the opening date and tim HISTORICAL NOTE: Promulgated by the Office of the Gover e, and as part of the registration, shall agree to any terms and nor, Division of Administration, Office of State Purchasing, LR 38: conditions and other requirements of the solicitation. 1406 (June 2012), repromulgated LR 40:1355 (July 2014), LR 40:2 D. Vendors and/or products shall be prequalified prior to 555 (December 2014). placing bids and only bidders who are prequalified will be al §507. Price Submittals lowed to submit bids. [Formerly LAC 34:I.607] 1. The prequalification criteria shall be prescribed in t A. Bidders may submit multiple prices during the event. he solicitation. The lowest price offered will become the price portion of the 2. The prequalification period shall be announced in t bid response. he solicitation. B. The preference provisions of R.S. 39:1595, 1595.1, 15 3. The prequalification period shall end 10 days prior t 95.2, 1595.3, 1595.6, and 1595.7 shall apply to the reverse a o the beginning of the auction. uction process. 4. Bidders shall be notified as to whether they have be AUTHORITY NOTE: Promulgated in accordance with R.S. 39 en prequalified in writing at least seven days prior to the beg 1581. inning of the auction. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of State Purchasing, LR 38:

127 Louisiana Register Vol. 40, No. 12 December 20, 2014 1407 (June 2012), repromulgated LR 40:1355 (July 2014), LR 40:2 1407 (June 2012), repromulgated LR 40:1355 (July 2014), LR 40:2 555 (December 2014). 556 (December 2014). §509. Withdrawal of Bids Chapter 25. Procurement of Professional, Personal, Cons [Formerly LAC 34:I.609] ulting, Social Services, and A. Withdrawal of bids will be handled in accordance wit Energy Efficiency Contracts h §521 of these rules. Subchapter A. General Provisions AUTHORITY NOTE: Promulgated in accordance with R.S. 39 §2501. Delegation of Authority 1581. [Formerly LAC 34:V.101] HISTORICAL NOTE: Promulgated by the Office of the Gover A. The Director of Contractual Review may delegate in nor, Division of Administration, Office of State Purchasing, LR 38: writing certain responsibilities set forth herein; however, he 1407 (June 2012), repromulgated LR 40:1355 (July 2014), LR 40:2 5560 (December 2014). shall review any actions taken by his designee. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 §511. Tie Bids 1490(B). [Formerly LAC 34:I.511] HISTORICAL NOTE: Promulgated by the Office of the Gover A. In the event that multiple bidders submit identical pric nor, Division of Administration, Office of Contractual Review, LR es for the same goods or services, the bid received first will 4:495 (December 1978), amended LR 7:179 (April 1981), LR 8:59 be considered to be the lowest. Any other identical bids recei 1 (November 1982), LR 10:455 (June 1984), LR 11:1067 (Novemb ved later will be considered in the order received. er 1985), repromulgated LR 40:2556 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 39 §2503. Definitions and Classes of Contractual Services 1581. [Formerly LAC 34:V.103] HISTORICAL NOTE: Promulgated by the Office of the Gover A. The following services shall be contracted out in acco nor, Division of Administration, Office of State Purchasing, LR 38: rdance with these regulations. 1407 (June 2012), repromulgated LR 40:1355 (July 2014), LR 40:2 1. Personal Services―work rendered by individuals 556 (December 2014). which requires use of creative or artistic skills, such as but n §513. Rejected Bids ot limited to graphic artists, sculptors, musicians, photograph [Formerly LAC 34:I.513] ers, and writers, or which requires use of highly technical or A. The awarding authority may reject any bid, in whole o unique individual skills or talents, such as, but not limited to, r in part, if any of the following occur: paramedicals, therapists, handwriting analysts, foreign repre 1. bids offered for materials, supplies, services, produ sentatives, and expert witnesses for adjudications or other co cts, or equipment that are not in compliance with the require urt proceedings. A foreign representative shall mean a person ments, specifications, terms or conditions as stated in the rev to represent the Department of Economic Development in su erse auction; ch foreign country. 2. the price of the lowest responsive and responsible b 2. Professional Service―work rendered by an indepen id exceeds the amount budgeted for the procurement; dent contractor who has a professed knowledge of some dep 3. it is determined that awarding any item is not in the artment of learning or science used by its practical applicatio best interest of the agency/department. n to the affairs of others or in the practice of an art founded o AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. n it, which independent contractor shall include but not be li HISTORICAL NOTE: Promulgated by the Office of the Gover mited to lawyers, doctors, dentists, veterinarians, architects, nor, Division of Administration, Office of State Purchasing, LR 38: engineers, landscape architects, accountants, and claims adju 1407 (June 2012), repromulgated LR 40:1355 (July 2014), LR 40:2 sters. A profession is a vocation founded upon prolonged and 556 (December 2014). specialized intellectual training which enables a particular se §515. Public Viewing of Auction Event rvice to be rendered. The word "professional" implies profes [Formerly LAC 34:I.615] sed attainments in special knowledge as distinguished from A. The public may view the internet auction event which mere skill. For contracts with a total amount of compensatio will be conducted such that the names of the bidders will not n of $50,000 or more, the definition of "professional service" be disclosed until after the completion of the auction, at whic shall be limited to lawyers, doctors, dentists, veterinarians, a h time the event record will be available to the public. rchitects, engineers, landscape architects, accountants, claim AUTHORITY NOTE: Promulgated in accordance with R.S. 39 s adjusters, and any other 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of State Purchasing, LR 38: 1407 (June 2012), repromulgated LR 40:1355 (July 2014), LR 40:2 556 (December 2014). §517. Security [Formerly LAC 34:I.617] A. All reverse auctions shall be conducted in accordance with the electronic security requirements of the Office of Inf ormation Technology. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of State Purchasing, LR 38:

Louisiana Register Vol. 40, No. 12 December 20, 2014 128 profession that may be added by regulations adopted by ccess; homemaker home management, and housing improve the Office of Contractual Review of the Division of Adminis ment services; in-home and out-of-home respite care; sociali tration. zation services for low income and other special needs group 3. Consulting Service―work, other than professional, s; nursing home ombudsman; nutritional, employment, case personal or social service, rendered by an independent contra management, senior center activities, or other services to aid ctor who possesses specialized knowledge, experience, and e independent living by the elderly, and training and communit xpertise to investigate assigned problems or projects and to p y planning services for same. rovide counsel, review, design, development, analysis, or ad c. Protection for Adults and Children. Services rend vice in formulating or implementing programs or services or ered by a contractor to provide therapeutic intervention for a improvements in programs or services, including, but not li dults or children who are in danger of or threatened with dan mited to, such areas as management, data processing, adverti ger of physical or mental injury, neglect, maltreatment, extor sing and public relations. tion, or exploitation, including victims of family violence. T a. Includes the procurement of supplies and services hese services include but are not limited to community plann by a contractor without the necessity of complying with prov ing for neglect/abuse; adoption; substitute care; education an isions of the Louisiana Procurement Code when such supplie d training; crisis intervention type services; emergency shelt s and services are merely ancillary to the provisions of consu er for victims of rape/family violence or services in support lting services under a contingency fee arrangement, even tho of same; and training and valuation services for same. ugh the procurement of supplies or services directly by a gov d. Improvement of Living Conditions and Health. S ernmental body would require compliance with the Louisian ervices rendered by an authorized contractor with special kn a Procurement Code. Supplies or services ancillary to the pr owledge or services available to assist individuals to attain o ovision of consulting services are those supplies or services r maintain favorable conditions in which to live. These servi which assist the contractor in fulfilling the objective of his c ces include but are not limited to: ontract where the cost for such supplies and services, is less t i. distribution of foodstuffs either purchased or th han the cost of providing consulting services, as determined at are made available from government-owned commodities; by the using agency. No contract for consulting services as d ii. determining the needs of the poor, and develop efined in this Paragraph shall be entered into unless it has be ment of programs to distribute the available resources; en approved in advance by the Joint Legislative Committee iii. determining the needs of the poor and identifyi on the Budget. ng programs to alleviate these poverty conditions; 4. Retroactive Claims Recovery Services―those cons iv. providing services to respond to the educationa ulting services where third party coverage identification and l/ employment needs of eligible individuals in the communiti verification represent the primary services, and any operatio es needing these services. The primary purpose of this servic ns type activities such as data processing and/or claims subm e is to provide the participating individuals with the skills ne ission are merely incidental to the total work tasks to be perf cessary for them to advance socially, academically, and occu ormed, and where such services will result in revenue enhan pationally; and cement to the state through a contingency fee arrangement. T v. providing training for and evaluation of any of he RFP process for this type of consulting service shall requi the above services. re that at least 50 percent of total weighted criteria for evalua e. Evaluation, Testing, and Remedial Educational S tion be allocated to cost. ervices for Exceptional Handicapped or Learning Disabled 5. Social Service―work rendered by a person, firm, c Nonpublic School Students. Services rendered by a contract orporation, organization, governmental body, or government or with special knowledge or services available to provide sp al entity in furtherance of the general welfare of the citizens ecial educational and related services for exceptional or hand of Louisiana, including but not limited to the following obje icapped students voluntarily enrolled in approved nonpublic ctives. schools of Louisiana who are not otherwise provided with su a. Rehabilitation and Health Support. Services rend ch services through either their local school program or thro ered by a contractor with special knowledge or service availa ugh other services afforded to them by local school boards or ble to assist individuals to attain or maintain a favorable con other public agencies. These services may include but are no dition of physical and/or mental health. These services inclu t limited to identification, assessment, appraisal, and evaluati de but are not limited to health-related counseling; alcohol or on of exceptional or handicapped children; development of i drug abuse training and treatment; training to support emerg ndividualized education programs; and the providing of instr ency medical services; services to support family planning; c uctional and supportive services to such eligible students in a ounseling, delinquency prevention; genetic disease evaluatio ccordance with the provisions of R.S. 17:1941, et seq., (Act n and counseling, community-based medical support service 754 of 1977) and P.L. 94-142 and their regulations. s; evaluation and training for physically/mentally handicapp 6.a. Performance-Based Energy Efficiency Contract―a ed; and other services in support of same. contract for energy efficiency services and equipment in whi b. Habilitation and Socialization. Services rendered ch the payment obligation for each year of the contract is eit by a contractor with special knowledge to assist specified cli her: ent groups to enhance their self-sufficiency or alleviate their i. set as a percentage of the annual energy cost sa dependency and/or isolation from the community. Services i vings attributable to the services or equipment under the cont nclude but are not limited to day care; work and training; ear ract; or ly intervention for the mentally retarded, developmentally de layed, or physically handicapped; transportation for service a

129 Louisiana Register Vol. 40, No. 12 December 20, 2014 ii. guaranteed by the person under contract to be l the proposals and the time frames within which the work mu ess than the annual energy cost savings attributable to the ser st be completed. Prior to advertising its RFP, a user agency s vices or equipment under the contract. hall submit it to the Commissioner of Administration or his d b. Any state agency, board, or commission may ente esignated agent and obtain his written consent to the advertis r into a performance-based energy efficiency contract for ser ement of the RFP. vices and equipment. Any such agency, board, or commissio 5. Upon approval of a user agency's RFP, such user ag n shall contact the Division of Administration for assistance i ency shall advertise its RFP in accordance with the provision n preparation of the requests for proposals, analysis of the pr s of Title 39, Chapter 16 of the Louisiana Revised Statutes a oposals, and development of the contract. The contract shall nd the rules and regulations promulgated by OCR pursuant t be considered a consulting services contract. o that Chapter. c. Performance-based energy efficiency contracts sh B. Evaluation of Submitted Proposals all be awarded through a request for proposal process. Any p 1. A user agency shall review any proposals it timely r erformance-based energy efficiency contract entered into sha eceives in response to its RFP and shall submit to the Office ll be for a period not to exceed 10 years and shall contain a g of Facility Planning and Control ("FPC") the results of its re uarantee of energy savings. view, along with each proposal that is responsive and respon 7. Interagency contracts between governmental entitie sible and otherwise in accordance with the provisions of Titl s as defined in R.S. 39:1484(23) for any of the services enu e 39, Chapter 16 of the Louisiana Revised Statutes, the rules merated in Paragraphs 1, 2, 3, 4, 5 or 6 above shall be gover and regulations promulgated by OCR pursuant to that Chapt ned by these regulations, except that contracts between boar er, and this Section. A user agency shall not make a final sele ds of higher education and their respective institutions shall ction from among the proposals it submits to FPC. be exempt. 2. Prior to the award of any performance contract, FP AUTHORITY NOTE: Promulgated in accordance with R.S. 39 C shall evaluate all proposals submitted by a user agency for 1490(B). that performance contract. In its evaluation, FPC shall includ HISTORICAL NOTE: Promulgated by the Office of the Gover e suggestions, if appropriate, for the resolution of any unique nor, Division of Administration, Office of Contractual Review, LR issues arising in connection with a particular proposed perfor 7:181 (April 1981), amended LR 8:591 (November 1982), LR 10:4 55 (June 1984), LR 11:1067 (November 1985), LR 13:652 (Novem mance contract. FPC's evaluation shall also include, but not ber 1987), LR 17:264 (March 1991), LR 20:542 (May 1994), repro be limited to, a consideration of the following: mulgated LR 40:2556 (December 2014). a. whether proposed ECSMs are in compliance with §2505. Performance-Based Energy Efficiency Contracti the provisions of R.S. 39:1496.1; ng [Formerly LAC 34:V.105] b. whether proposed ECSMs will generate net savin A. Preparation of Requests for Proposals gs, as those terms are defined in Subsection E of this Section; 1. Performance contracts shall be considered to be con and sulting services contracts under the provisions of Title 39, C c. whether the proposed protocol for measuring and hapter 16 of the Louisiana Revised Statutes and shall be awa verifying the energy savings guaranteed in the contract confo rded in accordance with the provisions of that Chapter, the r rms to the latest standards set forth by the International Perfo ules and regulations promulgated by OCR pursuant to that C rmance Measurement and Verification Protocol. hapter, and this Section. 3. FPC shall, within 60 days of the receipt of the subm 2. Prior to its preparation of an RFP, a state agency, as itted proposals, forward to the Commissioner of Administrati defined in R.S. 39:2 (hereinafter, "user agency") shall perfor on or his designated agent its written evaluation of the submi m a needs analysis in accordance with the provisions of Title tted proposals, along with the results of the review of the sub 39, Chapter 16 of the Louisiana Revised Statutes and the rul mitted proposals by the user agency. FPC shall not make a fi es and regulations promulgated by the Division of Administr nal selection from among the proposals it forwards to the Co ation, through its Office of Contractual Review ("OCR") pur mmissioner of the Division of Administration except if FPC suant to that Chapter. Such needs analysis shall be in a form has been designated as the Commissioner's agent for that spe approved by the Commissioner of the Division of Administr cific purpose. ation or his designated agent and shall include a detailed aud 4. Prior to the award of any performance contract, the it of energy use. Commissioner of the Division of Administration or his desig 3. Prior to its preparation of an RFP, a user agency sha nated agent may retain an independent consultant in accorda ll submit its needs analysis to the Commissioner of the Divis nce with this Section. Such independent third-party consulta ion of Administration or his designated agent for approval. nt shall evaluate all proposals and written evaluations submit 4. Upon approval of a user agency's needs analysis pu ted to the Commissioner of the Division of Administration or rsuant to this Section, such user agency shall prepare an RFP his designated agent. Such evaluation shall be in accordance in a form approved by OCR, which form shall require propo with the provisions of Title 39, Chapter 16 of the Louisiana sers to separately itemize the costs and savings associated wi Revised Statutes, the rules and regulations promulgated by O th each proposed energy cost savings measure ("ECSM"). In CR pursuant to that Chapter, and this Section. After completi accordance with the provisions of Title 39, Chapter 16 of the ng its evaluation, an independent consultant shall submit to t Louisiana Revised Statutes and the rules and regulations pro he Commissioner of the Division of Administration or his de mulgated by OCR pursuant to that Chapter, every RFP shall signated agent the written results of such evaluation. An inde indicate the relative importance of price and other evaluation pendent consultant shall not make a final selection from amo factors, shall clearly define the tasks to be performed under t ng the proposals it evaluates. he performance contract, the criteria to be used in evaluating

Louisiana Register Vol. 40, No. 12 December 20, 2014 130 5. Prior to retaining an independent third-party consult ection shall set forth the total units of energy saved, the meth ant pursuant to this Section, the Commissioner of the Divisio od, device or financial arrangement to be used to establish th n of Administration or his designated agent shall require ever e amount of such savings, the cost per unit of energy and, if y proposed independent consultant to execute a written certif applicable, the basis for any adjustment in the cost per unit o ication verifying that he or she has no direct conflict of inter f energy during the term of the contract. est as to the user agency that requested the proposals to be e b. Notwithstanding any other provisions of this Sect valuated, the proposals themselves and/or those who submitt ion, every performance contract negotiated pursuant to this S ed the proposals to the user agency. Such written certificatio ection shall, with respect to each ECSM included in such per n shall be in a form approved by the legislative auditor. In or formance contract and in addition to fulfilling any other requ der to assist the legislative auditor in verifying the independe irements set forth in this Section, state the following: nce of a proposed independent consultant, such proposed ind i. the detailed scope of work to be performed pur ependent consultant shall provide to the legislative auditor a suant to the performance contract; ny documentation or information the legislative auditor requ ii. the initial price to be paid by the user agency; ests. A proposed independent consultant shall not be retained, iii. the annual energy cost savings guaranteed by t unless the legislative auditor has determined that such propo he ESCO; sed independent consultant has no direct conflict of interest a iv. the annual maintenance savings guaranteed by s to the user agency that requested the proposals to be evalua the ESCO, including, but not limited to, services, parts, mate ted, the proposals themselves and/or those who submitted th rials, labor and equipment; e proposals to the user agency. v. the annual new maintenance costs, including o 6. After completing his review of the submitted propo perating expenses added as a result of new equipment install sals and evaluations prepared by the independent consultant, ed or service performed by the ESCO; and if any, pursuant to this Section, the Commissioner of the Div vi. the total annual savings guaranteed by the ESC ision of Administration or his designated agent shall provide O. Total annual savings means annual energy cost savings pl written notification to a user agency that the Commissioner o us annual maintenance savings minus annual new maintenan f the Division of Administration or his designated agent has ce costs. consented to the award of a performance contract to a specifi c. Notwithstanding any other provisions of this Sect ed energy services company ("ESCO") or that he has not con ion, no payment shall be made to an ESCO pursuant to a per sented to the award of a performance contract. Pursuant to th formance contract unless such performance contract complie e provisions of Title 39, Chapter 16 of the Louisiana Revised s with Paragraph C.1. Statutes, the rules and regulations promulgated by OCR purs 2. The term of every performance contract negotiated uant to that Chapter, and this Section, such consent shall be pursuant to this Section and term of any obligation incurred given to the responsible ESCO whose proposal is determine by a user agency to fund a performance contract shall be for d by the Commissioner of the Division of Administration or a period equal to the lesser of 20 years or the average life of his designated agent to be the most advantageous to the state the equipment installed by the ESCO and shall contain a gua of Louisiana, taking into consideration all of the evaluation f rantee of energy savings, which guarantee shall, at a minimu actors set forth in the RFP, as well as any evaluations or reco m, ensure total annual savings sufficient to fully fund any fin mmendations provided by the user agency, and the independ ancing arrangement entered into pursuant to such performan ent consultant, if any. In the event that the Commissioner of t ce contract. he Division of Administration or his designated agent determ 3. Every performance contract negotiated pursuant to t ines that consent to the award of a performance contract wou his Section shall contain the following clause: "The continua ld not be advantageous to the state of Louisiana, he shall pro tion of this contract is contingent upon the appropriation of f vide the user agency with written reasons for his decision to unds by the legislature to fulfill the requirements of the contr withhold his consent. act. If the legislature fails to appropriate sufficient monies to 7. Except as explicitly set forth in this Section, no part provide for the continuation of the contract, the contract shal y shall disclose information derived from submitted proposal l terminate on the last day of the fiscal year for which funds s prior to the consent by the Commissioner of the Division o have been appropriated. Such termination shall be without p f Administration or his designated agent to the award of a pe enalty or expense to the agency, board or commission except rformance contract to a specified ESCO. for payments which have been earned prior to the terminatio C. Negotiation of Performance Contracts n date." 1. A user agency shall negotiate with an approved ES 4. A user agency shall submit a negotiated performanc CO a performance contract in a form approved by OCR. The e contract to OCR for its review and approval. A user agenc process of such negotiation shall be in accordance with the p y's submission of a negotiated performance contract shall be rovisions of Title 39, Chapter 16 of the Louisiana Revised St in accordance with the provisions of Title 39, Chapter 16 of t atutes, the rules and regulations promulgated by OCR pursua he Louisiana Revised Statutes, the rules and regulations pro nt to that Chapter, and this Section. The Commissioner of th mulgated by OCR pursuant to that Chapter, and this Section. e Division of Administration or his designated agent may req 5. At the time a performance contract is executed, the uire that an independent consultant retained pursuant to this contracting ESCO shall submit a certified or cashiers check, Section participate on behalf of a user agency in the negotiat payable to the Commissioner of the Division of Administrati ion of a performance contract with an approved ESCO. on or his designated agent, in a sum equal to no more than 2 a. Notwithstanding any other provisions of this Sect 1/2 percent of the total value of the proposed performance co ion, every performance contract negotiated pursuant to this S ntract. The percentage of such total value and the means of c

131 Louisiana Register Vol. 40, No. 12 December 20, 2014 alculating such total value shall be determined by the Comm 3. User agencies shall provide to the legislative audito issioner of the Division of Administration or his designated a r copies of all performance information and other reports sub gent and shall be set forth in the performance contract. mitted by an ESCO pursuant to a performance contract or thi D. Audits of Performance Contracts s Section. The legislative auditor shall conduct periodic audit 1. An ESCO that enters into a performance contract sh s of performance contracts, both during the term of such perf all provide the user agency with all performance information ormance contracts and upon the completion of such perform and other reports required by the performance contract. ance contracts. a. An ESCO's reports to the user agency shall confo E. Retention by User Agencies of Net Savings Generated rm with the standards of the International Performance Meas by Energy Cost Savings Measures urement and Verification Protocol. 1. Pursuant to R.S. 39:254.B(1), a user agency that is b. An ESCO's reports to the user agency shall, in ad able to demonstrate net savings from implementing an ECS dition to fulfilling any other requirements set forth in its perf M by means of a performance contract may retain its net sav ormance contract or in this Section, state the following: ings relating to such ECSM, until the investment costs of im i. the name of the user agency; plementing the ECSM are paid in full, and thereafter may ret ii. the ESCO's name and address; ain one half of such net savings over the remaining useful lif iii. whether the payment obligation under the perfo e of the ECSM. Such retained net savings shall be from fund rmance contract is either: s appropriated or allocated to the user agency for utility costs. (a). set as a percentage of the annual energy cost 2. The Commissioner of the Division of Administratio savings attributable to the services or equipment under the p n or his designated agent shall develop and promulgate such erformance contract; or rules and regulations as are necessary to provide for the mea (b). guaranteed by the ESCO to be less than the a surement and verification of net savings relating to ECSMs. nnual energy cost savings attributable to the services or equi 3. For the purposes of these rules, ECSM refers to a re pment under the performance contract; pair, equipment modification, procedure, course of action or iv. the total annual savings guaranteed by the ESC other step taken which lowers energy costs. O; 4. For the purposes of these rules, net savings from th v. the total amount the user agency is required to e implementation of ECSMs shall be defined as measurable pay under the performance contract and the term of the contr and verifiable energy cost savings that directly result from su act; ch implementation and shall be determined in accordance wi vi. the total amount paid to date by the user agenc th the following provisions. y and the amount paid each year to date under the performan a. ESCOs shall employ energy savings measuremen ce contract; t techniques that embody the best practical methods of deter vii. any costs paid by the user agency which were a mining net savings generated by the ECSMs to be evaluated. ssociated with the set-up or maintenance of the performance Such measurement techniques shall be fully defined and set f contract or with repair or maintenance of the equipment used orth in the RFP and performance contract that includes the E under the performance contract; CSMs. In selecting a measurement technique, an ESCO shall viii. the annual cost to the user agency of energy or consider the complexity of the ECSM to be evaluated and ot other utilities beginning two years prior to operation of the p her factors that may affect energy use, such as changes in the erformance contract and during the operation of the perform mission of a facility, population, space utilization and weath ance contract; and er. ix. the annual energy cost savings each year, show b. Energy savings measurement may be based upon n also as a percentage of the annual amount to be paid by the estimates, calculations or computer models, if metering is no user agency under the performance contract. When calculati t practical. ng annual energy cost savings, maintenance savings shall be c. Every RFP and performance contract shall set for included. Maintenance savings means operating expenses eli th in detail the method to be used by an ESCO in order to det minated and future capital replacement expenditures avoided ermine the unit energy costs by which an energy baseline an by the user agency as a result of new equipment installed or d energy savings are to be multiplied. For the purposes of the services performed by the ESCO. se rules, an energy baseline shall be defined as the amount of 2. Upon a request by a user agency, by the Commissio energy that would be consumed annually without implement ner of the Division of Administration or his designated agent ation of a given ECSM and shall be based upon historical me or by the legislative auditor, an ESCO shall provide any wor tered data, engineering calculations, submetering of building king documents, accounting records or other materials relati s or other energy-consuming systems, building load simulati ng to costs, pricing or any other aspect of the ESCOs perfor ons, statistical regression analysis, or some combination of t mance pursuant to a performance contract. Documents, recor hese methods. ds and other materials provided by an ESCO in accordance d. The selection of every energy savings measureme with this Section shall be subject to review and verification b nt technique and method of determining unit energy costs or y a user agency, by the Commissioner of the Division of Ad energy baseline shall be subject to the approval of the Comm ministration or his designated agent, by the legislative audito issioner of the Division of Administration or his designated a r, or by an independent third party selected by a user agency, gent, who shall have the authority to modify such techniques by the Commissioner of the Division of Administration or by and methods if he determines, in his sole discretion, that suc the legislative auditor. h modification is warranted by changed conditions or other c

Louisiana Register Vol. 40, No. 12 December 20, 2014 132 ircumstances affecting the accuracy or appropriateness of su he review and approval process of professional, personal, co ch techniques and methods. nsulting and social services contracts, to specifically include e. Net savings must be real savings of money that th contracts for professional, personal, consulting and social ser e state of Louisiana either is currently spending or has budge vices for $10,000 and under. Such delegations of authority m ted to spend in the future. Such money must be available in t ay be made upon written request by the head of the using ag he state's budget for payments against the performance contr ency and shall be provided for in a written Memorandum of act involved. Net savings may be either recurring or one-tim Agreement between the Office of Contractual Review and ea e cost savings. ch using agency receiving such a delegation. All provisions f. Examples of net savings shall include, but not be of law and of these regulations not delegated remain applica limited to, recurring operation, maintenance and repair tasks, ble. Upon execution of the Memorandum of Agreement as h which are currently performed by the state or its agents and erein provided, such delegation of authority shall remain in f which are directly related to the energy-consuming system af ull force and effect, until it may be canceled in writing, by th fected by an ECSM. The savings associated with such tasks e Director of the Office of Contractual Review. shall be net savings, if the ESCO assumes such tasks, reduce B. A contract meeting the definition of small purchase u s the burden of such tasks or eliminates such tasks. The Com nder R.S. 39:1508 may be approved by the agency director missioner of the Division of Administration or his designate without the necessity of forwarding a copy to the Office of C d agent shall determine whether an ESCO's action with respe ontractual Review. The agency shall maintain a file for all s ct to a given recurring task generates net savings and shall de mall purchase contracts. This file shall be available for inspe termine the value of such net savings. ction by the Director of the Office of Contractual Review or g. Net savings may also include one-time cost savin his designee upon request. gs of money budgeted by the state and available to fund a pr C. The using agency shall submit a quarterly report to th oject or task that is made unnecessary by the implementation e Office of Contractual Review. This report shall contain a li of an ECSM. The Commissioner of the Division of Administ sting of all small purchase contracts to include: the name of ration or his designated agent shall determine whether an ES contractor, amount of contract, specific nature of services re CO's action with respect to a given one-time project or task ndered, date of contract, and total dollar amount of all small generates net savings and shall determine the value of such n purchase contracts entered into by the using agency for that et savings. quarter. If no such contracts have been entered into during th h. Any utility company rebates or other incentives a is period, a report shall still be submitted notifying the Offic rising in connection with the implementation of an ECSM sh e of Contractual Review of same. See §197, Appendix E for all be the property of the user agency. An ESCO shall provid format of report. e any assistance necessary in order to permit a user agency t AUTHORITY NOTE: Promulgated in accordance with R.S. 39 o apply for and receive such rebates or other incentives. 1490(B). F. Grandfathered Performance Contracts HISTORICAL NOTE: Promulgated by the Office of the Gover 1. Notwithstanding any other provision of this Section nor, Division of Administration, Office of Contractual Review, LR 7:179 (April 1981), amended LR 8:591 (November 1982), LR 10:4 where an RFP or a proposed performance contract is exempt 55 (June 1984), LR 11:1068 (November 1985), LR 17:265 (March from the application of Subparagraphs (a) through (d) of R.S. 1991), repromulgated LR 40:2561 (December 2014). 39:1496.1.E(1), the selected ESCO shall, at the time a perfo §2509. Contract Contents rmance contract is executed, submit a certified or cashiers ch [Formerly LAC 34:V.109] eck, payable to the Commissioner of the Division of Admini A. Each contract for professional, personal, consulting an stration or his designated agent, in a sum equal to no more th d social services shall follow the provisions of R.S. 39:1498. an 1 percent of the total value of the proposed performance c 1. ontract. The percentage of such total value and the means of B. Contracts funded fully or in part by federal funds, in a calculating such total value shall be determined by the Com ddition to meeting all the requirements of these guidelines an missioner of the Division of Administration or his designate d R.S. 39:1428-1473, shall meet all applicable federal standa d agent and shall be set forth in the performance contract. rds and shall contain all necessary clauses required by federa 2. Where an RFP or a proposed performance contract i l statutes, rules or regulations. The burden of complying with s exempt from the application of Subparagraphs (a) through federal regulations shall rest with the using agency. (d) of R.S. 39:1496.1.E(1), such RFP or proposed performan C. Travel expenses shall be reimbursed in accordance wi ce contract shall not be subject to the application of Subsecti th Division of Administration Policy and Procedure Memora on A or B of this Section but shall be subject to the remainin ndum 49 (the state general travel regulations, g provisions of this Section. LAC 4, Part V). Persons performing services under contracts AUTHORITY NOTE: Promulgated in accordance with R.S. 39 approved by the Office of Contractual Review shall be consi 1490(B). HISTORICAL NOTE: Promulgated by the Office of the Gover dered to be other persons under LAC 4:V.1503.C.3 (the state nor, Division of Administration, Office Facility Planning and Contr general travel regulations). ol, LR 31:640 (March 2005), amended LR 32:2049 (November 200 D. When a contract is to include travel and other reimbur 6), repromulgated LR 40:2558 (December 2014). sable expenses, it shall contain language to effect the followi §2506. Contracts for $10,000 or Less ng: [Formerly LAC 34:V.106] 1. travel and other reimbursable expense shall constitu A. The Director of the Office of Contractual Review may, te part of the total maximum payable under the contract. Tra in accordance with R.S. 39:1488, 1490.B(3), and 1508, dele vel expenses shall be reimbursed in accordance with Admini gate to other state-using agencies certain responsibilities in t

133 Louisiana Register Vol. 40, No. 12 December 20, 2014 stration Policy and Procedure Memorandum 49 (PPM 49), L AUTHORITY NOTE: Promulgated in accordance with R.S. 39 AC 4, Part V; or 1490(B). 2. no more than (a certain sum) of the total maximum HISTORICAL NOTE: Promulgated by the Office of the Gover amount payable under this contract shall be paid or received nor, Division of Administration, Office of Contractual Review, LR 4:497 (December 1978), amended LR 7:182 (April 1981), LR 8:59 as reimbursement for travel and other reimbursable expenses. 2 (November 1982), LR 10:456 (June 1984), LR 11:1068 (Novemb Travel expenses shall be reimbursed in accordance with Div er 1985), LR 13:653 (November 1987), repromulgated LR 40:2562 ision of Administration Policy and Procedure Memorandum (December 2014). 49, LAC 4, Part V. §2521. Contractual Review Process E. If the using agency desires to reimburse the contractor [Formerly LAC 34:V.121] other than in accordance with rates established in Policy and A. Contracts arriving in the Office of Contractual Revie Procedure Memorandum 49, LAC 4, Part V, such reimburse w will be date stamped and logged in. Contracts should be s ment must be approved by the Commissioner of Administrat ubmitted prior to their effective dates and no contract shall b ion as a waiver to the requirements of PPM 49. e approved which has been submitted 60 days after its effecti AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ve date unless written justification is provided by the using a 1490(B). gency and approval granted by the Director of Contractual R HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR eview or his designee. All submittals will be required to have 4:496 (December 1978), amended LR 7:182 (April 1981), LR 8:59 a cover letter attached thereto in conformity with §195, Appe 2 (November 1982), LR 10:456 (June 1984), LR 11:1068 (Novemb ndix D of this Part. er 1985), repromulgated LR 40:2561 (December 2014). B. If a contract does not appear to be out of the ordinary §2512. Modification of Contract and appears to have the necessary attachments and inclusion [Formerly LAC 34:V.112] s, it will be routed as appropriate to the Division of Administ A. All amendments to contracts for professional, persona ration budget analyst for the submitting agency. A BA-22, or l, consulting and social services shall be submitted to the Off its equivalent, shall be submitted with every contract submitt ice of Contractual Review and shall become effective only u ed to the Office of Contractual Review, which contains any e pon approval by the Director of the Office of Contractual Re xpenditures or reduction in expenditures. view. If an amendment extends a contract beyond one year, j C. Contracts that are incomplete as to form may be retur ustification for a multi-year contract must be submitted with ned to the submitting agency. If a contract is merely missing said amendment in accordance with §133. an attachment then the necessary attachment may be secured AUTHORITY NOTE: Promulgated in accordance with R.S. 39 from the submitting agency. 1490(B). D. Contracts Returned from Budget HISTORICAL NOTE: Promulgated by the Office of the Gover 1. Not Recommended for Approval. If a contract is no nor, Division of Administration, Office of Contractual Review, LR t recommended for approval, the Office of Contractual Revie 4:497 (December 1978), amended LR 7:182 (April 1981), LR 8:59 w shall discuss the reason with the budget analyst. If the pro 2 (November 1982), LR 10:456 (June 1984), LR 11:1068 (Novemb er 1985), LR 13:653 (November 1987), repromulgated LR 40:2562 blem cannot be resolved, the contract shall be returned to the (December 2014). submitting agency with a letter explaining the problem. §2515. Termination of Contract 2. Recommended for Approval. If a contract is recom [Formerly LAC 34:V.115] mended for approval the review process shall continue. A. Whenever a contract is terminated prior to the termina E. Legal and Content Review. There are a number of diff tion date stated in the contract, the Office of Contractual Rev erent types of contracts, and content requirements may vary iew shall be notified in writing by the using agency of such p a little. All contracts shall contain the following: rior termination, and the reasons therefor. 1. signatures of both the head of the using agency or h AUTHORITY NOTE: Promulgated in accordance with R.S. 39 is designee and the contractor. At least one submitted copy o 1490(B). f each contract shall bear an actual, nonfacsimile signature o HISTORICAL NOTE: Promulgated by the Office of the Gover f each party; nor, Division of Administration, Office of Contractual Review, LR 2. contractor name and address (including zip code); 4:497 (December 1978), amended LR 7:182 (April 1981), LR 8:59 3. scope of services that clearly and completely identif 2 (November 1982), LR 10:456 (June 1984), LR 11:1068 (Novemb ies the work to be performed and products to be delivered; er 1985), repromulgated LR 40:2562 (December 2014). 4. beginning and termination dates for the contract. N §2518. Submission of Contracts ormally, such contracts should be for a term no longer than o [Formerly LAC 34:V.118] ne year, although the Director of Contractual Review may ap A. The original contract and at least one copy of said con prove contracts with terms up to three years. Contracts shall tract and attachments shall be submitted to the Office of Con not include a clause permitting automatic renewal or extensi tractual Review. The Office of Contractual Review shall sub on of the original beyond a three-year period, unless authoriz mit a list of all contracts for $25,000 or more to the Legislati ed by the funding statute. Per R.S. 39:1496.1(c), performanc ve Fiscal Office. Copies of such contracts shall be forwarded e-based energy efficiency contracts shall have a term not to e to the Legislative Fiscal Office upon request. The Office of xceed 10 years; Contractual Review will not accept for review and approval 5. the maximum amount of compensation to be paid u any contract that is not accompanied by the necessary attach nder the contract. This maximum must be inclusive of all pa ments and copies as required herein. (Attachments being sub yment, fees, travel expenses, etc. When applicable, the amou mittal letters, R.S. 39:1497 certification, BA-22, etc.) nts shall be stated by category and then given as a comprehe nsive total. The payment schedule shall be given also;

Louisiana Register Vol. 40, No. 12 December 20, 2014 134 6. a statement giving the legislative auditor and/or the 3. Legislative Auditor. Contracts for financial auditing Office of the Governor, Division of Administration auditors of state agencies must have prior written approval of the legi authority to audit the financial records of the contractor relati slative auditor. ve to work done under the contract. A clause referencing aud 4. If the contractor is a corporation not incorporated u it requirements given in R.S. 24:517 is advisable for contract nder the laws of the state of Louisiana, then the contractor m ors who may be considered "quasi-public"; ust secure a certificate of authority pursuant to R.S. 12:301-3 7. a clause providing that the contractor shall not assig 02 from the secretary of the state of Louisiana and verificati n any interest in this contract, and shall not transfer any inter on of such certificate must be made available to the Office of est in the same (whether by assignment or novation), without Contractual Review. the prior written consent of the submitting agency thereto, pr 5. The Office of Telecommunications Management sh ovided, however, that claims for money due or to become du all review and recommend any contract containing elements e to the contractor from the using agency under this contract of telecommunication services before returning it to the Offi may be assigned to a bank, trust company, or other financial ce of Contractual Review for completion of the analysis. institution without such approval. Notice of any such assign H. Consulting Services Contracts for $50,000 or More. If ment or transfer shall be furnished promptly to both the usin a contract is for services defined as consulting in R.S. 39:14 g agency and the Director of the Office of Contractual Revie 84(4) and is for an amount equal to or exceeding $50,000, it w; must have been awarded pursuant to the requirements of R.S. 8. the Office of Contractual Review shall notify the us 39:1503, unless exempt by §142. Failure to so comply shall ing agency in writing when an assignment of proceeds notice result in the using agency having to reconduct the process. A has been received from a contractor; statement in accordance with R.S. 39:1503.C as to why the a 9. a statement giving the contractor the responsibility f ward was made must be submitted with the contract. or paying any taxes which may be due as a result of the contr I. Data processing consulting service contracts for more act. The taxes could include state or federal income taxes or than $100,000 shall be procured in accordance with Subchap payroll taxes; ter C of these regulations. 10. advance payments on all contracts except those for J. Social Services Contracts for $150,000 or More Durin professional services are allowable if limited to less than or e g a 12-Month Period. If a contract is for services defined as s qual to 20 percent of the contract amount and if necessary to ocial services in R.S. 39:1484(24), it must have been awarde provide for the lowest cost delivery of service: d pursuant to the requirements of R.S. 39:1503 unless exemp a. all such advances shall be approved by the Direct t by R.S. 1494.1. Failure to so comply shall result in the usin or of the Office of Contractual Review. If federal funds are t g agency having to reconduct the process. A statement in acc o be advanced, federal guidelines shall prevail on the conditi ordance with R.S. 39:1503(c) as to why the award was made ons and amount of the advance. Specific state statutory auth must be submitted with the contract. ority may override the 20 percent limit for certain contracts; K. When a contractor is a corporation, a formal, dated bo b. when submitting for approval a contract includin ard resolution must be secured and attached to the contract i g provisions for an advance, the using agency shall submit th ndicating that the signatory is a corporate representative and e following additional information at a minimum: authorized to sign said contract. i. certification by the using agency that the procu L. When it has been determined that a contract is comple rement of the services involved at the lowest cost requires th te, the contract shall be returned to the submitting e advance and that no other source of funding is available; ii. provisions in the contract specifying the amoun t and timing of the payments and safeguarding repayment of the advance. F. Each contract over $5,000 submitted for approval shal l be accompanied by a certification letter as described in R.S 39:1497, signed by the using agency's representative (see §1 91, Appendix B of this Part). G. Proof of review and approval by other agencies shall accompany submitted contracts as follows; or contracts will be returned to the submitting agency without final approval. 1. Civil Service. All contracts must have Civil Service approval unless exempted by the Department of Civil Servic e. 2. Attorney General. Contracts for legal services that a re not consulting work and that do involve or lead to litigatio n must be reviewed by the attorney general in accordance wi th R.S. 49:258. Approval of the attorney general can be evid enced by the signature on the contract documents or by a lett er from the attorney general. Contracts with Louisiana distric t attorneys do not require this approval.

135 Louisiana Register Vol. 40, No. 12 December 20, 2014 agency with an approval letter attached and signed by the B. Other specialists as may be included later by the Dire Director of Contractual Review. ctor of the Office of Contractual Review. M. A performance evaluation for every personal, professi AUTHORITY NOTE: Promulgated in accordance with R.S. 39 onal, consulting or social services contract shall be done by t 1490(B). he using agency in accordance with R.S. 39:1500. This perfo HISTORICAL NOTE: Promulgated by the Office of the Gover rmance evaluation shall be retained by the using agency for nor, Division of Administration, Office of Contractual Review, LR 8:593 (November 1982), amended LR 10:457 (June 1984), LR 11:1 all small purchase contracts approved under delegated author 070 (November 1985), LR 15:82 (February 1989), LR 17:266 (Mar ity. For all other contracts this performance evaluation shall ch 1991), repromulgated LR 40:2564 (December 2014). be submitted to the Office of Contractual Review within 120 §2527. Delegation of Signature Authority days after the termination of the contract. An example evalua [Formerly LAC 34:V.127] tion form can be found in §195, Appendix F of this Part. Usi A. R.S. 39:1502 requires that the head of the using agenc ng agencies should use their own formats. y or his designee shall sign all contracts for personal, profess AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ional, consulting or social services. All delegations of signat 1490(B). HISTORICAL NOTE: Promulgated by the Office of the Gover ure authority by the head of the using agency must be in writ nor, Division of Administration, Office of Contractual Review, LR ing and must be approved by the Office of Contractual Revie 7:182 (April 1981), amended LR 8:592 (November 1982), LR 10:4 w. Normally delegations of signature authority to the level of 56 (June 1984), LR 11:1069 (November 1985), LR 13:87 (February assistant secretary or equivalent will be approved if circumst 1987), LR 13:653 (November 1987), LR 15:81 (February 1989), re ances warrant the delegation. Delegations of signature autho promulgated LR 40:2562 (December 2014). rity to a level below that of assistant secretary may be grante §2524. Exempt Occupations [Formerly LAC 34:V.124] d in unusual situations, for example, where the volume of co A. The following list of occupations shall be construed a ntracts is very heavy. s falling within the definition of medical, nursing or allied he B. In addition, autonomous or semi-autonomous boards alth fields given in R.S. 39:1498.2. Personnel employed in th or commissions may sign their own contracts if such authorit ese fields would therefore be exempt from the prohibition co y is granted them by their enabling legislation or by the head ntained in R.S. 39:1498(4) which disallows personal, profess s of the agency in which they are placed. ional, consulting or social services contracts between the stat AUTHORITY NOTE: Promulgated in accordance with R.S. 39 e of Louisiana and state employees: 1490(B). 1. audiologist; HISTORICAL NOTE: Promulgated by the Office of the Gover 2. dental assistant; nor, Division of Administration, Office of Contractual Review, LR 3. dentist; 8:593 (November 1982), amended LR 10:457 (June 1984), LR 11:1 070 (November 1985), repromulgated LR 40:2564 (December 201 4. electroencephalograph technician; 4). 5. emergency medical technician; §2530. Confidentiality of Technical Data or Trade Secre 6. hospital chaplain; ts [Formerly LAC 34:V.130] 7. inhalation therapist; A. The using agency shall be responsible for protecting t 8. medical laboratory technologist; echnical data, financial information, overhead rates, and trad 9. accredited medical records technician/ administrato e secrets which may come into their possession from individ r; uals and businesses doing business with the state. Any such i 10. nurse anesthetist; nformation received by the Office of Contractual Review sha 11. occupational therapist; ll be returned to the using agency upon completion of said re 12. optometrist; view. 13. osteopath; AUTHORITY NOTE: Promulgated in accordance with R.S. 39 14. pharmacist; 1490(B). 15. psychologist; HISTORICAL NOTE: Promulgated by the Office of the Gover 16. physical therapist; nor, Division of Administration, Office of Contractual Review, LR 17. physician; 7:181 (April 1981), amended LR 8:593 (November 1982), LR 10:4 18. podiatrist; 57 (June 1984), LR 11:1070 (November 1985), repromulgated LR 19. practical nurse; 40:2564 (December 2014). 20. professional dietitian; §2533. Multi-Year Contracts [Formerly LAC 34:V.133] 21. psychiatrist; A. Contracts in excess of one year shall be submitted to t 22. radiologic technologist; he Office of Contractual Review with written reasons why a 23. radioisotope technologist; multi-year contract is needed. Justification of multi-year con 24. registered nurse; tracts shall be submitted in accordance with R.S. 39:1514 in 25. rehabilitation counselor; compliance with the delegation of authority from the Commi 26. respiratory therapy technician; ssioner of Administration. 27. respiratory therapy technologist; B. Any contracts which cross fiscal years should contain 28. social worker; a funding-out clause in accordance with R.S. 39:1514. 29. speech pathologist; AUTHORITY NOTE: Promulgated in accordance with R.S. 39 30. ultrasonography technologist. 1490(B). HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual

Louisiana Register Vol. 40, No. 12 December 20, 2014 136 Review, LR 7:181 (April 1981), amended LR 8:593 (November 15:82 (February 1989), repromulgated LR 40:2565 (December 201 1982), LR 10:458 (June 1984), LR 11:1070 (November 1985), LR 4). 17:266 (March 1991), repromulgated LR 40:2564 (December 201 §2536. Determination of Responsibility 4). [Formerly LAC 34:V.136] §2534. Cost Reimbursement Contracts A. In order to qualify as responsible, an offerer must mee [Formerly LAC 34:V.134] t the following standards as they relate to the particular proc A. If a nongovernmental provider is expected to receive urement under consideration: $100,000 or more per year of state funds via one or more cos 1. has adequate financial resources for performance, o t-reimbursement contracts, then those contracts shall contain r has the ability to obtain such resources as required during p at least one of the following requirements: erformance; 1. source documentation verification (evidenced by in 2. has the necessary experience, organizations, technic voices, canceled checks, certified payroll sheets, etc.) shall b al qualifications, skills, and facilities, or has the ability to obt e submitted to the state to justify each payment request; or ain them (including probable subcontractor arrangements); 2. utilizing internal auditors, the using agency shall pe 3. is able to comply with the proposed or required tim rform frequent, unannounced contract compliance audits of t e of delivery or performance schedule; he contractor. "Frequent" shall mean no less than once per co 4. has a satisfactory record of integrity, judgment and ntract or per 12 months if the contract is longer than 12 mont performance (contractors who are seriously delinquent in cur hs and all disallowed expenditures shall be reimbursed to the rent contract performance, considering the number of contra using agency; or cts and the extent of delinquencies of each, shall in the absen 3. the contract shall require the contractor to obtain a c ce of evidence to the contrary or evidence of compelling circ ontract compliance audit of expenditures charged to the cont umstances, be presumed to be unable to fulfill the requireme ract. This compliance audit shall be performed by a certified nt); public accountant or the Louisiana legislative auditor's office. 5. is otherwise qualified and eligible to receive an awa A contract compliance audit must include an examination of rd under applicable laws and regulations. reimbursed expenditures to determine if they are in accord w B. An offerer shall present acceptable evidence of financ ith contract terms, not reimbursed by any other source, and i ial resources, experience, organization, technical qualificatio n accord with any guidelines set by the using agency or other ns, skills, and facilities, to perform the service called for by t relevant authority. This examination shall be conducted in ac he contract. cordance with generally accepted auditing and sampling pro C. No contract for consulting services for $50,000 or mo cedures, including the Government Auditing Standards ("Yel re, or for social services for $150,000 or more shall be award low Book"). See §201, Appendix G of this Part for sample o ed to any person or firm unless the head of the using agency pinion letter for this contract compliance audit. has first determined that such person or firm is responsible w a. Such an audit may be performed in conjunction ithin the meaning of Subsections A and B. with a financial audit, but results must be available to the usi D. In any case where a contract for consulting services is ng agency within 12 months after the fiscal year end of the c for $50,000 or more, or where a contract for social services i ontractor. It is the intention of this rule not to require audits a s for $150,000 or more, the head of the using agency shall pr t a different time of year if annual audits are currently being epare, sign, and place in the contract file a statement of the f performed. Thus, a contract period may be covered by two s acts on which a determination of responsibility was based. A eparate audits. ny supporting documents or reports and any information to s b. For multi-year cost-reimbursement contracts, the upport determinations of responsibility of the offerer or pote provider may with the using agency's consent, elect to have ntial subcontractors should be kept on file with the agency, s a multi-year contract compliance audit done to cover the enti ubject to inspection upon the request by the Director of Cont re contract period. ractual Review or his designee. c. If a single provider has multiple cost-reimbursem E. Before making a determination of responsibility, the h ent contracts subject to the requirements of §134, then the pr ead of the using agency shall have sufficient current informa ovider may elect to have an audit done using the single audit tion to satisfy himself that the prospective contractor meets t model. In these instances, a major state contract means any s he standards in Subsections A and B. Information from the f tate contract for which expenditures during the year exceed t ollowing sources shall be utilized before making a determina he greater of $100,000 or 3 percent of such total expenditure tion of responsibility: s. 1. information from the prospective contractor, includi d. All disallowed expenditures shall be reimbursed t ng representations and other data contained in proposals, or o the using agency. Such disallowances shall normally be rec other written statements or commitments, such as financial a ouped by the using agency in current or future contracts with ssistance and subcontracting arrangements; the provider. For cost-reimbursement contracts, any audit of 2. other existing information within the agency, includ the contract period issued pursuant to the Single Audit Act of ing financial data, the list of debarred and ineligible bidders 1984, P.L. 98-502, OMB Circular A- 110, or other federal le and records concerning contractor performance; gislation and regulations, shall fulfill the audit requirements 3. publications, including credit ratings and trade and of this Paragraph 3. financial journals; AUTHORITY NOTE: Promulgated in accordance with R.S. 39 4. other sources, including banks, other financial com 1490(B) and 39:1521. panies, and state departments and agencies. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR

137 Louisiana Register Vol. 40, No. 12 December 20, 2014 F. To the extent that a prospective contractor cannot mee G. Appeal. The contractor or business who is directly aff t the standard in Paragraph A.2 except by means of proposed ected by the decision of the Director of Contractual Review subcontracting, the prospective prime contractor shall not be may appeal in writing to the Commissioner of Administratio considered to be responsible unless recent performance histo n within 10 days of the receipt of said decision. ry indicates an acceptable subcontracting system or prospecti H. Reinstatement ve major subcontractors are determined by the head of the us 1. If the commissioner finds that the Director of Contr ing agency to satisfy that standard. actual Review was in error, then he may reinstate said indivi AUTHORITY NOTE: Promulgated in accordance with R.S. 39 dual or business. If the commissioner affirms the decision of 1490(B). the Director of Contractual Review that decision is final and HISTORICAL NOTE: Promulgated by the Office of the Gover conclusive. nor, Division of Administration, Office of Contractual Review, LR 2. The Director of Contractual Review, upon request o 4:496 (December 1978), amended LR 8:593 (November 1982), LR 10:458 (June 1984), LR 11:1070 (November 1985), LR 13:654 (No f a debarred contractor, shall review the requesting debarred vember 1987), repromulgated LR 40:2565 (December 2014). contractor's file on an annual basis, and may reinstate said co §2539. Suspension, Debarment and Reinstatement [For ntractor for future consideration if he believes the circumsta merly LAC 34:V.139] nces warrant reinstatement and it would be in the best interes A. Authority. After reasonable notice to the person invol t of the state. A list of debarred contractors shall be kept by t ved and reasonable opportunity for that person to be heard, t he Office of Contractual Review and made available upon re he Director of the Office of Contractual Review shall have a quest to state agencies. uthority to suspend or debar a person for cause from conside AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1490(B). ration for a contract, provided that doing so is in the best inte HISTORICAL NOTE: Promulgated by the Office of the Gover rest of the state. nor, Division of Administration, Office of Contractual Review, LR B. Suspension. The Director of the Office of Contractual 8:594 (November 1982), amended LR 10:458 (June 1984), LR 11:1 Review may suspend a person from consideration for a contr 071 (November 1985), repromulgated LR 40:2566 (December 201 act if he determines in writing that there is probable cause to 4). believe that such person has engaged in any activity which Subchapter B. Contracts Let Via a Request for Proposals might lead to debarment. Said suspension shall not exceed 6 Process 0 days if debarment is not forthcoming. §2542. Source Selection Methods C. Causes for Debarment. The causes for debarment incl [Formerly LAC 34:V.142] ude, but are not limited to the following: A. Pursuant to R.S. 39:1494-1496 professional or person 1. conviction for a criminal offense as an incident to o al services contracts for any amount, consulting services con btaining or attempting to obtain a public or private contract o tracts less than $50,000, and social services contracts meetin r subcontract, or in the performance of such contract or subc g one of the requirements of R.S. 39:1494.1.A may be award ontract; ed without competitive negotiation or bidding, therefore this 2. conviction under state or federal statutes of embezzl Section shall be applicable to consulting services contracts f ement, theft, forgery, bribery, falsification or destruction of r or $50,000 or more and social services contracts for $150,00 ecords, receiving stolen property, or any other offense indica 0 or more which are not exempted by R.S. 39:1494.1.A. ting a lack of business integrity or business honesty which c 1. Emergency Purchases. An emergency situation mus urrently, seriously, and directly affects responsibility as a stat t be determined in writing by the Director of Contractual Re e contractor; view or his designee. The using agency which requests an e 3. conviction under state or federal antitrust statutes ar mergency procurement must indicate in writing the basis of t ising out of the submission of bids or proposals; he emergency. 4. violation of contract provisions, or a recent record o 2. Sole Source Procurement. A determination in writin f failure to perform, or of unsatisfactory performance in acco g, supported by using agency documentation, must be made rdance with the terms of one or more contracts; provided tha by the Director of Contractual Review or his designee that o t failure to perform or unsatisfactory performance caused by nly one source exists for the services requested by the using acts beyond the control of the contractor shall not be conside agency. red to be a basis for debarment; and 3. A determination by the Director of Contractual Rev 5. any other cause the Director of Contractual Review iew that contracts are necessary under Paragraph 1 or 2 abov determines to be so serious and compelling as to affect respo e will dispense with the requirement of a request for proposa nsibility as a state contractor, including debarment by anothe l pursuant to R.S. 39:1496.B and R.S. 1494.1.B. r governmental entity for any cause listed in regulations. 4. Record. A record of emergency procurements and s D. Decision. The Director of the Office of Contractual R ole source procurements shall be maintained by the Office of eview shall issue a written decision stating his reasons and fi Contractual Review, and shall contain: ndings therein. a. contractor's name; E. Notice of Decisions. A copy of the decisions under Su b. the amount of the contract; bsection D of this Section shall be mailed or otherwise furnis c. services to be rendered; hed immediately to the debarred or suspended person and an d. reason for the emergency or sole source procure y other party intervening. ment. F. Finality of Decision. A decision under Subsection D o AUTHORITY NOTE: Promulgated in accordance with R.S. 39 f this Section shall be final and conclusive, unless appealed a 1490(B). s provided for in Subsection G.

Louisiana Register Vol. 40, No. 12 December 20, 2014 138 HISTORICAL NOTE: Promulgated by the Office of the Gover a. with respect to prices, where such prices are fixe nor, Division of Administration, Office of Contractual Review, LR d by law or regulation, except that consideration shall be giv 7:179 (April 1981), amended LR 8:594 (November 1982), LR 10:4 en to competitive terms and conditions; or 59 (June 1984), LR 11:1071 (November 1985), LR 13:655 (Novem b. where time of delivery or performance will not p ber 1987), repromulgated LR 40:2566 (December 2014). ermit discussions; or §2545. Request for Proposals c. where it can be clearly demonstrated and docume [Formerly LAC 34:V.145] nted from the existence of adequate competition or accurate A. Unless otherwise stated, this Section applies to Reque prior cost experience with that particular service that accepta sts for Proposals (RFP) for both consulting and social servic nce of an initial offer without discussion would result in fair es contracts. and reasonable prices, and the request for proposals notifies 1. Prequalification of Offerers for Consulting Services all offerers of the possibility that an award may be made on t Contracts Only. A using agency which intends to issue a RFP he basis of the initial offers. shall request the prequalified offerers list, as described below, 6. In addition to the requirements of R.S. 39:1503 and prior to issuing an RFP. A using agency shall forward a noti these regulations, a request for proposals shall: ce of the request for proposals to those businesses on said lis a. specifically define the task and desired results of t who offer the services requested in the RFP. project; a. The Office of Contractual Review shall prepare a b. identify agency liaison personnel and resources a nd maintain a prequalified list of offerers to be used in the re vailable to the contractor, both in preliminary studies and the quest for proposal procedure as provided for in R.S. 39:1506. actual services; b. Contractors who are interested in being placed on c. state approximately when the contractor can begi this list shall submit a statement of qualifications to the Offic n the work, plus an estimate of the time necessary to accomp e of Contractual Review. This statement must describe the p lish the work, if applicable; otential contractor's current qualifications by subject area an d. specify applicable procedures concerning billing, d include key personnel currently employed or associated, an documentation requirements, progress reports, and final repo d be accompanied by a résumé of each. Additionally, a list sh rts, if applicable; ould be provided describing previous work done (by subject e. specify that a minimum of two copies of the prop area), with whom (governmental agency or private business) osal be submitted; and the names of contact persons for each client listed. f. inform the potential contractors of the criteria an c. Each statement of qualifications shall have attach d the selection methodology and the weight which will be ap ed to it a financial statement or other evidence of financial so plied to each significant evaluation criteria to be used in eval lvency. uating the proposals' responsiveness to the RFP; d. Finally, any other current information or material g. require potential contractors to include the follow which would further describe a potential contractor's qualific ing information in their proposals: ations will be accepted. i. a description of the firm's qualifications to incl 2. Notice to Social Service Proposers. Written notice s ude a specific list of personnel to be used in the services and hall be mailed to persons, firms or corporations who are kno their qualifications (at least list the number and the qualificat wn to be in a position to furnish such social services, at least ions of each position). However, a résumé will be required o 14 days before the last day that such proposals will be accept n each of the key personnel. Additionally for consulting serv ed. This requirement is subject to reasonable limitation at the ices, the contractor must stipulate that these personnel will n discretion of the using agency. ot be removed from the contract without prior approval of th 3. Advertisements. Written notices shall contain a gen e using agency; eral description of the consulting or social services desired a ii. a list of the agencies with names and contact p nd state the name and address of the using agency desiring to ersons, for whom similar work has been done; contract for consulting or social services; where and how the iii. if applicable, the length of time needed for the request for proposal may be obtained and where proposals ar services, broken down by phases, if phasing is necessary; e to be sent; in the event of a proposer's conference, the date, iv. the proposed methodology for accomplishing t time and place it will be held; the date and time not later tha he services with a precise statement of what the state will rec n which proposals must be received; and the date, time, and eive as an end product of the services (this is sometimes refe place that a proposal may be accepted. rred to as the technical section of the proposal); 4. Questions to be received from potential contractors v. for consulting services only, an itemized cost st must be in writing and all responding answers must be provi atement showing various classes of man-hours at appropriate ded by the using agency to all potential contractors participat rate, delineated by phases, if phasing is used, and an itemize ing in the selection process. A proposer's conference may be d listing of all other expenses or fees that are expected to be provided in lieu of the above question-and-answer process. paid by the state and a complete breakdown of consultant ov However, copies of the proceedings shall be made available t erhead rate, if applicable; o all those who are participating in the selection process. vi. for social services only, a detailed budget or ot 5. Written or oral discussions shall be conducted by th her cost breakdown as may be required by the using agency e using agency with all responsible offerers who submit prop and/or the federal government. osals determined in writing to be reasonably susceptible of b 7. The final selection of a contractor shall be made by eing selected for award. Discussions shall not disclose any in the using agency in accordance with the selection criteria est formation derived from proposals submitted by competing of ablished in the RFP. However, no contract may be enforced a ferers. Discussions need not be conducted:

139 Louisiana Register Vol. 40, No. 12 December 20, 2014 gainst the state until approval of the contract has been grante 4 (November 1982), LR 10:459 (June 1984), LR 11:1072 (Novemb d by the Director of the Office of Contractual Review. When er 1985), repromulgated LR 40:2567 (December 2014). a final selection has been made by the using agency, the cont §2547. Contracts for Data Processing Consulting Servic ract file containing that information outlined in Paragraphs es [Formerly LAC 34:V.147] 1-6 above, including the request for proposals, and the propo A. Contracts for data processing consulting services in a sed contract, along with a selection memorandum justifying t n amount equal to or greater than $50,000 shall be subject to he final selection shall be sent to the Office of Contractual R all the statutory and regulatory requirements generally applic eview for final concurrence (R.S. 39:1503.C. The selection able to consulting services contracts equal to or greater than memorandum shall include, but not be limited to: $50,000. a. a list of criteria used along with the weight assign AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ed each criteria; 1490(B). b. scores of each proposal considered in each of the HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR categories listed above along with overall scores of each pro 10:460 (June 1984), amended LR 11:1073 (November 1985), LR 1 posal considered; 3:655 (November 1987), repromulgated LR 40:2568 (December 20 c. a narrative justifying selection. 14). 8. Right to Protest. Any contractor who is aggrieved in Subchapter C. Contracts for Data Processing Consulting connection with the request for proposal or award may prote Services in an Amount Greater than $100, st to the head of the agency issuing the proposal, at which ti 000 me the agency shall notify the Office of Contractual Review §2549. Procurement Support Team that a protest has been lodged. Said protest shall be in writin [Formerly LAC 34:V.149] g and state fully the reason(s) for the protest. A protest of a c A. A procurement support team shall be formed in accor onsulting service solicitation must be filed at least 14 days pr dance with the procedures defined herein for every contract f ior to the date for receipt of proposals. A protest of a social s or the procurement of data processing consulting services in ervice solicitation must be filed at least seven days prior to t an amount greater than $100,000. The formation of a procur he date for receipt of proposals. Protests with respect to an a ement support team shall be accomplished by the Office of C ward shall be submitted within 14 days after the award has b ontractual Review and shall include one or more representati een announced by the agency. ves from each of the following: the Office of Contractual Re 9. Stay of Award during Protest. If a person protests th view, the Attorney General's Office; the using agency initiati e request for proposal, then an award shall not be made until ng the procurement action; and the Legislative Fiscal Office. said protest is resolved. If a person protests an award, then w The procurement support team shall submit a recommendati ork on the contract shall not be commenced until the protest on to the Director of the Office of Contractual Review conce is resolved administratively. rning the final contract. 10. Decision. The head of the agency must notify the pr B. At least two members of each procurement support te otesting party within 10 days after receipt of said protest wh am should have formal training in computer contract negotia ether or not the protest is denied or granted. If granted as to t tions. The Legislative Fiscal Office and the Attorney Genera he proposal the request for proposal may be amended if poss l's Office shall each designate in writing to the Office of Con ible or canceled and reissued. If the protest is granted as to th tractual Review the names of a primary and an alternate tea e award then the contract will be voided and the remaining p m member, and should insure that at least one of these indivi roposals may be re-evaluated for another selection. If anothe duals has received formal training in computer contract nego r selection can not be made or if it appears to be in the best i tiations. It shall thereafter be the responsibility of each name nterest of the state, a new request for proposal shall be issue d agency to keep the Office of Contractual Review advised o d. f any changes in designated individuals. At least four membe 11. Appeal. If an aggrieved party is not satisfied with th rs, one from each office designated, must be present to consti e agency's decision, then that party may appeal said decision tute a quorum. in writing to the Commissioner of Administration. Such appe AUTHORITY NOTE: Promulgated in accordance with R.S. 39 als must be made within 14 days of receipt of the agency's d 1490(B). ecision by the protesting party. The protesting party should f HISTORICAL NOTE: Promulgated by the Office of the Gover ully explain the basis of his appeal. The commissioner then nor, Division of Administration, Office of Contractual Review, LR must render a decision in writing within 10 days of receipt of 10:460 (June 1984), amended LR 11:1073 (November 1985), repro the appeal or the date of the hearing. The commissioner's dec mulgated LR 40:2568 (December 2014). ision is final and an aggrieved party must bring judicial actio §2551. Procurement Support Team Involvement [Form n within six months from receipt of said decision; an agency erly LAC 34:V.157] may proceed with an award after the commissioner so decide A. Procurement support team participation must include, s. as a minimum, review of the request for proposals, review of 12. Delays. The delays provided for in this Part may be using agency evaluation of proposals and award of contract, extended only with the concurrence of the using agency, the and review and/or negotiation of contract terms. Procuremen protesting party and the Commissioner of Administration. ts requiring a procurement support team will involve the acti AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ve participation of all of the members of the procurement su 1490(B). pport team as a unit. There will be at least one joint meeting HISTORICAL NOTE: Promulgated by the Office of the Gover per phase during the process. The procurement support team nor, Division of Administration, Office of Contractual Review, LR will make written evaluations and recommendations as a gro 4:495 (December 1978), amended LR 7:180 (April 1981), LR 8:59 up; these will not supplant written individual agency approv

Louisiana Register Vol. 40, No. 12 December 20, 2014 140 als as required by statute or regulations. The team leader will on of a team leader designated by the Office of Contractual be designated by the Office of Contractual Review. Review. B. All data processing consulting service contracts in an AUTHORITY NOTE: Promulgated in accordance with R.S. 39 amount greater than $100,000 shall be subject to the statutor 1490(B). y and regulatory requirements for consulting service contract HISTORICAL NOTE: Promulgated by the Office of the Gover s in general. The recommendation of a procurement support t nor, Division of Administration, Office of Contractual Review, LR 10:461 (June 1984), amended LR 11:1074 (November 1985), repro eam member is not to be construed as approval by the agenc mulgated LR 40:2569 (December 2014). y which that team member represents, in those cases where f §2557. Procurement Support Team; Procurement Sched ormal agency approval of the final agreements is required. ule [Formerly LAC 34:V.157] C. In situations where formal negotiations with prospecti A. Each using agency contemplating a contract requiring ve contractors, or a successful proposer, is appropriate, such more than $100,000 of data processing consulting services s negotiations will be conducted by a negotiations team appoi hall write the Director of the Office of Contractual Review n nted by the procurement support team leader. One member o otifying him prior to the drafting of the request for proposals f the negotiating team will be designated as lead negotiator. The Office of Contractual Review shall then contact the app The results of such negotiations will, of course, be subject to ropriate agencies and obtain from those agencies the names all statutory required reviews. The lead negotiator and at leas of the individuals designated to participate on the particular t one other member of the negotiating team should have for procurement support team (PST). The Office of Contractual mal training in computer contract negotiations. Review shall then designate a team leader, insure that at leas D. The individual agencies represented on procurement s t two members of the procurement support team have receiv upport teams will have the following primary responsibilities. ed formal training in computer contract negotiations, and for The responsibilities may be enlarged or modified as appropr ward to the team leader the names of the other team member iate to each given situation by the procurement support team s, along with any information received from the using agenc leader with the concurrence of the Office of Contractual Rev y. iew. B. The team leader will establish a schedule for the proc 1. Legislative Fiscal Office. The Legislative Fiscal Off urement activity, define the role and task of each team memb ice shall have primary responsibility for the financial analysi er, and establish a project file. The using agency and all team s of RFP's, and review of funding procedures, and certificati members are responsible for insuring that the team leader rec on of specific appropriation for the purpose prior to the final eives a copy of all correspondence and documentation. contract award. C. At the end of the procurement process one copy of the 2. Attorney General's Office. The Attorney General's documentation related to the procurement will be retained on Office shall have primary responsibility for developing the le file by the Office of Contractual Review. The team leader wi gal terms and conditions of draft contracts, evaluating the le ll make written status reports at the end of each phase to the gal impact of substantive terms and conditions, reviewing to Office of Contractual Review. Such status reports shall be pr insure compliance with statutes and regulations, and legal ne esented to the Office of Contractual Review at each regular gotiations. meeting. 3. Office of Contractual Review. The Office of Contra D. Each member of the procurement support team must r ctual Review shall have primary responsibility for insuring c eview as a minimum the request for proposals, the using age ompliance with RFP procedures and regulations. ncy's proposal evaluation, the award of contract and the final 4. The Using Agency. The using agency shall have pri contract. As a minimum, this review must be indicated by th mary responsibility for the determination of the compliance e signature of each team member. Where team evaluations ar of proposals with the functional requirements, drafting of the e made, each PST team member must sign the evaluation, or requests for proposals, the evaluation of proposals, the awar his designating or qualifying reports. d of the contract and for all management decisions at each p E. In the event that a PST team member indicates accept hase of the procurement process. ance or concurrence with any activity, and that PST team me 5. The Office of Information Resources shall provide t mber's agency subsequently refuses to approve the process p echnical staff to the procurement support team. They shall pr ursuant to its statutorily required review, the reviewing agen ovide advice and support in the area of data processing techn cy and the individual PST team member must submit to the t iques, negotiation techniques, and reviewing the structure an eam leader written reasons for their actions. The PST team le d content of requests for proposals. ader shall file these documents in the final activity file. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1490(B). F. After a procurement process has been completed, PST HISTORICAL NOTE: Promulgated by the Office of the Gover team members and the using agency are encouraged to subm nor, Division of Administration, Office of Contractual Review, LR it written evaluations and comments of the process, and sugg 10:460 (June 1984), amended LR 11:1073 (November 1985), repro estions for future improvements. Such evaluations, comment mulgated LR 40:2569 (December 2014). s, and suggestions shall be sent to the Office of Contractual §2554. Emergency and Sole Source Procurements [For Review. merly LAC 34:V.154] AUTHORITY NOTE: Promulgated in accordance with R.S. 39 A. Notwithstanding the guidelines established in §142, p 1490(B). rocurements of data processing consulting services in an am HISTORICAL NOTE: Promulgated by the Office of the Gover ount greater than $100,000 under emergency or sole source c nor, Division of Administration, Office of Contractual Review, LR 10:461 (June 1984), amended LR 11:1074 (November 1985), repro onditions shall involve a procurement support team designat mulgated LR 40:2569 (December 2014). ed by the Office of Contractual Review and under the directi

141 Louisiana Register Vol. 40, No. 12 December 20, 2014 Subchapter D. Revised Statutes 4. §2587. Revised Statutes Upon completion of this contract, or if terminated earlier, all [Formerly LAC 34:V.187] records, reports, work sheets or any other materials related to this contract shall become the property of the state. A. These regulations shall be read and interpreted jointly 5. with R.S. 39:1481-1526. B. A rule or regulation shall not change any contract com Contractor hereby agrees that the responsibility for payment of taxes from the funds thus received under this agreement and/or mitment, right, or obligation of the state or of a contractor un legislative appropriation shall be said contractor's obligation and der a state contract in existence on the effective date of that r identified under federal tax identification number . ule or regulation [R.S. 39:1491.D]. 6. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 The contractor shall not assign any interest in this contract and shall 1490(B). not transfer any interest in same (whether by assignment or HISTORICAL NOTE: Promulgated by the Office of the Gover novation), without prior written consent of the state, provided nor, Division of Administration, Office of Contractual Review, LR however, that claims for money due or to become due to the 4:497 (December 1978), amended LR 7:183 (April 1981), LR 8:59 contractor from the state may be assigned to a bank, trust company, 6 (November 1982), LR 10:461 (June 1984), LR 11:1074 (Novemb or other financial institution without such prior written consent. er 1985), repromulgated LR 40:2570 (December 2014). Notice of any such assignment or transfer shall be furnished promptly to the state. Subchapter E. Appendices 7. §2589. Appendix A―Sample Contract It is hereby agreed that the legislative auditor of the state of [Formerly LAC 34:V.189] Louisiana and/or the Office of the Governor, Division of Administration auditors shall have the option of auditing all Sample Contract Adaptable for Use by State Agencies. (This accounts of contractor which relate to this contract. sample contract contains the minimum language required in a state 8. contract. Additional items may be added as required by the individual agency's needs and applicable federal requirements.) This contract shall begin on and shall terminate on . STATE OF LOUISIANA THUS DONE AND SIGNED AT Baton Rouge, Louisiana on the PARISH OF ______day, month and year first written above. CONTRACT Be it known, that on this day of , 20 , CONTRACTOR the (Agency Name) (hereinafter sometimes referred to as "state") and (contractor's name and legal STATE AGENCY address including zip code) hereinafter sometimes referred to as "Contractor") do hereby enter into contract under the AUTHORITY NOTE: Promulgated in accordance with R.S. 39 following terms and conditions. 1490(B). 1. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR Contractor hereby agrees to furnish the following services: 7:183 (April 1981), amended LR 8:596 (November 1982), LR 10:4 (If the Scope of Services is more lengthy than will fit here, it may 61 (June 1984), LR 11:1074 (November 1985), LR 15:83 (February be attached separately as an addendum.) 1989), repromulgated LR 40:2570 (December 2014). 2. §2591. Appendix B―Sample Certification In consideration of the services described above, state hereby [Formerly LAC 34:V.191] agrees to pay to contractor a maximum fee of . Payment will be made only on approval of . If progress and/or completion to the reasonable Sample Certification as required by R.S. 39:1497. satisfaction of the agency is obtained, payments are scheduled as Ms. Susan Smith, Director follows: Office of Contractual Review 3. Division of Administration This contract may be terminated by the state upon 30 days written P.O. Box 94095 notice. Baton Rouge, Louisiana 70804-9095 (Other conditions for termination may be stated here also.) Dear Ms. Smith: In reference to the attached contract we do certify the following: 1. Either no employee of our agency is both competent and available to perform the services called for by the proposed contract or the services called for are not the type readily susceptible of being performed by persons who are employed by the state on a continuing basis. 2. The services are not available as a product of a prior or existing professional, personal consulting or social service contract. 3. When applicable, the requirements for consulting or social service contracts, as provided for under R.S. 39:1503-1507, have been complied with.

Louisiana Register Vol. 40, No. 12 December 20, 2014 142 4. The Department of has 11. Budget Form BA-22 P.S. fully completed and developed and fully intends to implement a written plan attached to the contract. providing for: 2. Determination of Responsibility of Contractor: a. The assignment of specific agency personnel to a monitoring and liaison function. Yes No b. The periodic review of interim reports or 1. Has adequate financial resources for performance, other indicia of performance to date; and or has the ability to obtain such resources as required during performance. c. The ultimate use of the final product of the service. 2. Has the necessary experience, organization, technical qualifications, skills, and facilities, or Sincerely, has the ability to obtain them (including probable subcontractor arrangements). AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1490(B). 3. Is able to comply with the proposed or required HISTORICAL NOTE: Promulgated by the Office of the Gover time of delivery or performance schedule. nor, Division of Administration, Office of Contractual Review, LR 7:184 (April 1981), amended LR 8:596 (November 1982), LR 10:4 4. Has a satisfactory record of integrity, judgment 62 (June 1984), LR 11:1075 (November 1985), LR 15:84 (February and performance (contractors who are seriously 1989), repromulgated LR 40:2570 (December 2014). delinquent in current contract performance, considering the number of contracts and the §2592. Appendix C―Suggested Checklist for Review of extent of delinquencies of each, shall, in the Personal, Professional, Consulting and Social Se absence of evidence to the contrary or compelling rvices Contracts [Formerly LAC 34:V.193] circumstances, be presumed to be unable to fulfill this requirement). 1. Minimum Contract Content: 5. Is otherwise qualified eligible to receive an award Yes No under applicable laws and regulations. 1. Contains a date upon which the contract is to 6. If a contract for consulting services is for $50,000 begin and upon which the contract will terminate. or more, or for social services for $150,000 or 2. Contains a description of the work to be more, the head of the submitting agency has performed and objectives to be met. prepared, signed and placed in the contract file a statement of the facts on which a determination of 3. Contains an amount and time of payments to responsibility was based. be made. 7. On subcontracting, it has been established that 4. Contains a description of reports or other contractor's recent performance history indicates deliverables to be received, when applicable. acceptable subcontracting systems; or, major subcontractors have been determined by the head 5. Contains a date of reports or other deliverables to of the submitting agency to satisfy standard. be received, when applicable. 3. Contract Let via a request for proposals Process: 6. When a contract includes travel and/or other reimbursable expenses, it contains language to Contract file attached and this includes: effect the following: _____ Criteria for Selection a. travel and other reimbursable expenses constitute part of the total maximum payable _____ Proposals under the contract; or _____ Pertinent Documents b. no more than (a certain sum) of the total _____ Selection Memorandum maximum amount payable under this contract shall be paid or received as _____ Request for Proposals reimbursement for travel or other _____ Contract reimbursable expenses; and AUTHORITY NOTE: Promulgated in accordance with R.S. 39 c. travel expenses shall be reimbursed in 1490(B). accordance with Division of Administration HISTORICAL NOTE: Promulgated by the Office of the Gover Policy and Procedure Memorandum 49 (the nor, Division of Administration, Office of Contractual Review, LR state general travel regulation). 7:184 (April 1981), amended LR 8:596 (November 1982), LR 10:4 7. Contains the responsibility for payment of 62 (June 1984) LR 11:1075 (November 1985), LR 13:655 (Novem taxes, when applicable. ber 1987), repromulgated LR 40:2571 (December 2014). §2593. Appendix D―Agency Transmittal Letter [Form 8. Contains the circumstances under which the erly LAC 34:V.195] contract can be terminated either with or without cause and contains the remedies for default. Ms. Susan Smith, Director 9. Contains a statement giving the legislative Office of Contractual Review auditor the authority to audit records of the Division of Administration individual(s) or firm(s). P.O. Box 94095 Baton Rouge. Louisiana 70804-9095 10. Contains an assignability clause.

143 Louisiana Register Vol. 40, No. 12 December 20, 2014 Ms. Smith: (List weak points, strong points. Would you hire this contractor again?) The following contract(s) is/are being submitted to your office this date for review and approval in Signature of Program Official accordance with R.S. 39:1481 et seq., and the rules and regulations adopted pursuant thereto: Approved by: Submitting Agency Contractor Amount AUTHORITY NOTE: Promulgated in accordance with R.S. 39 1490(B). Upon approval of said contract(s) please return to: HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR (List Return Address) 10:463 (June 1984), amended LR 11:1076 (November 1985), repro Your cooperation in this regard is greatly appreciated. mulgated LR 40:2572 (December 2014). §2596. Appendix G―Sample Auditor's Opinion for Co AUTHORITY NOTE: Promulgated in accordance with R.S. 39 ntract Compliance Audits 1490(8). HISTORICAL NOTE: Promulgated by the Office of the Gover [Formerly LAC 34:V.201] nor, Division of Administration, Office of Contractual Review, LR 7:185 (April 1981), amended LR 8:597 (November 1982), LR 10:4 We have audited the financial statements of the 63 (June 1984), LR 11:1076 (November 1985), LR 15:84 (February Provider's Name , for the year ended June 30, 19XX, 1989), repromulgated LR 40:2571 (December 2014). and have issued our report thereon dated September 21, §2594. Appendix E―Quarterly Report on Small Purch 19XX. Our examination was made in accordance with generally accepted auditing standards and the ase Contracts Government Auditing Standards ("Yellow Book") [Formerly LAC 34:V.197] issued by the U.S. General Accounting Office, and, accordingly, included such tests of the accounting Ms. Susan Smith, Director records and such other auditing procedures as we Office of Contractual Review considered necessary in the circumstances. Division of Administration P.O. Box 94095 The management of the Provider's Name , is Baton Rouge, Louisiana 70804-9095 responsible for the Provider's compliance with laws and regulations. In connection with the audit referred to Ms. Smith: above, we selected and tested transactions and records During the quarter ending the following from the state contract, number . contracts for $10,000 or less were approved by the The purpose of our testing of transactions and Department of . records from that contract was to obtain reasonable assurance that the Provider's Name had, in all Contract material respects, administered the contract in Contract Date Contractor Purpose or Service Rendered Amount compliance with laws and regulations, noncompliance with which we believe could have a material effect on TOTAL______the allowability of contract expenditures. AUTHORITY NOTE: Promulgated in accordance with R.S. 39 Our testing of transactions and records disclosed 1490(B). instances of noncompliance with those laws and HISTORICAL NOTE: Promulgated by the Office of the Gover regulations. All instances of noncompliance that we nor, Division of Administration, Office of Contractual Review, LR found are identified in the accompanying schedule of 8:597 (November 1982), amended LR 10:463 (June 1984), LR 11:1 findings and questioned costs. 076 (November 1985), LR 15:84 (February 1989), LR 17:266 (Mar ch 1991), repromulgated LR 41:2572 (December 2014). In our opinion, except for those instances of §2595. Appendix F―Performance Evaluation [Formerl noncompliance referred to in the preceding paragraph, for the year ended June 30, 20XX, the Provider's y LAC 34:V.199] Name , administered the state contract number in compliance, in all material respects, with laws and (Example Only) regulations, noncompliance with which we believe Agency Name could have a material effect on the allowability of contract expenditures. Office Name AUTHORITY NOTE: Promulgated in accordance with R.S. 39 Agency Contract No. 1490(B). DOA Contract No. HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Division of Administration, Office of Contractual Review, LR Contractor 15:84 (February 1989), LR 41:2572 (December 2014), repromulgat ed LR 40:2572 (December 2014). Beginning and Ending Dates for Contract to Chapter 25. Intergovernmental Regulations Description of Services: §2701. Scope Deliverable Products: [Formerly LAC 34:I.2501] A. This Part applies to cooperative purchasing and other (What were final products, if any? Were they delivered on time? cooperative activities authorized by R.S. 39:1702. Were they usable?...) AUTHORITY NOTE: Promulgated in accordance with R.S. 39 Overall Performance: 1581.

Louisiana Register Vol. 40, No. 12 December 20, 2014 144 HISTORICAL NOTE: Promulgated by the Office of the Gover procurement unit to consider the default or to discontinu nor, Division of Administration, Office of State Purchasing, LR 8:3 e procuring under the contract. 41 (July 1982), amended LR 21:566 (June 1995), repromulgated L AUTHORITY NOTE: Promulgated in accordance with R.S. 39 R 40:1364 (July 2014), LR 40:2572 (December 2014). 1581. §2703. Cooperative Purchasing Shall Not Adversely Aff HISTORICAL NOTE: Promulgated by the Office of the Gover ect Employees nor, Division of Administration, Office of State Purchasing, LR 8:3 [Formerly LAC 34:I.2503] 41 (July 1982), amended LR 21:566 (June 1995), repromulgated L A. No employee of any public procurement unit participa R 40:1364 (July 2014), LR 40:2573 (December 2014). ting in any cooperative purchasing activity authorized by par §2706. LaMAS (Louisiana Multiple Award Schedule) St t VII (Intergovernmental Relations) of the Louisiana Procure ate Contracts Based on GSA Prices ment Code shall suffer any loss of salary, seniority, tenure, o [Formerly LAC 34:I.2506] r pension rights, or be adversely affected as a result of any su A. The State Central Purchasing Agency of the Division ch activity. of Administration may establish state contracts based on GS AUTHORITY NOTE: Promulgated in accordance with R.S. 39 A (general service administration) pricing when it has been d 1581. etermined in writing by the director of state purchasing that HISTORICAL NOTE: Promulgated by the Office of the Gover certain conditions are met, which shall become part of the pr nor, Division of Administration, Office of State Purchasing, LR 8:3 ocurement file. 41 (July 1982), amended LR 21:566 (June 1995), repromulgated L B. Materials, supplies, or equipment shall not be purchas R 40:1364 (July 2014), LR 40:2573 (December 2014). ed on a state contract based on GSA pricing at a price higher §2705. Cooperative Purchasing Agreement in Form of than the price of the same item listed on any available state p Open-Ended State Contract urchasing contract. [Formerly LAC 34:I.2505] C. Establishment of a state contract based on GSA pricin A. Cooperative purchasing may include, but is not limite g will only be considered when there is a valid business case. d to, joint or multi-party contracts between public procureme D. State agencies shall not procure materials, supplies or nt units and open-ended state public procurement unit contra equipment directly under a GSA contract. The State Central cts which are made available to local public procurement uni Purchasing Agency of the Division of Administration will: ts. 1. be responsible for analyzing and determining the fe B. Any agreement between the state and a local public pr asibility of establishing a LaMAS state contract based on GS ocurement unit entered into pursuant to R.S. 39:1702 which A prices; and provides that certain open-ended state procurement contracts 2. issue procedures for establishment and utilization o shall be available to the local public procurement unit, shall f this type of contract. also provide that: E. No use shall be made of a LaMAS contract without th 1. the state shall conduct the procurement in complian e participation of a Louisiana licensed dealer or distributor. ce with the Louisiana Procurement Code; Louisiana licensed dealers or distributors must meet the requ 2. when the local public procurement unit agrees to pr irement of a resident business defined in R.S. 39:1591(6). Lo ocure any supply or service under the state contract, its requi uisiana licensed dealers or distributors shall agree to: rements for such supply or service shall be obtained by placi 1. Louisiana terms and conditions; and ng purchase orders against the appropriate state contract in a 2. provide written consent from the GSA contractor to ccordance with the terms and conditions of such contract; extend current GSA pricing to the state of Louisiana. 3. payment for supplies or services ordered by the loc AUTHORITY NOTE: Promulgated in accordance with R.S. 39 al public procurement unit under state contracts shall be the 1581 and R.S. 39:1702(A)(2). exclusive obligation of said local public procurement unit; HISTORICAL NOTE: Promulgated by the Office of the Gover 4. inspection and acceptance of supplies or services or nor, Division of Administration, Office of State Purchasing, LR 29: dered by the local public procurement unit under state contra 2381 (November 2003), repromulgated LR 40:1365 (July 2014), L cts shall be the exclusive obligation of said local public proc R 40:2573 (December 2014). urement unit; §2707. Supply of Personnel, Information, and Services 5. the state may terminate the agreement for failure of [Formerly LAC 34:I.2507] the local public procurement unit to comply with the terms o A. Requests made to a public procurement unit by anothe f the contract or pay a contractor to whom the state has awar r public procurement unit or external procurement activity to ded an open-ended contract; provide or make available personnel, services, information, 6. the exercise of any warranty rights attaching to sup or technical services pursuant to R.S. 39:1706, shall be comp plies or services received by the local public procurement un lied with only to the extent that the chief procurement officer it under state contracts shall be the exclusive obligation of sa determines that it is practical and feasible to do so in terms o id local public procurement unit; and f personnel, time, and other resources. 7. failure of a local public procurement unit which is p AUTHORITY NOTE: Promulgated in accordance with R.S. 39 rocuring supplies or services under a state contract to secure 1581. HISTORICAL NOTE: Promulgated by the Office of the Gover performance from the contractor in accordance with the term nor, Division of Administration, Office of State Purchasing, s and conditions of its purchase order will not necessarily re quire the state or any other local public

145 Louisiana Register Vol. 40, No. 12 December 20, 2014 LR 8:341 (July 1982), amended LR 21:566 (June 1995), reprom m. provide the organization's most recent audited fin ulgated LR 40:1365 (July 2014), LR 40:2573 (December 2014). ancial statements conducted by a CPA within the last 12 mon ths at the time of the application; Jan B. Cassidy n. indicate the regions served in Louisiana; Assistant Commissioner 4. - 6. … 1412#049 AUTHORITY NOTE: Promulgated in accordance with R.S. 42 456(A)(3). RULE HISTORICAL NOTE: Promulgated by the Office of the Gover Office of the Governor nor, Division of Administration, Office of State Uniform Payroll, L R 39:3274 (December 2013), amended LR 40:2574 (December 201 Division of Administration 4). Office of State Uniform Payroll Ruth Johnson Charitable Organization Requirements and Responsibilities Deputy Commissioner (LAC 4:III.1111) 1412#064

In accordance with R.S. 42:456, notwithstanding any othe RULE r provision of law to the contrary, the Office of the Governor, Office of the Governor Division of Administration, Office of State Uniform Payroll Licensing Board for Contractors hereby adopts amendments to the rule regarding payroll ded uctions for the state’s combined charitable campaign deducti Contractors (LAC 46:XXIX.Chapters 1-15) ons. The purpose of the amendment is to clarify the requirem ents of charitable organizations submitting an application for inclusion in the state’s combined charitable campaign. In accordance with the provisions of R.S. 49:950 et seq., Title 4 which is the Administrative Procedure Act, and through the a ADMINISTRATION uthority granted in R.S. 37:2150-2192, which is the contract Part III. Payroll or licensing law, the Licensing Board for Contractors (LSLB Chapter 11. State Combined Charitable Campaign (S C) hereby amends and adopts its rules and regulations regard CCC) Deductions ing contracting matters under the jurisdiction of the LSLBC. Title 46 §1111. Charitable Organization Requirements and Res PROFESSIONAL AND OCCUPATIONAL STANDARD ponsibilities S A. - A.3.c. … Part XXIX. Contractors d. provide an affidavit stating that there is no outsta Chapter 1. General Provisions nding debt owed to a state agency; §113. Maintenance of Skills e. certify that your organization is in compliance wi A. … th the Louisiana Legislative Auditors (LLA) Office and is no B. A residential building contractor shall be required to c t on the LLA non-compliance list; omplete a minimum of six hours of continuing education ann f. certify that all amounts collected through the SC ually by a board approved provider. Proof of compliance wit CC beginning with the fall campaign in 2015 will be used in h this requirement shall be filed with the board annually in th the community and will not be used for fundraising and adm e format required by the board, as a condition for the mainte inistrative costs (FRA); nance and/or renewal of the license. A contractor who holds g. ensure that an equivalent amount collected as con a valid, current commercial license in the major classificatio tributions will be spent to provide services and benefits prim ns of: building construction; highway, street and bridge const arily to the citizens of Louisiana unless an exception is grant ruction; heavy construction; or municipal and public works c ed per §1109.D of this Rule, and certify the dollar value of h onstruction, shall be deemed to have fulfilled this requireme ealth and human services provided in the state of Louisiana nt. during the previous calendar year(s); AUTHORITY NOTE: Promulgated in accordance with R.S. 37 h. certify a substantial local presence within the stat 2150-2192. e of Louisiana; HISTORICAL NOTE: Adopted by the Department of Commer i. demonstrate that fundraising and administrative e ce, Licensing Board for Contractors, November 1974, amended LR xpenses represent no more than 25 percent of total support a 8:137 (March 1982), amended by the Office of the Governor, Licen nd revenue according to the submitted copy of its most recen sing Board for Contractors, LR 38:150 (January 2012), LR 40:2574 t IRS 990 form or a pro forma IRS 990 for organizations not (December 2014). required to file an IRS 990; §119. Notice j. be registered and in good standing with the Louis Repealed. iana secretary of state and submit proof of that registration o AUTHORITY NOTE: Promulgated in accordance with R.S. 37 r possess a congressional charter and provide documentation 2150-2164. of such; HISTORICAL NOTE: Adopted by the Department of Commer ce, Licensing Board for Contractors, November 1974, amended and k. be governed by a board of directors which meets promulgated LR 8:137 (March 1982), amended the regularly and whose members serve without compensation; l. provide the organization's most recent annual bud get, which must consist of a 12-month period;

Louisiana Register Vol. 40, No. 12 December 20, 2014 146 Department of Economic Development, Licensing Board for Co echanical work (statewide) shall be deemed to have met this ntractors, LR 19:1126 (September 1993), repealed by the Office of examination requirement. the Governor, Licensing Board for Contractors, LR 40:2574 (Dece b. An applicant who holds a current solar pv installe mber 2014). r certification for solar electric systems or a current solar hea Chapter 3. License ting installer certification for solar thermal hot water systems §307. Ownership of License issued by the North American Board of Certified Energy Pra A. … ctitioners shall be deemed to have met both this examination B. A domestic business entity licensed or registered by th requirement and the training requirement in §1115.A.2. e board as a limited liability company, business corporation, B. Any work performed to connect wiring or hookups fo partnership in commendam, or partnership, that converts und r any photovoltaic panel or system wherein the panel or syst er the provision of R.S. 12:1601 et seq., or is a surviving enti em is of a value, including labor, materials, rentals, and all di ty following a merger pursuant to 26 U.S.C. 368(a)(1)(f) wh rect and indirect project expenses of $10,000 or more shall b ere ownership of the entity does not change, shall be recogni e performed only by a contractor or subcontractor who holds zed by the board without having to file a new application for the classification of electrical work or who may perform elec a license or registration. However, prior to updating a license trical work under the provisions of R.S. 37:2156.2(IX)(B). or registration of the converted entity or surviving entity, the C. Any work performed to connect piping or equipment f converted entity or surviving entity must furnish the followi or any solar thermal system wherein the system is of a value, ng information to the board: including labor, materials, rentals, and all direct and indirect 1. a copy of the conversion application or act of merge project expenses of $10,000 or more shall be performed only r filed with the Secretary of State; by a contractor or subcontractor who holds the classification 2. a copy of the certificate of conversion or certificate of mechanical work or who may perform mechanical work u of merger issued by the Secretary of State; nder the provisions of R.S. 37:2156.2(IX)(B). 3. the current license or registration issued by the boar D. Entities engaging in the business of selling or leasing d; solar energy equipment wherein such entities enter into agre 4. a copy of the revised certificate(s) of insurance in th ements for installing, servicing, or monitoring solar energy e e new name of the converted entity or surviving entity for an quipment, including entities engaged in the business of arran y coverage required for the issuance of the updated license o ging agreements for the lease or sale of solar energy systems r registration; or acquiring customers for financing entities, must possess a 5. any revised contract or other agreement required for state contractor’s license with the classification of solar ener the issuance of the license or registration in the name of the gy equipment. converted entity or surviving entity. AUTHORITY NOTE: Promulgated in accordance with R.S. 37 C. An updated license or registration issued pursuant to 2156.3. Subsection B of this Section shall have an effective date retr HISTORICAL NOTE: Promulgated by the Office of the Gover oactive to the effective date of the conversion as stated on th nor, Licensing Board for Contractors, LR 40:2575 (December 201 e certificate of conversion, or the merger as stated on the cert 4). ificate of merger. §321. Licensure for Individuals with Military Training AUTHORITY NOTE: Promulgated in accordance with R.S. 37 and Experience, and Military Spouses 2153 and R.S. 12:1308. A. The board shall issue a license or registration to a mili HISTORICAL NOTE: Adopted by the Department of Commer tary-trained applicant to allow the applicant to lawfully act a ce, Licensing Board for Contractors, November 1974, amended LR s a contractor, residential building contractor, home improve 8:136 (March 1982), amended by the Office of the Governor, Licen ment contractor, mechanical contractor, electrical contractor sing Board for Contractors, LR 38:150 (January 2012), LR 40:2575 (December 2014). in this state if, upon application to the board, the applicant sa §319. Solar Energy Equipment tisfies all of the following conditions: A. Contractors applying for the classification of solar ene 1. has completed a military program of training, been rgy equipment, must, in addition to all other application or li awarded a military occupational specialty, and performed in censing requirements, meet the following requirements prior that specialty, and performed in that specialty at a level that i to issuance of this classification: s substantially equivalent to or exceeds the requirements for 1. hold one or more of the following major classificati licensure or registration as a contractor, residential building ons: contractor, home improvement contractor, mechanical contra a. building construction; ctor, or electrical contractor in this state; b. electrical work; 2. has engaged in the active practice of contracting in t c. mechanical work; he classification or subclassification for which a license or re d. residential building contractor; gistration is sought; 2. complete training in the design of solar energy equi 3. has not been disciplined in any jurisdiction for an a pment by an entity and course approved by the board; ct that would have constituted grounds for refusal, suspensio 3. pass a written examination approved by the Licensi n, or revocation of a contractor’s license or registration in thi ng Board for Contractors on the installation and maintenance s state at the time the act was committed. of solar energy equipment. B. The board shall issue a license or registration to a mili a. Any contractor licensed by the state Licensing B tary trained applicant, if, upon application to the board, oard as of August 1, 2014, holding the major classification o f building construction, electrical work (statewide) and/or m

147 Louisiana Register Vol. 40, No. 12 December 20, 2014 the applicant holds a current license, certification, or regist §509. Exemption Examination ration from another jurisdiction and that jurisdiction’s requir A. … ements for licensure, certification, or registration are substan B. A qualifying party may be exempt from taking anothe tially equivalent to or exceed the requirements for licensure r examination for the same classification for which he has pr or registration in this state. eviously taken and passed. C. The board shall issue a license or registration to a mili C. - E. … tary spouse to allow the military spouse to act as a contractor AUTHORITY NOTE: Promulgated in accordance with R.S. 37 in this state if, upon application to the board, the military spo 2150-2192. use satisfies all of the following conditions: HISTORICAL NOTE; Adopted by the Department of Commer 1. holds a current license, certification, or registration ce, Licensing Board for Contractors, November 1974, amended LR 8:136 (March 1982), amended by the Department of Economic Dev from another jurisdiction, and that jurisdiction’s requirement elopment, Licensing Board for Contractors, LR 16:602 (July 1990), s for licensure, certification or registration are substantially e LR 19:1127 (September 1993), amended by the Office of the Gover quivalent to or exceed the requirements for licensure or regis nor, Licensing Board for Contractors, LR 38:153 (January 2012), L tration in this state; R 40:2576 (December 2014). 2. can demonstrate compentency to act as a contractor §515. Examination Scheduling through methods determined by the board such as, but not li A. A qualifying party candidate who has been approved t mited to, having completed continuing education units or ha o take an examination shall be given a means to register and ving had recent experience in the classification or subclassifi schedule the examination. cation for which a license or registration is being sought; B. A candidate who fails to appear on the scheduled exa 3. has not been disciplined in any jurisdiction for an a mination date and time shall forfeit his or her examination fe ct that would have constituted grounds for refusal, suspensio e and be required to submit a new examination fee before a n n, or revocation of a license or registration to act as a contact ew examination date will be scheduled. or in this state at the time the act was committed; C. A candidate who fails an examination may schedule a 4. is in good standing and has not been disciplined by n additional attempt 30 days or more after the date on which the agency that issued the license, certification, or permit. he or she failed an examination. D. The board shall issue a temporary practice permit to a AUTHORITY NOTE: Promulgated in accordance with R.S. 37 military-trained applicant or military spouse licensed, certifi 2150-2192. ed, or registered in another jurisdiction while the military-tra HISTORICAL NOTE: Adopted by the Department of Economi ined applicant or military spouse is satisfying the requiremen c Development, State Licensing Board for Contractors, LR 21:1214 ts for licensure or registration, if that jurisdiction has licensu (November 1995), amended by the Office of the Governor, Licensi ng Board for Contractors, LR 38:153 (January 2012), LR 40:2576 re, certification, or registration standards substantially equiv (December 2014). alent to the standards for licensure or registration in this state §517. Examination Administration Procedures The military-trained applicant or military spouse may practi A. Administrative check-in procedures begin one-half ho ce under the temporary permit until a license or registration i ur before the examinations begin. Candidates must report to s granted, or until a notice to deny a license or registration is the testing center for processing at least 15 minutes prior to t issued in accordance with §701. he examination’s starting time. Any candidate reporting after E. The provisions of this Section shall not apply to any a the 15-minute reporting time may not be allowed admittance pplicant receiving a dishonorable discharge or a military spo to the examination room. Every candidate must present acce use whose spouse received a dishonorable discharge. ptable government-issued photographic identification to be a AUTHORITY NOTE: Promulgated in accordance with R.S. 37 2156.3. dmitted to the examination room. HISTORICAL NOTE: Promulgated by the Office of the Gover B. Personal items (e.g., telephones, pagers, calculators, p nor, Licensing Board for Contractors, LR 40:2575 (December 201 urses, briefcases, etc.) shall not be allowed in the testing roo 4). m. A candidate shall not have access to these items during ex Chapter 5. Examination amination administration. §507. Applicants C. - E. … A. … AUTHORITY NOTE: Promulgated in accordance with R.S. 37 B. The qualifying party shall submit his application, with 2150-2192. all supporting documentation for approval. The qualifying pa HISTORICAL NOTE: Adopted by the Department of Economi c Development, Licensing Board for Contractors, LR 21:1214 (Nov rty shall list all prior affiliations with a licensed contractor(s) ember 1995), amended by the Office of the Governor, Licensing Bo and shall disclose whether or not any sanctions have been le ard for Contractors, LR 38:153 (January 2012), LR 40:2576 (Dece vied against such contractor(s). The qualifying party shall als mber 2014). o state his and/or the contractor’s involvement in such sancti §519. Test Item Challenges ons. A. A candidate who believes that an individual test item AUTHORITY NOTE: Promulgated in accordance with R.S. 37 may not have a correct answer or may have more than one c 2150-2192. orrect answer shall be afforded an opportunity to challenge t HISTORICAL NOTE: Adopted by the Department of Commer ce, Licensing Board for Contractors, November 1974, amended LR he test item. The candidate shall record his or her comments 8:136 (March 1982), amended by the Department of Economic Dev in writing on a form supplied by the test monitor at the candi elopment, Licensing Board for Contractors, LR 16:602 (July 1990), date’s request during the examination. Comments will LR 19:1127 (September 1993), amended by the Office of the Gover nor, Licensing Board for Contractors, LR 38:152 (January 2012), L R 40:2576 (December 2014).

Louisiana Register Vol. 40, No. 12 December 20, 2014 148 not be accepted at any other time. Comments should provi §1509. Penalties de a detailed explanation as to why the candidate feels the ite A. … m is incorrect. General comments (e.g., “This item is wron B. In accordance with the provisions of R.S. 37:2162, th g.”) will not be investigated. e subcommittee shall have the authority to issue a fine not to B. - C. … exceed ten percent of the total contract being performed for AUTHORITY NOTE: Promulgated in accordance with R.S. 37 each violation, for the causes listed in R.S. 37:2158, subject t 2150-2192. o final approval by the state Contractors Licensing Board. HISTORICAL NOTE: Adopted by the Department of Economi C. … c Development, Licensing Board for Contractors, LR 21:1214 (Nov AUTHORITY NOTE: Promulgated in accordance with R.S. 37 ember 1995), amended by the Office of the Governor, Licensing Bo 2150-2192. ard for Contractors, LR 38:153 (January 2012), LR 40:2576 (Dece HISTORICAL NOTE: Adopted by the Department of Economi mber 2014). c Development, Licensing Board for Contractors, LR 22:95 (Febru Chapter 11. Bidding ary 1996), amended by the Office of the Governor, Licensing Boar §1103. Proper Classification d for Contractors, LR 38:156 (January 2012), LR 40:2577 (Decemb A. … er 2014). B. The refusal by any licensed contractor, residential buil §1511. Home Improvement Registration ding contractor, home improvement contractor, subcontracto A. Home improvement contractors are required to registe r, mechanical contractor, or electrical contractor to honor a b r with the board in order to perform services in an amount of id price may be grounds for a finding of a violation of the co $7,500 or more, not to exceed $75,000. Contractors who hol ntractors licensing law. d valid commercial or residential licenses with the board are C. When two or more contractors bid as a joint venture o exempt from this registration requirement. Home improveme n any project in the amount for which a license is required w nt contractors are required to submit certificates evidencing ith R.S. 37:2150 et seq., all parties are required to be license workers’ compensation coverage in compliance with title 23 d at the time the bid is submitted. Each party to the joint vent of the Louisiana Revised Statutes of 1950, proof of general li ure may only perform within the applicable classifications of ability insurance in a minimum amount of $100,000. the work of which it is properly classified to perform. AUTHORITY NOTE: Promulgated in accordance with R.S. 37 AUTHORITY NOTE: Promulgated in accordance with R.S. 37 2150-2192. 2153. HISTORICAL NOTE: Promulgated by the Office of the Gover HISTORICAL NOTE: Adopted by the Department of Commer nor, Licensing Board for Contractors, LR 38:813 (March 2012), am ce, Licensing Board for Contractors, LR 8:138 (March 1982), amen ended LR 40:2577 (December 2014). ded by the Office of the Governor, Licensing Board for Contractors LR 38:155 (January 2012), LR 40:2577 (December 2014). Michael McDuff §1107. Federal Projects Executive Director Repealed. 1412#066 AUTHORITY NOTE: Promulgated in accordance with R.S. 37 2150-2164. RULE HISTORICAL NOTE: Adopted by the Department of Commer ce, Licensing Board for Contractors, November 1974, amended and Department of Health and Hospitals promulgated LR 8:136 (March 1982), amended LR 12:761 (Novem Board of Practical Nurse Examiners ber 1986), amended by the Department of Economic Development, Licensing Board for Contractors, LR 19:1128 (September 1993), re Regular Admissions; Advanced Standing; Licensure; Fees pealed by the Office of the Governor, Licensing Board for Contract (LAC 46:XLVII.937, 939 and 1715) ors, LR 40:2577 (December 2014). Chapter 15. Residential The Board of Practical Nurse Examiners hereby amends L §1505. Exceptions AC 46:XLVII.937, 939, and 1715 in accordance with the pro A. An applicant for a residential building contractor’s lic visions of the Administrative Procedure Act, R.S. 950 et seq. ense who can show written proof that it possessed a contract and the Practical Nursing Practice Act, R.S. 37:961-979. or’s license for building construction as required by R.S. 37: Title 46 2167D(1) prior to February 1, 1996 shall not be required to t PROFESSIONAL AND OCCUPATIONAL STANDARD ake the examinations required by the State Licensing Board f S or Contractors, but shall meet all other requirements for such Part XLVII. Nurses: Practical Nurses and Registered license. Nurses B. - C. Repealed Subpart 1. Practical Nurses AUTHORITY NOTE: Promulgated in accordance with R.S. 37 Chapter 9. Program Projection 2150-2192. Subchapter F. Admissions HISTORICAL NOTE: Adopted by the Department of Economi c Development, Licensing Board for Contractors, LR 22:94 (Febru §937. Regular Admissions ary 1996), amended by the Office of the Governor, Licensing Boar A. … d for Contractors, LR 38:156 (January 2012), LR 40:2577 (Decemb 1. receive a grade placement of at least 12.0 in mathe er 2014). matics, reading and language on an achievement test approv ed by the board;

149 Louisiana Register Vol. 40, No. 12 December 20, 2014 2. - 8. … Title 46 AUTHORITY NOTE: Promulgated in accordance with R.S. 37 PROFESSIONAL AND OCCUPATIONAL STANDARD 969 and 37:976 S HISTORICAL NOTE: Promulgated by the Department of Heal Part LI. Optometrists th and Human Resources, Board of Practical Nurse Examiners, LR Chapter 1. General Provisions 3:197 (April 1977), amended LR 5:65 (March 1979), LR 6:339 (Ap ril 1984), amended by the Department of Health and Hospitals, Boa §107. Organization of the Board rd of Practical Nurse Examiners, LR 18:1128 (October 1992), repro A. … mulgated LR 18:1261 (November 1992), amended LR 21:684 (July B. Definitions 1995), LR 40:2577 (December 2014). 1. As used in this Part, the following terms have the m §939. Advanced Standing eaning ascribed to them in this Section, unless the context cl A. - C. … early indicates otherwise. D. At the discretion of the nursing faculty and based upo 2. Masculine terms shall include the feminine and, wh n individual evaluation, a student who has withdrawn and/or en the context requires, shall include partnership and/or prof dropped from an approved or accredited practical nursing pr essional corporations. ogram within the previous three years may be granted advan 3. Where the context requires, singular shall include t ced credit for units previously completed. he plural or plural shall include the singular. E. … Act—the Optometry Practice Act, R.S. 37:1041 et seq. AUTHORITY NOTE: Promulgated in accordance with R.S. 37 Board—the Louisiana State Board of Optometry Exa 969 and 37:976. miners. HISTORICAL NOTE: Promulgated by the Department of Heal Diagnostic and Therapeutic Pharmaceutical Agent— th and Human Resources, Board of Practical Nurse Examiners, LR any prescription or nonprescription drug delivered by any ro 3:197 (April 1977), amended LR 5:65 (March 1979), LR 10:339 (A ute of administration, used or prescribed for the diagnosis, pr pril 1984), amended by the Department of Health and Hospitals, Bo ard of Practical Nurse Examiners, LR 18:1128 (October 1992), repr evention, treatment, or mitigation of abnormal conditions an omulgated LR 18:1261 (November 1992), amended LR 26:2617 (N d pathology of the human eye and its adnexa, or those which ovember 2000), LR 40:2578 (December 2014). may be used for such purposes, and certain approved narcoti Chapter 17. Licensure cs, only when used in treatment of disorders or diseases of th §1715. Approved Fees e eye and its adnexa. Licensed pharmacists of this state shall A. - A.1. … fill prescriptions for such pharmaceutical agents of licensed 2. license by endorsement—$60; optometrists certified by the board to use such pharmaceutic 3. … al agents. 4. renewal of license—$60; i. Any diagnostic and therapeutic pharmaceutica 5. reinstatement of license which has been suspended, l agent as defined above listed in schedules III, IV and V of t or which has lapsed by nonrenewal—$150; he uniform controlled dangerous substances law shall be lim A.6. - B. … ited to use or to be prescribed by a licensed optometrist for a AUTHORITY NOTE: Promulgated in accordance with R.S. 37 maximum of 48 hours when used in treatment or disorders o 969 and 37:977 as amended Act 272, 1982 and Act 54, 1991. r diseases of the eye and its adnexa. HISTORICAL NOTE: Promulgated by the Department of Heal ii. Diagnostic and therapeutic pharmaceutical ag th and Human Resources, Board of Practical Nurse Examiners, LR ent shall not include any drug or other substances listed in sc 3:200 (April 1977), amended LR 10:342 (April 1984), amended by hedules I and II of the uniform controlled dangerous substan the Department of Health and Hospitals, Board of Practical Nurse E ces law provided in R.S. 40:963 and 964 which shall be proh xaminers LR 18:1130 (October 1992), repromulgated LR 18:1263 (November 1992), amended LR 26:2618 (November 2000), LR 34: ibited from use by a licensed optometrist. 874 (May 2008), LR 40:2578 (December 2014). iii. A licensed optometrist may prescribe one addit ional 48-hour prescription only if warranted by a follow-up e M. Lynn Ansardi, RN xam. Executive Director Licensed Optometrist—a person licensed and holding 1412#030 a certificate issued under the provisions of the Act. Optometry—that practice in which a person employs RULE primary eye care procedures including ophthalmic surgery s uch as YAG laser capsulotomy, laser peripheral iridotomy, a Department of Health and Hospitals nd laser trabeculoplasty, except for those surgery procedures Board of Optometry Examiners specifically excluded in subsection D of section 1041 of the Optometry Practice Act; measures the power and range of vi Authorized Ophthalmic Surgery Procedures sion of the human eye using subjective or objective means, i (LAC 46:LI.107, 503 and 801) ncluding the use of lenses and prisms before the eye and aut Editor’s Note: This Rule is being repromulgated to correct orefractors or other automated testing devices to determine it manifest computer errors upon submission. The original Rule s accommodative and refractive state and general scope of fu can be viewed in the November 2014 edition of the Louisiana Register on pages 2249-2252. nction; and the adaptation of frames and lenses, in all their p hases, including plano and zero power contact lenses, to over In accordance with the Administrative Procedures Act, R. come errors of refraction and restore as near as possible nor S. 49:950 et seq., the Louisiana State Board of Optometry E mal human vision, or for orthotic, prosthetic, therapeutic or c xaminers, has amended the following rules set forth below. osmetic purposes

Louisiana Register Vol. 40, No. 12 December 20, 2014 150 with respect to contact lenses. Optometry also includes the e 2. Certification to Treat Pathology and to Use and Pre xamination and diagnosis, and treatment of abnormal conditi scribe Diagnostic and Therapeutic Pharmaceutical Agents ons and pathology of the human eye and its adnexa, includin a. Definitions. For purposes of this Paragraph 2 the g the use or prescription of vision therapy, ocular exercises, r following definitions shall apply. ehabilitation therapy, subnormal vision therapy, ordering of a * * * ppropriate diagnostic lab or imaging tests; the dispensing of b. Requirements for Certification. In order to be app samples to initiate treatment; and the use or prescription of d roved as an optometrist authorized to treat pathology and use iagnostic and therapeutic pharmaceutical agents. Optometrist and prescribe diagnostic and therapeutic pharmaceutical age s shall issue prescriptions, directions and orders regarding m nts, an optometrist shall present to the secretary of the Louisi edications and treatments which may be carried out by other ana State Board of Optometry Examiners for approval by the health care personnel including optometrists, physicians, den board, the following: tists, osteopaths, pharmacists, nurses, and others. i. a certified transcript from an approved educatio i. Ophthalmic Surgery—a procedure upon the hu nal institution evidencing satisfaction of the educational prer man eye in which in vivo human tissue is injected, cut, burne equisites for certification to use diagnostic and therapeutic p d, frozen, sutured, vaporized, coagulated, or photodisrupted harmaceutical agents as set forth in LAC 46:LI.503.G.1.a.ii by the use of surgical instrumentation such as, but not limite or evidence of current certification by the board for the use o d to, a scalpel, cryoprobe, laser, electric cautery, or ionizing r f diagnostic and therapeutic pharmaceutical agents under LA adiation. Nothing in this Optometry Practice Act shall limit a C 46:LI.503.G.1; and n optometrist's ability to use diagnostic or therapeutic instru ii. certification from a source acceptable to the bo ments utilizing laser or ultrasound technology in the perform ard evidencing current qualification to perform cardiopulmo ance of primary eye care or limit an optometrist’s ability to p nary resuscitation (CPR) or basic life support, which certific erform ophthalmic surgery procedures other than those speci ation shall be current as of the time of application to the boar fically excluded in subsection D of section 1041 of the Opto d for certification to treat pathology and use and prescribe di metry Practice Act. Only persons licensed to practice medici agnostic and therapeutic pharmaceutical agents; ne by the Louisiana State Board of Medical Examiners under iii. a signed statement from the applicant stating th the laws of this state may perform the ophthalmic surgery pr at he or she possesses child and adult automatic epinephrine ocedures specified in subsection D of of section 1041 of the injector kits in every office location in which the applicant pr Optometry Practice Act. actices, which injector kits shall be operable and unexpired a ii. Authorized Ophthalmic Surgery Proceduresa s of the date of application to the board for certification to tr ny procedure upon the human eye or its adnexa in which in v eat pathology and use and prescribe diagnostic and therapeut ivo human tissue is injected, cut, burned, frozen, vaporized, ic pharmaceutical agents; coagulated, photodisrupted, or otherwise altered by the use o 2.b.iv. - 3. … f surgical instrumentation such as, but not limited to, a scalp H. Qualifications for a Louisiana Licensed Optometrist t el, needle, cryoprobe, laser, cautery, ultrasound, or ionizing r o be Credentialed to Utilize and Perform Authorized Ophthal adiation, other than procedures listed in subsection D of secti mic Surgery Procedures on 1041 of the Optometry Practice Act. 1. Louisiana licensed optometrists shall be credentiale iii. Nothing in the Optometry Practice Act shall pr d to perform authorized ophthalmic surgery procedures if: ohibit the dilation and irrigation of lacrimal ducts, insertion a a. the applicant provides proof of holding a Louisia nd removal of lacrimal plugs, foreign body removal from su na license to practice therapeutic optometry and is in good st perficial ocular tissue, suture removal, removal of eyelashes, anding; drainage of superficial lesions of the eye and its adnexa, or c b. the applicant provides proof of satisfactory compl orneal shaping with external ophthalmic devices such as con etion of a course of instruction approved by the board that m tact lenses by optometrists, provided, however, no optometri ay include: st shall carry out any such procedures referenced in this Para i. the following didactic classroom instructions: graph unless certified by the board to treat those abnormal c (a). laser physics, hazards, and safety; onditions and pathology of the human eye and its adnexa. (b). biophysics of lasers; AUTHORITY NOTE: Promulgated in accordance with R.S. 37 (c). laser application on clinical optometry; 1048. (d). laser tissue interactions; HISTORICAL NOTE: Promulgated by the Department of Heal (e). laser indications, contraindications, and pote th and Hospitals, Board of Optometry Examiners, LR 32:629 (April ntial complications; 2006), amended LR 34:872 (May 2008), LR 40:2249 (November 2 (f). gonioscopy; 014), repromulgated LR 40:2578 (December 2014). Chapter 5. Practicing Optometry (g). laser therapy for open angle glaucoma; §503. License to Practice Optometry (h). laser therapy for angle closure glaucoma; A. - F.5. ... (i). posterior capsulotomy; (j). common complications: lids, lashes, lacrimal G. Certification to Use Diagnostic Drugs to Treat Ocular Pathology. An optometrist may be certified to use diagnostic system; (k). medicolegal aspects of anterior segment proc and therapeutic pharmaceutical agents and to diagnose and tr eat ocular pathology. In order to obtain such certification, an edures; (l). peripheral iridotomy; optometrist shall comply with the following requirements. 1. - 1.c. … (m).laser trabeculoplasty; (n). minor surgical procedures;

151 Louisiana Register Vol. 40, No. 12 December 20, 2014 (o). overview of surgical instruments, asepsis, an 2. Contact lenses may not be sold or dispensed withou d O.S.H.A.; t a written, signed, unexpired prescription. Every contact len (p). surgical anatomy of the eyelids; s prescription shall contain information specifying the curvat (q). emergency surgical procedures; ure, diameters, refractive power, pertinent measurement, and (r). chalazion management; the number of lenses to be dispensed. An optometrist, when i (s). epilumeninesence microscopy; ssuing a prescription for contact lenses, shall issue to the pati (t). local anesthesia: techniques and complicatio ent a notice that states the number of refills allowed and the ns; expiration date of the prescription. (u). anaphalaxsis and other office emergencies; 3. An optometrist, when filling a prescription for eyeg (v). radiofrequency surgery; lasses or contact lenses, shall be required to keep the original (w). post-operative wound care; prescription. An optometrist may not refuse to release to a pa c. the applicant satisfactorily completes a written te tient a copy of the patient's prescription if requested by the p st approved by the board on aspects of the Louisiana Optom atient; provided, however, an optometrist shall not be require etry Practice Act pertaining to authorized ophthalmic surgery d to release a prescription that has expired. procedures. 4. A spectacle prescription shall not be construed to be 2. A board approved course of instruction shall be: or substituted for a contact lens prescription nor shall a conta a. provided by an accredited optometry, osteopathy ct lens prescription be construed to be or substituted for a sp or medical school; ectacle prescription. b. a minimum of 32 clock hours in length; and J. Participation in Student Extern Program. An optometr c. sponsored by an organization approved by the bo ist may participate in student extern programs in accordance ard. with rules and regulations promulgated from time to time by 3. Prohibitions and Referrals the board. a. Performing authorized ophthalmic surgery proce 1. The level of responsibility assigned to a student ext dures without credentialing based upon the education require ern shall be at the discretion of the supervising optometrist w ments outlined in this administrative regulation shall be grou ho shall be ultimately responsible for the duties, actions or w nds for suspension or revocation of an optometry license and ork performed by such student extern. /or credentialing to perform authorized ophthalmic surgery p 2. The duties, actions and work performed by a studen rocedures as per section 1061 of the Optometry Practice Act. t extern in accordance with the provisions of this §503 and § 4. Outcomes Reporting 603 shall not be considered the practice of optometry withou a. Every optometrist who has met the requirements t a license as set forth in R.S. 37:1061(14). for certification to perform authorized ophthalmic surgery pr AUTHORITY NOTE: Promulgated in accordance with R.S. 37 ocedures shall report to the board the outcome of authorized 1048. ophthalmic surgery procedures performed in such form as re HISTORICAL NOTE: Promulgated by the Department of Heal quired or directed by the board. th and Hospitals, Board of Optometry Examiners, LR 32:632 (April 2006), amended LR 34:873 (May 2008), LR 38:1590 (July 2012), 5. Beginning with the graduating class of 2015 any op LR 40:2250 (November 2014), repromulgated LR 40:2580 tometrist who provides proof that he/she graduated from an (December 2014). optometry school whose program includes all of the training Chapter 8. Fees and Expenses and testing requirements established by the board may be de §801. Fees emed to have met the requirements for certification to perfor A. - A.11. … m authorized ophthalmic surgery procedures. 12. Original Authorized Ophthalmic Surgery Procedure 6. Performance of authorized ophthalmic surgery proc s Certificate$50 edures by any person without a valid and current certificate i 13. Authorized Ophthalmic Surgery Procedures Certific ssued by the board to perform such procedures shall be consi ate renewal fee $50 dered a violation of section 1061(A)(1) of the Optometry Pra 14. Authorized Ophthalmic Surgery Procedures Certific ctice Act. ate delinquency fee$50 I. Prescriptions for Eyeglasses or Contact Lenses 15. Authorized Ophthalmic Surgery Procedures Certific 1. Every written prescription shall contain an expiratio ate reinstatement fee$50 n date and the signature of the optometrist issuing the prescri B. … ption. The expiration date may not exceed AUTHORITY NOTE: Promulgated in accordance with R.S. 37 18 months, unless the optometrist documents a valid medical 1048. reason in the chart for doing so. HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Board of Optometry Examiners, LR 32:636 (April 2006), amended LR 40:2252 (November 2014), repromulgated LR 40:2580 (December 2014).

James D. Sandefur, O.D. Secretary 1412#014

Louisiana Register Vol. 40, No. 12 December 20, 2014 152 RULE Department of Health and Hospitals, Bureau of Health Services Fin ancing and the Office of Aging and Adult Services, LR 40:2581 (D Department of Health and Hospitals ecember 2014). Bureau of Health Services Financing §10909. Provider Agreement and Repealed. Office of Aging and Adult Services AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. Adult Day Health Care HISTORICAL NOTE: Promulgated by the Department of Heal Standards for Payment th and Hospitals, Office of the Secretary, Bureau of Health Services (LAC 50:II.Chapter 109) Financing, LR 13:181 (March 1987), LR 23:1150 (September 199 7), LR 28:2356 (November 2002), repealed by the Department of H ealth and Hospitals, Bureau of Health Services Financing and the O The Department of Health and Hospitals, Bureau of Healt ffice of Aging and Adult Services, LR 40:2581 (December 2014). h Services Financing and the Office of Aging and Adult Serv §10911. Interdisciplinary (ID) Team ices have repealed LAC 50:II.Chapter 109 in the Medical As Repealed. sistance Program as authorized by R.S. 36:254 and pursuant AUTHORITY NOTE: Promulgated in accordance with R.S. 46 to Title XIX of the Social Security Act. This Rule is promulg 153 and Title XIX of the Social Security Act. ated in accordance with the provisions of the Administrative HISTORICAL NOTE: Promulgated by the Department of Heal Procedure Act, R.S. 49:950 et seq. th and Hospitals, Office of the Secretary, Bureau of Health Services Title 50 Financing, LR 23:1151 (September 1997), repealed by the Departm PUBLIC HEALTHMEDICAL ASSISTANCE ent of Health and Hospitals, Bureau of Health Services Financing a Part II. Nursing Facilities nd the Office of Aging and Adult Services, LR 40:2581 (December 2014). Subpart 3. Standards for Payment §10913. ID Team Assessments Chapter 109. Standards for PaymentAdult Day Healt Repealed. h Care Services AUTHORITY NOTE: Promulgated in accordance with R.S. 46 §10901. Forward 153 and Title XIX of the Social Security Act. Repealed. HISTORICAL NOTE: Promulgated by the Department of Heal AUTHORITY NOTE: Promulgated in accordance with R.S. 46 th and Hospitals, Office of the Secretary, Bureau of Health Services 153 and Title XIX of the Social Security Act. Financing, LR 23:1152 (September 1997), repealed by the Departm HISTORICAL NOTE: Promulgated by the Department of Heal ent of Health and Hospitals, Bureau of Health Services Financing a th and Hospitals, Office of the Secretary, Bureau of Health Services nd the Office of Aging and Adult Services, LR 40:2581 (December Financing, LR 23:1149 (September 1997), repealed by the Departm 2014). ent of Health and Hospitals, Bureau of Health Services Financing a §10915. Staffings nd the Office of Aging and Adult Services, LR 40:2581 (December Repealed. 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 46 §10903. Program Description 153 and Title XIX of the Social Security Act. Repealed. HISTORICAL NOTE: Promulgated by the Department of Heal AUTHORITY NOTE: Promulgated in accordance with R.S. 46 th and Hospitals, Office of the Secretary, Bureau of Health Services 153 and Title XIX of the Social Security Act. Financing, LR 23:1152 (September 1997), repealed by the Departm HISTORICAL NOTE: Promulgated by the Department of Heal ent of Health and Hospitals, Bureau of Health Services Financing a th and Hospitals, Office of the Secretary, Bureau of Health Services nd the Office of Aging and Adult Services, LR 40:2581 (December Financing, LR 23:1149 (September 1997), repealed by the Departm 2014). ent of Health and Hospitals, Bureau of Health Services Financing a §10917. Plan of Care nd the Office of Aging and Adult Services, LR 40:2581 (December Repealed. 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 46 §10905. Definitions 153 and Title XIX of the Social Security Act. Repealed. HISTORICAL NOTE: Promulgated by the Department of Heal AUTHORITY NOTE: Promulgated in accordance with R.S. 46 th and Hospitals, Office of the Secretary, Bureau of Health Services 153 and Title XIX of the Social Security Act. Financing, LR 23:1152 (September 1997), repealed by the Departm HISTORICAL NOTE: Promulgated by the Department of Heal ent of Health and Hospitals, Bureau of Health Services Financing a th and Hospitals, Office of the Secretary, Bureau of Health Services nd the Office of Aging and Adult Services, LR 40:2581 (December Financing, LR 23:1149 (September 1997), amended by the Depart 2014). ment of Health and Hospitals, Office of the Secretary, Bureau of He §10919. Progress Notes alth Services Financing, LR 25:1100 (June 1999), repealed by the Repealed. Department of Health and Hospitals, Bureau of Health Services Fin AUTHORITY NOTE: Promulgated in accordance with R.S. 46 ancing and the Office of Aging and Adult Services, LR 40:2581 (D 153 and Title XIX of the Social Security Act. ecember 2014). HISTORICAL NOTE: Promulgated by the Department of Heal §10907. Licensure th and Hospitals, Office of the Secretary, Bureau of Health Services Repealed. Financing, LR 23:1153 (September 1997), repealed by the Departm AUTHORITY NOTE: Promulgated in accordance with R.S. 46 ent of Health and Hospitals, Bureau of Health Services Financing a 153 and Title XIX of the Social Security Act. nd the Office of Aging and Adult Services, LR 40:2581 (December HISTORICAL NOTE: Promulgated by the Department of Heal 2014). th and Hospitals, Office of the Secretary, Bureau of Health Services §10921. Services to be Provided Financing, LR 23:1150 (September 1997), amended by the Depart Repealed. ment of Health and Hospitals, Office of the Secretary, Bureau of He alth Services Financing, LR 25:1099 (June 1999), repealed by the

153 Louisiana Register Vol. 40, No. 12 December 20, 2014 AUTHORITY NOTE: Promulgated in accordance with R.S. 46 Department of Health and Hospitals, Bureau of Health Services 153 and Title XIX of the Social Security Act. Financing and the Office of Aging and Adult Services, LR 40:2582 HISTORICAL NOTE: Promulgated by the Department of Heal (December 2014). th and Hospitals, Office of the Secretary, Bureau of Health Services §10935. Incident Reports Financing, LR 23:1153 (September 1997), repealed by the Departm Repealed. ent of Health and Hospitals, Bureau of Health Services Financing a AUTHORITY NOTE: Promulgated in accordance with R.S. 46 nd the Office of Aging and Adult Services, LR 40:2581 (December 153 and Title XIX of the Social Security Act. 2014). HISTORICAL NOTE: Promulgated by the Department of Heal §10923. Participant Rights th and Hospitals, Office of the Secretary, Bureau of Health Services Repealed. Financing, LR 23:1163 (September 1997), repealed by the Departm AUTHORITY NOTE: Promulgated in accordance with R.S. 46 ent of Health and Hospitals, Bureau of Health Services Financing a 153 and Title XIX of the Social Security Act. nd the Office of Aging and Adult Services, LR 40:2582 (December HISTORICAL NOTE: Promulgated by the Department of Heal 2014). th and Hospitals, Office of the Secretary, Bureau of Health Services §10937. Complaint Procedure Financing, LR 23:1154 (September 1997), repealed by the Departm Repealed. ent of Health and Hospitals, Bureau of Health Services Financing a AUTHORITY NOTE: Promulgated in accordance with R.S. 46 nd the Office of Aging and Adult Services, LR 40:2582 (December 153 and Title XIX of the Social Security Act. 2014). HISTORICAL NOTE: Promulgated by the Department of Heal §10925. Eligibility Criteria for Adult Day Health Care C th and Hospitals, Office of the Secretary, Bureau of Health Services ertification Financing, LR 23:1163 (September 1997), repealed by the Departm Repealed. ent of Health and Hospitals, Bureau of Health Services Financing a AUTHORITY NOTE: Promulgated in accordance with R.S. 46 nd the Office of Aging and Adult Services, LR 40:2582 (December 153 and Title XIX of the Social Security Act. 2014). HISTORICAL NOTE: Promulgated by the Department of Heal §10939. Prospective Payment System th and Hospitals, Office of the Secretary, Bureau of Health Services Repealed. Financing, LR 23:1155 (September 1997), repealed by the Departm AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ent of Health and Hospitals, Bureau of Health Services Financing a 254 and Title XIX of the Social Security Act. nd the Office of Aging and Adult Services, LR 40:2582 (December HISTORICAL NOTE: Promulgated by the Department of Heal 2014). th and Hospitals, Office of the Secretary, Bureau of Health Services §10927. BHSF Admission Assessment/Vendor Payment Financing, LR 28:2356 (November 2002), amended LR 30:242 (Fe Repealed. bruary 2004), repealed by the Department of Health and Hospitals, AUTHORITY NOTE: Promulgated in accordance with R.S. 46 Bureau of Health Services Financing and the Office of Aging and A 153 and Title XIX of the Social Security Act. dult Services, LR 40:2582 (December 2014). HISTORICAL NOTE: Promulgated by the Department of Heal §10941. Participant Records th and Hospitals, Office of the Secretary, Bureau of Health Services Repealed. Financing, LR 23:1155 (September 1997), repealed by the Departm AUTHORITY NOTE: Promulgated in accordance with R.S. 46 ent of Health and Hospitals, Bureau of Health Services Financing a 153 and Title XIX of the Social Security Act. nd the Office of Aging and Adult Services, LR 40:2582 (December HISTORICAL NOTE: Promulgated by the Department of Heal 2014). th and Hospitals, Bureau of Health Services Financing, LR 23:1156 §10929. Utilization Review (UR) (September 1997), repealed by the Department of Health and Hospi Repealed. tals, Bureau of Health Services Financing and the Office of Aging a AUTHORITY NOTE: Promulgated in accordance with R.S. 46 nd Adult Services, LR 40:2582 (December 2014). 153 and Title XIX of the Social Security Act. §10945. Audits HISTORICAL NOTE: Promulgated by the Department of Heal Repealed. th and Hospitals, Office of the Secretary, Bureau of Health Services AUTHORITY NOTE: Promulgated in accordance with R.S. 46 Financing, LR 23:1157 (September 1997), repealed by the Departm 153 and Title XIX of the Social Security Act. ent of Health and Hospitals, Bureau of Health Services Financing a HISTORICAL NOTE: Promulgated by the Department of Heal nd the Office of Aging and Adult Services, LR 40:2582 (December th and Hospitals, Office of the Secretary, Bureau of Health Services 2014). Financing, LR 23:1165 (September 1997), repealed by the Departm §10931. Inspection of Care ent of Health and Hospitals, Bureau of Health Services Financing a Repealed. nd the Office of Aging and Adult Services, LR 40:2582 (December AUTHORITY NOTE: Promulgated in accordance with R.S. 46 2014). 153 and Title XIX of the Social Security Act. §10947. Compliance with Standards for Payment HISTORICAL NOTE: Promulgated by the Department of Heal Repealed. th and Hospitals, Office of the Secretary, Bureau of Health Services AUTHORITY NOTE: Promulgated in accordance with R.S. 46 Financing, LR 23:1158 (September 1997), repealed by the Departm 153 and Title XIX of the Social Security Act. ent of Health and Hospitals, Bureau of Health Services Financing a HISTORICAL NOTE: Promulgated by the Department of Heal nd the Office of Aging and Adult Services, LR 40:2582 (December th and Hospitals, Office of the Secretary, Bureau of Health Services 2014). Financing, LR 23:1166 (September 1997), repealed by the Departm §10933. Discharge Planning and Implementation ent of Health and Hospitals, Bureau of Health Services Financing a Repealed. nd the Office of Aging and Adult Services, LR 40:2582 (December AUTHORITY NOTE: Promulgated in accordance with R.S. 46 2014). 153 and Title XIX of the Social Security Act. Kathy H. Kliebert HISTORICAL NOTE: Promulgated by the Department of Heal Secretary th and Hospitals, Office of the Secretary, Bureau of Health Services 1412#103 Financing, LR 23:1160 (September 1997), repealed by the

Louisiana Register Vol. 40, No. 12 December 20, 2014 154 2. be on the developmental disabilities request for serv RULE ices registry (DDRFSR), unless otherwise specified through programmatic allocation in §5501; Department of Health and Hospitals 3. meet the financial eligibility requirements for the M Bureau of Health Services Financing edicaid Program; and 4. meet the requirements for an intermediate care facil Office for Citizens with Developmental Disabilities ity for persons with intellectual disabilities (ICF/ID) level of care which requires active treatment of a developmental disa Home and Community-Based Services Waivers bility under the supervision of a qualified developmental dis Supports Waiver ability professional; (LAC 50:XXI.5301, 5501, 5503, and Chapters 57-61) 5. have assurance that the health and welfare of the in dividual can be maintained in the community with the provis The Department of Health and Hospitals, Bureau of Healt ion of supports waiver services; h Services Financing and the Office for Citizens with Develo 6. have justification, as documentation in the approve pmental Disabilities have amended LAC 50:XXI.5301, §550 d plan of care, that supports waiver services are appropriate, 1, §§5701-5719, §5901 and §6101, repeaedl LAC 50:XXI.57 cost effective and represent the least restrictive environment 11 and adopted LAC 50:XXI.5503 in the Medical Assistance for the individual; Program as authorized by R.S. 36:254 and pursuant to Title 7. be a resident of Louisiana; and XIX of the Social Security Act. This Rule is promulgated in 8. be a citizen of the United States or a qualified alien. accordance with the provisions of the Administrative Proced B. Two separate categories within the supports waiver ha ure Act, R.S. 49:950 et seq. ve been established for 70 opportunities with specific criteria Title 50 established for each. PUBLIC HEALTHMEDICAL ASSISTANCE 1. Transition from School to Work Part XXI. Home and Community Based Services a. Individuals must meet the following criteria for p Waivers articipation in the 50 transition from school to work opportu Subpart 5. Supports Waiver nities: Chapter 53. General Provisions i. have a developmental disability as specified in §5301. Purpose R.S. 28:451.2; A. The mission of this waiver is to create options and pro ii. be on the developmental disabilities request for vide meaningful opportunities that enhance the lives of men services registry (DDRFSR), unless otherwise specified thro and women with developmental disabilities through vocation ugh programmatic allocation in §5501; al and community inclusion. The supports waiver is designe iii. meet the financial eligibility requirements for t d to: he Medicaid Program; 1. promote independence for individuals with a develo iv. meet the requirements for an ICF/ID level of ca pmental disability who are age 18 or older while ensuring he re which requires active treatment of a developmental disabil alth and safety through a system of participant safeguards; ity under the supervision of a qualified developmental disabi 2. - 3. ... lity professional; B. Allocation of Waiver Opportunities. Waiver opportuni v. have assurance that health and welfare of the in ties (slots) shall be offered on a first-come, first-served basis dividual can be maintained in the community with the provis to individuals who meet the participant qualifications for this ion of supports waiver services; waiver with the exception of the 70 opportunities designated vi. have justification, as documentation in the appr to the two categories as specified under §5501. oved plan of care, that supports waiver services are appropri 1. - 3. Repealed. ate, cost effective and represent the least restrictive environ AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ment for the individual; 254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal vii. be a resident of Louisiana; th and Hospitals, Office of the Secretary, Office for Citizens with D viii. be a citizen of the United States or a qualified a evelopmental Disabilities, LR 32:1604 (September 2006), amended lien; by the Department of Health and Hospitals, Bureau of Health Servi ix. be exiting the school system; ces Financing and the Office for Citizens with Developmental Disa x. desire an individual, integrated job in the com bilities, LR 40:2583 (December 2014). munity; and Chapter 55. Target Population xi. require supports and/or services to obtain and/o §5501. Participant Qualifications and Admissions Crite r maintain employment in the community, specifically suppo ria rted employment services. A. In order to qualify for the supports waiver, an individ b. Each human services authority or district/local go ual must be 18 years of age or older, offered a waiver opport verning entity (LGE) is responsible for the prioritization of t unity (slot), and meet all of the following criteria: he 50 transition from school to work opportunities. 1. have a developmental disability as specified in R.S. c. Individuals who participate in the 50 transition fr 28:451.2; om school to work opportunities are not required to have a p a. - f. Repealed. rotected request date on the DDRFSR, but must have a curre nt statement of approval indicating they meet the ICF/ID lev el of care.

155 Louisiana Register Vol. 40, No. 12 December 20, 2014 d. All other supports waiver provisions apply to the must be cared for by the same care giver causing inability of 50 transition from school to work opportunities. the natural caregiver to continue necessary supports to assur 2. "Priority" Opportunity e health and safety of the individual. a. Prioritya change in circumstances of the indivi E. Individuals who participate in the priority opportuniti dual and/or caregiver rendering the natural and community s es are not required to have a protected request date on the D upport system in place unable to meet the individual’s needs DRFSR but they must have a current statement of approval i and now requires services to sustain the individual in the co ndicating they meet the ICF/ID level of care. mmunity. F. All other supports waiver provisions apply to the prior b. Individuals must meet the following criteria for p ity opportunities. articipation in the 20 priority opportunities: AUTHORITY NOTE: Promulgated in accordance with R.S. 36 i. have a developmental disability as specified in 254 and Title XIX of the Social Security Act. R.S. 28:451.2; HISTORICAL NOTE: Promulgated by the Department of Heal ii. be on the developmental disabilities DDRFSR, th and Hospitals, Office of the Secretary, Office for Citizens with D evelopmental Disabilities, LR 32:1604 (September 2006), amended unless otherwise specified through programmatic allocation i by the Department of Health and Hospitals, Bureau of Health Servi n §5501; ces Financing and the Office for Citizens with Developmental Disa iii. meet the financial eligibility requirements for t bilities, LR 40:2583 (December 2014). he Medicaid Program; §5503. Denial of Admission or Discharge Criteria iv. meet the requirements for an ICF/ID level of ca A. Individuals shall be denied admission to, or discharge re which requires active treatment of a developmental disabil d from, the supports waiver if one of the following criteria is ity under the supervision of a qualified developmental disabi met: lity professional; 1. the individual does not meet the financial eligibility v. have assurance that health and welfare of the in requirements for the Medicaid Program; dividual can be maintained in the community with the provis 2. the individual does not meet the requirement for an ion of supports waiver services; ICF/ID level of care; vi. have justification, as documentation in the appr 3. the individual is incarcerated or placed under the ju oved plan of care, that supports waiver services are appropri risdiction of penal authorities, courts or state juvenile authori ate, cost effective and represent the least restrictive environ ties; ment for the individual; 4. the individual resides in another state or has a chan vii. be a resident of Louisiana; and ge of residence to another state; viii. be a citizen of the United States or a qualified a 5. the participant is admitted to an ICF/ID facility or n lien; ursing facility with the intent to stay and not to return to wai ix. be designated by the Office for Citizens with D ver services: evelopmental Disabilities (OCDD) Human Services Authorit a. the waiver participant may return to waiver servi y or district/LGE as meeting the criteria for a "priority" oppo ces when documentation is received from the treating physic rtunity. ian that the admission is temporary and shall not exceed 90 d 2.c. - 5. Repealed. ays; C. Each human services authority or district/LGE is resp b. the participant will be discharged from the waive onsible for the prioritization of these Priority opportunities. r on the ninety-first day if the participant is still in the ICF/I D. Determination of prioritization for a priority opportun D or nursing facility; ity is defined as follows: 6. the health and welfare of the participant cannot be a 1. without requested supports, there is an immediate n ssured through the provision of supports waiver services wit eed for services due to out-of-home placement or homelessn hin the participant’s approved plan of care; ess or potential threat of out-of-home placement or homeless 7. the individual fails to cooperate in the eligibility det ness due to a change in the individual’s circumstances, inclu ermination/re-determination process and in the development ding but not limited to, behavioral changes/challenges, probl or implementation of the approved plan of care; and/or ems with the law, or changes in his/her living arrangements 8. continuity of services is interrupted as a result of th or threat of losing his/her job; e individual not receiving a supports waiver service during a 2. without requested supports, there is an immediate n period of 30 or more consecutive days. This does not include eed for services due to out-of-home placement or homelessn interruptions in supports waiver services because of hospitali ess or potential threat of out-of-home placement or homeless zation, institutionalization (such as ICFs/ID or nursing facilit ness due to a change in the care giver’s circumstances, inclu ies), or non-routine lapses in services where the family agree ding but not limited to, health issues, death, changes in job (i. s to provide all needed or paid natural supports. There must e., being switched from night shift to day shift or being switc be documentation from the treating physician that this interr hed to different work location requiring more travel time) or uption will not exceed 90 days. During this 90-day period, th other changes that effect the current situation; or e OCDD will not authorize payment for supports waiver serv 3. without requested supports, there is an immediate n ices. eed for services due to out-of-home placement or homelessn AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ess or potential threat of out-of-home placement or homeless 254 and Title XIX of the Social Security Act. ness due to some other family crisis which leaves the individ HISTORICAL NOTE: Promulgated by the Department of Heal ual with no care giver support available, such as abuse/negle th and Hospitals, Bureau of Health Services Financing and the Offi ct or a second person in the household becomes disabled and ce for Citizens with Developmental Disabilities, LR 40:2584 (Dece mber 2014).

Louisiana Register Vol. 40, No. 12 December 20, 2014 156 Chapter 57. Covered Services §5703. Day Habilitation §5701. Supported Employment Services A. Day habilitation is services that assist the participant t A. Supported employment services consists of intensive, o gain desired community living experience, including the ac ongoing supports and services necessary for a participant to quisition, retention or improvement in self-help, socializatio achieve the desired outcome of employment in a community n and adaptive skills, and/or to provide the participant an op setting in the State of Louisiana where a majority of the pers portunity to contribute to his or her community. These servic ons employed are without disabilities. Participants utilizing t es focus on enabling the participant to attain or maintain his/ hese services may need long-term supports for the life of the her maximum functional level and shall be coordinated with ir employment due the nature of their disability, and natural s any physical, occupational, or speech therapies identified in t upports would not meet this need. he individualized plan of care. Day habilitation services may B. - B.3. ... serve to reinforce skills or lessons taught in other settings. V C. When supported employment services are provided at olunteer activities may be a part of this service. a work site where a majority of the persons employed are wit B. Day habilitation services are provided on a regularly s hout disabilities, payment is only made for the adaptations, s cheduled basis for one or more days per week in a variety of upervision and training required by participants receiving the community settings that are separate from the participant’s p service as a result of their disabilities. It does not include pay rivate residence. Day habilitation services should not be limi ment for the supervisory activities rendered as a normal part ted to a fixed site facility. Activities and environments are de of the business setting. signed to foster the acquisition of skills, appropriate behavio D. ... r, greater independence, and personal choice. E. These services are also available to those participants C. Day habilitation includes assistance in personal care who are self-employed. Funds for self-employment may not with activities of daily living. be used to defray any expenses associated with setting up or 1. - 3. Repealed. operating a business. D. All transportation costs are included in the reimburse F. - F.2. ... ment for day habilitation services. The participant must be pr G. Service Limitations esent to receive this service. If a participant needs transportat 1. Services for job assessment, discovery and develop ion, the provider must physically provide, arrange for, or pay ment in individual jobs and self-employment shall not excee for appropriate transport to and from a central location that i d 2,880 units of service in a plan of care year. s convenient for the recipient and agreed upon by the team. 2. Services for job assessment, discovery and develop The recipient’s transportation needs and this central location ment in group employment shall not exceed 480 units of ser shall be documented in the plan of care. vice in a plan of care year. E. Service Limitations. Services shall not exceed 4,800 u 3. Services for initial job support, job retention and fol nits of service in a plan of care. low-along shall not exceed 960 units of service in a plan of c F. Restrictions. Participants receiving day habilitation se are year. rvices may also receive prevocational or individual supporte 4. Services for initial job support, job retention and fol d employment services, but these services cannot be provide low-along in group employment shall not exceed 240 units o d during the time period of the day and cannot total more tha f service in a plan of care year. n five hours combined. Group supported employment servic H. Restrictions. Participants receiving individual support es cannot be provided on the same day but can be utilized on ed employment services may also receive prevocational or d a different service day. ay habilitation services. However, these services cannot be p G. Choice of service and staff ratio needed to support the rovided during the same service hours and cannot total more participant must be documented on the plan of care. than five hours of services. Participants receiving group supp H. Repealed. orted employment services may also receive prevocational o AUTHORITY NOTE: Promulgated in accordance with R.S. 36 r day habilitation services; however, these services cannot be 254 and Title XIX of the Social Security Act. provided in the same service day. HISTORICAL NOTE: Promulgated by the Department of Heal I. Choice of this service and staff ratio needed to suppor th and Hospitals, Office of the Secretary, Office for Citizens with D evelopmental Disabilities, LR 32:1605 (September 2006), amended t the participant must be documented on the plan of care. by the Department of Health and Hospitals, Bureau of Health Servi J. There must be documentation in the participant’s file t ces Financing and the Office for Citizens with Developmental Disa hat these services are not available from programs funded un bilities, LR 40:2585 (December 2014). der section 110 of the Rehabilitation Act of 1973 or sections §5705. Prevocational Services 602 (16) or (17) of the Individuals with Disabilities Educatio A. Prevocational services are time limited with employm n Act [230 U.S.C. 1401 (16 and 71)] and those covered unde ent at the individual’s highest level of work in the most integ r the state plan. rated community setting, with the job matched to the individ AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ual’s interests, strengths, priorities, abilities and capabilities, 254 and Title XIX of the Social Security Act. with integrated competitive employment as the optimal outc HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Office of the Secretary, Office for Citizens with D ome. Individuals receiving prevocational services may choos evelopmental Disabilities, LR 32:1605 (September 2006), amended e to pursue employment opportunities at any time. Career pl by the Department of Health and Hospitals, Bureau of Health Servi anning must be a major component of prevocational services. ces Financing and the Office for Citizens with Developmental Disa bilities, LR 40:2585 (December 2014). B. Prevocational services are to be provided in a variety of locations in the community and are not to be limited to a f

157 Louisiana Register Vol. 40, No. 12 December 20, 2014 ixed site facility. Activities associated with prevocational ser D. Choice and need for this service must be documented vices should be focused on preparing the participant for paid on the plan of care. employment or a volunteer opportunity in the community. T AUTHORITY NOTE: Promulgated in accordance with R.S. 36 hese services are operated through a provider agency that is l 254 and Title XIX of the Social Security Act. icensed by the appropriate state licensing agency. Services ar HISTORICAL NOTE: Promulgated by the Department of Heal e furnished one or more hours per day on a regularly schedul th and Hospitals, Office of the Secretary, Office for Citizens with D evelopmental Disabilities, LR 32:1606 (September 2006), amended ed basis for one or more days per week. by the Department of Health and Hospitals, Bureau of Health Servi C. Participants receiving prevocational services must hav ces Financing and the Office for Citizens with Developmental Disa e an employment related goal in their plan of care, and the g bilities, LR 40:2586 (December 2014). eneral habilitation activities must be designed to support suc §5709. Habilitation h employment goals. Prevocational services are designed to A. Habilitation offers services designed to assist the parti create a path to integrated community-based employment for cipant in acquiring, retaining and improving the self-help, so which a participant is compensated at or above minimum wa cialization and adaptive skills necessary to reside successfull ge, but not less than the customary wage and level of benefit y in home and community settings. s paid by the employer for the same or similar work perform B. Habilitation is provided in the home or community, in ed by individuals without disabilities. cludes necessary transportation and is based on need with a s D. Prevocational services can include assistance in perso pecified number of hours weekly as outlined in the approved nal care with activities of daily living. Choice of this service plan of care. and staff ratio needed to support the participant must be docu C. Habilitation services include, but are not limited to: mented on the plan of care. 1. acquisition of skills needed to do household tasks w E. All transportation costs are included in the reimburse hich include, but are not limited to laundry, dishwashing, ho ment for prevocational services. The participant must be pres usekeeping, grocery shopping in the community, and other ta ent to receive this service. If a participant needs transportatio sks to promote independence in the home and community; a n, the provider must physically provide, arrange, or pay for a nd ppropriate transport to and from a central location that is con 2. travel training activities in the community that pro venient for the participant and agreed upon by the team. The mote community independence, to include but not limited to, participant’s transportation needs and this central location sh place of individual employment. This does not include group all be documented in the plan of care. supported employment, day habilitation, or prevocational sit F. Service Limitations. Services shall not exceed 4,800 u es. nits of service in a plan of care. D. Service Limitations. Services shall not exceed 285 uni G. Restrictions. Participants receiving prevocational serv ts of service in a plan of care year. ices may also receive day habilitation or individualized supp E. Choice and need for this service must be documented orted employment services, but these services cannot be pro on the plan of care. vided during the same time period of the day and cannot tota F. Participants receiving habilitation may use this servic l more than five hours combined in the same service day. Gr e in conjunction with other supports waiver services, as long oup supported employment services cannot be provided on t as other services are not provided during the same period in he same day but can be utilized on a different service day. a day. H. There must be documentation in the participant’s file t NOTE: Participants who are age 18 through 21 may receive hat this service is not available from programs funded under these services as outlined on their plan of care through the section 110 of the Rehabilitation Act of 1973 or sections 602 Early Periodic Screening, Diagnosis and Treatment (EPSDT) Program. (16) or (17) of the Individuals with Disabilities Education Ac AUTHORITY NOTE: Promulgated in accordance with R.S. 36 t [230 U.S.C. 1401 (16 and 71)] and those covered under the 254 and Title XIX of the Social Security Act. state plan. HISTORICAL NOTE: Promulgated by the Department of Heal AUTHORITY NOTE: Promulgated in accordance with R.S. 36 th and Hospitals, Office of the Secretary, Office for Citizens with D 254 and Title XIX of the Social Security Act. evelopmental Disabilities, LR 32:1606 (September 2006), amended HISTORICAL NOTE: Promulgated by the Department of Heal by the Department of Health and Hospitals, Bureau of Health Servi th and Hospitals, Office of the Secretary, Office for Citizens with D ces Financing and the Office for Citizens with Developmental Disa evelopmental Disabilities, LR 32:1605 (September 2006), amended bilities, LR 40:2586 (December 2014). by the Department of Health and Hospitals, Bureau of Health Servi §5711. Individual Goods and Services ces Financing and the Office for Citizens with Developmental Disa Repealed. bilities, LR 40:2585 (December 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 36 §5707. Respite 254 and Title XIX of the Social Security Act. A. Respite care is a service provided on a short-term basi s to a participant who is unable to care for himself/herself be cause of the absence or need for relief of those unpaid perso ns normally providing care for the participant. B. Respite may be provided in a licensed respite care fac ility determined appropriate by the participant, responsible p arty, in the participant’s home or private place of residence. 1. - 3. Repealed. C. Service Limitations. Services shall not exceed 428 uni ts of service in a plan of care year.

Louisiana Register Vol. 40, No. 12 December 20, 2014 158 HISTORICAL NOTE: Promulgated by the Department of Heal Chapter 59. Provider Participation th and Hospitals, Office of the Secretary, Office for Citizens with D §5901. General Provisions evelopmental Disabilities, LR 32:1606 (September 2006), repealed A. ... by the Department of Health and Hospitals, Bureau of Health Servi B. If transportation is provided as part of a service, the pr ces Financing and the Office for Citizens with Developmental Disa bilities, LR 40:2586 (December 2014). ovider must have $1,000,000 liability insurance coverage on §5713. Personal Emergency Response System any vehicles used in transporting a participant. A. A personal emergency response system (PERS) is an C. - C.2. ... electronic device connected to the participant’s phone which 3. Respite Services. The provider must possess a curre enables a participant to secure help in the community. The sy nt, valid license as a personal care attendant agency or a resp stem is programmed to signal a response center staffed by tra ite care center in order to provide these services. ined professionals once a "help" button is activated. 4. Habilitation Services. The provider must possess a B. This service must be prior authorized and be in accord valid license as a personal care attendant agency in order to ance with the plan of care. provide this service. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 5. - 6. ... 254 and Title XIX of the Social Security Act. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 HISTORICAL NOTE: Promulgated by the Department of Heal 254 and Title XIX of the Social Security Act. th and Hospitals, Office of the Secretary, Office for Citizens with D HISTORICAL NOTE: Promulgated by the Department of Heal evelopmental Disabilities, LR 32:1607 (September 2006), amended th and Hospitals, Office of the Secretary, Office for Citizens with D by the Department of Health and Hospitals, Bureau of Health Servi evelopmental Disabilities, LR 32:1607 (September 2006), LR 34:6 ces Financing and the Office for Citizens with Developmental Disa 62 (April 2008), amended by the Department of Health and Hospita bilities, LR 40:2587 (December 2014). ls, Bureau of Health Services Financing, Office for Citizens with D §5715. Support Coordination evelopmental Disabilities, LR 40:2587 (December 2014). A. Support coordination is a service that will assist partic Chapter 61. Reimbursement Methodology ipants in gaining access to all of their necessary services, as §6101. Reimbursement Methodology well as medical, social, educational and other services, regar A. ... dless of the funding source for the services. Support coordin B. Supported Employment Services. Reimbursement sha ators shall be responsible for on-going monitoring of the pro ll be a prospective flat rate for each approved unit of service vision of services included in the participant’s approved plan provided to the participant. A standard unit of service in both of care. individual and group job assessment, discovery and develop AUTHORITY NOTE: Promulgated in accordance with R.S. 36 ment is one-quarter hour (15 minutes). A standard unit of ser 254 and Title XIX of the Social Security Act. vice in individual initial job support, job retention and follo HISTORICAL NOTE: Promulgated by the Department of Heal w-along is one-quarter hour (15 minutes). A standard unit of th and Hospitals, Office of the Secretary, Office for Citizens with D service in group initial job support, job retention and follow- evelopmental Disabilities, LR 34:662 (April 2008), amended by the along is one hour or more per day. Department of Health and Hospitals, Bureau of Health Services Fin C. Day Habilitation. Reimbursement shall be a prospecti ancing, Office for Citizens with Developmental Disabilities, LR 40: ve flat rate for each approved unit of service provided to the 2587 (December 2014). participant. A standard unit of service is one-quarter hour (15 §5719. Housing Stabilization Services minutes), excluding time spent in transportation. A. Housing stabilization services enable waiver participa D. Prevocational Services. Reimbursement shall be a pro nts to maintain their own housing as set forth in a participan spective flat rate for each approved unit of service provided t t’s approved plan of care. Services must be provided in the h o the participant. A standard unit of service is one-quarter ho ome or a community setting. This service includes the follow ur (15 minutes), excluding time spent in transportation. ing components: E. Respite, housing stabilization transition services and h 1. - 3. ... ousing stabilization services shall be reimbursed at a prospec 4. providing supports and interventions according to t tive flat rate for each approved unit of service provided to th he individualized housing support plan; e participant. One-quarter hour (15 minutes) is the standard a. if additional supports or services are identified as unit of service. needed outside the scope of housing stabilization service, the F. Habilitation. Reimbursement shall be a prospective fl needs must be communicated to the support coordinator; at rate for each approved unit of service provided to the parti 5. - 6. ... cipant. One-quarter hour (15 minutes) is the standard unit of 7. if at any time the participant’s housing is placed at r service. isk (e.g., eviction, loss of roommate or income), providing s G. Personal Emergency Response System (PERS). Reim upports to retain housing or locate and secure housing to con bursement for the maintenance of the PERS is paid through tinue community-based supports, including locating new hou a monthly rate. Installation of the device is paid through a on sing, sources of income, etc. e-time fixed cost. B. - C.1. ... H. Direct Support Professionals Wage Enhancement. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. 1. Effective May 20, 2007, an hourly wage enhancem HISTORICAL NOTE: Promulgated by the Department of Heal ent payment in the amount of $2 will be reimbursed to provi th and Hospitals, Bureau of Health Services Financing and the Offi ders for full-time equivalent (FTE) direct ce for Citizens with Developmental Disabilities, LR 40:81 (January 2014), amended LR 40:2587 (December 2014).

159 Louisiana Register Vol. 40, No. 12 December 20, 2014 support professionals who provide the following service 1. Support coordination services and personal emerge s to supports waiver participants: ncy response system services shall be excluded from the rate a. habilitation; reduction. b. supported employment; L. Effective for dates of service on or after July 1, 2012, c. day habilitation; the reimbursement rates for supports waiver services shall be d. center-based respite; and reduced by 1.5 percent of the rates on file as of June 30, 201 e. prevocational services. 2. 2. At least 75 percent of the wage enhancement shall b 1. Personal emergency response system services shall e paid in the aggregate to direct support workers as wages. If be excluded from the rate reduction. less than 100 percent of the enhancement is paid in wages, th M. - M.1. Repealed. e remainder, up to 25 percent, shall be used to pay employer- AUTHORITY NOTE: Promulgated in accordance with R.S. 36 related taxes, insurance and employee benefits. 254 and Title XIX of the Social Security Act. 3. Effective September 20, 2007, the minimum hourly HISTORICAL NOTE: Promulgated by the Department of Heal rate paid to direct support professionals shall be the federal th and Hospitals, Office of the Secretary, Office for Citizens with D evelopmental Disabilities, LR 32:1607 (September 2006), LR 34:6 minimum wage in effect on February 20, 2007 plus 75 perce 62 (April 2008), amended by the Department of Health and Hospita nt of the wage enhancement or the current federal minimum ls, Bureau of Health Services Financing and the Office for Citizens wage, whichever is higher. with Developmental Disabilities, LR 36:2281 (October 2010), ame 4. Providers shall be required to submit a certified wa nded LR 37:2158 (July 2011), LR 39:1050 (April 2013), LR 40:82 ge register to the department verifying the direct support pro (January 2014), LR 40:2587 (December 2014). fessionals’ gross wages for the quarter ending March 31, 200 Implementation of the provisions of this Rule may be cont 7. The wage register will be used to establish a payroll baseli ingent upon the approval of the U.S. Department of Health a ne for each provider. It shall include the following informati nd Human Services, Centers for Medicare and Medicaid Ser on: vices (CMS), if it is determined that submission to CMS for a. gross wage paid to the direct support professional review and approval is required. (s); b. total number of direct support hours worked; and Kathy H. Kliebert c. the amount paid in employee benefits. Secretary 5. A separate report shall be submitted for paid overti 1412#104 me. 6. The provider shall submit quarterly wage reports th RULE at verify that the 75 percent wage enhancement has been pai Department of Health and Hospitals d to the appropriate staff. Bureau of Health Services Financing 7. The provider shall submit a report, according to the Department’s specifications, that will be used to measure the Intermediate Care Facilities for Persons with effectiveness of the wage enhancement. Developmental DisabilitiesPublic Facilities 8. The wage enhancement payments reimbursed to pr Reimbursement Methodology oviders shall be subject to audit by the department. (LAC 50:VII.32969) 9. Noncompliance or failure to demonstrate that the w age enhancement was paid directly to direct support professi The Department of Health and Hospitals, Bureau of Healt onals may result in: h Services Financing has amended LAC 50:VII.32969 in the a. forfeiture of eligibility for wage enhancement pa Medical Assistance Program as authorized by R.S. 36:254 an yments; d pursuant to Title XIX of the Social Security Act. This Rule b. recoupment of previous wage enhancement paym is promulgated in accordance with the provisions of the Adm ents; inistrative Procedure Act, R.S. 49:950 et seq. c. Medicaid fraud charges; and Title 50 d. disenrollment from the Medicaid Program. PUBLIC HEALTHMEDICAL ASSISTANCE I. Support Coordination. Support coordination shall be r Part VII. Long Term Care eimbursed at a fixed monthly rate in accordance with the ter Subpart 3. Intermediate Care Facilities for Persons with ms of the established contract. Developmental Disabilities I.1. - 9.d. Repealed. Chapter 329. Reimbursement Methodology J. Effective for dates of service on or after January 22, 2 Subchapter C. Public Facilities 010, the reimbursement rates for supports waiver services sh §32969. Transitional Rates for Public Facilities all be reduced by 5.35 percent of the rates on file as of Janua A. - A.4.a. … ry 21, 2010. B. The transitional Medicaid reimbursement rate shall on 1. Support coordination services and personal emerge ly be for the period of transition, which is defined as the ter ncy response system (PERS) services shall be excluded from m of the CEA or a period of four years, whichever is shorter. the rate reduction. C. - F.4. … K. Effective for dates of service on or after August 1, 20 AUTHORITY NOTE: Promulgated in accordance with R.S. 36 10, the reimbursement rates for supports waiver services shal 254 and Title XIX of the Social Security Act. l be reduced by 2 percent of the rates on file as of July 31, 20 10.

Louisiana Register Vol. 40, No. 12 December 20, 2014 160 HISTORICAL NOTE: Promulgated by the Department of Heal naged care health plan or to participate in Medicaid fee-for-s th and Hospitals, Bureau of Health Services Financing, LR 39:326 ervice. The maximum total penalty per incident shall not exc (February 2013), amended LR 40:2588 (December 2014). eed $10,000. 4. A provider may be required to submit a letter to the Kathy H. Kliebert particular Medicaid recipient notifying him/her of the impos Secretary ed sanction and his/her right to freely choose another partici 1412#105 pating managed care health plan or, if eligible, participate in Medicaid fee-for-service. RULE B. Second Offense Department of Health and Hospitals 1. If a provider continues to participate in provider ste Bureau of Health Services Financing ering after having been cited once for provider steering, and receiving one of the above sanctions, that provider may then Prohibition of Provider Steering of Medicaid Recipients be subject to disenrollment from the Medicaid program. (LAC 50:I.Chapter 13) 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 Healt HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Bureau of Health Services Financing, LR 40:2589 h Services Financing has adopted LAC 50:I.Chapter 13 in th (December 2014). e Medical Assistance Program as authorized by R.S. 36:254 §1305. Provider Appeal Rights and pursuant to Title XIX of the Social Security Act. This R A. Informal Hearing ule is promulgated in accordance with the provisions of the 1. A provider who has received a notice of sanction sh Administrative Procedure Act, R.S. 49:950 et seq. all be provided with an informal hearing if the provider mak Title 50 es a written request for an informal hearing within 15 days o PUBLIC HEALTH—MEDICAL ASSISTANCE f the mailing of the notice of sanction. The request for an inf Part I. Administration ormal hearing must be made in writing and sent in accordanc Subpart 1. General Provisions e with the instructions contained in the notice of sanction. Th Chapter 13. Prohibition of Provider Steering e time and place for the informal hearing will be provided in §1301. General Provisions the notice scheduling the informal hearing. A. Definitions 2. Following the informal hearing, the department shal Health Plan—any managed care organization (MCO), p l inform the provider, by written notice, of the results of the i repaid inpatient health plan (PIHP), prepaid ambulatory hea nformal hearing. The provider has the right to request an ad lth plan (PAHP), or primary care case management (PCCM) ministrative appeal within 30 days of the date on the notice o entity contracted with the Medicaid Program. f the informal hearing results that is mailed to the provider. Provider—any Medicaid service provider contracted wit B. Administrative Appeals h a health plan and/or enrolled in the Medicaid Program. 1. The provider may seek an administrative appeal of t Provider Steering—unsolicited advice or mass-marketin he department’s decision to impose sanctions. g directed at Medicaid recipients by health plans, including a 2. If the provider timely requests an informal hearing, ny of the entity’s employees, affiliated providers, agents, or c the 30 days for filing an appeal with the DAL will commenc ontractors, that is intended to influence or can reasonably be e on the date the notice of the informal hearing results are m concluded to influence the Medicaid recipient to enroll in, n ailed or delivered to the provider. ot enroll in, or disenroll from a particular health plan(s). AUTHORITY NOTE: Promulgated in accordance with R.S. 36 AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. 254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Heal HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Bureau of Health Services Financing, LR 40:2589 th and Hospitals, Bureau of Health Services Financing, LR 40:2589 (December 2014). (December 2014). §1307. Health Plan Sanctions §1303. Provider Sanctions A. If the department determines the Health Plan or its su A. First Offense. If the department determines that a pro bcontractors has participated in provider steering, the depart vider has participated in provider steering, the department wi ment, at its sole discretion, may impose the following sancti ll notify the provider in writing and, at its sole discretion, ma ons. y impose any of the following sanctions as applicable. 1. The member(s) may be dis-enrolled from the health 1. If a provider has steered a Medicaid recipient to enr plan at the earliest effective date allowed. oll in a particular managed care health plan, payments to the 2. Up to 100 percent of the monthly capitation payme provider for services rendered to the Medicaid recipient for t nt or care management fee for the month(s) the member(s) w he time period the recipient’s care was coordinated by the he as enrolled in the health plan may be recouped. alth plan may be recouped. 3. The health plan may be assessed a monetary penalt 2. If a provider has steered a Medicaid recipient to par y of up to $5,000 per member. ticipate in Medicaid fee-for-service, payments to the provide 4. The health plan may be required to submit a letter t r for services rendered to the recipient for the time period the o each member notifying he member of their imposed sancti recipient’s care was paid for through Medicaid fee-for-servic on and of their right to choose another health plan. e may be recouped. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 3. A provider may be assessed a monetary sanction of 254 and Title XIX of the Social Security Act. up to $1,000 for each recipient steered to join a particular ma

161 Louisiana Register Vol. 40, No. 12 December 20, 2014 HISTORICAL NOTE: Promulgated by the Department of Heal 1. Level 1: A comprehensive stroke center (CSC) will th and Hospitals, Bureau of Health Services Financing, LR 40:2589 meet the requirements specified by the joint commission or o (December 2014). ther board approved accrediting/certification body approved Implementation of the provisions of this Rule may be cont by LERN for comprehensive stroke center certification. Atte ingent upon the approval of the U.S. Department of Health a station as a CSC is only allowed after verification by the join nd Human Services, Centers for Medicare and Medicaid Ser t commission or other LERN approved accrediting/certificati vices (CMS), if it is determined that submission to CMS for on body that the facility meets all requirements set forth in th review and approval is required. e CSC standards. 2. Level 2: A primary stroke center (PSC) shall meet t Kathy H. Kliebert he requirements specified by the joint commission, healthcar Secretary e facilities accreditation program (HFAP), or other LERN ap 1412#106 proved accrediting/certification body for Primary Stroke Cen ter verification. Attestation as a PSC is only allowed after ve RULE rification by the joint commission, HFAP, or other LERN ap Department of Health and Hospitals proved accrediting/certification body that the facility meets a Emergency Response Network ll requirements set forth in the PSC standards. 3. Level 3: An acute stroke ready hospital (ACRH) wi Requirements for Stroke Center Recognition and ll provide timely access to stroke care but may not meet all c STEMI Receiving/Referral Centers Recognition riteria for a Level 1 or a Level 2 facility. An ACRH will prov (LAC 48:I.Chapters 187 and 189) ide acute stroke care in urban and rural areas where transport ation and access are limited. An ACRH is intended to recogn The Louisiana Emergency Response Network Board has e ize models of care delivery that have shown utility, including xercised the provisions of R.S. 49:950 et seq., the Administr “drip-and-ship” and telemedicine. An ACRH must meet requ ative Procedure Act, to promulgate LAC 48:I.Chapters 187, irements adopted by LERN. LERN approved requirements a Requirements for Stroke Center Recognition; §§18701 to 18 re based on national best practice guidelines. 709; and Chapter 189, Requirements for Louisiana STEMI R 4. Level 4: A non-stroke hospital (NSH) should not re eceiving/Referral Centers Recognition, §§18901 to 18907. ceive patients exhibiting signs or symptoms of stroke except The Louisiana Emergency Response Network (LERN) is c for instances when the clinical situation requires stopping at reated by R.S. 40:2841-2846. R.S. 40:2846(A) authorizes th the closest emergency department. A non stroke hospital mus e LERN board to adopt rules and regulations necessary to ca t have: rry out the provisions of the Chapter. R.S. 40:2845(A)(7) aut a. physician staffed ER 24/7; horizes the board to work with the Department of Health and b. CT scan available within 12 hours; and Hospitals to develop stroke and ST segment elevation myoca c. transfer protocol in place for transfer to higher le rdial infraction (STEMI) systems that are designed to promo vels of care with a written and agreed upon relationship with te rapid identification of and access to appropriate stroke and a level I, II, or III stroke center. STEMI resources statewide. This Rule is adopted in accorda AUTHORITY NOTE: Promulgated in accordance with R.S. 40 nce therewith. 2846(A) and 48:2845(A)(7). Title 48 HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Emergency Response Network, LR 40:2590 (Dec PUBLIC HEALTHGENERAL ember 2014). Part I. General Administration §18705. Attestation for Stroke Center Recognition Subpart 15. Louisiana Emergency Response Network A. A hospital seeking level 1, level 2, level 3 or level 4 st Board roke center recognition will submit an affidavit of the hospit Chapter 187. Requirements for Louisiana Stroke Cente al CEO to LERN detailing compliance with the requirements r Recognition designated herein. §18701. Stroke Center Recognition 1. A center or hospital seeking level 1 CSC recognitio A. The Louisiana Emergency Response Network Board n which submits a copy of that level of certification by a LE (LERN) and the Louisiana Department of Health and Hospit RN-recognized organization, such as the joint commission or als recognize the following four levels of stroke facilities: other LERN approved accrediting/certification body, shall be 1. level 1: comprehensive stroke center; assumed to meet the requirements for recognition. 2. level 2: primary stroke center; 2. A center or hospital seeking level 2 PSC stroke cent 3. level 3: acute stroke ready hospital; and er recognition which submits a copy of that level of certificat 4. level 4: non-stroke hospital. ion by a LERN-recognized organization, such as the joint co B. Participation in Louisiana stroke center recognition is mmission, HFAP, or other LERN approved accrediting/certif voluntary and no hospital shall be required to participate. ication body, shall be assumed to meet the requirements for r AUTHORITY NOTE: Promulgated in accordance with R.S. 40 ecognition. 2846(A) and 48:2845(A)(7). HISTORICAL NOTE: Promulgated by the Department of Hos pitals, Emergency Response Network, LR 40:2590 (Dec 2014). §18703. Stroke Center Criteria A. Each facility participating in stroke center recognition shall meet the following criteria.

Louisiana Register Vol. 40, No. 12 December 20, 2014 162 3. Although a center or hospital seeking level 3 stroke D. A hospital with an emergency room not meeting criter center recognition is not required to obtain certification by a ia for a STEMI receiving center will automatically default to n external certifying body, a level 3 center which submits a c a STEMI referral center. opy of that level of certification by a LERN-recognized orga AUTHORITY NOTE: Promulgated in accordance with R.S. 40 nization, such as HFAP or other LERN approved accrediting 2846(A) and 48:2845(A)(7). /certification body, shall be assumed to meet the requirement HISTORICAL NOTE: Promulgated by the Department of Heal s for recognition. th and Hospitals, Emergency Response Network, LR 40:2591 (Dec ember 2014). 4. Each center or hospital shall submit proof of contin §18903. Attestation for STEMI Center Recognition ued compliance every two years by submission of an affidav A. A hospital seeking STEMI Center recognition will su it by its CEO. bmit an affidavit of the hospital CEO to LERN detailing com B. A hospital or center which fails to meet the criteria for pliance with LERN Approved STEMI Receiving center requ a Stroke Facility level or which no longer choose to maintain irements. state Stroke Facility level recognition, shall immediately noti 1. Those hospitals which submit a copy of certificatio fy LERN and local EMS. AUTHORITY NOTE: Promulgated in accordance with R.S. 40 n by a LERN-recognized organization such as The American 2846(A) and 48:2845(A)(7). Heart Association Mission:Lifeline, Society of Cardiovascul HISTORICAL NOTE: Promulgated by the Department of Heal ar Patient Care or other LERN approved accrediting/certifica th and Hospitals, Emergency Response Network, LR 40:2590 (Dec tion body shall be assumed to meet the requirements for reco ember 2014). gnition. §18707. Stroke Center Listing 2. Each center or hospital shall submit proof of contin A. LERN will publish a list on its website of hospitals or ued compliance every two years by submission of an affidav centers attesting to or meeting stroke center criteria and their it of its CEO. stroke center recognition. This list shall be made available to B. A hospital or center which fails to meet the criteria for LERN regional commissions for facilitation of EMS transpo a STEMI receiving center or which no longer choose to mai rtation plans. ntain state STEMI receiving center recognition, shall immed AUTHORITY NOTE: Promulgated in accordance with R.S. 40 iately notify LERN and local EMS. 2846(A) and 48:2845(A)(7). AUTHORITY NOTE: Promulgated in accordance with R.S. 40 HISTORICAL NOTE: Promulgated by the Department of Heal 2846(A), 48:2845(A)(7) and R.S. 9:2798.5. th and Hospitals, Emergency Response Network, LR 40:2591 (Dec HISTORICAL NOTE: Promulgated by the Department of Heal ember 2014). th and Hospitals, Emergency Response Network, LR 40:2591 (Dec §18709. Hospital Destination/Stroke System Transport ember 2014). A. These rules are not intended to prevent any hospital or §18905. STEMI Center Listing medical facility from providing medical care to any patient b A. LERN will publish a list on its website of hospitals or ut rather to serve as a guideline to facilitate the timely and ap centers attesting to STEMI center criteria for recognition as propriate delivery of stroke patients to the most appropriate c either a STEMI receiving center or STEMI referral center. T are site for the definitive treatment of stroke. his list shall be made available to the LERN regional commi B. Knowledge of statewide stroke capabilities and the us ssions for facilitation of EMS transportation plans. e of a stroke pre-hospital destination protocol will enable pro AUTHORITY NOTE: Promulgated in accordance with La. R.S viders to make timely decisions, promote appropriate utilizat 40:2846(A) and 48:2845(A)(7). ion of the stroke care delivery system, and ultimately save li HISTORICAL NOTE: Promulgated by the Department of Heal ves. th and Hospitals, Emergency Response Network, LR 40:2591 (Dec ember 2014). AUTHORITY NOTE: Promulgated in accordance with R.S. 40 2846(A), 48:2845(A)(7) and La. R.S. 9:2798.5. §18907. Hospital Destination/STEMI System Transport: HISTORICAL NOTE: Promulgated by the Department of Heal A. These rules are not intended to prevent any hospital or th and Hospitals, Emergency Response Network, LR 40:2591 (Dec medical facility from providing medical care to any patient b ember 2014). ut rather to serve as a guideline to facilitate the timely and ap Chapter 189. Requirements for Louisiana STEMI Rece propriate delivery of STEMI patients to the most appropriate iving/Referral Centers care site for the definitive treatment of STEMI. §18901. STEMI Center Recognition B. Knowledge of STEMI capabilities and the use of a ST A. The Louisiana Emergency Response Network Board EMI pre-hospital destination protocol will enable providers t (LERN), and the Louisiana Department of Health and Hospit o make timely decisions, promote appropriate utilization of t als recognize the following types of facilities for the treatme he STEMI care delivery system, and ultimately save lives. nt of ST elevated myocardial infarction (STEMI): AUTHORITY NOTE: Promulgated in accordance with La. R.S 1. STEMI receiving center; and 40:2846(A), 48:2845(A)(7) and R.S. 9:2798.5. 2. STEMI referral center. HISTORICAL NOTE: Promulgated by the Department of Heal B. Participation in the Louisiana STEMI center recogniti th and Hospitals, Emergency Response Network, LR 40:2591 (Dec ember 2014). on is voluntary and no hospital shall be required to participat e. Paige Hargrove C. A facility seeking STEMI receiving center recognition Executive Director shall meet the STEMI receiving center requirements adopted 1412#041 by LERN. LERN approved requirements are based on nation al best practice guidelines.

163 Louisiana Register Vol. 40, No. 12 December 20, 2014 RULE §14507. Qualifications for Approval of an Assurance Org anization Department of Insurance A. Any assurance organization that intends to be approve Office of the Commissioner d by the commissioner for authorization to transact business on behalf of a professional employer organization in the stat Approved Assurance Organizations e of Louisiana shall apply for and obtain the approval of the (LAC 37:XIII.Chapter 145) commissioner. B. To be considered for approval, the assurance organiza Under the authority of the Louisiana Insurance Code, R.S. tion shall submit a written request for approval to the commi 22:1 et seq., and in accordance with the provisions of the Ad ssioner which shall include: ministrative Procedures Act, R.S. 49:950 et seq., the Depart 1. evidence that the assurance organization is indepen ment of Insurance has adopted Regulation 102. The purpose dent and has an established program for the accreditation an of the regulation is to exercise the authority and fulfill the du d financial assurance of a professional employer organizatio ties and responsibilities of the commissioner with respect to t n; he continued regulation of professional employer organizatio 2. evidence that the assurance organization has docum ns. Regulation 102 delineates the qualifications of approved ented qualifications, standards, procedures and financial assu assurance organizations, the duties and responsibilities of ap rance acceptable to the commissioner to certify the qualificat proved assurance organizations, the methods by which appro ions of a professional employer organization; ved assurance organizations may file electronic submissions 3. the agreement of the assurance organization to prov on behalf of a professional employer organization with the d ide the information, compliance monitoring services, and lev epartment, and provides for related matters. el of financial assurance acceptable to the commissioner and Title 37 to share with the department in a timely manner the informat INSURANCE ion and supporting documentation provided to the assurance Part XIII. Regulations organization by a professional employer organization that eq Chapter 145. Regulation Number 102—Approved Assu uals or exceeds the requirements for registration or renewal rance Organizations of registration under R.S. 22:1741 through R.S. 22:1751; an §14501. Purpose and Intent d A. The purpose and intent of Regulation 102 is to exercis 4. the agreement of the assurance organization that it e the authority and fulfill the duties and responsibilities of th will use a comprehensive online application, quarterly compl e commissioner with respect to the continued regulation of p iance reporting, and an ongoing compliance monitoring proc rofessional employer organizations (“PEOs”). Regulation 10 ess for PEO accreditation that ensures that: 2 delineates the qualifications of approved assurance organiz a. the PEO is owned and operated by controlling pe ations, the duties and responsibilities of approved assurance rsons with a history of honesty, law abidance, and responsibl organizations, the methods by which approved assurance org e financial dealings both personally and in business; anizations may file electronic submissions on behalf of a pro b. the PEO and all related entities under common co fessional employer organization with the department, and pr ntrol are financially solvent and have positive working capit ovides for related matters. al sufficient to sustain operations; and AUTHORITY NOTE: Promulgated in accordance with R.S. 22 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure c. the PEO and all related PEO entities meet the ass Act, R.S. 49:950 et seq. urance organization’s ethical, financial, and operational stan HISTORICAL NOTE: Promulgated by the Department of Insur dards, including compliance with applicable state and federa ance, Office of the Commissioner, LR 40:2592 (December 2014). l laws. §14503. Authority AUTHORITY NOTE: Promulgated in accordance with R.S. 22 A. Regulation 102 is promulgated pursuant to the authori 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure ty of the commissioner under R.S.22:11, R.S. 22:1750, R.S. Act, R.S. 49:950 et seq. HISTORICAL NOTE: Promulgated by the Department of Insur 22:1751, and pursuant to the authority and powers granted b ance, Office of the Commissioner, LR 40:2592 (December 2014). y law to the commissioner and the department. §14509. Requirements for an Approved Assurance Orga AUTHORITY NOTE: Promulgated in accordance with R.S. 22 11, R.S. 22:1750, R.S. 22:1751, R.S. 22:1984, and the Administrati nization to Represent a Professional Employer O ve Procedure Act, R.S. 49:950 et seq. rganization HISTORICAL NOTE: Promulgated by the Department of Insur A. For each professional employer organization that cho ance, Office of the Commissioner, LR 40:2592 (December 2014). oses to be represented by an approved assurance organizatio §14505. Applicability and Scope n, the approved assurance organization shall submit to the de A. Regulation 102 applies to any assurance organization partment an application, executed by the professional emplo that transacts business on behalf of a professional employer yer organization, requesting that the assurance organization organization authorized to operate in the state of Louisiana. be permitted to transact business on behalf of the professiona A professional employer organization shall not be required t l employer organization. Such application shall: o utilize the services of an approved assurance organization. 1. authorize the approved assurance organization to sh AUTHORITY NOTE: Promulgated in accordance with R.S. 22 are with the department the application and compliance repo 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure rting information required under R.S. 22:1741 through R.S. Act, R.S. 49:950 et seq. 22:1751 that has been provided to the assurance organization HISTORICAL NOTE: Promulgated by the Department of Insur by the professional employer organization; ance, Office of the Commissioner, LR 40:2592 (December 2014).

Louisiana Register Vol. 40, No. 12 December 20, 2014 164 2. authorize the department to accept information prov federal payroll taxes, insurance premiums, and contributions ided by the professional employer organization to the assura to employee retirement plans for the most recent calendar qu nce organization to facilitate the registration or renewal of re arter and prior five calendar quarters; gistration of the professional employer organization; 4. basic insurance information on the applicant profes 3. provide the certification of the professional employ sional employer organization’s worker’s compensation cover er organization, attesting that the information provided by th age; e assurance organization to the department is true and compl 5. basic insurance information on the applicant profes ete and that the professional employer organization is in full sional employer organization’s health insurance coverage; an and complete compliance with all requirements of R.S. 22:1 d 741 through R.S. 22:1751; and 6. certification that the applicant professional employe 4. provide the certification of the assurance organizati r organization is in compliance with the assurance organizati on that the professional employer organization is in complia on’s accreditation standards and procedures. nce with the standards and procedures of the assurance organ B. An assurance organization that has been approved by ization, which equals or exceeds the requirements of R.S. 22: the commissioner shall also obtain authorization from the ac 1741 through R.S. 22:1751, and that the professional employ credited professional employer organization and shall release er organization is qualified for registration or renewal of regi to the department confidential information on behalf of the a stration under R.S. 22:1741 through R.S. 22:1751. pplicant with respect to any compliance reporting requireme AUTHORITY NOTE: Promulgated in accordance with R.S. 22 nt of the department pursuant to R.S. 22:1984, including wit 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure hout limitation, any reporting initiated at the request of the d Act, R.S. 49:950 et seq. epartment. This section shall apply to any and all communic HISTORICAL NOTE: Promulgated by the Department of Insur ations of any nature by the assurance organization, its agents, ance, Office of the Commissioner, LR 40:2592 (December 2014). employees, or other designated representatives, that contain §14511. Duties and Responsibilities of an Approved Assu the confidential information transmitted to the department in rance Organization support of the initial or renewal registration of the applicant A. An assurance organization that has been approved by professional employer organization as well as any other resp the commissioner shall obtain authorization from the accredi onse provided to satisfy any inquiry made by the department. ted professional employer organization and shall release to t C. An assurance organization approved by the commissi he department confidential information in support of each ac oner shall provide written notice to the department within 10 credited professional employer organization’s initial registrat business days of a determination by the assurance organizati ion and/or renewal registration, including but not limited to t on that the professional employer organization: he following information: 1. fails to meet the qualifications for registration under 1. basic information of the applicant professional emp R.S. 22:1741 through R.S. 22:1751; or loyer organization to include: 2. fails to meet the qualifications for accreditation or c a. the name(s) of all professional employer organiza ertification by the assurance organization. tion entities under common control; D. An assurance organization approved by the commissi b. the address of the domicile, headquarters and prin oner shall submit all required information through secure int cipal place of business of the professional employer organiza ernet server, or as otherwise directed by the department. tion; E. An assurance organization approved by the commissi c. the physical location of all of the professional em oner shall comply with all time periods, application instructi ployer organization’s office(s) or place(s) of business in Loui ons, and other requests or directives made by the department. siana and elsewhere; F. An approved assurance organization shall provide the d. current contact information for the professional e department such information that may be necessary and prop mployer organization’s clients that are doing business in Lou er for the execution of the powers and duties of the departme isiana; nt pursuant to this Regulation 102 and the Louisiana Insuran e. cross guarantees of all relevant entities; and ce Code. f. copy of surety bonds providing coverage to the pr ofessional employer organization; 2. basic information regarding the name, address, tele phone number and facsimile number of the controlling perso n(s) of the applicant professional employer organization; 3. pursuant to R.S. 22:1984, financial information of t he applicant professional employer organization, including, but not limited to: a. current fiscal/calendar year end audited financial statements; b. a spreadsheet demonstrating the prior fiscal/calen dar year end audited financial information and year-to-date c alendar quarter updates, if available, including current assets and liabilities, net worth, net worth ratio, working capital, an d net income for each stated period; and c. quarterly certifications by an independent certifie d professional accountant of the timely payment of state and

165 Louisiana Register Vol. 40, No. 12 December 20, 2014 AUTHORITY NOTE: Promulgated in accordance with R.S. 22 ns or applications of Regulation 102 which can be given effe 11, R.S. 22:1750, R.S. 22:1751, R.S. 22:1984, and the Administrati ct without the invalid provision or application, and to that en ve Procedure Act, R.S. 49:950 et seq. d, the provisions of Regulation 102 are severable. HISTORICAL NOTE: Promulgated by the Department of Insur AUTHORITY NOTE: Promulgated in accordance with R.S. 22 ance, Office of the Commissioner, LR 40:2593 (December 2014). 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure §14513. Duration of Approval of an Assurance Organizat Act, R.S. 49:950 et seq. ion HISTORICAL NOTE: Promulgated by the Department of Insur A. Provided the approved assurance organization remain ance, Office of the Commissioner, LR 40:2594 (December 2014). s in compliance with Regulation 102, the approval issued by §14519. Effective Date the commissioner to an assurance organization shall remain i A. This regulation shall become effective on January 1, 2 n effect until the assurance organization withdraws from the 015 after final publication in the Louisiana Register. state or until approval is suspended or revoked. AUTHORITY NOTE: Promulgated in accordance with R.S. 22 AUTHORITY NOTE: Promulgated in accordance with R.S. 22 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure Act, R.S. 49:950 et seq. Act, R.S. 49:950 et seq. HISTORICAL NOTE: Promulgated by the Department of Insur HISTORICAL NOTE: Promulgated by the Department of Insur ance, Office of the Commissioner, LR 40:2594 (December 2014). ance, Office of the Commissioner, LR 40:2594 (December 2014). §14515. Duties of Commissioner James J. Donelon A. Upon the approval of an assurance organization, the c Commissioner ommissioner shall: 1412#068 1. issue a letter to the assurance organization notifying it that it meets the requirements of Regulation 102; and RULE 2. include the assurance organization on the list of app Department of Natural Resources roved assurance organizations that is maintained by the depa Office of Coastal Management rtment. B. In the event that an approved assurance organization n Coastal Mitigation (LAC 43:I.724) o longer meets the requirements of Regulation 102, the com missioner may suspend or revoke such approval and conduct Under the authority of R.S. 49:214.21-49:214.42 and in ac a detailed review of all information provided by the assuranc cordance with the provisions of the Administrative Procedur e organization on behalf of each professional employer orga e Act, R.S. 49:450 et seq., the Department of Natural Resour nization that was registered based upon that assurance organi ces, Office of Coastal Management has amended LAC 43:I.7 zation’s certification. The commissioner will notify each suc 24 relative to the rules and procedures for mitigation. h professional employer organization in writing of any defici This Rule amendment is to provide information on how th encies that have been found, and each such professional emp e coastal mitigation account contribution amounts are derive loyer organization shall be given 60 days to correct any defic d. iencies as may be required to maintain its registration. Title 43 C. Authorization by the department of an assurance orga NATURAL RESOURCES nization to act on behalf of the professional employer organi Part I. Office of the Secretary zation, in complying with the registration requirements of R. Chapter 7. Coastal Management S. 22:1748 and R.S. 22:1751, or for any other reason, shall n Subchapter C. Coastal Use Permits and Mitigation ot limit or change the department’s authority to register or te §724. Rules and Procedures for Mitigation rminate registration of a professional employer organization, A - I.1. … or to investigate, enforce or take any regulatory action pursu 2. Such monetary contributions shall be used to offset ant to any applicable, relevant, and appropriate provision of anticipated unavoidable net losses of ecological values and s Regulation 102 or the Louisiana Insurance Code. hall be selected as the compensatory mitigation option when D. In the event of the failure of any professional employe it is determined that more suitable options are not available t r organization which is registered pursuant to the certificatio o produce the required habitat benefits and replace those hab n of an approved assurance organization to comply with any itat units consistent with any plan adopted pursuant to R.S. 4 provision of R.S. 22:1741 through R.S. 22:1751 or Regulatio 9:214.5.3. n 102, the department shall provide the assurance organizati 3. The secretary shall determine the amount of the mo on 30 days written notice prior to taking action against any b netary contribution. Compensation for compensatory mitigat ond provided by the assurance organization to allow the assu ion of unavoidable loss to aquatic resources for the DNR’s c rance organization to otherwise cure the default or pay the cl oastal mitigation account shall be determined based on an an aim before a claim is filed against any bond. alysis of the expected costs associated with the re-establishm AUTHORITY NOTE: Promulgated in accordance with R.S. 22 ent of the unavoidable loss to aquatic resources in Louisiana’ 11, R.S. 22:1750, R.S. 22:1751, and the Administrative Procedure Act, R.S. 49:950 et seq. s deltaic and chenier plains as a result of permitted use, at th HISTORICAL NOTE: Promulgated by the Department of Insur e time that the mitigation project construction is to be perfor ance, Office of the Commissioner, LR 40:2594 (December 2014). med. §14517. Severability 4. Coastal mitigation account contribution amounts wi A. If any provision of Regulation 102 or its application t ll be derived using a formula. The product of this formula, fo o any person or entity or any circumstance of its application r the average cost per acre for marsh habitat is the sum of the is held invalid, such invalidity shall not affect other provisio cost of mobilization, demobilization, construction of contain

Louisiana Register Vol. 40, No. 12 December 20, 2014 166 ment features, dredging fill, and all other project costs associ RULE ated with the construction of an appropriate representative sa Department of Natural Resources mple of similar projects selected from any of the state’s coas Office of Coastal Management tal protection and restoration programs, to include but not li mited to the following: Coastal Use Permits (LAC 43:I.723) a. Coastal Wetlands Planning, Protection, and Resto ration Act (CWPPRA) Program; b. Coastal Impact Assistance Program (CIAP); Under the authority of R.S. 49:214.21-49:214.42 and in ac c. state surplus-funded projects; and cordance with the provisions of the Administrative Procedur d. other coastal restoration or mitigation projects co e Act, R.S. 49:450 et seq., the Department of Natural Resour ntracted by other political subdivisions of the state of Louisi ces, Office of Coastal Management has amended LAC 43:I.7 ana and federally contracted projects for the previous three c 23 relative to applications for coastal use permits, and relate alendar years prior to the year for which the project is to be d matters. mitigated. The Rule amendment is part of an update of agency rules i i. The cost of each of the projects selected to esta n order to remove overlooked obsolete requirements rendere blish the coastal mitigation account contribution amounts, wi d obsolete by the implementation of technology to assist wit ll be divided by the total number of acres created by the sele h permit processing, and to correct names in the wake of gov cted projects, expressed in dollars per one tenth of an acre. ernment re-organization. This action is not required by feder ii. The assistant secretary of the Office of Coastal al regulation. Management may apply a market correction factor to preven Title 43 t any excess charge, or deficiency that may be caused by ano NATURAL RESOURCES malous market conditions. The application of a market corre Part I. Office of the Secretary ction factor is necessary, so that all costs associated with proj Chapter 7. Coastal Management ect planning and design; construction; plant materials; labor; Subchapter C. Coastal Use Permits and Mitigation legal fees; monitoring; account administration; contingency §723. Rules and Procedures for Coastal Use Permits costs appropriate to the stage of project planning, including A. - B.8.c. … uncertainties in construction and real estate expenses; and th C. Permit Application, Issuance, and Denial e resources necessary for the long term management, mainte 1. General Requirements nance, and protection of the coastal mitigation account funde a. Any applicant for a coastal use permit shall file a d project that are expected to be necessary to ensure successf complete application with the state, or at his option, in areas ul completion of the coastal mitigation account funded proje subject to an approved local coastal management program, w cts are captured by the formula. ith the local government. The department will provide the ap iii. The market correction factor assures the mitiga plication forms and instructions, including example plats and tion liabilities assumed by the fund, are sufficiently compens interpretive assistance, to any interested party. The staffs of t ated by contributions to the fund. he office of coastal management and approved local program 5. The formula for determining the cost per acre fees f s shall be available for consultation prior to submission of an or forested wetlands is the average of the costs of available application and such consultation is strongly recommended. mitigation bank credits, nominalized by their mitigation pote Application forms may be periodically revised to obtain all i ntial, in the coastal zone of Louisiana. nformation necessary for review of the proposed project. 6. These fees shall be reviewed and updated as appropri b. Separate applications shall be made for unrelated ate, published when updated in the Potpourri section of the L projects or projects involving noncontiguous parcels of prop ouisiana Register along with a list of the sample projects use erty. Joint applications may be made in cases of related const d for the formula, or the names of the banks surveyed, reaso ruction involving contiguous parcels of property. ns and supporting documentation for any decision to utilize a 2. Content of Application. The application submitted s market correction factor, and the factor to be used. This infor hall contain the information required on the department prov mation will also be posted on the LDNR website. ided application form, and such additional information as the J. - K.7.c.ii. … secretary determines to be reasonably necessary for proper e AUTHORITY NOTE: Promulgated in accordance with R.S. 49 valuation of an application. 214.41. 3. - 4.f. … HISTORICAL NOTE: Promulgated by the Department of Natu g. Public notice of permit decisions shall be given p ral Resources, Office of the Secretary, LR 21:835 (August 1995), a ursuant to Subparagraph 5.a below. mended by the Department of Natural Resources, Office of Coastal C.5. - H.9.b. … Management, LR 39:1474 (June 2013), LR 39:2775 (October 201 AUTHORITY NOTE: Promulgated in accordance with R.S. 49 3), LR 40:88 (January 2014), LR 40:1010 (May 2014), LR 40:2594 214.21-41. (December 2014). HISTORICAL NOTE: Promulgated by the Department of Natu ral Resources, Office of the Secretary, LR 6:493 (August 1980), am Keith Lovell ended LR 8:519 (October 1982), amended by the Department of Na Assistant Secretary tural Resources, Office of Coastal Restoration and Management, L 1412#031 R 16:625 (July 1990), amended by the Department of Natural Reso urces, Office of the Secretary, LR 21:835 (August 1995), amended by the Department of Natural Resources, Office of Coastal Restorat ion and Management, LR 28:516 (March 2002), amended by the D epartment of Natural Resources, Office of the Secretary, LR 35:218

167 Louisiana Register Vol. 40, No. 12 December 20, 2014 4 (October 2009), LR 35:2188 (October 2009), amended by the De 313.J or transported to an approved commercial facility or tr partment of Natural Resources, Office of Coastal Management, LR ansfer station in accordance with the requirements of LAC 4 39:327 (February 2013), LR 40:2595 (December 2014). 3:XIX.Chapter 5 or under the direction of the commissioner. B. - I.3. … Keith Lovell J. Temporary Use of E and P Waste (Produced Water, Ra Assistant Secretary inwater, Drilling, Workover, Completion and Stimulation Flu 1412#032 ids) for Hydraulic Fracture 1. Produced water, rainwater, drilling, workover, com RULE pletion and stimulation fluids generated at a wellsite (origina Department of Natural Resources ting wellsite) that are classified as E and P waste may be tran Office of Conservation sported offsite for use in hydraulic fracture stimulation opera tions at another wellsite (receiving wellsite) provided that th E and P Waste for Hydraulic Fracture Stimulation e following conditions are met. Statewide Order No. 29-B (LAC 43:XIX.311 and 313) a. The originating wellsite and the receiving wellsit e must have the same operator of record. The Department of Natural Resources, Office of Conserva b. All residual waste generated in the treatment or p tion has amended LAC 43:XIX.311 and 313 in accordance w rocessing of E and P waste prior to its use in hydraulic fractu ith the provisions of the Administrative Procedure Act, R.S. re stimulation operations must be properly disposed of in acc 49:950 et seq., and pursuant to the power delegated under th ordance with the following: e laws of the state of Louisiana. The existing Rule provides f 1.b.i. - 2. … or the conservation of freshwater aquifer resources by allowi AUTHORITY NOTE: Promulgated in accordance with R.S. 30 ng the limited use of exploration and production waste (E an 4 et seq. d P waste) as a substitute for the fluids required to perform fr HISTORICAL NOTE: Promulgated by the Department of Natu ral Resources, Office of Conservation, LR 26:2804 (December 200 acture stimulation operations on the Haynesville Shale only. 0), amended LR 33:1659 (August 2007), LR 35:2464 (November 2 This amendment removes the Haynesville Shale restriction a 009), LR 36:1265 (June 2010), LR 40:2596 (December 2014). nd allows the use of E and P waste on any fracture stimulatio n operation being performed in the state. James H. Welsh Title 43 Commissioner NATURAL RESOURCES 1412#055 Part XIX. Office of ConservationGeneral Operations Subpart 1. Statewide Order No. 29-B RULE Chapter 3. Pollution Control―Onsite Storage, Treat Department of Natural Resources ment and Disposal of Exploration and Pro Office of Conservation duction Waste (E and P Waste) Generated from the Drilling and Production of Oil a Statewide Order No. 29-BTwo Well Tests nd Gas Wells (Oilfield Pit Regulations) Per Year Requirement (LAC 43:XIX.121 and 137) §311. Pit Closure A. Pits must be closed properly to assure protection of so The Department of Natural Resources, Office of Conserva il, surface water, groundwater aquifers and USDW's. Operat tion amends LAC 43:XIX.121 and 137 in accordance with th ors may close pits utilizing onsite land treatment, burial, soli e provisions of the Administrative Procedure Act, R.S. 49:95 dification, onsite land development, or other techniques appr 0 et seq., and pursuant to the power delegated under the laws oved by the Office of Conservation only if done so in compli of the state of Louisiana. The Rule change in §121 codifies t ance with §313 and §315. Otherwise, all E and P waste must he long standing practice of requiring oil and gas operators t be manifested according to §511 and transported offsite to a o conduct two well tests per year. Additionally, as a result of permitted commercial facility unless temporarily used in hyd low or no production, wells drilled to or completed in the M raulic fracture stimulation operations in accordance with the onroe gas rock or requirements of LAC 43:XIX.313.J. B. - F.2. … AUTHORITY NOTE: Promulgated in accordance with R.S. 30 4 et seq. HISTORICAL NOTE: Promulgated by the Department of Natu ral Resources, Office of Conservation, LR 26:2803 (December 200 0), amended LR 33:1658 (August 2007), LR 35:2464 (November 2 009), LR 40:2596 (December 2014). §313. Pit Closure Techniques and Onsite Disposal of E and P Waste A. Reserve pit fluids, as well as drilling muds, cuttings, e tc. from holding tanks, may be disposed of onsite provided t he technical criteria of §313.C, D, E, F, or G below are met, as applicable. All E and P waste must be either disposed of o n-site, temporarily used in hydraulic fracture stimulation ope rations in accordance with the requirements of LAC 43:XIX:

Louisiana Register Vol. 40, No. 12 December 20, 2014 168 stripper oil lease wells shall not be required to conduct we RULE ll tests. The Rule change in §137 updates language to reflect Department of Transportation and Development the proposed Rule change being made in §121. Office of Operations Title 43 NATURAL RESOURCES Ferry Operations (LAC 70:XXV.Chapter 1) Part XIX. Office of ConservationGeneral Operations Subpart 1. Statewide Order No. 29-B In accordance with the provisions of the Administrative Pr Chapter 1. General Provisions ocedure Act, R.S. 49:950 et seq., and through the authority g §121. Production, Production Records, Production Tes ranted in R.S. 48.25 et seq., R.S. 17:157, R.S. 29:27, R.S. 33: ts 1975, R.S. 40:1392, R.S. 48:999, R.S. 48:1000, and R.S. 17: A - C.4. … 158, the Department of Transportation and Development, Of D.1. Each operator shall conduct semi-annual tests on fice of Operations, has repealed Chapter 1 of Part XXV, and all producing/service wells and shall report the results on the replaced it with a new Chapter 1. The Rule is replaced to refl approved forms DM-1-R, oil well deliverability test or DT-1, ect the expiration of tolls on the Crescent City Connection br gas well deliverability test or other method prescribed by the idge, and the legislative transfer of ferry operations from the Office of Conservation no later than the first day of May and Crescent City Connection Division to the Department of Tra November of each year. Well tests shall be conducted a mini nsportation and Development, Office of Operations. The Rul mum of 60 days prior to the required filing date. All wells w e replacement also addresses the legislative authority to cont hich are shut in shall also be shown on this form and the date ract with political subdivisions relative the Chalmette ferry a of last production or date the service well ceased to be used s nd renames Part XXV “Ferry Operations.” hall be indicated. Title 70 2. The requirements of LAC 43:XIX.121.D.1 shall not TRANSPORTATION be applicable for wells drilled to or completed in the Monroe Part XXV. Ferry Operations gas rock or stripper oil lease wells in the Monroe or Shrevep Chapter 1. Toll Collections ort districts. §101. Applicability AUTHORITY NOTE: Promulgated in accordance with R.S. 30 4 et seq. A. This Part shall apply to all ferries owned and operated HISTORICAL NOTE: Adopted by the Department of Conserv by the Department of Transportation and Development (DO ation (August 1943), amended (January 1963), (July 1959), amende TD) within the state of Louisiana, including but not limited t d by the Department of Natural Resources, Office of Conservation, o, ferries operating in the metropolitan New Orleans area. Th LR 40:2597 (December 2014). e metropolitan New Orleans area ferries currently consist of §137. Plugging and Abandonment those ferries, when in operation, that cross at the following l A. All wells wherein production operations or use as a se ocations: rvice well have ceased on or after the effective date of this or 1. Lower Algiers/Chalmette (Chalmette ferry); der shall continue to be reported on the Forms DM-1-R, oil 2. Algiers Point/Canal Street ferry; well deliverability test or DT-1, gas well deliverability test or 3. Gretna/Canal Street ferry. other method prescribed by the Office of Conservation no lat AUTHORITY NOTE: Promulgated in accordance with R.S. 48 er than the first day of May and November of each year with 25 et seq. the appropriate notation that the well is off production or no HISTORICAL NOTE: Promulgated by the Department of Tran longer in use as a service well along with the date of last pro sportation and Development, Office of Operations, LR 40:2597 (De duction or date the service well ceased to be used; and, after cember 2014). six months, if such a well has not been restored to productio §103. Ferry Toll Charges n or use as a service well, it shall thereafter be reported by th A. Tolls will be collected from only one side of the ferry e operator on the semiannual inactive well report, Form INA landings. CT WR-1 which report shall be filed with the Office of Cons B. Except as provided in Subsection D of this Section, th ervation showing the status of such well as of May 1 and No e following toll charges shall apply to all ferries operated by vember 1 of each year. Such wells shall continue to be report DOTD. ed on the Form DM1-R or Form DT-1 showing the date of la Ferry Toll Classification Rate Schedule st production or the date the well ceased to be used as a servi Toll ce well, together with a notation showing the well is carried Each Pedestrian $ 0.50 on the Form INACT WR-1, inactive well report, until the we Each Vehicle $ 1.00 ll is plugged and abandoned. AUTHORITY NOTE: Promulgated in accordance with R.S. 30 C. Each vehicle, its owner or operator, and all occupants 4 et seq. of such vehicle shall be jointly and solidarily liable for the p HISTORICAL NOTE: Adopted by the Department of Conserv ayment of the ferry tolls. ation (August 1943), amended (March 1974), amended by the Depa rtment of Natural Resources, Office of Conservation, LR 40:2597 D. Notwithstanding any other provision to the contrary, i (December 2014). f DOTD enters into a cooperative endeavor agreement with a political subdivision of the state for the continued operation James H. Welsh of the Chalmette ferry, the political subdivision and its ferry Commissioner service contractor shall use best practices to operate and man 1412#063 age ferry service and to establish and collect ferry fares.

169 Louisiana Register Vol. 40, No. 12 December 20, 2014 AUTHORITY NOTE: Promulgated in accordance with R.S. 48 y when such firemen are performing official firefighting or fi 25 et seq. re prevention services. HISTORICAL NOTE: Promulgated by the Department of Tran a. Procedures sportation and Development, Office of Operations, LR 40:2597 (De i. Firemen and volunteer firemen wishing to obta cember 2014). in free passage over any ferry shall present a picture identific §105. Exemptions ation card for inspection by the toll collector. The identificati A. Unless otherwise indicated, the following exemptions on card must be issued by the municipality, parish or district from payments of tolls shall be applicable to ferry passenger as referred to in R.S. 33:1991(A). s using DOTD ferries, including ferries operating in the metr ii. Fireman and volunteer fireman shall be require opolitan New Orleans area. d to sign a register at the ferry station and shall provide the n 1. Students. Students attending a school, including uni ame of the agency, municipality, parish or district for which t versities, colleges, and secondary schools, shall have free pa hey are employed or engaged. ssage during the hours of 6 a.m.-9:30 a.m., and 2:30 p.m.-9:3 iii. Off-duty firemen are not exempt unless, as part 0 p.m., for the purpose of traveling to and from school. of the off duty employee’s official duties, he or she is on call a. Procedures for Students for immediate duty. i. For all DOTD operated ferries, the appropriate 6. Law Enforcement Personnel. Free passage shall be school official, the registrar of the college or university atten granted to all law enforcement personnel employed by a law ded by the student, or the principal, headmaster, or administr enforcement agency on a full-time basis when operating law ator of the school attended by the student, shall provide DOT enforcement agency equipment. D with a letter certifying that the student is enrolled at the sc a. Law enforcement agency means any agency of th hool and the length of the school year and mail same to the e state or its political subdivisions and the federal governme DOTD annex building located at 1212 E. Highway Drive, B nt, responsible for the prevention and detection of crime and aton Rouge, LA 70802, certifying that the student is enrolled the enforcement of the criminal, traffic, or highway laws of t at the school and the length of the school year. his state or similar federal laws and who are employed in thi ii. Upon approval, the student will receive a stude s state. This exemption does not apply to officers who serve i nt pass for free passage. n a voluntary capacity or as honorary officers. iii. Lost, stolen, or damaged vehicle passes will no b. Agencies eligible for this exemption shall include t be replaced. the Louisiana State Police, enforcement division agents of th iv. Loss of Privilege. Any prohibited use of studen e Louisiana Department of Wildlife and Fisheries, sheriff de t vehicle passes will result in the loss of the privilege to obtai partments of the parishes of this state, municipal police depa n and use passes and toll tags and any other remedy provided rtments, levee board police departments, port police departm by law. ents, and United States law enforcement agencies such as Un v. Student exemptions shall expire with each scho ited States Secret Service, the United States Marshal Service ol year. United States Customs and Border Protection, and the Feder 2. School Buses. All easily identified and clearly mark al Bureau of Investigation if employed within Louisiana. ed school buses shall be exempt from the payment of tolls. T c. Law enforcement personnel wishing to gain free his exemption shall include publicly-owned school buses, sc passage on ferries must sign a register at the toll collections s hool buses carrying public students under contract, parochial ite and must produce picture identification. school buses, and private school buses funded in a fashion th 7. All emergency vehicles performing a public service at allows them to publicly display "school bus" thereon or id that permits them, under existing laws and regulations, to dis entified in a like fashion. play emergency vehicle lights in order to carry out police, fir 3. Militia. Any person belonging to the organized milit e and ambulance functions in accordance with the laws relati ia of the state who is in uniform or presents an order for duty ve thereto, when such lights are in actual use. This exemptio shall be allowed free passage for himself, his conveyance, an n shall also apply to emergency vehicles privately owned but d the military property of the state in his charge, on ferries w entitled to such public emergency usage. This exemption sha hile going to, engaged in, or returning from any parade, drill, ll not apply to those vehicles operated by off duty personnel or meeting which he is required to attend, or upon being call unless, as part of the off duty employee’s official duties, he o ed to, engaging in, or returning from any active state duty or r she is on call for immediate duty. dered by the governor. 8. Youth Groups. In accordance with R.S. 48:999, me 4. Disabled Veterans. A disabled American veteran wh mbers of the Boy Scouts of America, the Girls Scouts of Am o provides proper identification shall be allowed free passag erica, and Camp Fire Girls, when assembled in uniform in a e for himself, his conveyance, and his passengers. This exem parade or group consisting of not less than fifteen and under ption shall not apply to the Algiers Point/Canal Street ferry. the supervision of a scout master or other responsible person, 5. Firemen/Volunteer Firemen. Firemen as defined in shall have free and unhampered passage at all times. This ex R.S. 33:1991(A) shall have free and unhampered passage on emption shall not apply to ferries operating under contract w and over toll bridges and ferries in this state, regardless of w ith the Department of Transportation and Development. hether the firemen are in uniform or in civilian clothes, when 9. Parish Employees. In accordance with R.S. 48:1000, the firemen are performing firefighting or related duties. For all employees of parish governing authorities in official pari purposes of this Rule, "related duties" shall include traversin sh governing authority vehicles in their passage to and from g to and from their place of employment. Volunteer firemen work, or on an official project of the parish governing author as defined in R.S. 33:1975(B) shall have free and unhampere ity, shall be exempt from the payment of ferry tolls provided d passage on and over toll bridges and ferries in this state onl

Louisiana Register Vol. 40, No. 12 December 20, 2014 170 the ferry landings are located in the same parish and leased o Unit Head—the head of an operational unit, specifically r controlled by the state. This exemption shall not apply to fe the warden or sheriff or administrator of a local jail facility o rries operating under contract with the Department of Transp r transitional work program. ortation and Development. E. Eligibility Requirements 10. DOTD official vehicles displaying the DOTD logo. 1. Refer to the list of crimes eligible for ameliorative p AUTHORITY NOTE: Promulgated in accordance with R.S. 17 enalty consideration for the list of crimes that are eligible for 157, R.S. 17:158, R.S. 29:27, R.S. 33:1975, R.S. 40:1392, R.S. 48: ameliorative penalty parole consideration for those offenders 999, and R.S. 48:1000. who were convicted or sentenced prior to June 15, 2001. HISTORICAL NOTE: Promulgated by the Department of Tran 2. Pursuant to this regulation, an offender’s applicatio sportation and Development, Office of Operations, LR 40:2598 (De cember 2014). n is not eligible for consideration if there are any outstanding felony detainers or open warrants against the offender. Sherri H. LeBas F. Application Procedures Secretary 1. State Correctional Facilities 1412#050 a. Offenders housed in state correctional facilities w ho meet the eligibility requirements stated in Subsection E. s RULE hall complete an application for ameliorative penalty conside ration and submit the application to the institution’s records Department of Public Safety and Corrections office. Corrections Services b. Within 60 days of receipt of the application, the ARDC/supervisor manager or designee shall review the offe Ameliorative Penalty Consideration (LAC 22:I.321) nder’s application to verify the offender’s eligibility for amel iorative penalty consideration. If the offender is ineligible fo In accordance with the provisions of the Administrative Pr r consideration the ARDC/supervisor manager or designee s ocedure Act (R.S. 49:950), the Department of Public Safety hall indicate the reason for ineligibility on the application an and Corrections, Corrections Services, hereby promulgates S d return a copy to the offender and the Committee on Parole. ection 321, Ameliorative Penalty Consideration. The original application shall be filed in the offender’s maste Title 22 r record. CORRECTIONS, CRIMINAL JUSTICE AND LAW EN c. If the offender is eligible for ameliorative penalty FORCEMENT consideration, the ARDC supervisor/manager or designee sh Part I. Corrections all forward the application and following documents to the C Chapter 3. Adult Services ommittee on Parole: §321. Ameliorative Penalty Consideration i. post sentence and pre-parole reports (if availabl A. Purpose—pursuant to Act No. 340 of the 2014 Regula e); r Session, to provide a consistent and reliable decision-maki ii. Louisiana risk need assessment II (LARNA II); ng process for assessing the risk of certain offenders to com iii. institutional progress report; mit another crime if released from incarceration. This proces iv. conduct record; and s shall also be designed to enhance the motivation of offende v. medical mental health and psychological assess rs to participate in the types of programming that are availab ment(s) and summary. le to prepare them to return to the community successfully w 2. Local Jail Facilities ithout further offense and victimization. a. The office of adult services shall ensure that an a B. Applicability—deputy secretary, undersecretary, chief pplication for ameliorative penalty consideration is provided of operations, regional wardens, wardens, sheriffs or adminis by the basic jail guidelines team leaders to the sheriff or adm trators of local jail facilities, chairman of the Board of Pardo inistrator of each local jail facility within their region. ns and parole and director of the office of information servic b. Offenders who are housed in local jail facilities w es. The deputy secretary and the chairman of the Board of Pa ho meet the eligibility requirements stated in Section E. shall rdons and parole are responsible for the overall implementati complete an application for ameliorative penalty considerati on, compliance and review of this regulation. Each unit head on and submit it to the sheriff or administrator, who shall for is responsible for ensuring that appropriate unit written polic ward the completed application to the chief of operations at y and procedures are in place to comply with the provisions headquarters. of this regulation. c. The chief of operations shall designate OAS staff C. Policy. It is the secretary’s policy that the department to review the offender’s application. Within 60 days of recei shall accept the application of any offender who applies for a pt of the application, OAS staff shall review the application t meliorative penalty consideration pursuant to Act No. 340 of o verify the offender’s eligibility for ameliorative penalty co the 2014 Regular Session. The offender’s application shall b nsideration. If the offender is ineligible for ameliorative pena e reviewed for eligibility pursuant to R.S. 15:308 and those o lty consideration, the reviewing staff member shall indicate t ffenders found eligible for ameliorative penalty consideratio he reason for ineligibility on the application form and the A n shall be referred to the Committee on Parole for further co RDC supervisor/manager or designee shall return a copy to t nsideration retroactive to August 1, 2014. he sheriff or administrator of the local jail facility (who shall D. Definitions notify the offender) and forward a copy to the Committee on ARDC Supervisor/Manager—a member of the records s Parole. The original application shall be filed in the offende taff, whether employed at a state correctional facility or in th r's master record. e office of adult services at headquarters.

171 Louisiana Register Vol. 40, No. 12 December 20, 2014 d. If the offender is eligible for ameliorative penalty HISTORICAL NOTE: Promulgated by the Department of Publ consideration, OAS staff shall forward the application and fo ic Safety and Corrections, Corrections Services LR 40:2599 (Dece llowing documents to the Committee on Parole: mber 2014). i. post sentence and pre-parole reports (if availabl e); and James M. LeBlanc ii. Louisiana risk need assessment II (LARNA II). Secretary G. Records Maintenance. The department’s undersecreta 1412#043 ry, through the Office of Technology Services, shall impleme RULE nt a program to track the number of applications received, de nied, approved for Committee on Parole consideration and th Department of Public Safety and Corrections e number of offenders granted or denied ameliorative penalt Corrections Services y consideration. H. List of Crimes Eligible for Ameliorative Penalty Cons Offender Incentive Pay and Other Wage Compensation ideration (convicted or sentenced prior to June 15, 2001) (LAC 22:I.331)

Citation Description In accordance with the provisions of the Administrative Pr 14:56.2(D) Criminal damage of a pipeline facility ocedure Act (R.S. 49:950), the Department of Public Safety 14:62.1(B) and (C) Simple burglary of a pharmacy and Corrections, Corrections Services, hereby amends the co 14:69.1(B)(2) Illegal possession of stolen firearms 14:70.1(B) Medicaid fraud ntents of Section 331, Offender Incentive Pay and Other Wa 14:82(D) Prostitution ge Compensation. Unauthorized possession or consumption Title 22 of alcoholic beverages on public school CORRECTIONS, CRIMINAL JUSTICE AND LAW EN 14:91.7(C) property FORCEMENT Improper supervision of a minor by parent 14:92.2(B) or legal custodian Part I. Corrections Retaliation by a minor against a parent, Chapter 3. Adult Services 14:92.3(C) legal custodian, witness or complainant §331. Offender Incentive Pay and Other Wage Compe 14:106(G)(2)(a) and (3) Obscenity nsation Promotion or wholesale promotion of 14:106.1(C)(2) obscene devices A. Purpose—to state the secretary’s policy regarding pay 14:119.1(D) Bribery of parents of school children ment of incentive wages and other wage compensations to of Intimidation and interference in the fenders. 14:122.1(D) operation of schools B. Applicability—deputy secretary, undersecretary, chief 14:123(C)(1) and (2) Perjury of operations, director of prison enterprises, regional warden Bribery of withdrawn candidates 14:352 prohibited s and wardens. Each unit head is responsible for ensuring tha Taking of contraband to state owned t appropriate unit written policy and procedures are in place t 14:402.1(B) hospitals o comply with the provisions of this regulation. Sentences for second and subsequent C. Policy. It is the secretary’s policy that compensation s 15:529.1(A)(1)(b)(ii), (c) offenses: certificate of warden or clerk of (ii) court in the state of Louisiana as evidence hall be paid, in accordance with the provisions of this regulat Interception and disclosure of wire, ion, to all offenders who have served at least three years of t 15:1303(B) electronic or oral communications heir sentence in the physical custody of the department and Manufacture, distribution, or possession of who have performed satisfactory work in the job assignment wire, electronic, or oral communication 15:1304(B) intercepting devices prohibited in which they have been classified (except those offenders w 27:262(C), (D) and (E) Skimming of gaming proceeds ho opt to receive good time in lieu of incentive wages in acc 27:309(C) (Now 27:440) Video draw poker crimes and penalties ordance with R.S. 15:571.3). 27:375(C) Unauthorized slot machines, etc. D. Procedures Penalty for distribution or possession with 1. An offender sentenced or resentenced or who is retu intent to distribute narcotic drugs listed in 40:966(B),(C)(1),(D),(E), Schedule I; possession of marijuana, rning to the physical custody of the department on or after S (F),(G) possession of synthetic cannabinoids eptember 20, 2008, who is not eligible to earn good time at a 40:967(B)(1), (2), (3) and Prohibited acts-Schedule II ny rate shall serve three years from the date of reception bef (4)(a) and (b) (F) (1), (2) ore becoming eligible to earn incentive pay. and (3) 40:979(A) Attempt and conspiracy a. Grandfather Clause: The provisions of this Sectio 40:981 Distribution to persons under age eighteen n are applicable to offenders received at the reception and di 40:981.1 Distribution to a student agnostic centers on or after September 20, 2008. Offenders r Soliciting minors to produce, manufacture, eceived at a reception and diagnostic center prior to this date distribute or dispense controlled dangerous shall be subject to the waiting period previously in effect for 40:981.2(B) and (C) substances Violation of uniform controlled dangerous this regulation. Offenders receiving incentive pay on Septem 40:981.3(A)(1) and (E) substances law; drug free zone ber 20, 2008, will not be affected and will continue to be elig Suspension and deferral of sentence and ible to receive incentive pay as they did on that date, but shal C.Cr.P. Art. 893(A) probation in felony cases l be subject to the provisions of Section D.3 as it applies to j ob changes. AUTHORITY NOTE: Promulgated in accordance with R.S. 49 2. An offender sentenced or re-sentenced or who is ret 953. urning to the physical custody of the department on or after

Louisiana Register Vol. 40, No. 12 December 20, 2014 172 September 20, 2008, who is eligible to earn good time at any a. The regional wardens shall work closely with the rate shall not be eligible to earn incentive wages. director of prison enterprises to ensure that any institution th a. Grandfather Clause: Offenders currently earning at exceeds the established limits is brought back into compli good time at a rate of three days for every 17 days served in ance in an expeditious manner. accordance with Act 1099 of the 1995 Regular Session who b. Exception: Offenders who work in prison enterpr are also earning incentive pay shall be allowed to continue to ises job titles will not affect an institution’s pay range percen earn incentive pay at authorized rates. tage limits. 3. Once eligible to earn incentive pay, each offender s 8. Incentive wages shall not be paid for extra duty assi hall initially be paid an “introductory pay level” of two cents gnments that are imposed as sanctions through the offender per hour for a period of six months. After six months, the off disciplinary process. ender shall be paid at the lowest pay rate that is commensura 9. All offenders classified in limited duty status and w te with the job assignment he is placed in by the institution. I ho are eligible to earn incentive wages shall earn at a rate of n the event of a change in an offender’s job assignment or cu no more than $0.04 per hour. This excludes offenders classifi stody status, the offender’s rate of compensation shall autom ed as regular duty with restrictions or those with a temporary atically be adjusted to the lowest pay rate of the assigned job. limited duty status. If a change in job assignment is not for disciplinary reasons, 10. All offenders classified in working cellblocks and the warden may approve the offender to be paid at the same r maximum custody field lines who are eligible to earn incenti ate as the previous job assignment and the rate of compensat ve wages shall earn at the rate of $0.02 per hour. ion shall not be automatically adjusted to the lowest pay rate 11. All offenders assigned to educational or vocational of the new job assignment. programs who are eligible to earn incentive wages shall be p a. Grandfather Clause: Offenders earning incentive aid at the rate of $0.04 per hour. pay at any rate, prior to September 20, 2008, shall continue t a. Exception: Due to the importance of the New Orl o earn at these rates. If the offender is reassigned to a new jo eans Baptist Theological Seminary program and its positive i b or vacates the job for any reason and it has been determine mpact on the department, offenders enrolled in this program d the rate of pay for the job that he is leaving should be lowe shall earn incentive wages at the following rates: r, the next offender to fill that position will receive the adjust i. freshmen: $0.14 per hour; ed lower rate. ii. sophomores: $0.16 per hour; 4. An offender may receive a raise in his hourly pay ra iii. juniors: $0.18 per hour; te of no greater than $0.04 per hour on an annual basis unles iv. seniors: $0.20 per hour. s specifically authorized by mutual agreement of the director b. Upon completion of any educational or vocationa of prison enterprises and the warden of the respective institut l program, the offender may, upon request and at the discreti ion, except as provided in sections D.12 and 13 below. on of the warden and based upon availability, return to the sa 5. No offender shall earn more than 80 hours in a two- me job at the same rate of pay he held prior to enrollment in week period unless specifically authorized by mutual agreem the program. ent of the director of prison enterprises and the warden of the 12. Offenders assigned to prison enterprises industrial, respective institution. agricultural, service or other prison enterprises jobs may be c a. Exception: Offenders assigned to job duties at the ompensated at a rate up to $0.40 per hour. The pay range for governor’s mansion will not be limited to 80 hours bi-weekl these jobs shall be established by the director of prison enter y. prises and approved by the secretary or designee. 6. Any offender who has his incentive pay forfeited as 13. Offender tutors who achieve certification from the a disciplinary sanction shall return to the “introductory pay l Corrections Education Association (CEA) or an NCCER or evel” of two cents per hour for a six month period upon reins other industry based certification may be paid, on a graduati tatement of his right to earn incentive pay. At the end of the s ng scale, up to $1.00 per hour while working as a tutor in the ix month period, the offender’s pay will be automatically adj area of certification. Certified tutors may earn $0.75 per hour usted to the lowest pay rate for the assigned job. during the first twelve months after certification and may rec 7. A series of pay ranges and a standardized list of job eive an annual raise of ten cents per hour, up to a maximum titles shall be established by the director of prison enterprises of $1.00 per hour. and approved by the secretary or designee. The institutions s 14. In accordance with established procedures, offender hall be assigned limits on the total amount of incentive wage s who are participating in the American Sign Language Inter s paid in certain pay ranges. These limits shall be derived on preting Program shall earn incentive wages at the following r a percentage basis determined by the total hours worked by ates: offenders who are eligible to earn incentive pay at each instit a. sign language student I: $0.20 per hour; ution and shall be approved by the director of prison enterpri b. sign language student II/tutor: $0.30 per hour; ses and the secretary or designee. Prison enterprises shall iss c. sign language interpreter student/tutor: $0.50 per ue reports detailing each institution’s status with regard to th hour; eir limits on a quarterly basis. Offender banking shall monito d. sign language interpreter intern/tutor: $0.60 per h r the assigned limits to ensure that the institutions remain wit our. hin their limits and report discrepancies to the chief of operat 15. In accordance with established procedures, offender ions, the appropriate regional warden, the director of prison s working as a mentor/tutor or minister/tutor shall earn incen enterprises and the warden of the institution. tive wages at the following rates: a. lead certified mentor/tutor: $0.75 per hour;

173 Louisiana Register Vol. 40, No. 12 December 20, 2014 b. certified mentor/tutor: $0.65 per hour; Vehicles, the Office of Motor Vehicles has adopted LAC 5 c. peer minister/tutor: $0.50 per hour; 5:III, Chapter 3, Subchapter A, §§300, 331, 333, and 335, to d. mentor/tutor: $0.50 per hour. implement the provisions of R.S. 32:412.1, R.S. 47:463, R.S. 16. Offenders who are eligible to earn incentive wages 47:463.24, R.S. 47:463.44 and R.S. 47:473 as those provisio shall be paid only for actual hours worked in their job assign ns relate to the authorization and issuance of special plates to ment. Offenders shall not be paid for time spent away from t dealers, educators, and retired law enforcement. These four heir job assignment due to circumstances such as holidays, c Sections are new and do not amend or repeal any existing rul allouts, duty status, weather, illness, etc. es. 17. For the purpose of this regulation, income earned fr Title 55 om a private sector/prison industry enhancement (PS/PIE) pr PUBLIC SAFETY ogram or a work release program is not “incentive pay.” The Part III. Motor Vehicles refore, offenders employed in any of these programs may rec Chapter 3. License Plates and Removal of Plates, Reg eive good time in accordance with the law. The director of pr istrations, and Title Transactions ison enterprises shall establish record-keeping procedures rel Subchapter A. Types of License Plates and Removal of Pl ating to wages earned by offenders employed in a PS/PIE pr ates ogram that include all mandatory deductions from offender §300. Issuance of Plates wages, other deductions such as child support or garnishmen A. Unless otherwise provided in law, all special plates sh t and the distribution of net offender wages to offender banki all be assessed the handling charge imposed in R.S. 47:463 ng. (A)(3)(a) and the handling fee imposed in R.S. 32:412.1. E. Sources of Funding B. Unless otherwise provided in law, a replacement plate 1. The Division of Prison Enterprises shall pay all inc for lost plate, and all duplicate registrations, shall be assesse entive wages. d the respective charges for each as provided in R.S. 47:472. 2. Offenders who are employed in a certified PS/PIE p AUTHORITY NOTE: Promulgated in accordance with R.S. 47 rogram shall be paid by the private business that employs the 463(A)(3)(a), R.S. 32:412.1 and R.S. 47:472. m or by prison enterprises depending upon the type of PS/PI HISTORICAL NOTE: Promulgated by the Department of Publ E program that is in operation, in accordance with the terms ic Safety and Corrections, Office of Motor Vehicles, LR 40:2602 (December 2014). stated in the employment agreement. §331. Dealer Plates 3. Offenders who are participating in a transitional wo A. Dealer plates shall only be issued to dealer’s that poss rk program shall be paid by the private business that employ ess a current license issued by either the Louisiana Motor Ve s them, in accordance with the terms outlined in the employ hicle Commission or the Louisiana Used Motor Vehicle Com ment agreement. AUTHORITY NOTE: Promulgated in accordance with R.S. 49 mission. 950. B. The fee shall be issued in accordance to R.S. 47:473 HISTORICAL NOTE: Promulgated by the Department of Publ (E). Plate shall be valid for one year. ic Safety and Corrections, Corrections Services, LR 34:1927 (Septe C. Upon issuance or renewal of a dealer plate, the applic mber 2008), amended LR 36:531 (March 2010), LR 38:1253 (May ant shall submit a copy of the current license as described in 2012), LR 40:2600 (December 2014). Subsection A as well as proof of insurance. D. Dealers licensed by the Louisiana Motor Vehicle Com James M. LeBlanc mission shall be issued dealer plates that differ in appearance Secretary from those issued to dealers licensed by the Louisiana Used 1412#042 Motor Vehicle Commission. RULE 1. Plates issued to dealers licensed by the Louisiana N ew Motor Vehicle Commission shall be printed on a gold bac Department of Public Safety and Corrections kground with black lettering. Office of Motor Vehicles 2. Plates issued to dealers licensed by Louisiana Used Motor Vehicle Commission shall be printed on a white back Dealer, Educator, and Retired Law Officer Plates ground with blue lettering. (LAC 55:III.Chapter 3) E. The Office of Motor Vehicles may suspend or revoke the privileges of any dealer who utilizes a dealer plate or has In accordance with the provisions of R.S. 32:412.1, R.S. 4 allowed the use of a dealer plate for purposes other than wha 7:463(A)(3)(a), R.S. 47:463.24, R.S. 47:463.44 and R.S. 47: t is stated in law. 473, relative to the authority of the Office of Motor F. In the event the dealer’s license is suspended, revoked cancelled, or non-renewed by the appropriate commission, o r the dealer ceases or suspends business for whatever cause, t he dealer shall promptly surrender all dealer plates issued to said dealer to the office of motor vehicles. In the event a plat e is lost, the dealer shall submit an affidavit describing the ci rcumstances of the lost plate in detail. AUTHORITY NOTE: Promulgated in accordance with R.S. 47 473.

Louisiana Register Vol. 40, No. 12 December 20, 2014 174 HISTORICAL NOTE: Promulgated by the Department of Publ RULE ic Safety and Corrections, Office of Motor Vehicles, LR 40:2602 (December 2014). Department of Public Safety and Corrections §333. Louisiana Educator License Plate Office of Motor Vehicles A. Eligibility. Applicants for the Louisiana educator licen se plate shall include any educator educated or employed in Driving Schools—Class D and E Licenses Louisiana. (LAC 55:III.Chapter 1) B. Requirements. A notarized affidavit to certify that app licant is an educator who received his/her degree from a Lou Under the authority of R.S. 37:3270 et seq., and in accord isiana college/university (must name college/university) or is ance with the provisions of the Administrative Procedure Act, currently employed as an educator (must name specific scho R.S. 49:950 et seq., the Office of Motor Vehicles has amend ol). In lieu of the affidavit, proof of degree and employment ed Sections 155, 156 and 157 under Chapter 1, Subchapter A will be acceptable. Applicant shall provide proof of employ and Sections 185 and 187 under Chapter 1, Subchapter C to ment as an educator. A photocopy of the registration certifica implement Act 307 of the 2011 Regular Session which requi te of the vehicle on which the plate will be placed if the vehi red every person properly licensed as a private driving schoo cle is currently registered. If the vehicle is not registered, pro l to administer both the knowledge and on-road driving skills per title documentation and fees must be submitted along wit tests required for the issuance of a class "D" or "E" license in h the request for the Louisiana educator license plate. Louisiana. Effective August 1, 2014, driving schools shall ad C. Fee. The fee for issuance of a Louisiana educator lice minister the knowledge examination for the Office of Motor nse plate shall be in accordance with R.S. 47:463.11. The fee Vehicles. At the end of the classroom course the school shall for transferring such plate to another vehicle shall be a $3 tra administer a final test provided by the department. Passing t nsfer fee in addition to a handling fee. The plates are subject his test will waive the required knowledge test by the Office to regular renewal requirements. of Motor Vehicles. As of July 31, 2014, all private driving sc AUTHORITY NOTE: Promulgated in accordance with R.S. 47 hools have been notified of this procedure. 463.44. The full text of this Rule can be found in the Emergency R HISTORICAL NOTE: Promulgated by the Department of Publ ule section of the September 20, 2014 issue of the Louisiana ic Safety and Corrections, Office of Motor Vehicles, LR 40:2603 Register on pages 1666-1669. (December 2014). §335. Retired Law Officer License Plate Jill P. Boudreaux A. Eligibility. Applicants for the retired law officer plate Undersecretary shall include any person who was employed as a law officer 1412#060 for 12 years or more. B. Requirements. The applicant shall provide proof of e RULE mployment as a law officer for twelve years or more, regardl ess of whether or not that person is a member of, or is receiv Department of Public Safety and Corrections ing retirement benefits from a retirement system for law offi Office of Motor Vehicles cers. A notarized affidavit from the applicant to include the a pplicant's place of employment and statements attesting that Driving Schools—Surety Bonds the applicant was not discharged for misconduct related to hi (LAC 55:III.146 and 147) s employment and has not been convicted of any felony. The affidavit must be submitted at initial issuance and at each ren Under the authority of R.S. 37:3270 et seq., and in accord ewal. A photocopy of the registration certificate of the vehicl ance with the provisions of the Administrative Procedure Act, e on which the plate will be placed if the vehicle is currently R.S. 49:950 et seq., the Office of Motor Vehicles hereby am registered. If the vehicle is not registered in the applicant's n ends Sections 146 and 147 under Chapter 1 to implement Ac ame, then all necessary documentation required for titling of t 307 of the 2014 Regular Session which required every priv the vehicle must be submitted along with the request for the ate driving school to execute a good and sufficient surety bo retired law officer license plate. nd with a surety company qualified to do business in Louisia C. Fee. The fee for issuance of a retired law officer licen na as surety, in the sum of $40,000. se plate shall be in accordance with R.S. 47:463.24. A $3 fee Title 55 and a handling fee shall be due to transfer the plate to anothe PUBLIC SAFETY r vehicle in the applicant’s name. The plates are subject to re Part III. Motor Vehicles gular renewal requirements. Chapter 1. Driver’s License AUTHORITY NOTE: Promulgated in accordance with R.S. 47 Subchapter A. General Requirements 463.24. §146. Application Process and Fees for Private Driving HISTORICAL NOTE: Promulgated by the Department of Publ Schools and Instructors ic Safety and Corrections, Office of Motor Vehicles, LR 40:2603 A. - A.2.j. … (December 2014). k. a surety bond in the amount of $40.000; l. a written document between the student and scho Jill P. Boudreaux ol, as defined in LAC 55.III.147.B.3. Undersecretary B. - E.8. … 1412#076 AUTHORITY NOTE: Promulgated in accordance with R.S. 32 402.1(A)(1), R.S. 40:1461 and R.S. 40:1462.

175 Louisiana Register Vol. 40, No. 12 December 20, 2014 HISTORICAL NOTE: Promulgated by the Department of Publ Title 55 ic Safety and Corrections, Office of Motor Vehicles, LR 38:1976 PUBLIC SAFETY (August 2012), amended LR 40:2603 (December 2014). Part III. Motor Vehicles §147. General Regulations for Private Driving Schools Chapter 4. Specifications for Electronic Reporting Of A. - A.12. … Interlock Device Installation/Removal B. Surety Bond §401. Introduction 1. School owners shall be required to maintain a $40,0 A. Effective August 15, 2011, Act 192 of the 2011 Regul 00 surety bond while maintaining a license to operate a drivi ar Session of the Louisiana Legislature requires ignition inte ng school. rlock device reports to be submitted electronically. The perso 2. OMV shall be listed as the obligee. n whose driving privilege is restricted pursuant to this Sectio 3. The school shall provide a written document detaili n, or which has been reinstated pursuant to R.S. 32:667(I), s ng the services to be provided for the fee charged. This docu hall have the system monitored by the manufacturer, at the ment shall be signed by the parent (if the student is a minor) manufacturer's expense, for proper use at least bi-monthly, a or a student (if over the age of eighteen) and the school own nd more frequently as the court may order, on the operation er. A paid receipt shall be furnished to the parent/student. Thi of each interlocking ignition device in the person's vehicles. s receipt may be part of this document or a separate docume A report of such monitoring shall be issued by the manufactu nt. rer to the court and the department within fourteen days after 4. Students (over eighteen) or parents (of minor stude the system is monitored. However, the report issued to the de nts) may file with DPS for reimbursement of all or part of th partment shall be in an electronic format specified by the de e course fee when the school or its instructors fail to provide partment. the instruction as required by statute and these rules. AUTHORITY NOTE: Promulgated in accordance with R.S. 32 5. Once a Certificate of Completion is accepted by DP 378.2(H). S and a credential is issued, the parent/student may not file a HISTORICAL NOTE: Promulgated by the Department of Publ gainst the bond. ic Safety and Corrections, Office of Motor Vehicles, LR 40:2604 6. The parent/student must complete a claim form and (December 2014). submit the form and supporting documents with the claim to §403. Definitions OMV for consideration. Authorized Manufacturer―name of manufacturers approv AUTHORITY NOTE: Promulgated in accordance with R.S. 32 ed by State Police Applied Technology. 402.1(A)(1), R.S. 40:1461 and R.S. 40:1462. Business Days―business days are Monday through Friday HISTORICAL NOTE: Promulgated by the Department of Publ between 8 a.m. and 4:30 p.m. central time. Business days do ic Safety and Corrections, Office of Motor Vehicles, LR 38:1977 not include Saturday, Sunday or state holidays, or any other (August 2012), amended LR 40:2604 (December 2014). holiday declared by the governor. Department―Department of Public Safety and Correction Jill P. Boudreaux s, Office of Motor Vehicles. Undersecretary Edit Error―a record submitted by an authorized manufact 1412#061 urer unacceptable for filing purposes due to the absence of in RULE formation in a required field or the presence of invalid infor mation in the key data fields is an edit error. Key data fields Department of Public Safety and Corrections are identified and detailed in §405. A record which is returne Office of Motor Vehicles d to an authorized manufacturer as an edit error is not a filin g. The record shall be corrected and re-reported within 15 bu Electronic Reporting of Interlock Installation siness days of the return-date. (LAC 55:III.Chapter 4) Return Filing Report―a report prepared by the departmen t for an authorized manufacturer following completion of pr In accordance with the provisions of R.S. 32:378.2(H), rel ocessing and editing of data. The report will contain any erro ative to the authority of the Office of Motor Vehicles, the Off r records or, if no errors are found, a message stating “No Er ice of Motor Vehicles has adopted LAC 55:III, Chapter 4, §§ rors in File”. It is the responsibility of the authorized manufa 401-417, to implement the provisions of R.S, 32:378.2(H) as cturer to review and take the necessary corrective action as r enacted by Act 192 of the 2011 Regular Session as it relates t equired by these rules and regulations. If the file cannot be p o the electronic submission of reports regarding the operatio rocessed, no return report will be sent. The file must be corre n of ignition interlock devices installed on motor vehicles in cted and all of the filing records must be resubmitted. None connections with the issuance of a restricted or hardship driv of the filing records submitted with an incomplete or incorre er’s license, or in connection with the reinstatement of a driv ct header record will be accepted. er’s license pursuant to R.S. 32:667(I). This Chapter and all Test File Indicator―if the submitted file is a test file, the t Sections are new. est file indicator must be set in the header record to insure th at the test records are not uploaded to the database. The IT st aff must be contacted to schedule a test prior to the test file b eing uploaded to the server. AUTHORITY NOTE: Promulgated in accordance with R.S. 32 378.2(H).

Louisiana Register Vol. 40, No. 12 December 20, 2014 176 HISTORICAL NOTE: Promulgated by the Department of Publ D. Date Fields. The date fields, driver DOB, installation ic Safety and Corrections, Office of Motor Vehicles, LR 40:2604 date and removal date must be reported in the format CCYY (December 2014). MMDD. For example, July 1, 2012 is entered as “2012070 §405. Record Formats 1”. A. The following format shall be used by an authorized AUTHORITY NOTE: Promulgated in accordance with R.S. 32 manufacturer for submitting electronic filing of the report re 378.2(H). quired by R.S. 32:378.2(H). HISTORICAL NOTE: Promulgated by the Department of Publ 1. Header Record ic Safety and Corrections, Office of Motor Vehicles, LR 40:2605 (December 2014). Char Pos Type Data Description Format §409. Record Descriptions 1 - 4 Num (4) Manufacturer Code A. Header Record. The header record has a record type = 5 - 12 Num (8) Date Created CCYYMMD “3”. It must be the first record on the filing. Filings will not D be processed if the header record does not pass all edit check 13 - 19 Num (7) Number of Records in 9999999 Filing s. If an error is encountered in the header record, no return re 20 - 20 Alpha (1) Test File Indicator T (Test) or port will be sent back to the servicing agent: P (Production) 1. manufacturer codenumber assigned by DPS IT se 21 - 176 Alpha Filler Spaces ction to authorized manufacturer. This is a required field; (156) 177 - 177 Num (1) Record Type 3 (Header) 2. date createdthis is the date the file was created. T his is a required field; 2. Interlock Filing Record 3. number of records in filingnumber of records to be processed (This number should not include the header rec Char Pos Type Data Description Format ord.); 1 - 9 Num (9) Driver’s License Number Right justified, zero fill if not 4. test indicatorT in the header indicates a test file; available P indicates a production file. This is a required field; 10 - 49 A/N (40) Driver Name Last, First 5. fillerunused. Should be space filled; 50 - 57 Num (8) Driver DOB CCYYMMDD 58 - 77 A/N (20) Driver Street 6. record typeuse a “3”. This is a required field. 78 - 92 Alpha (15) Driver City AUTHORITY NOTE: Promulgated in accordance with R.S. 32 93 - 94 Alpha (2) Driver State 378.2(H). 95 - 99 Num (5) Driver Zip Code 100 - 116 A/N (17) VIN HISTORICAL NOTE: Promulgated by the Department of Publ 117 - 119 A/N (3) Installer ID Code ic Safety and Corrections, Office of Motor Vehicles, LR 40:2605 120 - 139 A/N (20) Manufacturer’s Name (December 2014). 140 - 159 A/N (20) Machine Serial Number §411. Interlock Filing Record 160 - 167 Num (8) Installation Date CCYYMMDD 168 -175 Num (8) Removal Date CCYYMMDD A. The following fields are required unless otherwise not 176 - 176 Num (1) Reporting Type 1, 2, 3, 4, or 5 ed. The filing records must have a record type = “1”. If an er 177 - 177 Num (1) Record Type 1 (Data Record) ror on any of the required fields is encountered, a description of the error will be written to the return report. These records AUTHORITY NOTE: Promulgated in accordance with R.S. 32 will not be processed and must be corrected and resent: 378.2(H). 1. driver’s license number—driver’s license (required); HISTORICAL NOTE: Promulgated by the Department of Publ ic Safety and Corrections, Office of Motor Vehicles, LR 40:2604 2. driver name—the name of the person whose driver’ (December 2014). s license is being submitted (required); §407. Data Requirements 3. driver dob—the date of birth of the person whose dr A. Files. Authorized manufacturers may only send in one iver’s license is being submitted (required); file per day to the secure DMZ move it server. This file must 4. driver street—the street address of the person whos be named XXXX.txt where XXXX is equal to the manufactu e driver’s license is being submitted (required); rer code number assigned to the authorized manufacturer by 5. driver city—the city in which the person whose dri the department. ver’s license is being submitted resides (required); B. Records 6. driver state—the state in which the person whose dr 1. Two types of records may be present on the file. iver’s license is being submitted resides (required); a. The first record in the file must be a header recor 7. river zip code—the zip code of the person whose dr d and have record type = 3. iver’s license is being submitted (required); b. All subsequent records are the filing records and 8. VIN—The vehicle identification number of the veh must have a record type = 1. icle the interlock is placed in (required); 2. No trailer record is supplied. All records are 177 ch 9. installer ID code—code assigned by manufacturer u aracters in length. sed to identify individual installers; 3. Record descriptions are in the Record Formats, §40 10. manufacturer’s name—the manufacturer’s name on 5 and the Record Description, §409. the interlock device installed in the vehicle (required); C. Field Justification 11. machine serial number—the serial number on the in 1. Items with a field type of alpha or A/N should be le terlock device installed in the vehicle (required); ft-justified and trailing characters space-filled. 12. installation date—the date the interlock device was 2. Items with a field type of num should be right-justif installed in the vehicle (required); ied and leading characters zero-filled. 13. removal date—the date the interlock device was re moved from the vehicle (required);

177 Louisiana Register Vol. 40, No. 12 December 20, 2014 14. reporting type—reporting types are “1” = Removed, 7. VIN: “VIN required”—this is a required field; “2” = Tampered, “3” = Failed to start test, “4” = Rolling rete 8. manufacturer’s name: “manufacturer’s name requir st failed, “5” = Install (required); ed”—this is a required field; 15. record type—record type is “1” (required). 9. machine serial number: “serial number required”—t AUTHORITY NOTE: Promulgated in accordance with R.S. 32 his is a required field; 378.2(H). 10. installation date: “installation date required”—this i HISTORICAL NOTE: Promulgated by the Department of Publ s a required field; ic Safety and Corrections, Office of Motor Vehicles, LR 40:2605 a. “installation date must be numeric”—this is a nu (December 2014). meric field; §413. Reporting Instructions b. “installation date format is CCYYMMDD”—All A. The Louisiana Department of Public Safety and Corre dates are CCYYMMDD; ctions utilizes the move it server as the method of exchangin c. “installation date > today’s date”—installation da g electronic data for interlock installation/removal reporting. te cannot be in the future; The “information exchange” service allows secure electronic d. “installation date > removal date”—removal date data transfer between the department and each authorized m cannot be prior to the installation date; anufacturer. Any authorized manufacturer not currently repor 11. removal date: “removal date required”—this is a re ting to OMV on the move it Server shall send an e-mail a req quired field; uest to access this system to [email protected] for the pu a. “removal date must be numeric”—this is a numer rpose of reporting interlock installations/removals electronic ic field; ally. b. “removal date format is CCYYMMDD”—all dat B. A test filing shall be submitted for all new companies. es are CCYYMMDD; A test filing shall also be submitted when record format chan c. “removal date > today’s date”—removal date can ges are made. Please notify the Information Technology Cen not be in the future; ter before a test file is sent to allow for scheduling. Files will d. “removal date < installation date”—removal date not be tested unless scheduled. cannot be prior to the installation date; C. Authorized manufacturers may only file once per busi 12. reporting type: ness day. The department will retrieve filings only once per a. “reporting type is required”—this is a required fi day. Any filing not sent before this retrieval time will be con eld; sidered filed on the next day. b. “reporting type is invalid”—this field must have D. After processing, information will be returned back to a value of 1, 2, 3, 4 or 5; the reporting authorized manufacturer. The returned data can 13. record type: “record type required”—this is a requir be accessed via the move it server. ed field. E. It is the responsibility of the authorized manufacturer AUTHORITY NOTE: Promulgated in accordance with R.S. 32 to read the returned filing, correct any errors and resend the 378.2(H). corrected filings. HISTORICAL NOTE: Promulgated by the Department of Publ AUTHORITY NOTE: Promulgated in accordance with R.S. 32 ic Safety and Corrections, Office of Motor Vehicles, LR 40:2606 378.2(H). (December 2014). HISTORICAL NOTE: Promulgated by the Department of Publ §417. Contact Information ic Safety and Corrections, Office of Motor Vehicles, LR 40:2606 A. Procedural questions concerning this regulation shoul (December 2014). d be referred to: §415. Error Messages A. The following error message will be sent for submissi Mailing Address— ons by an authorized manufacturer: Attention: Impaired Driver Withdrawal Unit LA DPS Office of Motor Vehicles 1. driver name: “name required”—this is a required fi P.O. Box 64886 eld. The correct format is last,first; Baton Rouge, LA 70896 2. driver DOB: a. “date of birth required”—this is a required field; Email: [email protected] b. “DOB must be numeric”—this is a numeric field; Phone Numbers: (225) 925-6146 c. “DOB format is CCYYMMDD”—all dates are C B. Technical questions concerning this regulation should CYYMMDD; be referred to: d. “DOB greater than today’s date”—date of birth > Mailing Address— process date; Attention: DMB Project Leader 3. driver street: “driver street required”—this is a requ Louisiana Dept. of Public Safety ired field; Information Technology Center 4. driver city: “driver city required”—this is a require 8001 Independence Boulevard Baton Rouge, LA 70806 d field; 5. driver state: “driver state required”—this is a requir Email: [email protected] ed field; Phone Number: (225) 925-6226 6. driver zip code: “driver zip code required”—this is AUTHORITY NOTE: Promulgated in accordance with R.S. 32 a required field; 378.2(H). a. driver zip code must be numeric”—this is a nume ric field;

Louisiana Register Vol. 40, No. 12 December 20, 2014 178 HISTORICAL NOTE: Promulgated by the Department of Publ ed to purchase a replacement plate and pay any applicable re ic Safety and Corrections, Office of Motor Vehicles, LR 40:2606 gistration fees. (December 2014). E. After the expiration of the 10 day period, the vehicle s hall not be operated on the public streets and highways until Jill P. Boudreaux the motor vehicle is registered in accordance with this law. I Undersecretary n the event the motor vehicle is being driven after the expirat 1412#074 ion of the temporary sticker, the motor vehicle shall be impo unded. F.1. A hardship license plate will be issued for the vehicle RULE being operated at the time of the violation if the applicant su Department of Public Safety and Corrections bmits an application for hardship plate and provides sufficie Office of Motor Vehicles nt documentation and information substantiating the claim th at the removal of the vehicle's license plate and the suspensi Removal of License Plate when on or revocation of his driving privileges will deprive him or Owner/Operator is Suspended (LAC 55:III.329) his family of the necessities of life, or will prevent him or his family from earning a livelihood. In accordance with the provisions of R.S. 32:415.2, relativ 2. If the department finds that the removal of the vehic e to the authority of the Office of Motor Vehicles, the Office le's license plate and the suspension or revocation of his driv of Motor Vehicles has adopted LAC 55:III, Chapter 3, Subch ing privileges will deprive him or his family of the necessitie apter A, §329, to implement the provisions of R.S. 32:415.2 s of life, or will prevent him or his family from earning a liv as enacted by Act 802 of the 2014 Regular Session as it relat elihood, the department may issue a hardship license plate to es to the removal of license plates and the revocation of regis be placed on the motor vehicle. tration privileges when the owner of a motor vehicle has bee 3. A hardship license plate shall be a valid plate type o n determined to be operating that motor vehicle with a suspe n all motor vehicles with the exception of those operating un nded driver’s license, and to provide for the issuance of a har der one of the following plate types at the time of the violati dship license plate if the registration privileges are revoked. on. The following plate types at the time of the violation shal Title 55 l be eligible for reissue of the same plate type. The vehicle re PUBLIC SAFETY cord will be flagged as having been issued a notice of suspen Part III. Motor Vehicles sion and use of the vehicle is being permitted as a result of a Chapter 3. License Plates and Removal of Plates, Reg departmentally approved hardship: istrations, and Title Transactions a. mobility impaired plate; Subchapter A. Types of License Plates and Removal of Pl b. hearing impaired plate; ates c. disabled veteran plate; §329. Removal of License Plate When Owner/Operato d. forest plate; r Is Suspended e. gravel plate; A. At the time of a law enforcement stop, if the operator f. city use plate; of the vehicle is found to have a suspended license and it is f g. farm plate. urther determined that operator is the sole owner of the vehic 4. A hardship license plate is not a driver’s license, an le the following will occur. d is not an authorization to drive for a person whose driving 1. Notice of suspension ticket will be issued to the ope privileges are suspended or otherwise denied. Any person op rator of the vehicle. erating a motor vehicle with a hardship plate shall possess a 2. A sticker will be placed on the back of the rear win valid driver’s license at all times, and such person shall com dshield of the vehicle being operated. ply with all laws regulating driver’s licenses and driving priv 3. The law enforcement office will remove the plate fr ileges. om the vehicle. AUTHORITY NOTE: Promulgated in accordance with R.S. 32 4. The officer will turn the ticket and the plate into the 415.2 (D)(1). local Office of Motor Vehicles office within three business d HISTORICAL NOTE: Promulgated by the Department of Publ ic Safety and Corrections, Office of Motor Vehicles, LR 40:2607 ays. (December 2014). B. Upon receipt of the notice of suspension, the Office of Motor Vehicles will confirm the operator is the sole owner of Jill P. Boudreaux the vehicle and their operating privileges were suspended at t Undersecretary he time of the violation. 1412#075 C. The owner/operator of the vehicle has 10 business day s upon receiving the violation to clear their driving record of all fines and suspensions with the proper compliance to have their plate returned to them. D. If the owner does not clear all fines and suspensions within the 10 business days of the issuance of the violation, t he Office of Motor Vehicles will destroy the plate. Operators complying with the law after ten business days will be requir

179 Louisiana Register Vol. 40, No. 12 December 20, 2014 RULE §397. Water Damaged Vehicles A. A motor vehicle whose power train, computer, or elec Department of Public Safety and Corrections trical systems have sustained water damage that does not me Office of Motor Vehicles et the criteria for a salvage title or a certificate of destruction, shall be issued a branded title indicating the vehicle has sust Title Transactions (LAC 55:III.395 and 397) ained water damage. B. The power train shall include the main components th In accordance with the provisions of R.S. 32:705.1 for don at generate power and deliver the power to the road surface, ations of motor vehicles in connection with a new car dealer including but not limited to the engine, the transmission or tr transaction and R.S. 32:707(O) for water damaged vehicles ansaxle including associated axles and CV joints, the drive s which do not meet the salvage threshold, relative to the auth hafts, and the differentials. ority of the Office of Motor Vehicles, the Office of Motor Ve C. The insurance company, owner, or dealer, applying fo hicles has adopted LAC 55:III, Chapter 3, Subchapter D, §3 r the water damage brand on a motor vehicle which does not 95, to implement the provisions of R.S. 32:705.1 as enacted meet the criteria for a salvage title or certificate of destructio by Act 464 of the 2014 Regular Session as it relates to water n shall provide documentation satisfactory to the Office of damaged vehicles, and has adopted LAC 55:III, Chapter 3, S Motor Vehicle documenting the value of the vehicle, the dam ubchapter D, §397, to implement the provisions of R.S. 32:7 ages sustained, the circumstance that caused the damage, an 07(O) as it relates to donated motor vehicles in connection w d the amount of the costs of the repairs to the vehicle which ith a transaction at a dealer licensed by the Louisiana Motor establish the vehicles eligibility for the brand authorized in t Vehicle Commission. Subchapter D as well as §395 and §39 his Section. 7 are new Sections and do not amend or repeal any existing D. A vehicle which meets the criteria for a salvage title o Sections. r a certificate of destructions shall not be issue the certificate Title 55 of title with the water damage brand authorized in this sectio PUBLIC SAFETY n. A vehicle which meets the criteria salvage title or certifica Part III. Motor Vehicles te of destruction shall be issued the respective title document Chapter 3. License Plates and Removal of Plates, Reg associated with its damages and the circumstances that cause istrations, and Title Transactions d the damages. Subchapter D. Title Transactions AUTHORITY NOTE: Promulgated in accordance with R.S. 32 §395. Donations by Manual Gift at a Louisiana Motor 707(O). Vehicle Commission Licensed Dealer HISTORICAL NOTE: Promulgated by the Department of Publ A. The donation of a titled motor vehicle by manual gift ic Safety and Corrections, Office of Motor Vehicles, LR 40:2608 as provided by Civil Code article 1543 and documented by d (December 2014). elivery of the motor vehicle's previously issued certificate of title that is executed by the donor-owner may be submitted t Jill P. Bourdreaux o the Office of Motor Vehicles in connection with a motor ve Undersecretary hicle transaction by a Louisiana Motor Vehicle Commission 1412#073 licensed dealer. B. Subsequent to donation of a titled motor vehicle by m RULE anual gift authorized in the previous paragraph, the licensed Department of Public Safety dealer shall cause the donor and the donee to execute the for Office of State Police m approved by the department that memorialized the fact the donation was accomplished by manual gift. This completed f Explosives—Inventory Reporting and Recordkeeping orm, together with the previously issued title, duly endorsed, (LAC 33:V.10107 and LAC 55:I.1505) shall accompany the paperwork submitted by, or on behalf o f the dealer, to the Office of Motor Vehicles. The Department of Public Safety and Corrections, Office C. Any transaction, which includes a donation by manual of State Police, in accordance with R.S. 49:950 et seq., R.S. gift, submitted by, or on behalf of the dealer, to the Office of 30:2361 et seq., and R.S. 40:1472.1 et seq., hereby amends it Motor Vehicles, which does not include the completed form s rules regulating hazardous materials and explosives to esta required in this Section, shall not be processed and shall be r blish a five year retention period for explosives records and t eturned to the dealer who submitted the transactions. o specify inventory reporting requirements for explosives ma D. Nothing in this Section shall prohibit a dealer licensed gazines. by the Louisiana Motor Vehicle Commission from submittin Title 33 g a transaction which includes a donation by authentic act. ENVIRONMENTAL QUALITY E. Donations of motor vehicles not associated with a tran Part V. Hazardous Wastes and Hazardous Materials saction by a dealer licensed by the Louisiana Motor Vehicle Subpart 2. Department of Public Safety and Corrections Commission shall be by authentic act. —Hazardous Materials AUTHORITY NOTE: Promulgated in accordance with R.S. 32 Chapter 101. Hazardous Material Information Develop 705.1. ment, Preparedness and Response Act HISTORICAL NOTE: Promulgated by the Department of Publ ic Safety and Corrections, Office of Motor Vehicles, LR 40:2608 §10107. Alternate Means of Compliance—Inventory Re (December 2014). porting A. - C.4.a. ...

Louisiana Register Vol. 40, No. 12 December 20, 2014 180 b. Facilities with type 2 explosives magazines and/o 2 IRC Part V-Mechanical, replacing the 2006 IRC chapter 11 r type 3 explosives magazines as described in LAC 55, Part I, reference with the 2009 IRC chapter 11 reference, adopting a Chapter 15, licensed pursuant to and in full compliance with ppendix G of the 2012 IRC and by allowing currently emplo the Louisiana State Police Explosives Code are exempt from yed individuals to have provisional certifications if promoted inventory reporting if no hazardous materials other than expl to a position. osives are present on the facility. However, all incidents or re Title 55 leases involving explosives are subject to the reporting requi PUBLIC SAFETY red herein. Facilities with type 1, type 4, and/or type 5 explo Part VI. Uniform Construction Code sives magazines as described in LAC 55, Part I, Chapter 15, Chapter 3. Adoption of the Louisiana State Uniform shall file annual inventory reports. Construction Code 5. - 6.f. ... §301. Louisiana State Uniform Construction Code AUTHORITY NOTE: Promulgated in accordance with R.S. 30 A. In accordance with the requirements set forth in R.S. 2361 et seq. 40:1730.28, effective January 1, 2015 the following is hereb HISTORICAL NOTE: Promulgated by the Department of Publ y adopted as an amendment to the Louisiana State ic Safety and Corrections, Office of State Police, LR 12:327 (May 1986), amended LR 13:184 (March 1987), LR 13:759 (December 1 987), LR 14:802 (November 1988), LR 16:974 (November 1990), LR 27:859 (June 2001), LR 31:693 (March 2005), amended LR 40: 2608 (December 2014). Title 55 PUBLIC SAFETY Part I. State Police Chapter 15. Explosives Code Subchapter A. General § 1505. General Administrative Requirements A. - K.1. ... L. Licensees shall keep records required by this Chapter on the business premises for five years from the date a transa ction occurs or until discontinuance of business or operation s by the licensee. AUTHORITY NOTE: Promulgated in accordance with R.S. 40: 1472.1 et seq. HISTORICAL NOTE: Filed by the Department of Public Safet y, Office of State Police, at the Office of the State Register, 1974, p romulgated and amended LR 10:803 (October 1984), amended by t he Department of Public Safety and Corrections, Office of State Pol ice, Transportation and Environmental Safety Section, Explosive C ontrol Unit, LR 22:1230 (December 1996), amended by the Depart ment of Public Safety and Corrections, Office of State Police, LR 3 4:2674 (December 2008), LR 35:491 (March 2009), LR 36:550 (M arch 2010), LR 40:2609 (December 2014).

Jill P. Boudreaux Undersecretary 1412#044

RULE Department of Public Safety and Corrections Uniform Construction Code Council

Uniform Construction Code (LAC 55:VI.301 and 901)

In accordance with the provisions of R.S. 40:1730.22(C) a nd (D), R.S. 40:1730.26 and R.S. 40:1730.28, relative to the authority of the Louisiana State Uniform Construction Code Council (LSUCCC) to promulgate and enforce rules and in a ccordance with R.S. 49:953(B), the Administrative Procedur e Act, the Department of Public Safety and Corrections, Offi ce of the State Fire Marshal, Louisiana State Uniform Constr uction Code Council (LSUCCC) hereby amends and adopts t he following Rule regarding construction codes and registrat ion by replacing the Louisiana one- and two-family supplem ent to the 2006 International Mechanical Code with the 201

181 Louisiana Register Vol. 40, No. 12 December 20, 2014 Uniform Construction Code. (The “Louisiana State Plumb ing Code” shall replace all references to the “International Pl umbing Code” in the following codes.) 1. - 2. … 3.a. International Residential Code, 2012 Edition, not i ncluding Parts I-Administrative, VII-Plumbing and VIII-Ele ctrical. The applicable standards referenced in that code are i ncluded for regulation of construction within this state. The e nforcement of such standards shall be mandatory only with r espect to new construction, reconstruction, additions to hom es previously built to the International Residential Code, and extensive alterations. Appendix G, Swimming Pools, Spas a nd Hot Tubs is adopted and at the option of a parish, municip ality, or regional planning commission, Section AG105 Barri er Requirements may be altered. Appendix J, Existing Buildi ngs and Structures, may be adopted and enforced only at the option of a parish, municipality, or regional planning commi ssion. a.i. - c.i. … d. Amend Section R303.4 Mechanical Ventilation. When a blower door test is performed, and the air infiltration rate of a dwelling unit is less than 5 air changes per hour wh en tested in accordance with the 2009 IRC Section N1102.4. 2.1, the dwelling unit shall be provided with whole-house m echanical ventilation in accordance with Section M1507.3. e. Additionally, IRC shall be amended as follows an d shall only apply to the International Residential Code. i. Adopt and Amend 2012 IRC Section 313.1 To wnhouse Automatic Sprinkler System. Per Act No. 685 of th e 2010 Regular Session of the Louisiana Legislature, the cou ncil shall not adopt or enforce any part of the International R esidential Code or any other code or regulation that requires a fire protection sprinkler system in one- or two-family dwel lings. Further, no municipality or parish shall adopt or enforc e an ordinance or other regulation requiring a fire protection sprinkler system in one- or two-family dwellings. Where no sprinkler system is installed a common 2-hour fire-resistanc e-rated wall is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. Electrical installations shall be installed in accordance with the 2011 NEC. Penetrations of electrical outlet boxes shall be in accordance with Section R302.4 (a). Exception: If an owner voluntarily chooses t o install an automatic residential fire sprinkler system it shall be installed per Section R313.1.1 Design and installation. Au tomatic residential fire sprinkler systems for townhouses shal l be designed and installed in accordance with NFPA 13D an d Table 302.1 (2) Exterior Walls-Dwellings with Fire sprinkl ers may be used for separation requirements. ii. Adopt and Amend 2012 IRC Section 313.2 On e- and Two-Family Dwellings Automatic Fire Systems. Per Act No. 685 of the 2010 Regular Session of the Louisiana L egislature, the Council shall not adopt or enforce any part of the International Residential Code or any other code or regul ation that requires a fire protection sprinkler system in one- or two-family dwellings. Further, no municipality or parish s hall adopt or enforce an ordinance or

Louisiana Register Vol. 40, No. 12 December 20, 2014 182 other regulation requiring a fire protection sprinkler system i viii. Adopt 2012 IRC Table R802.11 Rafters. n one- or two-family dwellings. ix. Amend Section R806.1 Ventilation Required. (a). Exception: If an owner voluntarily choses to (a). Enclosed attics and enclosed rafter spaces fo install an automatic residential fire sprinkler system it shall b rmed where ceilings are applied directly to the underside of r e installed per Section R313.2.1 Design and installation. Aut oof rafters shall have cross ventilation for each separate spac omatic residential fire sprinkler systems shall be designed an e by ventilating openings protected against the entrance of ra d installed in accordance with NFPA 13D and Table 302.1(2) in or snow. Ventilation openings shall have a least dimension Exterior Walls-Dwellings with Fire sprinklers may be used f of 1/16 inch (1.6 mm) minimum and 1/4 inch (6.4 mm) maxi or separation requirements. mum. Ventilation openings having a least dimension larger t iii. Amend Chapter 3, Section R315.2, Where Req han 1/4 inch (6.4 mm) shall be provided with corrosion-resis uired in Existing Dwellings. When alterations, repairs or add tant wire cloth screening, hardware cloth, or similar material itions occur or where one or more sleeping rooms are added with openings having a least dimension of 1/16 inch (1.6 m or created in existing dwellings that have attached garages or m) minimum and 1/4 inch (6.4 mm) maximum. Openings in in existing dwellings within which fuel fired appliances exist roof framing members shall conform to the requirements of carbon monoxide alarms shall be provided in accordance wi Section R802.7. Required ventilation openings shall open dir th Section R315.1. ectly to the outside air. iv. Substitute Chapter 3, Section R317, Dwelling x. Amend Section R 1006.1 Exterior Air. Factory- Unit Separation of the 2006 IRC, in lieu of the Section 313, built or masonry fireplaces covered in this chapter shall be e Automatic Fire Sprinkler Systems of the 2009 IRC. In additi quipped with an exterior air supply to assure proper fuel com on, Chapter 3, Section R 302.2, Townhouses of the 2009 IR bustion. C, is amended as follows. f. Substitute Chapter 11, Energy Efficiency of the 2 (a). Exceptions 009 IRC, in lieu of Chapter 11 Energy Efficiency of the 2012 (i). A common 2-hour fire-resistance-rated IRC. wall is permitted for townhouses if such walls do not contain i. Amend Section N1102.3 Access Hatches and D plumbing or mechanical equipment, ducts or vents in the oors. Access doors from conditioned spaces to unconditione cavity of the common wall. d spaces shall be weather-stripped and have a minimum insu (ii). Electrical installations shall be lation value of a R-4. installed in accordance with Chapters 34 through 43. ii.. Amend Section N1102.4.2 Air Sealing and Insu Penetrations of electrical outlet boxes shall be in accordance lation. The air tightness demonstration method of complianc with Section R302.4. e is to be determined by the contractor, design professional o (iii). Chapter 3, Section R302.2.4, Structural r homeowner. Independence of the 2009 IRC, is amended as follows: iii.. Amend Section N1102.4.2.1 Testing Option. Te Exception: Number 5, Townhouses, separated by a common sted air leakage is less than 7 ACH when tested with a blowe 2-hour fire-resistance-rated wall as provided in Section r door at a pressure of 50 pascals (0.007 psi). Testing shall oc R302.2. cur after rough in and after installation of penetrations of the v. Adopt 2012 IRC Table 602.3 (1) Fastening Req building envelope, including penetrations for utilities, plumb uirements. ing, electrical, ventilation and combustion appliances. When vi. Amend 2012 IRC Section R703.8 Flashing. Ap the contractor, design professional or homeowner chooses th proved corrosion-resistant flashing shall be applied shingle-f e blower door testing option, blower door testing shall be per ashion in a manner to prevent entry of water into the wall ca formed by individuals certified to perform blower door tests vity or penetration of water to the building structural framing by a nationally recognized organization that trains and provi components. Self-adhered membranes used as flashing shall des certification exams for the proper procedures to perform comply with AAMA 711. The flashing shall extend to the sur such tests. The responsible BCEO shall accept written blowe face of the exterior wall finish. Approved corrosion-resistant r door test reports from these certified individuals to verify t flashings shall be installed at all of the following locations: he minimum requirements of Section N1102.4.2.1 Testing O (a). exterior window and door openings. Flashin ption are attained. g at exterior window and door openings shall extend to the s (a). During testing: urface of the exterior wall finish or to the water-resistive barr (i). exterior windows and doors, fireplace ier for subsequent drainage; and stove doors shall be closed, but not sealed; (b). at the intersection of chimneys or other maso (ii). dampers shall be closed, but not nry construction with frame or stucco walls, with projecting sealed; including exhaust, intake, makeup air, back draft, and lips on both sides under stucco copings; flue dampers; (c). under and at the ends of masonry, wood or m (iii). interior doors shall be open; etal copings and sills; (iv). exterior openings for continuous (d). continuously above all projecting wood trim; ventilation systems and heat recovery ventilators shall be (e). where exterior porches, decks or stairs attach closed and sealed; to a wall or floor assembly of wood-frame construction; (v). heating and cooling system(s) shall be (f). at wall and roof intersections; turned off; (g). at built-in gutters. (vi). HVAC ducts shall not be sealed; and vii. Adopt 2012 IRC Section R802.11 Roof tie-do (vii). supply and return registers shall not be wn. sealed.

183 Louisiana Register Vol. 40, No. 12 December 20, 2014 iv. Amend Section N1102.4.3 Fireplaces, New wo hall be able to provide outdoor air at a continuous rate of at l od-burning fireplaces shall have outdoor combustion air. east that determined in accordance with Table M1507.3.3(1). vi. Amend Section N1103.2.2 Sealing, Ducts, air h xii. Amend Section M1507.4 Minimum Required andlers, filter boxes and building cavities used as ducts shall Local Exhaust. Local exhaust systems shall be designed to h be sealed. Joints and seams shall comply with section M160 ave the capacity to exhaust the minimum air flow rate as foll 1.4. Duct leakage testing shall be performed by individuals c ows. ertified to perform duct leakage tests by a nationally recogni (a). Kitchen: 100 cfm intermittent or 25 cfm cont zed organization that trains and provides certification exams inuous, a balanced ventilation system is required for continu for the proper procedures to perform such tests. The responsi ous exhaust. ble BCEO shall accept written duct leakage test reports from (b). Bathrooms: exhaust capacity of 50 cfm inter these certified individuals to verify the minimum requiremen mittent or 20 cfm continuous, a balanced ventilation system i ts of Section N1103.2.2 Sealing are attained. s required for continuous exhaust. (a). Exception: HVAC Contractors. HVAC contr 4.a. International Mechanical Code (IMC), 2012 Editio actors, who are not certified to perform duct leakage tests, m n, and the standards referenced in that code for regulation of ay perform the test with the responsible BCEO visually verif construction within this state. ying test procedures and results on site. 4.b. - 7. … (b). Joints and seams shall comply with section AUTHORITY NOTE: Promulgated in accordance with R.S. 40 M1601.4. Duct tightness shall be verified by either for the fo 1730.22(C) and (D) and 40:1730.26(1). llowing: HISTORICAL NOTE: Promulgated by the Department of Publ (i). Post-Construction Test. Leakage to ic Safety and Corrections, State Uniform Construction Code Counc il, LR 33:291 (February 2007), amended LR 34:93 (January 2008), outdoors shall be less than or equal to 8 cfm (3.78 L/s) per 2 2 LR 34: 883 (May 2008), LR 34:2205 (October 2008), LR 35:1904 100 ft (9.29 m ) of conditioned floor area or a total leakage (September 2009), LR 36:2574 (November 2010), effective Januar 2 2 less than or equal to 12 cfm (5.66 L/s) per 100 ft (9.29 m ) y 1, 2011, LR 37:601 (February 2011), LR 37:913 (March 2011), re of conditioned floor area when tested at a pressure promulgated LR 37:2187 (July 2011), repromulgated LR 37:2726 differential of 0.1 inch w.g. (25 Pa) across the entire system, (September 2011), amended LR 37:3065 (October 2011), LR 38:19 including the manufacturer's air handler end closure. All 94 (August 2012), LR 39:2512 (September 2013), LR 40:2609 (De register boots shall be taped or otherwise sealed during the cember 2014). test. Chapter 9. Temporary Exemption to Certification Re (ii). Rough-In Test. Total leakage shall be quirement less than or equal to 6 cfm (2.83 L/s) per 100 ft2 (9.29 m2) of §901. Employment after January 1, 2007 conditioned floor area when tested at a pressure differential A. Upon employment or if currently employed and prom of 0.1 inch w.g. (25 Pa) across the roughed in system, oted to a specific certification by a parish, municipality, or ot including the manufacturer's air handler enclosure. All her political subdivision, an individual must be granted a pro register boots shall be taped or otherwise sealed during the visional certificate of registration without certification by a r test. If the air handler is not installed at the time of the test, ecognized code organization or testing agency, provided that total leakage shall be less than or equal to 4 cfm (1.89 L/s) such individual is under the supervision of a registered code per 100 ft2 (9.29 m2) of conditioned floor area. enforcement officer who is certified by the International Cod (c). Exception: Duct tightness test is not required e Council. if the air handler and all ducts are located within conditioned AUTHORITY NOTE: Promulgated in accordance with R.S. 40 space. 1730.22(C) and (D). HISTORICAL NOTE: Promulgated by the Department of Publ vii. Amend Section N1103.8.3 Pool Covers. Pool c ic Safety and Corrections, State Uniform Construction Code Counc overs shall not be required to meet the energy efficiency req il, LR 33:293 (February 2007), amended LR 35:2821 (December 2 uirements of this Section. 009), repromulgated LR 36:329 (February 2010), amended LR 40:2 viii. Amend Section M1307.3.1 Protection from Im 611 (December 2014). pact. Appliances shall not be installed in a location subject to automobile or truck damage except where protected by appr Jill P. Boudreaux oved barriers Undersecretary ix. Amend Section M1507.3.1 System Design. Th 1412#059 e whole-house ventilation system shall consist of a combinat ion of supply and exhaust fans, and associated ducts and con RULE trols. Local exhaust and supply fans are permitted to serve as Department of Revenue such a system. Outdoor air ducts connected to the return side Policy Services Division of an air handler shall be considered to provide supply ventil ation. Income Tax Credits for Solar Energy Systems x. Amend Section M1507.3.2 System Controls. T (LAC 61:I.1907) he whole-house mechanical ventilation system shall be provi ded with controls that enable manual override and a method Under the authority of R.S. 47:287.785, R.S. 47:295, R.S. of air-flow adjustment. 47:1511, and R.S. 47:6030, and in accordance with the provi xi. Amend Section M1507.3.3 Mechanical Ventila sions of the Administrative Procedure Act, R.S. 49:950 et se tion Rate. The whole-house mechanical ventilation system s q., the Department of Revenue, Policy Services Division, ha

Louisiana Register Vol. 40, No. 12 December 20, 2014 184 s amended LAC 61:I.1907 relative to income tax credits for Charge Controlleran apparatus designed to control th solar energy systems. e state of charge of a bank of batteries. The primary purpose of this regulation is to amend LAC 6 Grid-Connected, Net Metering Systema solar electric 1:I.1907 to update the income tax regulation relative to chan system interconnected with the utility grid in which the custo ges resulting from Act 428 of the 2013 Regular Session of th mer pays the utility for only the net energy used from the util e Louisiana Legislature. ity minus the energy fed into the grid by the customer. All int Title 61 erconnections must be in accordance with the capacity, safet REVENUE AND TAXATION y and performance interconnection standards adopted as part Part I. Taxes Collected and Administered By the of the appropriate, established net metering rules and proced Secretary of Revenue ures of the Louisiana Public Service Commission, the New Chapter 19. Miscellaneous Tax Exemptions Orleans City Council, or other Louisiana utility regulatory e §1907. Income Tax Credits for Solar Energy Systems ntity. A. Revised Statute 47:6030 provides an income tax credi Homea single-family detached dwelling. t for the purchase and installation of a solar electric system, s Inverteran apparatus designed to convert direct curren olar thermal system or any combination of components there t (DC) electrical energy to alternating current (AC) electrical of, collectively referred to as a “system,” at a single family r energy. Modern inverters also perform a variety of safety an esidence located in Louisiana. In order for costs associated d power conditioning functions that allow them to safely inte with the purchase and installation of a solar electric system o rconnect with the electrical grid. r solar thermal system to qualify for this credit, the expendit Manufactured or Producedwholly the growth, produc ure must be made on or after January 1, 2008, and before Jan t, or manufacture of the United States or a country to which t uary 1, 2018. he United States is a party to an international agreement mee 1. Purchase of Solar Energy System. The amount of th ting the criteria of the American Recovery and Reinvestment e credit for the purchase and installation of a system at a Lou Act of 2009 (ARRA) or in the case of a manufactured good t isiana residence or for a system which is already installed in hat consists in whole or in part of materials from a non-ARR a newly constructed home located in Louisiana is equal to 50 A compliant country, has been substantially transformed in a percent of the first $25,000 of the cost of a solar electric syst n ARRA-compliant country into a new and different manufa em, solar thermal system, or any combination of components ctured good distinct from the materials from which it was tra thereof. nsformed. This definition has been adopted in accordance wi 2. Lease of Solar Energy System th 2 CFR §176.160. a. The amount of the credit for the purchase and ins Photovoltaic Panela panel consisting of a collection o tallation of a system before January 1, 2014, at a Louisiana r f solar cells capable of producing direct current (DC) electric esidence by a third party through a lease with the owner of t al energy when exposed to sunlight. he residence is equal to 50 percent of the first $25,000 of the Placed in Servicefully operational and in a current sta cost of a solar electric system, solar thermal system, or any c te of delivering solar energy to the qualifying residence in a ombination of components thereof. manner consistent with the intended purpose of the solar ene b. The amount of the credit for the purchase and ins rgy system. tallation of a system on or after January 1, 2014 and before J Residencea single family detached dwelling. To be co anuary 1, 2018, at a Louisiana residence by a third party thro nsidered a residence, the physical properties of the space mu ugh a lease with the owner of the residence is equal to 38 per st provide the basic elements of a home, including appropriat cent of the first $25,000 of the cost of a solar electric system, e and customary appliances and facilities and the occupant m solar thermal system, or any combination of components the ust use the facilities as a home. All eligible residences must reof. be located in Louisiana. 3. Additional Lease of Solar Energy System Restrictio Solar Electric Systema system consisting of photovolt ns. For purposes of determining the amount of credit for the aic panels with the primary purpose of converting sunlight to purchase and installation of a system at a Louisiana residenc electrical energy and all equipment and apparatus necessary t e by a third party through a lease with the owner of the resid o connect, store and process the electrical energy for connect ence, eligible costs of the system shall be subject to the follo ion to and use by an electrical load. wing provisions. a. For a system purchased and installed on or after J Solar Thermal Systema system consisting of a solar e uly 1, 2013 and before July 1, 2014, the system shall cost no nergy collector with the primary purpose of converting sunli more than four dollars and fifty cents per watt and provide fo ght to thermal energy and all devices and apparatus necessar r no more than six kilowatts of energy. y to transfer and store the collected thermal energy for the pu b. For a system purchased and installed on or after J rposes of heating water, space heating, or space cooling. uly 1, 2014 and before July 1, 2015, the system shall cost no Supplemental Heating Equipmenta device or apparatu more than three dollars and fifty cents per watt and provide n s installed in a solar thermal system that utilizes energy sour o more than six kilowatts of energy. ces other than sunlight to add heat to the system, with the ex c. For a system purchased and installed on or after J ception of factory installed auxiliary heat strips that are an in uly 1, 2015 and before January 1, 2018, the system shall cost tegral component of a specifically engineered solar hot water no more than two dollars per watt and provide for no more t storage tank. han six kilowatts of energy. C. Eligibility for Solar Energy Systems Tax Credits B. Definitions 1. Regardless of the number of system components ins talled on each qualifying residence, such components shall c

185 Louisiana Register Vol. 40, No. 12 December 20, 2014 onstitute a single system for each residence for purposes of t 2. System components purchased on or after July 1, 2 he tax credit. 013, for all solar electric or solar thermal energy systems mu 2. All solar energy systems must be installed in the im st be compliant with the federal American Recovery and Rei mediate vicinity of the residence claiming the credit such tha nvestment Act of 2009. This requirement applies to all credi t the electrical, mechanical or thermal energy is delivered dir t-eligible components as described below in Subsection E. C ectly to the residence. omponents which are manufactured or produced in the Unite 3. In order to claim a tax credit for either a solar electr d States or in a country with which the United States is a part ic energy system, solar thermal energy system, or a combinat y to an international agreement meeting the criteria of ARRA ion of components thereof, the components of a system must will generally be regarded as ARRA compliant. For addition be purchased and installed at the same time as a system. al information, see Revenue Information Bulletin 13-013. 4. For a taxpayer other than the owner of the residence 3. Non-ARRA compliant system components purchas to claim a tax credit for a solar electric energy system, solar t ed prior to July 1, 2013, may qualify for credit provided that: hermal energy system, or combination of components thereo a. such system components are incorporated into a s f, the taxpayer must provide the department with a copy of t ystem that is placed in service prior to January 1, 2014; and he contract in which the owner of the residence has clearly a b. the purchaser provides written documentation of t nd unambiguously stated that he is not entitled to and will no he pre-July 1, 2013 date of purchase of the eligible compone t claim the tax credit and thereby transfers his right to claim t nts. he tax credit to the installer, developer or third-party taxpaye 4. Solar Electric Systems. Eligible solar electric syste r. Absent such a contract, the owner of the residence is the o ms under the provisions of R.S. 47:6030 include grid-connec nly taxpayer eligible to claim the credit and the installer, dev ted net metering systems, grid-connected net metering syste eloper or third-party taxpayer shall have no right to the credi ms with battery backup, stand alone alternating current (AC) t. For an installer, developer, or third-party taxpayer who pur systems and stand alone direct current (DC) systems, design chases a system for installation at another person’s residence ed to produce electrical energy and may include the followin in connection with a lease of the system by the owner of the g. residence, the transfer of the right to obtain the credit from t he homeowner to the installer, developer or third-party taxpa System Type Eligible System Components yer shall be regarded as taxable consideration received in ex Grid-Connected, Net photovoltaic panels, mounting systems, Metering Solar Electric inverters, AC and DC disconnects, lightning change for the homeowners’ right to use or possess the solar Systems and ground fault protection, junction boxes, energy system. In such instances, the installer, developer or t remote metering display devices and related hird-party taxpayer shall be responsible for collecting and re electrical wiring materials from the mitting the sales tax on the full amount of the credit received. photovoltaic panels to point of interconnection with the residence or electrical load Grid-Connected, Net photovoltaic panels, mounting systems, D. Claiming the Solar Energy Systems Tax Credit Metering Solar Electric inverters, charge controllers, batteries, battery 1. The credit for the purchase and installation of a sola Systems with Battery cases, AC and DC disconnects, lightning and r energy system by a taxpayer at his residence shall be claim Backup ground fault protection, junction boxes, remote metering display devices and related electrical ed by the taxpayer on his Louisiana individual income tax re wiring materials from the photovoltaic panels turn for the taxable year in which the system is completed an to point of interconnection with the residence d placed in service. If a taxpayer purchases a newly construc or electrical load ted home with a system already installed, the credit shall be Stand Alone Solar photovoltaic panels, mounting systems, claimed on the tax return for the taxable year in which the ac Electric AC Systems inverters, charge controllers, batteries, battery cases, AC and DC disconnects, lightning and t of sale occurred. ground fault protection, junction boxes, remote 2. The credit for the purchase and installation of a sola metering display devices and related electrical r energy system by a third-party taxpayer at another person’s wiring materials from the photovoltaic panels residence through a lease with the owner of the residence sh to point of interconnection with the residence or electrical load all be claimed by the taxpayer on his Louisiana individual, c Stand Alone Solar photovoltaic panels, mounting systems, charge orporate or fiduciary income tax return for the taxable year i Electric DC Systems controllers, batteries, battery cases, DC n which the system is completed and placed in service. disconnects, lightning and ground fault E. Solar Energy Systems Eligible for the Tax Credit protection, junction boxes, remote metering display devices and related electrical wiring 1. The credit provided by R.S. 47:6030 is only allowe materials from the photovoltaic panels to point d for a complete and functioning solar energy system. Local of interconnection with the residence or and state sales and use taxes are an eligible system cost. Wit electrical load h respect to each residence, only one tax credit for the purch ase and installation of a single system shall be allowed. Any 5. Solar Thermal Systems. Solar thermal systems eligi additional system(s) or equipment added at a later date will n ble under the provisions of R.S. 47:6030 include systems des ot qualify for additional credit. This provision also applies to igned to produce domestic hot water, systems designed to pr residences which have claimed a solar tax credit prior to July oduce thermal energy for use in heating and cooling systems 1, 2013 and shall in no way be construed or interpreted to all and may include the following. ow more than one tax credit for any residence.

Louisiana Register Vol. 40, No. 12 December 20, 2014 186 System Type Eligible System Components ii. solar thermal systems—listed SRCC annual B Domestic Solar Hot solar thermal collectors, mounting systems, TU or equivalent kWh output; Water Systems solar hot water storage tanks, pumps, heat exchangers, drain back tanks, expansion tanks, c. physical address where the system is installed in t controllers, sensors, valves, freeze protection he state; devices, air elimination devices, photovoltaic d. total cost of the system as applied towards the tax panels for PV systems, piping and other related credit separated in an itemized list by: materials from the solar thermal collectors to the solar hot water storage tanks i. equipment costs; Heating and Cooling solar thermal collectors, mounting systems, ii. installation costs; Thermal Energy solar hot water storage tanks, pumps, heat iii. taxes; Systems exchangers, drain back tanks, expansion tanks, e. make, model, and serial number of photovoltaic p controllers, sensors, valves, freeze protection devices, air elimination devices, photovoltaic anels, inverters, and solar thermal collectors applied for in th panels for PV systems, piping and other related e tax credit; materials from the solar thermal collectors to f. name and Louisiana contractor’s license number the solar hot water storage tanks of seller/installer; g. if applicable, copy of the modeled array output re 6. Solar energy systems not installed on the rooftop of port using the PV watts solar system performance calculator the residence but installed on the qualifying property shall co developed by the National Renewable Energy Laboratory an nstitute a free standing ground mounted system. Ground mo d available at the website www.nrel.gov/rredc/pvwatts. The a unted solar energy systems include but are not limited to sin nalysis must be performed using the default PV watts de-rate gle pole mounted structures, multiple pole mounted structure factor; s utilizing a foundation if necessary. Additional walls, interio h. copy of a solar site shading analysis conducted o r finishes, foundations, roofing structures not directly related n the installation site using a recognized industry site assess to the solar energy system, or any other addition not directly ment tool such as a solar pathfinder or solmetric demonstrati related to the solar energy structure are not eligible system c ng the suitability of the site for installation of a solar energy osts. Ground mounted systems must be no more than 8’ feet i system; n height at its lowest point if titled unless specific building c i. conveyance certificate, deed or other legal docum odes and/or flood plain restrictions apply. Each qualifying fr ent which evidences the owner of the residence. ee standing ground mounted system must be separately itemi j. when a system is installed by a third-party owner, zed from any and all other energy components included in a a complete and signed declaration by residential property ow taxpayer’s submitted Form R-1086. ner not claiming the solar energy income tax credit; NOTE: Form R-1086 is used for purposes of claiming the k. for a system already installed in a newly construc Solar Energy Systems Tax Credit. 7. Any solar energy system for which a tax credit is cl ted home located in Louisiana, a copy of the sale agreement aimed shall include an operations and maintenance manual c or other legal document which evidences the date of sale; ontaining a working diagram of the system, explanations of t l. for a system other than one which is already insta he operations and functions of the component parts of the sy lled in a newly constructed home located in Louisiana, a cop stem and general maintenance procedures. y of the interconnection agreement for net metering or other 8. All photovoltaic panels, inverters and other electric document which evidences the effective placed in service dat al apparatus claiming the tax credit must be tested and certifi e; ed by a Federal Occupational Safety and Health Administrati m. if applicable, an itemized list of all non-ARRA co on (OSHA) nationally recognized testing laboratory and mus mpliant components incorporated into the system which dem t be installed in compliance with manufacturer specifications onstrates a pre-July 1, 2013 purchase date. Additional docum and all applicable building and electrical codes. entation, such as an invoice, receipt, or other written docume 9. All photovoltaic systems installed at a tilt angle gre ntation demonstrating the date of purchase of such compone ater than 5 degrees shall have an azimuth greater than 80 deg nts should be retained and made available for production by rees E and no more than 280 degrees W. North facing solar p the taxpayer upon demand by the Department of Revenue; anels generally do not conform to industry best practices unl n. For all components purchased on or after July 1, ess criteria above are satisfied. 2013, documentation which demonstrates ARRA compliance 10. All solar thermal apparatus claiming the tax credit such as a receipt, invoice, certification from the distributor, must be certified by the Solar Rating and Certification Corpo vendor, supplier or manufacturer or any other reasonable doc ration (SRCC) and installed in compliance with manufacture umentation which verifies the component was manufactured r specifications and all applicable building and plumbing cod or produced in the United States or other qualifying country. es. F. Costs 11. Applicants applying for the tax credit on either a sol 1. Eligible Costs. Eligible costs that can be included u ar electric or solar thermal system must provide proof of pur nder the tax credit are reasonable and prudent costs for equip chase and installation to the Louisiana Department of Reven ment and installation of the solar energy systems defined in ue detailing the following as applicable to your particular sol Subsection B and described in Subsection E above. ar energy system installation: a. All eligible solar energy systems must be sold an a. type of system applying for the tax credit; d installed by a contractor duly licensed by and in good stan b. output capacity of the system: ding with the Louisiana Contractors Licensing Board. For pu i. solar electric systems—total nameplate listed k rposes of satisfying the requirement that a solar energy syste W of all installed panels; m be sold by and installed by a person who is licensed by the

187 Louisiana Register Vol. 40, No. 12 December 20, 2014 Louisiana State Licensing Board for Contractors, a lease bet vision, LR 37:3532 (December 2011), LR 39:99 (January 2013), L ween a third party and the owner of the residence shall not c R 40:2612 (December 2014). onstitute a “sale.” b. In order for a homeowner who self-installs a sola Tim Barfield r energy system at the homeowner’s own residence to qualif Secretary y for the solar energy systems tax credit, the homeowner mu 1412#109 st be licensed by the Louisiana State Board for Contractors. 2. Ineligible Costs. Labor costs for individuals perfor RULE ming their own installations are not eligible for inclusion un Department of Revenue der the tax credit. For purposes of this Paragraph, “individua Policy Services Division ls” shall mean natural persons as defined in Civil Code articl e 24. For all other taxpayers, labor costs for unrelated servic Remittance of Tax Under Protest, Suits, or es, including, but not limited to tree trimming and tree remo Petitions to Recover (LAC 61:I.4907) val, are not eligible under the tax credit. Supplemental heatin g and cooling (HVAC) equipment costs used with solar colle Under the authority of R.S. 47:1576 and R.S. 47:1511, and ctors are not eligible for inclusion under the tax credit. Other in accordance with the provisions of the Administrative Proc items ineligible for a solar energy systems tax credit include, edure Act, R.S. 49:950 et seq., the Department of Revenue, but are not limited to the following: stand alone solar powere Policy Services Division, has amended LAC 61:I.4907. d attic fans or ventilation systems, solar powered lights, solar The primary purpose of this regulation is to amend LAC 6 day lighting apparatuses, solar powered pool pumps, solar p 1:I.4907 relative to changes resulting from Act 198 of the 20 ool heating systems, and all other stand-alone solar device(s) 14 Regular Session of the Louisiana Legislature and to more accurately align the regulation with the provisions of R.S. 47: 3. Whenever, in return for the purchase price or as an i 1576. nducement to make a purchase, marketing rebates or incenti Title 61 ves are offered, the eligible cost shall be reduced by the fair REVENUE AND TAXATION market value of the marketing rebate or incentive received. S Part I. Taxes Collected and Administered By the uch marketing rebates or incentives include, but are not limit Secretary of Revenue ed to, cash rebates, prizes, gift certificates, trips, energy effic Chapter 49. Tax Collection iency improvements not directed related to solar energy insta §4907. Remittance of Tax under Protest, Suits or Petitio llation, including, but not limited to spray foam insulation, ra ns to Recover diant barrier, window sealing and/or caulking, heating and ai A. Except as provided in R.S. 47:1576(A)(1)(b), any tax r conditioning improvements, blower door testing, thermosta payer protesting the payment of any amount found due by th t upgrades which are not an integral part of the solar energy e secretary or the enforcement of any provision of the tax la monitoring system, domestic hot system upgrades not relate ws in relation thereto, shall remit to the Department of Reve d to solar hot water system insulation, or any other thing of v nue the amount due, including tax, interest and penalties. At alue given by the installer or manufacturer to the customer a such time, the taxpayer must give notice of its intention to ei s an inducement to purchase an eligible solar energy system. ther: file suit in district court; or file a petition at the Board o 4. Only one solar energy systems tax credit is availabl f Tax Appeals for the recovery of such tax. Accordingly, amo e for each residence. In addition, in the event of purchase an unts remitted to the department must be deemed at the time r d installation by a third-party taxpayer through a lease with t emitted as a payment under protest by including notice of int he owner of the residence, only one solar energy systems tax ention to either: file suit in district court; or file a petition at t credit is available for each eligible system. Once a solar ener he Board of Tax Appeals for recovery of such tax. gy systems tax credit is claimed by a taxpayer for a particula 1. Overpayments of income tax designated on the prio r residence or system, that same residence or system is not el r year's return as an amount of overpayment to be credited to igible for any other tax credit pursuant to this Section. If the the next year's return cannot be designated as payment under residential property or system is sold, the taxpayer who clai protest. med the tax credit must disclose his use of the tax credit to th 2. Pending claims for refund cannot be designated as e purchaser. payment under protest. G. Other Tax Benefits Disallowed B. The taxpayer has 30 days from the date of notice to th 1. A taxpayer shall not receive any other state tax cred e Department of Revenue of the intention to file suit or petiti it, exemption, exclusion, deduction, or any other tax benefit f on for recovery of tax paid under protest to file a suit or petit or solar property for which the taxpayer has received a solar ion for the recovery of such tax. However, in instances electric energy system or solar thermal energy system credit under R.S. 47:6030. 2. Exception. The credit may be used in addition to an y federal tax credits earned for the same system. AUTHORITY NOTE: Promulgated in accordance with R.S. 47 6030 and R.S. 47:1511. HISTORICAL NOTE: Promulgated by the Department of Reve nue, LR 34:2206 (October 2008), amended LR 36:2048 (September 2010), amended by the Department of Revenue, Policy Services Di

Louisiana Register Vol. 40, No. 12 December 20, 2014 188 when the payment of tax under protest is required before t 2012), amended by the Department of Wildlife and Fisheries, Wi he amount of tax due is determinable, the taxpayer has 30 da ldlife and Fisheries Commission, LR 40:2616 (December 2014). ys from the due date of the return or the extended due date of the return to file suit or petition for recovery of the taxes pai Billy Broussard d under protest. Chairman C. There shall be no penalty for underpayment of estimat 1412#079 ed tax with regard to amounts paid under protest and such a RULE mounts paid under protest shall not be due until the due date of the return without regard to extensions. Department of Wildlife and Fisheries AUTHORITY NOTE: Promulgated in accordance with R.S. 47 Wildlife and Fisheries Commission 1576. HISTORICAL NOTE: Promulgated by the Department of Reve Possession of Potentially Dangerous Wild Quadrupeds, nue and Taxation, Income Tax Division, LR 22:1230 (December 19 Big Exotic Cats, and Non-Human Primates (LAC 76:V.115) 96), amended by the Department of Revenue, Policy Services Divis ion, LR 40:2615 (December 2014). The Department of Wildlife and Fisheries and the Wildlife and Fisheries Commission have amended the rules and regul Tim Barfield ations governing the possession of potentially dangerous qua Secretary drupeds, big exotic cats, and non-human primates. 1412#108 Title 76 WILDLIFE AND FISHERIES RULE Part V. Wild Quadrupeds and Wild Birds Department of Wildlife and Fisheries Chapter 1. Wild Quadrupeds Wildlife and Fisheries Commission §115. Possession of Potentially Dangerous Wild Quadr upeds, Big Exotic Cats, and Non-Human Primat Louisiana Wild Seafood Certification Program es (LAC 76:I.703) A. - G.5. ... H. Big Exotic Cats. A person who has continually posses The Wildlife and Fisheries Commission has amended rule sed in Louisiana an exotic cat listed in Subparagraph C.1.h. a s and regulations to change the renewal date for participants bove on August 15, 2006 (the effective date of Act 715 of th in the Louisiana Wild Seafood Certification Program (R.S. 5 e Regular Session of 2006) and who obtained the exotic cat 6:578.15). The changes to the Louisiana Wild Seafood Certif by lawful means may continue to possess the exotic cat unde ication Program allow for increased convenience for particip r the following conditions. ants of the voluntary program. The seafood certification prog 1. No more than one exotic cat meeting this Rule will ram strives to increase consumer confidence and increase de be permitted. Additional exotic cats cannot be acquired by a mand for Louisiana seafood. The primary mission with this o ny means whatsoever, including breeding. rigin-based certification program is to build a unified brand t 2. A permit will only be issued to the individual who o hat will attract not only consumers but also food service and wns the exotic cat or to an individual who is a designee of th seafood distribution buyers who want to be sure they are sou e owner, where the owner is not an individual. If the permitt rcing the best tasting seafood in the world: Louisiana seafoo ee is a designee, the individual must agree to comply with all d. requirements of the permit and these rules. Title 76 3. The individuals listed in this Subsection must annua WILDLIFE AND FISHERIES lly apply for and receive a permit from the department. The Part I. Wildlife and Fisheries Commission and Agencies permit application shall be on a form provided by the depart Thereunder ment and require: Chapter 7. Louisiana Wild Seafood Certification Pro a. the name, address, telephone number, driver's lice gram nse number, and date of birth of applicant; §703. Application and Permitting Process b. a description of the exotic cat applicant possesses, A. - C.4. … including the scientific name, sex, age, color, weight, and an D. Permits are valid for 1 year and expire 12 months fro y distinguishing marks; m the date of permit approval. c. one or more photographs of the exotic cat and its E. - G. … permanent enclosure; H. Applications for the LWSCP shall be accepted at any t d. the physical location where the exotic cat is to be ime of the year. Applicants must show proof of having acqui kept; red all necessary licenses and permits. All information reque e. proof of ownership of the exotic cat on August 15, sted must be provided before the application is processed an 2006. Proof of ownership includes original purchase docum d a permit issued. ents, veterinary records, or other documentation, acceptable t I. … o the department, demonstrating ownership; AUTHORITY NOTE: Promulgated in accordance with R.S. 56 f. the microchip number of the exotic cat; 578.15, R.S. 56:23, and 56:301.4. g. a health certificate signed by a licensed veterinari HISTORICAL NOTE: Promulgated by the Department of Wild an within one year prior to the date of the application. The ce life and Fisheries, Office of the Secretary, LR 38:2000 (August

189 Louisiana Register Vol. 40, No. 12 December 20, 2014 rtificate shall include the name, address, and license number exotic cat may be removed for proper medical care for medi of the examining veterinarian; cal emergencies or medical procedures, but only under the di h. a written plan for the quick and safe recapture or rection of a licensed veterinarian. destruction in the event of the escape of the exotic cat listed i 10. Permittee must notify the department, the local sher n the permit. This plan must also be filed with the local sheri iff's department, and police department if applicable, immedi ff's department, and police department if applicable; ately upon discovery that the permitted exotic cat is no longe i. statement that permittee has legal authority to pos r in its enclosure. sess weapons and/or other equipment necessary to carry out t 11. Permittee must notify the department prior to any di he plan provided in Subparagraph H.2.h; sposition of the permitted exotic cat, including transportation j. signed agreement, on a form provided by the dep out-of-state. The department reserves the right to supervise a artment, indemnifying and holding harmless the state, depart nd accompany any such disposition. ment, and other applicable public agencies and employees, i 12. The permitted exotic cat must be kept in a sanitary ncluding agents, contractors, and the general public from an and safe condition and may not be kept in a manner that resu y claims for damages resulting from the permitted exotic cat; lts in the maltreatment or neglect of the exotic cat. This inclu k. signed agreement that the permittee will be respo des, but is not limited to: nsible for any and all costs associated with the escape, captur a. drinking water must be provided in clean contain e, and disposition of the permitted exotic cat; ers, pools must be cleaned as needed to ensure good water q l. proof of liability insurance from an A-rated or hig uality, enclosures must have adequate surface water drainage, her insurance company in the amount of $100,000, valid and and hard floor surfaces must be regularly scrubbed and disin effective continuously for the entire permit term. The policy fected; shall specifically include a provision requiring notice from t b. food must be unspoiled and not contaminated, an he carrier to the secretary of the department a minimum of 3 d be of a type and quantity sufficient to meet the nutritional r 0 days prior to cancellation of the policy. equirements of the permitted exotic cat; 4. Permittee or designee must live on the premises or c. fecal and food waste must be removed from encl permittee and designees must provide continuous on-site mo osures daily and disposed of in a manner that prevents noxio nitoring of the exotic cat. Designee(s) must have the ability t us odors and insect and other pests; o carry out all requirements of the permittee. d. sufficient shaded areas must be available. 5. ... 13. In addition to complying with this regulation, permi 6. A weapon capable of destroying the animal and a lo ttee must comply with any and all applicable federal, other st ng range delivery method for chemical immobilization shall ate, or local law, rule, regulation, ordinance, permit, or other be kept on the premises at all times. Additionally, the applica permission. Failure to comply with any such law, rule, regul nt shall provide a signed statement from a licensed veterinari ation, ordinance, permit, or other permission may constitute an identifying a designated veterinarian who will be on-call a violation of this regulation. and available at all times to deliver chemical immobilization I. - J. ... in the event of an escape. AUTHORITY NOTE: Promulgated in accordance with R.S. 56 7. Clearly legible signs, approved by the department, s 6(31), R.S. 56:115, R.S. 56:171, and R.S. 56:1904(F). hall be posted and displayed at each possible entrance onto t HISTORICAL NOTE: Promulgated by the Department of Wild he premises where the permitted exotic cat is located. The si life and Fisheries, Wildlife and Fisheries Commission, LR 21:1356 (December 1995), amended LR 32:647 (April 2006), LR 33:1153 gns shall clearly state "Danger, Wild Animal On Premises" (June 2007), amended by House Concurrent Resolution 6 of the 20 with letters of a size and font easily readable from 30 feet aw 12 Regular Legislative Session, LR 38:1459 (June 2012), amended ay. by the Department of Wildlife and Fisheries, Wildlife and Fisheries 8. The permitted exotic cat must be implanted with a Commission, LR 40:2616 (December 2014). microchip by or under the supervision of a licensed veterinar ian. Bryan McClinton 9. The permitted exotic cat must remain in its enclosur Undersecretary e on the property listed in the permit at all times and cannot 1412#078 be removed from the enclosure for any reason. However, the

Louisiana Register Vol. 40, No. 12 December 20, 2014 190 Notices of Intent

NOTICE OF INTENT In addition, this proposed action will amend LAC 7:XIII.719 to remove the DNA fingerprinting requirem Department of Agriculture and Forestry ents used for the identification of certified smooth cordgrass Office of Agricultural and Environmental Sciences varieties. These requirements are being removed until such ti Agricultural Chemistry and Seed Commission me as more indicative testing methods can be developed. Finally, this proposed action will promulgate Seeds (LAC 7:XIII.121, 719 and 767) LAC 7:XIII.767, a new Section that is being added to create peanut seed certification standards in order to allow peanut s Under the enabling authority of R.S. 3:1433, and in accord eeds to be certified in Louisiana. Currently, growers are relyi ance with the Administrative Procedure Act, R.S. 49:950 et s ng on out-of-state certification agencies to provide certified i eq., the Department of Agriculture and Forestry, Office of A nspection services. gricultural and Environmental Sciences, and the Agricultural Title 7 Chemistry and Seed Commission intend to adopt these rules AGRICULTURE AND ANIMALS and regulations to amend LAC 7:XIII. §121 to include a revi Part XIII. Seeds sed seed laboratory fee schedule; to amend §719 to remove Chapter 1. General Provisions DNA fingerprinting requirements from the smooth cordgrass Subchapter B. Fees certification standards, and to create new §767 to establish p §121. License Fee; Laboratory and Sampling Fees eanut seed certification standards. (Formerly §113) This proposed action will amend LAC 7:XIII.121 to incre A. Seed Dealer's License. The annual fee for a seed deale ase the testing service fees for persons requesting a complete r’s license shall be $100. The seed dealer’s license shall be r purity and germination test on single component samples an enewed annually, and is based on the fiscal year July 1 throu d for all germination and purity testing services for mixture s gh June 30. amples; Tetrazolium tests; seed count tests; and varietal purit B. Laboratory and Sampling Fees. The following laborat y tests. This section is also being amended to include the add ory and sampling fees shall be applicable to all seed testing c ition of several new testing services and fees: all state noxio onducted by LDAF. us weed seed examination; 8 lb. red rice examination; an hou 1. Purity and Germination Examinations Using Associ rly fee for custom, contaminated or extraordinary samples; a ation of Official Seed Analysts (AOSA) or Federal Seed Act nd a fee schedule for all similar seed kinds not specifically li (FSA) Procedures sted in the fee schedule. The proposed amendments also re-f ormat the fee schedule to make it more understandable to the reader.

Tetrazolium Tetrazolium Seed Kind (1,2) Purity (3,4) Germination (4) viability Seed kind (1,2) Purity (3,4) Germination (4) viability Alfalfa $10.00 $10.00 $25.00 Leek $10.00 $10.00 $25.00 Arugula $10.00 $10.00 $25.00 Lespedeza $10.00 $10.00 $25.00 Asparagus $10.00 $10.00 $25.00 Lettuce $10.00 $10.00 $25.00 Bahiagrass $20.00 $20.00 $25.00 Melon $10.00 $10.00 $25.00 Basil, Sweet $10.00 $10.00 $25.00 Millet $10.00 $10.00 $25.00 Bean $10.00 $10.00 $25.00 Mustard $10.00 $10.00 $25.00 Beet $10.00 $10.00 $25.00 Oats $10.00 $10.00 $25.00 Bentgrass $20.00 $20.00 $25.00 Onion $10.00 $10.00 $25.00 Bermudagrass $20.00 $20.00 $25.00 Orchardgrass $20.00 $20.00 $25.00 Bluegrass $20.00 $20.00 $25.00 Pak-choi $10.00 $10.00 $25.00 Broccoli $10.00 $10.00 $25.00 Parsley $10.00 $10.00 $25.00 Brussels Sprouts $10.00 $10.00 $25.00 Peanut $10.00 $10.00 $25.00 Buckwheat $10.00 $10.00 $25.00 Peas $10.00 $10.00 $25.00 Cabbage $10.00 $10.00 $25.00 Pepper $10.00 $10.00 $25.00 Cantaloupe $10.00 $10.00 $25.00 Pine $10.00 $10.00 $25.00 Carpetgrass $20.00 $20.00 $25.00 Plantain $10.00 $10.00 $25.00 Carrot $10.00 $10.00 $25.00 Pumpkin $10.00 $10.00 $25.00 Cauliflower $10.00 $10.00 $25.00 Radish $10.00 $10.00 $25.00 Celery $10.00 $10.00 $25.00 Rape $10.00 $10.00 $25.00 Centipedegrass $20.00 $20.00 $25.00 Rice $10.00 $10.00 $25.00 Chicory $10.00 $10.00 $25.00 Rutabaga $10.00 $10.00 $25.00 Chives $10.00 $10.00 $25.00 Rye $10.00 $10.00 $25.00 Chufa $10.00 $10.00 $25.00 Ryegrass $20.00 $20.00 $25.00 Clover $10.00 $10.00 $25.00 Sage $10.00 $10.00 $25.00 Collards $10.00 $10.00 $25.00 Sorghum $10.00 $10.00 $25.00 Coriander $10.00 $10.00 $25.00 Soybeans $10.00 $10.00 $25.00

57 Louisiana Register Vol. 40, No. 12 December 20, 2014 Tetrazolium Tetrazolium Seed Kind (1,2) Purity (3,4) Germination (4) viability Seed kind (1,2) Purity (3,4) Germination (4) viability Corn $10.00 $10.00 $25.00 Spinach $10.00 $10.00 $25.00 Cornsalad $10.00 $10.00 $25.00 Squash $10.00 $10.00 $25.00 Cotton $10.00 $10.00 $25.00 Sunflower $10.00 $10.00 $25.00 Cucumber $10.00 $10.00 $25.00 Thyme $10.00 $10.00 $25.00 Dill $10.00 $10.00 $25.00 Timothy $20.00 $20.00 $25.00 Eggplant $10.00 $10.00 $25.00 Tomato $10.00 $10.00 $25.00 Endive $10.00 $10.00 $25.00 Triticale $10.00 $10.00 $25.00 Fescue $20.00 $20.00 $25.00 Turnip $10.00 $10.00 $25.00 Gourd $10.00 $10.00 $25.00 Vetch $10.00 $10.00 $25.00 Greens $10.00 $10.00 $25.00 Watermelon $10.00 $10.00 $25.00 Herb $10.00 $10.00 $25.00 Wheat $10.00 $10.00 $25.00 Kale $10.00 $10.00 $25.00 Zoysiagrass $20.00 $20.00 $25.00 Kohlrabi $10.00 $10.00 $25.00 Zucchini $10.00 $10.00 $25.00 Lab Lab $10.00 $10.00 $25.00 (1) Samples of seeds that are unclean, field run or containing high inert matter shall be charged an additional $10.00 per sample. (2) Fees for tests on seed kinds not listed shall be based on the cost of a kind with a similar test. (3) Includes Louisiana Noxious Weed Seed Examination (4) For germination tests of mixtures of two or more kinds of seed, the fee is the sum of the fees established for germination tests for the components of the mixture. For a purity analysis performed in conjunction with a germination analysis of seed mixtures, the fee is the same as for that component of the mixture for which the highest charge would be made if separately analyzed. For purity analysis not performed in conjunction with a germination analysis the fee is the sum of the fees established for the purity tests for the components of the mixture if separately analyzed.

2. All State Noxious Weed Seed Examination—$20. S s, Agricultural Chemistry and Seed Commission, LR 39:2704 (Octo ber 2013), amended LR 40:745 (April 2014), LR 41: Chapter 7. Certification of Specific Crops/Varieties pecies appearing on the USDA state noxious‐weed seed requ Subchapter A. Grasses and Clovers §719. Smooth Cordgrass (Spartina alterniflora) Certifi cation Standards irements recognized in the administration of the FSA, report (Formerly §193) ed as number found and rate per unit weight. A. - B. … 3. Seed Count—$10. Used to determine the amount of C. Production Requirements. To be eligible for the produ seed contained within a sample. ction of all certified classes, production ponds and containers 4. Seed Vigor Test—$20. Including, but not limited to, /tanks shall be left undisturbed for a minimum of four weeks accelerated aging and cool germination tests. prior to planting, and found to be free of smooth cordgrass a 5. Varietal Purity—$20. Including, but not limited to, nd noxious and objectionable weeds. seed and seedling morphology and fluorescence tests. 1. Pond Requirements of Vegetatively Propagated Sto 6. Red Rice Examination, 4 lb.—$10; 8 lb.—$20. Exa ck mination of rice sample for the presence of red rice. a. Ponds shall be contained by levees. 7. Herbicide Bioassay—$25. b. Only one variety shall be grown per pond. 8. Service Sample taken by LDAF Inspector—$15. Sa c. Ponds of different varieties must be separated by mple taken in accordance with the AOSA or FSA seed sampl the minimum isolation distance at all points. ing procedures. d. Ponds must have individual water supplies and w 9. Priority Rush Sample—$25. A priority rush may be ater drainage capabilities for each produced variety. requested by the person submitting a sample for testing. Prio e. All seed heads shall be routinely removed from p rity rush samples will be processed immediately upon receip lants after flowering begins to ensure viable seed are not pro t of sample; however, availability of sample results will depe duced. nd upon the seed kind and the type of tests requested. f. Vegetative production ponds of the “certified clas 10. Hourly Fee—$50. Applies to especially contaminat s” only may be located within natural tidal influenced areas. ed or extraordinary samples; also used for custom work such 2. Container/Tank Requirements of Vegetatively Prop as sample preparation and special bulk samples. Total final c agated Plant Stock ost to be negotiated and agreed upon by both parties prior to a. Soil used for container/tank production shall: work being performed. i. come from an area that has not produced smoot AUTHORITY NOTE: Promulgated in accordance with R.S. 3: h cordgrass for a minimum of one year; and 1433. ii. be free of visible smooth cordgrass rhizomes a HISTORICAL NOTE: Promulgated by the Department of Agri nd stems prior to transplanting. culture, Seed Commission, LR 4:105 (April 1978), amended LR 7: b. Only one variety shall be grown per container/tan 164 (April 1981), amended by the Department of Agriculture and F orestry, Office of Agricultural and Environmental Sciences, Seed C k. ommission, LR 12:825 (December 1986), LR 14:603 (September 1 c. Different varieties shall be grown in separate tan 988), LR 29:2632 (December 2003), LR 36:1220 (June 2010), LR ks and shall have individual water supplies and drainage cap 37:1373 (May 2011), repromulgated by the Department of Agricult abilities. ure and Forestry, Office of Agricultural and Environmental Science

Louisiana Register Vol. 40, No. 12 December 20, 2014 58 d. All seed heads shall be routinely removed from p 1. Production ponds and containers/tanks shall be insp lants after flowering begins to ensure viable seed are not pro ected by LDAF within four weeks prior to transplanting to e duced. nsure production ponds and containers/tanks are free of volu 3. Seed Production Pond Requirements nteer smooth cordgrass plants and noxious and objectionable a. Ponds shall be contained by levees. weeds. All ponds and containers/tanks shall be non-flooded a b. Ponds containing different varieties must be sepa t time of pre-plant inspection. rated by the minimum isolation distance at all points. 2. Shall be inspected by LDAF a minimum of once a D. Grower Inspections year, after transplanting, to ensure that all requirements of th 1. Production ponds, tanks, and containers shall be rou is Section are being met. tinely inspected by the grower to ensure that all requirements 3. Additional inspections may be performed at the dis of this Section are being met. cretion of LDAF at any time without prior notice. E. LDAF Inspections. Production ponds and containers/t anks shall be made accessible for inspection by the grower.

F. Field Standards Production Ponds/Containers/Tanks

Foundation Registered Certified and Tested and Tested and Tested G1 G2 G3 Factor Germplasm Germplasm Germplasm Seed Production Fields (All Generations) Maximum Unit Life (1) 4 years 6 years Unlimited 5 years Land Requirements 1 year 1 year 1 year 1 year Isolation: Pond Production 20 ft. 20 ft. 20 ft. 1200 ft. One variety One variety One variety Tank Production per tank per tank per tank N/A Different Different Different varieties varieties varieties must be must be must be Container Production separated separated separated and clearly and clearly and clearly identified identified identified N/A Plant Variants: 3 plants per 5 plants per 10 plants Visual Inspections 5,400 ft2 5,400 ft2 per 5,400 ft2 10 plants per 5,400 ft2 Harmful Diseases (2) None None None None Noxious or Objectionable ≤ 5 plants Weeds (3) None None per 5,400 ft2 ≤ 5 plants per 5,400 ft2 ≤ 5 plants Other crops (4) None None per 5,400 ft2 ≤ 5 plants per 5,400 ft2 (1) Production unit life from date of transplant. No maximum age for a certified class production unit so long as the unit continues to meet all requirements of this Section. (2) Diseases determined in accordance with the Louisiana Ag Experiment Station and LDAF to seriously affect the quality of seed or vegetatively propagated stock. (3) Including, but not limited to the following weed species: Salvinia spp. (Salvinia), Cyperus spp. (Sedge), Eleocharis spp. (Spike rush), Phragmites australis (Roseau cane), Typha spp. (Cattail). (4) Including, but not limited to the following crop species: Spartina patens (Marshhay cordgrass), Spartina cynosuroides (Big cordgrass), Spartina spartinae (Gulf cordgrass), Distichlis spicata (Saltgrass), Schoenoplectus californicus (California bulrush), Paspalum vaginatum (Seashore paspalum).

G. Seed Standards HISTORICAL NOTE: Promulgated by the Department of Agri 1. All generations of seed shall contain a pure seed co culture and Forestry, Office of Agricultural and Environmental Scie ntent, excluding coating material, of not less than 90 percent. nces, Seed Commission, LR 37:2983 (October 2011), LR 39:1761 2. All seed packages shall be labeled in such a manner (July 2013), repromulgated by the Department of Agriculture and F orestry, Office of Agricultural and Environmental Sciences, Agricul as to meet the minimum seed labeling requirement of the Se tural Chemistry and Seed Commission, LR 39:2720 (October 2013), ed Law, this Part, and the Federal Seed Act and accompanyi amended LR 40:753 (April 2014), LR 41: ng rules and regulations. Subchapter B. Grain and Row Crop Seeds AUTHORITY NOTE: Promulgated in accordance with R.S. 3: §767. Peanut Seed Certification Standards 1433. A. Field Inspection. A field inspection shall be made by LDAF at maturity, but prior to harvesting.

Factor Standards for classes Foundation Registered Certified Land requirement 1 year 1 year 1 year Isolation 50 feet 25 feet 25 feet Other varieties or types None 0.2% 0.5%

B. Seed Standards. A representative sample of at least on untreated seed shall be submitted to the LDAF for laboratory e pound of seed in its saleable condition and 1-1/2 pounds of analysis.

59 Louisiana Register Vol. 40, No. 12 December 20, 2014 Factor Standards for classes Foundation Registered Certified Pure seed (minimum allowed) 90.00% 90.00% 90.00% Inert matter (maximum allowed) 10.00% 10.00% 10.00% Prohibited weeds (maximum allowed)1 None None None Weed seed (maximum allowed)2 0.01% 0.01% 0.01% Other kinds including other varieties (maximum allowed)3 None 0.21% 0.52% Other kinds (maximum allowed) None 0.01% 0.02% Other varieties (maximum allowed) None 0.20% 0.50% Germination (minimum allowed) 75.00% 75.00% 75.00% 1Refer to Section §109. 2Total weed seed shall not exceed five seeds per lb. 3Other kinds shall not exceed two seeds per lb. for Foundation; two seeds per lb. for Registered; three seeds per lb. for Certified.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3: p.m. on January 26, 2015. No preamble regarding these prop 1433. osed regulations is available. HISTORICAL NOTE: Promulgated by the Department of Agri culture and Forestry, Office of Agricultural and Environmental Scie Mike Strain, DVM nces, Agricultural Chemistry and Seed Commission, LR 41: Commissioner Family Impact Statement It is anticipated that the proposed action will have no signi FISCAL AND ECONOMIC IMPACT STATEMENT ficant effect on the: (1) stability of the family; (2) authority a FOR ADMINISTRATIVE RULES nd rights of parents regarding the education and supervision RULE TITLE: Seeds of their children; (3) functioning of the family; (4) family ear nings and family budget; (5) behavior and personal responsi I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO bility of children; or (6) ability of the family or a local gover STATE OR LOCAL GOVERNMENT UNITS (Summary) nment to perform the function as contained in the proposed a It is estimated that the proposed actions will not have any ction. significant implementation costs or savings to any local Poverty Impact Statement governmental units. The proposed actions amend LAC It is anticipated that the proposed action will have no signi 7:XIII.§121, §719 and creates §767 which establishes Peanut ficant effect on: (1) household income, assets, and financial s Seed Certification Standards. ecurity; (2) early childhood or educational development; (3) LAC 7:XIII. §121 is being amended to increase the testing employment and workforce development; (4) taxes and tax c serviice fee for persons requesting a complete Purity and Germination test on single component samples and for all redits; or (5) child and dependent care, housing, health care, Germination and Purity testing services for mixture samples; nutrition, transportation, and utilities assistance. Tetrazolium tests; Seed Count tests; and Varietal Purity tests. Small Business Statement This section is also being amended to include the addition of It is anticipated that the proposed action will not have a si several new testing services and fees; All State Noxious Weed gnificant adverse impact on small businesses as defined in th Seed Examination; 8 Lb. Red Rice Examination; an hourly fee e Regulatory Flexibility Act. The agency, consistent with hea for custom, contaminated or extraordinary samples; and a fee lth, safety, environmental and economic factors has consider schedule for all similar seed kinds not specifically listed in the ed and, where possible, utilized regulatory methods in drafti fee schedule. The proposed amendments also re-format the fee ng the proposed action to accomplish the objectives of applic schedule to make it more understandable to the reader. LAC 7:XIII. §719 is being amended to remove the DNA able statutes while minimizing any anticipated adverse impa fingerprinting requirements used for the identification of ct on small businesses. certified Smooth Cordgrass varieties. These requirements are Provider Impact Statement being removed until such time as more indicative testing The proposed Rule should not have any known or foreseea methods can be developed. ble impact on providers as defined by HCR 170 of the 2014 LAC 7:XIII. §767 is a new section that is being added to Regular Legislative Session. In particular, there should be no create Peanut Seed Certification Standards in order to allow known or foreseeable effect on: (1) the staffing level require Peanut seeds to be certified in Louisiana. Currently, growers ments or qualifications required to provide the same level of are relying on out-of-state certification agencies to provide certified inspection services. service; (2) the total direct and indirect effect on the cost to t II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE he providers to provide the same level of service; or (3) the o OR LOCAL GOVERNMENTAL UNITS (Summary) verall effect on the ability of the provider to provide the sam It is anticipated that there will be an increase in revenue e level of service. collections by the Department of Agriculture and Forestry in Public Comments the amount of $7,260 annually as a result of the Interested persons may submit written comments, data, op proposedamendments to §121. Some laboratory service testing inions, and arguments regarding the proposed action. Written fees will be increased in an attempt to achieve cost recovery submissions are to be directed to Lester Cannon, Assistant D due to increased costs for those testing services. irector of Seeds Programs Division, Department of Agricultu The estimated increase in revenue is determined by using a 3-year average for those samples testtd by the lab in which the re and Forestry; telephone (225) 925-4733; fax # (225) 237- fees have been increased. The revenue is further estimated by 5659; mailing address, P.O. Box 3596, Baton Rouge, LA 708 multiplying the amount of tassociated fee increase to the yearly 21. The written submissions must be received no later than 4

Louisiana Register Vol. 40, No. 12 December 20, 2014 60 average number of samples to determine a total estimated The department considers these amendments necessary to increase in revenue. Because it is anticipated that the proposed comply with Act 842 of the 2014 Regular Session of the Lou rule will be effective for only the last six months of FY 14-15, isiana Legislature. and that samples are received by the lab consistently Title 67 throughout the year, the increase in revenue for FY 14-15 fiscal year is estimated to be $3,630, or half the estimated yearly SOCIAL SERVICES increase. Part III. Economic Stability It is anticipated that there may be negligible decreases in Subpart 1. General Administrative Procedures revenue collections of the LSY Agriculture Center as a result of Chapter 4. Electronics Benefits Issuance System the proposed amendments to §719 since the DNA §405. Participation of Retailers fingerprinting is being removed. (Effective October 1, 1997) III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO [Formerly §403] DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL A. Retail establishments which are U.S. Department of A GROUPS (Summary) Seed owners requesting testing services for those services griculture, Food and Nutrition Service (FNS), authorized Su in which the testing fees have increased will experience pplemental Nutrition Assistance Program benefit redemption additional costs. However, these tests are not mandatory. The points must be allowed the opportunity to participate in the s testing is a fee for service and will only affect those persons tate EBT system. FNS approved retailer may choose to acce requesting testing services. pt EBT cards for cash transactions (FITAP and KCSP). All o Any person applying for certification of Smooth Cordgrass ther retail establishments may participate in the cash access c will experience direct economic benefits as a result of the omponent of the system unless prohibited by R.S. 46:231.14 proposed amendments to remove DNA fingerprinting (B) by contacting their commercial debit/credit processor to requirements from the Smooth Cordgrass Certification request to participate in cash access. Retailers participating i Standards. These persons will no longer be required to have certified cordgrass DNA fingerprinted and therefore are no n cash access will be charged standard commercial connectio longer responsible for the associated testing and sampling n, lease, and/or transaction fees to interface with the EBT sys costs. tem. No significant effect on the costs or economic benefits of B. In accordance with R.S. 46:231.14, when a retailer or directly affected persons or non-governmental groups from the other business establishment is cited for violations of any pr proposed addition of Peanut Seed Certification Standards is ovision of R.S. 46:231.14(A) or R.S. 46:231.14(B) regarding anticipated. Currently, persons applying for certification of prohibited retailers, goods and services, the department shall Peanut seeds are doing so with an out of state agency with take administrative actions as follows. similar costs. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT 1. Fines. Any retailer or other business establishment t (Summary) hat violates these regulations shall be subject to the followin The proposed action is not anticipated to have a material g civil fines: effect on competition or employment. a. $500 for the first violation; b. $1,000 for the second violation; Dane Morgan Evan Brasseaux c. $2,500 for the third violation and each violation t Assistant Commissioner Staff Director hereafter. 1412#058 Legislative Fiscal Office 2. Notice. When a fine is imposed under these regulati NOTICE OF INTENT ons, the department shall notify the retailer or other business establishment by letter that a fine has been assessed due to vi Department of Children and Family Services olations cited at the establishment and the right to appeal. Th Economic Stability Section e notification may be sent by certified mail or hand delivered to the establishment. If the owner is not present at the establi TANF Use of Benefits and Fines for Retailers shment, delivery of the written reason(s) for such action may (LAC 67:III.405) be made to any staff of the establishment. Notice to a staff sh all constitute notice to the establishment of such action and t In accordance with the provisions of the Administrative Pr he reasons therefore. The letter shall specify the dates and th ocedure Act R.S. 49:953(A), the Department of Children and e violation cited for which the fine(s) shall be imposed. Fine Family Services (DCFS) proposes to amend LAC 67:III, Sub s are due within 30 calendar days from the date of receipt of part 1, General Administrative Procedures, Chapter 4, Electr the letter unless the retailer or other business establishment r onics Benefits Issuance System, Section 405, Participation o equests an appeal. f Retailers. 3. Appeal Procedure for Fines. An appeal process is es Pursuant to Louisiana’s Temporary Assistance for Needy tablished by the department in the event the retailer disagree Families (TANF) block grant, amendment of Section 405 is s with the civil fines. necessary to prohibit retailers from accepting the electronic a. The retailer or business establishment shall have benefits transfer card for prohibited goods and services, to pr 15 calendar days from the receipt of the notice to appeal the ohibit certain retailers from participation in the cash assistan decision to the DCFS Appeals Section. A request for appeal s ce electronic benefits transfer system, to subject noncomplia hall include a copy of the letter from the department that not nt retailers to civil fines, and to establish procedures regardin es the reasons for assessment of the fine and the specific area g notice of violation and appeal process. s of the decision the appellant believes to be erroneous and/o r the specific reasons the decision is believed to have been re ached in error, and shall be mailed to Department of Childre

61 Louisiana Register Vol. 40, No. 12 December 20, 2014 n and Family Services, Appeals Section, P.O. Box 2944, Bat 3. What effect will this have on the functioning of the on Rouge, LA 70821-9118. family? This Rule will have no effect on the functioning of t b. The DCFS Appeals Section shall notify the Divis he family. ion of Administrative Law (DAL) of receipt of an appeal req 4. What effect will this have on family earnings and fa uest. DAL shall conduct a hearing in accordance with the Ad mily budget? This Rule will have no effect on family earning ministrative Procedure Act within 30 days of the receipt ther s or family budget. eof, and shall render a decision not later than 60 days from t 5. What effect will this have on the behavior and pers he date of the hearing. The appellant will be notified by lette onal responsibility of children? This Rule will have no effect r from DAL of the decision, either affirming or reversing the on the behavior and personal responsibility of children. department’s decision. 6. Is the family or local government able to perform th c. If the retailer or business establishment filed a ti e function as contained in this proposed Rule? No, these fun mely appeal and the department’s assessment of fines is affir ctions are department functions. med by an administrative law judge of the DAL, the fine sha Poverty Impact Statement ll be due within 30 calendar days after mailing notice of the f The proposed rulemaking will have no impact on poverty inal ruling of the administrative law judge or, if a rehearing i as described in R.S. 49:973. s requested, within 30 calendar days after the rehearing decis Small Business Statement ion is rendered. The retailer or business establishment shall h The proposed Rule will have no significant adverse impac ave the right to seek judicial review of any final ruling of the t on small businesses as defined in the Regulatory Flexibility administrative law judge as provided in the Administrative P Act. rocedure Act. If the appeal is dismissed or withdrawn, the fin Provider Impact Statement es shall be due and payable within seven calendar days of th The proposed rulemaking is not anticipated to have any im e dismissal or withdrawal. If a judicial review is denied or di pact on providers of services funded by the state as describe smissed, either in district court or by a court of appeal, the fi d in HCR 170 of the 2014 Regular Legislative Session. nes shall be due and payable within seven calendar days afte Public Comments r the retailer or business establishment’s suspensive appeal ri All interested persons may submit written comments throu ghts have been exhausted. gh January 27, 2015, to Kim Glapion-Bertrand, Deputy Secr d. If the retailer or business establishment does not etary of Programs, Department of Children and Family Servi appeal within 15 calendar days of receipt of the department’s ces, P.O. Box 94065, Baton Rouge, LA 70804. notice, the fine is due within 30 calendar days of receipt of t Public Hearing he department’s notice of the fine and shall be mailed to Dep A public hearing on the proposed Rule will be held on Jan artment of Children and Family Services, Fraud and Recover uary 27, 2015 at the Department of Children and Family Ser y Unit, P.O. Box 91147, Baton Rouge, LA 70821-9147. If th vices, Iberville Building, 627 North Fourth Street, Seminar e retailer or business establishment files a timely appeal, the Room 1-127, Baton Rouge, LA beginning at 9 a.m. All inter fines shall be due and payable on the date set forth in §405.B ested persons will be afforded an opportunity to submit data, 3.c. If the retailer or business establishment withdraws the ap views, or arguments, orally or in writing, at said hearing. Ind peal, the fine is payable within seven calendar days of the wi ividuals with disabilities who require special services should thdrawal or on the original date that the fine was due, which contact the Bureau of Appeals at least seven working days in ever is later. advance of the hearing. For assistance, call (225) 342-4120 4. Collection. If the retailer or business establishment (voice and TDD). does not pay the fine within the specified timeframe, the dep artment shall pursue civil court action to collect the fines, to Suzy Sonnier gether with all costs of bringing such action, including travel Secretary expenses and reasonable attorney fees. Interest shall begin to accrue at the current judicial rate on the day following the da FISCAL AND ECONOMIC IMPACT STATEMENT te on which the fines become due and payable. FOR ADMINISTRATIVE RULES AUTHORITY NOTE: Promulgated in accordance with R.S. 36 RULE TITLE: TANF Use of Benefits and 474. Fines for Retailers HISTORICAL NOTE: Promulgated by the Department of Soci al Services, Office of Family Support, LR 24:106 (January 1998), a I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO mended LR 33:1878 (September 2007), repromulgated LR 33:2204 STATE OR LOCAL GOVERNMENT UNITS (Summary) (October 2007), amended by the Department of Children and Famil This rule proposes to amend Louisiana Administrative y Services, Economic Stability Section, LR 41: Code (LAC), Title 67, Part III, Subpart 1 General Family Impact Statement Administrative Procedures, Chapter 4 Electronics Benefits 1. What effect will this Rule have on the stability of th Issuance System, and Section 405 Participation of Retailers. To e family? This Rule will have no effect on the family’s stabil comply with Act 842 of the 2014 Regular Session of the ity. Louisiana Legislature, the proposed rule stipulates that the 2. What effect will this have on the authority and right secretary of the Department of Children and Family Services s of persons regarding the education and supervision of their (DCFS) has authority to amend Section 405—Participation of children? This Rule will have no effect on the authority and r Retailers as follows: (1) to prohibit retailers from accepting the electronic ights of persons regarding the education and supervision of t benefits transfer card for prohibited goods and services; heir children. (2) to prohibit certain retailers from participation in the cash assistance electronic benefits transfer system;

Louisiana Register Vol. 40, No. 12 December 20, 2014 62 (3) to subject noncompliant retailers to civil fines; and es that only students with the most significant cognitive disa (4) to establish procedures regarding notice of violation bilities may be assessed on alternate achievement standards, and appeal process. however, the federal regulations give states the responsibility The proposed rule will not affect the overall revenues or of developing criteria to define this population. After discuss expenditures of the department. The only cost associated with this proposed rule is the cost of publishing rulemaking. It is ions with parents, educators, advocates, the Special Educatio anticipated that $1,278 (Federal) will be expended in SFY 14- n Advisory Panel, and the Superintendents' Advisory Counci 15 for the state’s administrative expense for promulgation of l, the LDE recommends these revisions to the LAA 1 partici this proposed rule and the final rule. pation criteria. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE Title 28 OR LOCAL GOVERNMENTAL UNITS (Summary) EDUCATION Implementation of this proposed rule may result in Part XCVII. Bulletin 1530―Louisiana's IEP Handbook increased revenue associated with civil fines imposed by DCFS for Students with Exceptionalities on retailers or other business establishments that violate any Chapter 5. Participation in Statewide Assessments provisions of this proposed rule. Civil fines are as follows: (1) $500 for the first violation; §503. Types of Alternate Assessments (2) $1,000 for the second violation; and A. LEAP alternate assessment, level 1 (LAA 1), was dev (3) $2,500 for the third violation and each violation eloped for students with disabilities who are served under ID thereafter. Monies generated from civil fines will be deposited EA for whom there is evidence that the student has a signific into the Fraud Detection Fund and appropriated in future fiscal ant cognitive disability. LAA 1 is a performance-based asses years for enhancement of fraud detection and recovery sment designed for students whose instructional program is a activities. DCFS cannot determine the number of retailers or ligned with the Louisiana extended standards. business establishments that will be assessed civil fines. B. LEAP alternate assessment, level 2 (LAA 2) based on III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL modified academic achievement standards, was developed fo GROUPS (Summary) r students with persistent academic disabilities who are serve There are no significant anticipated costs or benefits to d under IDEA to participate in academic assessments that are recipients receiving cash assistance (Family Independence sensitive to measuring progress in their learning. There is evi Temporary Assistance Program – FITAP and the Kinship Care dence the student is having significant academic difficulties i Subsidy Program – KCSP) as a result of this rule. Retailers or n English language arts, reading and/or mathematics. LAA 2 other business establishments participating in the state is a criterion-referenced assessment designed for students wh electronic benefits transfer (EBT) system will be responsible ose instructional program is aligned with the Louisiana conte for the costs of disabling their Automated Teller Machine nt standards. (ATM) and Point of Sale (POS) terminals so that FITAP and KCSP recipients may not access cash assistance within 1. A student who meets the LAA 2 participation criteri restricted establishments. In addition, retailers or other business a may test in all or in one or more content areas of LAA 2, b establishments will be responsible for the costs of preventing ased on the determination of the IEP team. The IEP team ma payment for prohibited goods and services at their POS y decide that the student will participate in the LAA 2 assess terminals. ment in one or more content areas and at the same time parti IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT cipate in the regular statewide assessment (iLEAP/LEAP/GE (Summary) E) for the remaining content areas required at the student's e This proposed rule will not have an impact on competition nrolled grade. and employment for low-income families. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 1941 et seq. Kim Glapion-Bertrand John D. Carpenter HISTORICAL NOTE: Promulgated by the Board of Elementar Deputy Secretary Legislative Fiscal Officer y and Secondary Education, LR 35:2343 (November 2009), amend 1412#072 Legislative Fiscal Office ed LR 41: NOTICE OF INTENT §505. Alternate Assessment Participation Criteria A. LEAP Alternate Assessment, Level 1 (LAA1) Board of Elementary and Secondary Education 1. The student has a disability that significantly impac ts cognitive function and/or adaptive behavior. This may be Bulletin 1530―Louisiana's IEP Handbook for Students with demonstrated in the following ways: ExceptionalitiesAlternate Assessments a. For students who have not completed the fifth gra (LAC 28:XCVII.503 and 505) de, an eligible student is functioning three or more standard deviations below the mean in cognitive functioning and/or a In accordance with R.S. 49:950 et seq., the Administrative daptive behavior. Procedure Act, notice is hereby given that the Board of Elem b. For students who have completed fifth grade, an entary and Secondary Education approved for advertisement eligible student is functioning 2.3 or more standard deviation revisions to Bulletin 1530―Louisiana’s IEP Handbook for S s below the mean in cognitive functioning and/or adaptive be tudents with Exceptionalities: §503, Types of Alternate Asses havior. sments; and §505, Alternate Assessment Participation Criteri c. Students who have completed the fifth grade func a. The Elementary and Secondary Education Act (ESEA) all tioning between 2.0 and 2.29 or more standard deviations bel ows states to assess one percent of the student population on ow the mean in cognitive functioning and/or adaptive behavi an alternate assessment based on alternate achievement stand or may be eligible for LAA 1 participation if the IEP team pr ards. In Louisiana, this assessment is known as the Louisiana ovides additional empirical evidence an LAA 1 identification Alternate Assessment, Level 1, or the LAA 1. ESEA stipulat is appropriate for the student.

63 Louisiana Register Vol. 40, No. 12 December 20, 2014 2. The student requires extensive modified instruction 5. Will the proposed Rule affect child and dependent c aligned with the Louisiana extended standards to acquire, ma are, housing, health care, nutrition, transportation, and utiliti intain, and generalize skills. es assistance? No. 3. The decision to include the student in LAA 1 is not Small Business Statement solely based on the following: The impact of the proposed Rule on small businesses as d a. student's placement; efined in the Regulatory Flexibility Act has been considered. b. excessive or extended absences; It is estimated that the proposed action is not expected to hav c. disruptive behavior; e a significant adverse impact on small businesses. The agen d. English language proficiency; cy, consistent with health, safety, environmental and econom e. student's reading level; ic welfare factors has considered and, where possible, utilize f. student's disability according to Bulletin 1508; d regulatory methods in the drafting of the proposed Rule th g. social, cultural, and/or economic differences; at will accomplish the objectives of applicable statutes while h. anticipated impact on school performance scores; minimizing the adverse impact of the proposed Rule on smal i. administrative decision; l businesses. j. expectation that the student will not perform well Provider Impact Statement on the LEAP, iLEAP, GEE or LAA 2. The proposed Rule should not have any known or foreseea B. - B.4.j. … ble impact on providers as defined by HCR 170 of 2014 Reg AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ular Legislative Session. In particular, there should be no kn 1941 et seq. own or foreseeable effect on: HISTORICAL NOTE: Promulgated by the Board of Elementar 1. the effect on the staffing level requirements or quali y and Secondary Education, LR 35:2343 (November 2009), amend fications required to provide the same level of service; ed LR 37:886 (March 2011), LR 41: 2. the total direct and indirect effect on the cost to the Family Impact Statement providers to provide the same level of service; or In accordance with section 953 and 974 of title 49 of the L 3. the overall effect on the ability of the provider to pr ouisiana Revised Statutes, there is hereby submitted a Famil ovide the same level of service. y Impact Statement on the Rule proposed for adoption, repea Public Comments l or amendment. All Family Impact Statements shall be kept Interested persons may submit written comments via the on file in the state board office which has adopted, amended, U.S. Mail until 4:30 p.m., January 8, 2015, to Kimberly Trip or repealed a Rule in accordance with the applicable provisio eaux, Board of Elementary and Secondary Education, P.O. B ns of the law relating to public records. ox 94064, Capitol Station, Baton Rouge, LA 70804-9064. 1. Will the proposed Rule affect the stability of the fa mily? No. Kimberly Tripeaux 2. Will the proposed Rule affect the authority and righ Executive Director ts of parents regarding the education and supervision of their children? No. FISCAL AND ECONOMIC IMPACT STATEMENT 3. Will the proposed Rule affect the functioning of the FOR ADMINISTRATIVE RULES family? No. RULE TITLE: Bulletin 1530―Louisiana's IEP 4. Will the proposed Rule affect family earnings and f Handbook for Students with Exceptionalities amily budget? No. Alternate Assessments 5. Will the proposed Rule affect the behavior and pers onal responsibility of children? No. I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO 6. Is the family or a local government able to perform STATE OR LOCAL GOVERNMENT UNITS (Summary) the function as contained in the proposed Rule? Yes. There will be no costs to the state or to local school districts Poverty Impact Statement as a result of these policy revisions. In accordance with section 973 of title 49 of the Louisiana The Elementary and Secondary Education Act (ESEA) Revised Statutes, there is hereby submitted a Poverty Impact allows states to assess one percent of the student population on Statement on the Rule proposed for adoption, amendment, or an alternate assessment based on alternate achievement repeal. All Poverty Impact Statements shall be in writing and standards. In Louisiana, this assessment is known as the kept on file in the state agency which has adopted, amended, Louisiana Alternate Assessment, Level 1, or the LAA 1. ESEA stipulates that only students with the most significant cognitive or repealed a Rule in accordance with the applicable provisio disabilities may be assessed on alternate achievement ns of the law relating to public records. For the purposes of t standards, however, the federal regulations give states the his Section, the word “poverty” means living at or below 10 responsibility of developing criteria to define this population. 0 percent of the federal poverty line. After discussions with parents, educators, advocates, the 1. Will the proposed Rule affect the household income, Special Education Advisory Panel, and the Superintendents' assets, and financial security? No. Advisory Council, the LDE recommends these revisions to the 2. Will the proposed Rule affect early childhood devel LAA 1 participation criteria. The policy revisions retain the opment and preschool through postsecondary education deve three standard deviations or below requirement for students lopment? Yes. who have not completed fifth grade and allow students who have completed the fifth grade to be classified as LAA 1 3. Will the proposed Rule affect employment and wor participations if they meet certain criteria. kforce development? No. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE 4. Will the proposed Rule affect taxes and tax credits? OR LOCAL GOVERNMENTAL UNITS (Summary) No.

Louisiana Register Vol. 40, No. 12 December 20, 2014 64 This policy will have no effect on revenue collections of red by LASFAC, and when required by law for use in prepar state or local governmental units. ing and submitting reports required by state and federal law. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO B. LASFAC is required by the TOPS statute to inform “a DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL ll students of the availability of the assistance...early enough GROUPS (Summary) There will be no estimated cost and/or economic benefit to in their schooling that a salutary motivational effect is possib directly affected persons or non-governmental groups. le.” IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT C. It is the intent and policy of LASFAC that: (Summary) 1. LOSFA will collect and maintain only that PII nece This policy will have no effect on competition and ssary to fulfill LASFAC’s program responsibilities and dutie employment. s, including but not limited to: a. providing information to participating students be Beth Scioneaux Evan Brasseaux ginning in the eighth grade that will guide and motivate stud Deputy Superintendent Staff Director ents to prepare for and to achieve eligibility for financial aid 1412#033 Legislative Fiscal Office programs to attend postsecondary education; NOTICE OF INTENT b. determining the initial eligibility of participating students for financial aid; Student Financial Assistance Commission c. determining the continuing eligibility of students Office of Student Finanical Assistance awarded financial aid; d. making payments for students who have been aw Scholarship/Grant Programs arded financial aid; and Personally Identifiable Information e. submitting reports and assessments required by st and TOPS Core Curriculum ate or federal law regarding the effectiveness of the financial (LAC 28:IV.113, 301, 502, 703, 803, 1703, 2103, and 2113) aid programs administered by LOSFA; 2. LOSFA will maintain and comply with policies and The Louisiana Student Financial Assistance Commission procedures to protect PII from disclosure to third parties/enti (LASFAC) announces its intention to amend its scholarship/ ties that have not been authorized to have access by: grant rules (R.S. 17:3021-3025, R.S. 3041.10-3041.15, R.S. a. state or federal law; 17:3042.1, R.S. 17:3048.1, R.S. 17:3048.5 and R.S. 17:3048. b. the parent or legal guardian of the person to who 6). m the PII applies, if the person is not at least 18 years old or This rulemaking implements Act 837 of the 2014 Regular judicially emancipated or emancipated by marriage; or Session of the Louisiana Legislature by providing policies a c. the person to whom the PII applies, if the person nd procedures for the collection, receipt, use, protection and is at least 18 years old or judicially emancipated or emancipa destruction of personally identifiable information. These pro ted by marriage; cedures include requirements for consent from a parent or gu 3. LOSFA will ensure that LOSFA employees will hav ardian for the public schools to collect and disclose certain p e access only to that PII that is necessary to perform their dut ersonally identifiable information related to eighth through t ies; welfth grade students to LOSFA to make it possible for the a 4. LOSFA will provide information to parents, legal g gency to guide and motivate these students to prepare for an uardians, students and schools regarding: d achieve eligibility for college financial aid programs, and t a. requirements for consenting to the release of PII t o allow LOSFA to determine eligibility for financial aid prog o LOSFA; rams, including the Taylor Opportunity Program for Students b. possible college access advantages provided to st (TOPS). udents by consenting to the release of PII to LOSFA; and This rulemaking implements Acts 566, 733, and 737 of the c. adverse consequences of withholding consent for 2014 Regular Session of the Louisiana Legislature by amend release of PII to LOSFA; ing the TOPS core curriculum, including provisions for addit 5. LOSFA will develop and use consent forms that inf ional credit for certain advance placement courses; and the T orm students, parents, and legal guardians of: OPS Tech core curriculum, including the deletion of a requir a. purpose(s) for which the PII will be used; ement to earn one unit of chemistry or applied chemistry. b. who will have access to the PII; This rulemaking extends the maximum length of an excep c. how long the PII will be retained by LOSFA; and tion for parental leave to the equivalent of one academic yea d. how the PII will be destroyed at the end of the ret r (college) per pregnancy. (SG15159NI) ention period; Title 28 6. LOSFA will destroy PII that is no longer necessary EDUCATION to fulfill LASFAC’s program responsibilities and duties. Part IV. Student Financial Assistance―Higher AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Education Scholarship and Grant Programs 3021-3036. Chapter 1. Scope HISTORICAL NOTE: Promulgated by the Student Financial A §113. Personally Identifiable Information (PII) ssistance Commission, Office of Student Financial Assistance, LR A. LASFAC recognizes that personally identifiable infor 41: mation must be collected and maintained to determine wheth Chapter 3. Definitions er a student meets the initial and continuing eligibility requir §301. Definitions ements for state and federal financial aid programs administe A. Words and terms not otherwise defined in this Chapte r shall have the meanings ascribed to such words and terms i

65 Louisiana Register Vol. 40, No. 12 December 20, 2014 n this Section. Where the masculine is used in these rules, it i Quality points equal the credit for the course multiplied by the ncludes the feminine, and vice versa; where the singular is u value assigned to the letter grade. sed, it includes the plural, and vice versa. The quality points for courses used to complete the TOPS core * * * curriculum, except for Advanced Placement, International Articulated Courses for College Creditcourses offere Baccalaureate, Gifted and Talented, Honors, Articulated Courses for College Credit and Dual Enrollment courses d by the Louisiana School for Math, Science and the Arts for approved by the Board of Regents and the State Board of which eligible Louisiana colleges have agreed to give colleg Elementary and Secondary Education, used to complete the e credit if the student successfully completes the course and TOPS core curriculum on a 5.00 scale, shall be converted to a attends a participating college. 4.00 scale utilizing the following formula: * * * An “A” shall equal 4.0. Honors Coursesa rigorous high school course used to A “B” shall equal 3.0. complete the TOPS core curriculum approved as an honors c A “C” shall equal 2.0. A “D” shall equal 1.0. ourse for grading on a 5.00 scale by the Board of Elementar An “F” shall equal zero (“0.0”). y and Secondary Education and the Board of Regents. * * * The quality points for Advanced Placement, International Legal Guardian― Baccalaureate, Gifted and Talented, Honors, Articulated Courses for College Credit and Dual Enrollment courses a. an adult appointed by a court of competent jurisdi approved by the Board of Regents and the State Board of ction to have custody and care of a minor, and who demonstr Elementary and Secondary Education used to complete the ates the requirement to provide the primary support for such TOPS core curriculum shall be converted to a 5.00 scale as minor. Also referred to as a court ordered custodian; follows: b. for the purposes of consenting to the collection a An “A” shall equal 5.0. nd disclosure of personally identifying information, the stud A “B” shall equal 4.0. ent's parent, legal guardian, or other person responsible for t A “C” shall equal 3.0. he student. A “D” shall equal 2.0. An “F” shall equal zero (“0.0”). * * * * * * Personally Identifiable Information or PII―personal inf AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ormation about an individual that can be used on its own or 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. with other information to identify, contact, or locate a single HISTORICAL NOTE: Promulgated by the Student Financial A individual. ssistance Commission, Office of Student Financial Assistance, LR * * * 22:338 (May 1996), repromulgated LR 24:632 (April 1998), amend Skill and Occupational Training― ed LR 24:1898 (October 1998), LR 24:2237 (December 1998), LR a. any and all certificate, diploma, associate of appli 25:256 (February 1999), LR 25:654 (April 1999), LR 25:1458 and ed technology, and associate of applied science programs off 1460 (August 1999), LR 25:1794 (October 1999), LR 26:65 (Janua ry 2000), LR 26:688 (April 2000), LR 26:1262 (June 2000), LR 26: ered by eligible colleges/universities; and 1601 (August 2000), LR 26:1993, 1999 (September 2000), LR 26:2 b. any coordinated and comprehensive course of stu 268 (October 2000), LR 26:2752 (December 2000), LR 27:36 (Janu dy offered by eligible colleges/universities which qualifies a ary 2001), LR 27:284 (March 2001), LR 27:1219 (August 2001), L student upon completion to sit for testing leading to and/or R 27:1840 (November 2001), LR 27:1875 (November 2001), LR 2 meeting national and/or state professional/occupational licen 8:45 (January 2002), LR 28:446 (March 2002), LR 28:772 (April 2 sure and/or certification requirements; 002), LR 28:2330, 2331 (November 2002), LR 29:555 (April 2003), c. any training leading to an industry-based certifica LR 29:879 (June 2003), LR 30:1159 (June 2004), LR 30:2015 (Se tion, a certificate of applied science or a certificate of technic ptember 2004), LR 31:36 (January 2005), LR 31:3112 (December 2 al sciences approved by the Workforce Investment Council o 005), LR 33:86 (January 2007), LR 33:439 (March 2007), LR 33:1 339 (July 2007), LR 33:2612 (December 2007), LR 34:234 (Februa ffered by a provider recognized by the Louisiana Workforce ry 2008), LR 34:1388 (July 2008), LR 34:1884 (September 2008), Commission. LR 35:228 (February 2009), LR 35:1489 (August 2009), LR 35:14 * * * 90 (August 2009), LR 36:311 (February 2010), LR 36:490 (March Talented Course―a course developed and provided to f 2010), LR 36:2854 (December 2010), LR 37:1561 (June 2011), LR ulfill an individualized education program for a student who 37:1562 (June 2011), LR 38:1953 (August 2012), LR 38:3156 (Dec has been deemed to be gifted pursuant to R.S. 17:1941 et se ember 2012), LR 39:308 (February 2013), LR 40:53 (January 201 q., as implemented in state Board of Elementary and Second 4), LR 40:281 (February 2014), LR 41: ary Education policy. Chapter 5. Applications, Federal Grant Aid and ACT * * * Test TOPS Cumulative High School Grade Point Average― §502. Consent Required to Process Applications and D a. - e. ... eadlines f. effective for high school graduates beginning wit A. To process an application for financial aid or to allow h academic year (high school) 2017-2018, the TOPS cumula participation in LOSFA programs to provide guidance and m tive grade point average will be calculated by dividing the to otivation in preparing for and achieving eligibility for financ tal number of quality points earned on the courses used to co ial aid programs, certain student personally identifiable infor mplete the TOPS core curriculum by the total units earned to mation (PII) must be provided to LASFAC. The PII required complete the TOPS core curriculum. depends on the financial aid program for which the student i s applying. If the required PII is not provided, an applicant w ill not be determined to be eligible.

Louisiana Register Vol. 40, No. 12 December 20, 2014 66 B. The submission of an application for a financial aid pr 6. ACT plan score; ogram administered by LASFAC or for participation in LOS 7. school lunch program status; FA programs to provide guidance and motivation in preparin 8. standardized test scores; g for and achieving eligibility for financial aid programs con 9. grade point average for each semester and cumulati stitutes consent for the student’s school to collect and disclos ve grade point average. e the student’s PII to LOSFA, and for LOSFA to collect, mai G. Deadlines to Provide Consent to a Public School for t ntain, and use the PII for the program in which the student h he Release of a Student’s PII to LOSFA as indicated a desire to participate, if submitted by: 1. For participation in LOSFA’s program for guidance 1. a student who is judicially emancipated, or emancip and motivation to prepare for and to achieve eligibility for fi ated by marriage, or who is 18 years old or older; or nancial aid programs, the parent or legal guardian, as applica 2. a parent or legal guardian on behalf of a student wh ble, should provide consent by the eighth grade. o is not at least 18 years old and who is not emancipated. 2. For eligibility for payment of a TOPS award for the C. To grant consent for a public school to collect the stud fall semester immediately following high school graduation, ent’s PII and disclose it to LOSFA, the student, parent or leg the student, parent or legal guardian, as applicable, should pr al guardian, as applicable, must sign a consent form provide ovide consent no later than January 15 of the year of graduat d by the public high school that includes the following: ion. 1. purpose(s) for which the PII will be used; 3. The final date for receipt of consent is the January 1 2. who will have access to the PII; 5 immediately following the final deadline for receipt of the 3. how long the PII will be retained by LOSFA; and student’s FAFSA or on-line application. See Section 505 bel 4. how the PII will be destroyed at the end of the reten ow. tion period. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 D. Submission of one of the following constitutes consen 3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1. t for LOSFA to collect, maintain, and use the PII included in HISTORICAL NOTE: Promulgated by the Student Financial A the submission for the purposes of determining eligibility for ssistance Commission, Office of Student Financial Assistance, LR 41: financial aid: Chapter 7. Taylor Opportunity Program for Students 1. free application for federal student aid (FAFSA) na (TOPS) Opportunity, Performance, and ming LOSFA as a recipient; Honors Awards 2. ACT score naming LOSFA as a recipient; §703. Establishing Eligibility 3. ACT WorkKeys score naming LOSFA as a recipien A. - A.5.a.i.(e). … t; * * * 4. SAT score naming LOSFA as a recipient; (f). beginning with the graduates of academic ye 5. TOPS on-line application. ar (high school) 2013-14 through 2016-2017, at the time of h E. The required information for consideration for initial igh school graduation, an applicant must have successfully c eligibility for a TOPS award, includes, but is not limited to, a ompleted 19 units of high school course work that constitute ll the following student information: s a core curriculum and is documented on the student's offici 1. full name; al transcript as approved by the Louisiana Department of Ed 2. date of birth; ucation as follows; 3. Social Security number; 4. student high school transcript data, including but no Units Course t limited to: 1 English I a. month and year of high school graduation; 1 English II b. the course code for each course completed; 1 English III c. the grade for each course completed; 1 English IV d. the term and year each course is completed; 1 Algebra I (1 unit) or Applied Algebra 1A and 1B (2 units) 1 Algebra II e. designation of each advanced placement, Internat 2 Geometry, Calculus, Pre-Calculus, Algebra III, Probability ional Baccalaureate, honors, gifted and talented, articulate and Statistics, Discrete Mathematics, Applied Mathematics d course for college credit, and dual enrollment course; III, Advanced Math – Pre-Calculus, Advanced Math – f. the grading scale for each course reported; and Functions and Statistics, Integrated Mathematics III 1 Biology g. the high school attended for each course reported; 1 Chemistry 5. ACT, ACT WorkKeys, and/or SAT scores; 2 Earth Science, Environmental Science, Physical Science, 6. FAFSA data; Biology II, Chemistry II, Physics, Physics II, or Physics for 7. college transcript data as set forth in Section 1903. Technology or Agriscience I and II (both for 1 unit) F. The required information for consideration for eligibil 1 American History 2 World History, Western Civilization, World Geography or ity for other awards, grants and programs may include, but is History of Religion not limited to, the following student information: 1 Civics and Free Enterprise (1 unit combined) or 1. the information set forth in Subsection E above; Civics (1 unit) 2. student disciplinary data; 1 Fine Arts Survey; (or substitute one unit of a performance course in music, dance, or theater; or substitute one unit of a 3. family income; visual art course; or substitute one unit of a studio art course; 4. dual enrollment high school and college transcript d or substitute one unit of drafting) ata; 2 Foreign Language, both units in the same language 5. foster care status;

67 Louisiana Register Vol. 40, No. 12 December 20, 2014 (g). beginning with the graduates of academic year Units Course (high school) 2017-2018, at the time of high school graduati Art - 1 Unit on, an applicant must have successfully completed 19 units o 1 One unit of Art from: Performance course in Music, Dance, or Theatre; f high school course work that constitutes a core curriculum Fine Arts Survey; and is documented on the student's official transcript as appr Arts I, II, III, and IV; oved by the Louisiana Department of Education as follows; Talented Art I, II, III, and IV; Talented Music I, II, III, and IV; Talented Theater Arts I, II, III, and IV; Units Course Speech III and IV (one unit combined); English - 4 Units AP Art History; 1 English I AP Studio Art: 2-D Design; 1 English II AP Studio Art: 3-D Design; 1 English III, AP English Language Arts and Composition, or AP Studio Art: Drawing; IB English III (Language A or Literature and Performance) AP Music Theory; 1 English IV, AP English Literature and Composition, or IB Film Study I IB; English IV (Language A or Literature and Performance) Film Study II IB; Math - 4 Units Music I IB; Music II IB; 1 Algebra I Art Design III IB; 1 Geometry Art Design IV IB; 1 Algebra II Theatre I IB; or 1 One unit from: Drafting Algebra III; NOTE: AP = Advanced Placement Advanced Math- Functions and Statistics, Advanced Math- IB = International Baccalaureate Pre-Calculus, Pre-Calculus, or Math Methods I IB (Mathematical Studies SL); ii.(a). - ii.(d). … Calculus, AP Calculus AB, or Math Methods II IB (Mathematics SL); * * * AP Calculus BC; Probability and Statistics or AP Statistics; (e). For students graduating in academic year (hi IB Further Mathematics HL; gh school) 2017-2018 and after, for purposes of satisfying th IB Mathematics HL e requirements of §703.A.5.a.i above, or §803.A.6.a, the foll Science - 4 Units 1 Biology I owing courses shall be considered equivalent to the identifie 1 Chemistry I d core courses and may be substituted to satisfy correspondi 2 Two units from: ng core courses. Earth Science; Environmental Science; Core Curriculum Course(s) Equivalent (Substitute) Course Physical Science; Algebra I, Geometry and Integrated Mathematics I, II and III Agriscience I and Agriscience II (one unit combined); Algebra II Chemistry II or AP Chemistry or IB Chemistry II; Any listed core course or its Any core curriculum course taken by a AP Environmental Science or IB Environmental Systems; equivalent. student who has been deemed to be Physics I, AP Physics B, or IB Physics I; gifted and talented pursuant to R.S. AP Physics C: Electricity and Magnetism, AP Physics C: 17:1941 et seq., as implemented in State Mechanics, or IB Physics II; Board of Elementary and Secondary AP Physics I and AP Physics II; Education policy and in fulfillment of Biology II or AP Biology or IB Biology II the student’s Individualized Education Social Studies - 4 Units Program shall be considered a gifted and 1 U.S. History or AP U.S. History or IB U.S. History talented course and shall fulfill the core 1 Civics, Government, AP US Government and Politics: curriculum requirement in its given Comparative, or AP US Government and Politics: United subject area. States 2 Two units from: Western Civilization, European History or AP European (f). For students graduating in academic year (hi History; gh school) 2017-2018 and after, the courses listed in the tabl World Geography, AP Human Geography, or IB Geography; es below have been approved by the Board of Regents and th World History, AP World History, or World History IB; History of Religion; e state Board of Elementary and Secondary Education to be IB Economics converted to a 5.00 scale when used to complete the core cur Economics, riculum, and shall be considered equivalent to the identified AP Macroeconomics AP Microeconomics core courses and may be substituted to satisfy corresponding Foreign Language - 2 Units core courses for purposes of satisfying the requirements of § 2 Foreign Language, both units in the same language, which 703.A.5.a.i above, or §803.A.6.a. may include: (i). Advanced Placement Courses AP Chinese Language and Culture, AP French Language and Culture, AP German Language and Culture, TOPS Core Course Advanced Placement AP Italian Language and Culture, AP Art History AP Studio Art: 2-D Design AP Japanese Language and Culture, Art AP Latin, AP Studio Art: 3-D Design AP Spanish Language and Culture, AP Studio Art: Drawing French IV IB, Biology II AP Biology AP Calculus AB French V IB, Calculus Spanish IV IB, and AP Calculus BC Spanish V IB Chemistry II AP Chemistry Chinese AP Chinese Lang and Culture

Louisiana Register Vol. 40, No. 12 December 20, 2014 68 TOPS Core Course Advanced Placement AP Macroeconomics Economics TOPS Core Course Gifted and Talented AP Microeconomics Art History English III AP English Language and Composition Talented Visual Arts I English IV AP English Literature and Composition Art Talented Visual Arts II Environmental Science AP Environmental Science Talented Visual Arts III European History AP European History Talented Visual Arts IV Fine Arts Survey AP Music Theory Biology II Biology II French AP French Language and Culture Calculus I Calculus German AP German Lang and Culture Calculus II Italian AP Italian Lang and Culture Chemistry I Chemistry I Japanese AP Japanese Lang and Culture Chemistry II Chemistry II Latin AP Latin Chinese III Chinese AP Physics I: Algebra Based Chinese IV AP Physics II: Algebra Based Physics I Economics Economics AP Physics C: Electricity and Magnetism AP Physics C: Mechanics English III English III Probability and AP Statistics English IV English IV Statistics Environmental Science Environmental Science Spanish AP Spanish Lang and Culture US Government or AP U.S. Government and Politics: Comparative European History European History Civics AP U.S. Government and Politics: United States French III French US History AP U.S. History French IV World Geography AP Human Geography German III German World History AP World History German IV Italian III Italian (ii). International Baccalaureate Courses Italian IV Japanese III Japanese Japanese IV TOPS Core Course International Baccalaureate Latin III Latin Advanced Math–Pre Calculus IB Math Studies (Math Methods) Latin IV IB Language ab initio: Arabic Talented Music I, II, III, IV Arabic IB Language B: Arabic Small Voice Ensemble II Choir: Intermediate Art IB Visual Arts Music (Performance) Choir: Advanced IB Biology I Biology II Orchestra: Intermediate IB Biology II Orchestra: Advanced IB Mathematics SL Calculus Physics I Physics IB Mathematics HL Spanish III IB Chemistry I Spanish Chemistry II Spanish IV IB Chemistry II Introduction to Film Studies IB Language ab initio: Chinese Theatre (Performance) Chinese Talented Theater I, II, III, IV IB Language B: Chinese Economics IB Economics US Government or Civics Government IB Literature US History U.S. History English III IB Language and Literature World Geography World/Human Geography IB Literature and Performance IB Literature English IV IB Language and Literature (iv). Dual Enrollment Courses IB Literature and Performance Environmental Science IB Environmental Systems Dual Enrollment TOPS Core IB Language ab initio: French Common Course French Course Common Course Name IB Language B: French Code IB Language ab initio: German German Advanced CMAT 1223 IB Language B: German Math–Pre Trigonometry IB Language ab initio: Italian Italian Calculus IB Language B: Italian Advanced CMAT 1303 IB Language ab initio: Japanese Math- Japanese Introductory Statistics IB Language B: Japanese Functions and Latin IB Classical Language Statistics Music (Performance) IB Music Algebra III College Algebra CMAT 1213 IB Physics I Elementary Arabic I CARB 1013/1014 Physics I Arabic IB Physics II Elementary Arabic II CARB 1023/1024 Pre-Calculus IB Math Studies (Math Methods) Art History I or II CART 2103/2113 IB Language ab initio: Spanish Spanish Art Art Structure/2-D Design CART 1113 IB Language B: Spanish Beginning Drawing CART 2203 IB Film Study General Biology I CBIO 1013 Theatre (Performance) IB Theatre Biology I IB Dance General Biology I (Science Majors) CBIO 1033 General Biology I US History IB History of the Americas I CBIO 1013 General Biology I (Science Majors) World Geography IB Geography CBIO 1033 Biology II General Biology II World History IB History of the Americas II CBIO 1023 General Biology II (Science CBIO 1043 Majors) (iii). Gifted and Talented Courses

69 Louisiana Register Vol. 40, No. 12 December 20, 2014 Dual Enrollment Dual Enrollment TOPS Core TOPS Core Common Course Common Course Course Common Course Name Course Common Course Name Code Code Applied Calculus CMAT 2103 Introduction to American CMAT 2113-5 Government Calculus Calculus I US CPOL 2013 CMAT 2123-5 Introduction to State and Local Calculus II Government or CPOL 2113 Government General Chemistry Survey I CCEM 1013 Civics CPOL 2213 Chemistry I Chemistry I CCEM 1103 Introduction to Comparative Chemistry I (Science Majors) CCEM 1123 Government General, Organic and Biochemistry CCEM 1003 US History American History I or II CHIS 2013/2023 Western General Chemistry Survey I CCEM 1013 Western Civilization I or II CHIS 1013/1023 Chemistry I CCEM 1103 Civilization Chemistry II World Chemistry I (Science Majors) CCEM 1123 World Regional Geography CGRG 2113 Chemistry II CCEM 1113 Geography Chemistry II (Science Majors) CCEM 1133 World History World Civilization I or II CHIS 1113/1123 Physical Geology CGEO 1103 Earth Science Historical Geology CGEO 1113 A.5.a.iii.(a). - J.4.b.ii. … Economic Principles CECN 2113 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 Economics Macroeconomics CECN 2213 Microeconomics CECN 2223 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. English Composition I CENL 1013 HISTORICAL NOTE: Promulgated by the Student Financial A English Composition II CENL 1023 ssistance Commission, Office of Student Financial Assistance, LR English III American Literature I CENL 2153 22:338 (May 1996), repromulgated LR 24:636 (April 1998), amend American Literature II CENL 2163 ed LR 24:1902 (October 1998), LR 24:2237 (December 1998), LR Major American Writers CENL 2173 25:257 (February 1999), LR 25:655 (April 1999), LR 25:1794 (Oct English Composition I CENL 1013 ober 1999), LR 26:64, 67 (January 2000), LR 26:689 (April 2000), English Composition II CENL 1023 LR 26:1262 (June 2000), LR 26:1602 (August 2000), LR 26:1996, British Literature I CENL 2103 1999, 2001 (September 2000), LR 26:2268 (October 2000), LR 26: British Literature II CENL 2113 Major British Writers CENL 2123 2753 (December 2000), LR 27:36 (January 2001), LR 27:702 (May World Literature I CENL 2203 2001), LR 27:1219, 1219 (August 2001), repromulgated LR 27:185 English IV World Literature II CENL 2213 0 (November 2001), amended LR 28:772 (April 2002), LR 28:2330, Major World Writers CENL 2223 2332 (November 2002), LR 29:125 (February 2003), LR 29:2372 Introduction to Fiction CENL 2303 (November 2003), LR 30:1162 (June 2004), LR 30:1471 (July 200 Introduction to Literature CENL 2323 4), LR 30:2019 (September 2004), LR 31:37 (January 2005), LR 31 Introduction to Poetry and/or CENL 2313 2213 (September 2005), LR 31:3112 (December 2005), LR 32:223 Drama 9 (December 2006), LR 33:435 (March 2007), LR 33:2357 (Novem Environmental Environmental Science CEVS 1103 Science ber 2007), LR 33:2612 (December 2007), LR 34:1389 (July 2008), Exploring the Arts CART 1013 LR 35:228 (February 2009), LR 36:312 (February 2010), LR 36:49 Fine Arts Introduction to Visual Arts CART 1023 0 (March 2010), LR 36:2269 (October 2010), LR 36:2855 (Decemb Survey Dance Appreciation CDNC 1013 er 2010), LR 37:2987 (October 2011), LR 38:354 (February 2012), Music Appreciation CMUS 1013 LR 38:3158 (December 2012), LR 39:481 (March 2013), LR 39:24 Elementary French I CFRN 1013/1014 85 (September 2013), LR 40:54 (January 2014), LR 41: Elementary French II CFRN 1023/1024 French Chapter 8. TOPS-Tech Award Intermediate French I CFRN 2013/2014 Intermediate French II CFRN 2023 §803. Establishing Eligibility Elementary German I CGRM 1013/1014 A. - A.6.a.i. … Elementary German II CGRM 1023/1024 German ii. for students graduating in the 2000-2001 schoo Intermediate German I CGRM 2013 l year through the 2012-2013 school year, the high school co Intermediate German II CGRM 2023 urse work documented on the student's official transcript as a History Of World Religions CPHL 2213 Religion pproved by the Louisiana Department of Education constitut Elementary Latin I CLTN 1013/1014 ing the following TOPS-Tech core curriculum; Elementary Latin II CLTN 1023/1024 Latin Intermediate Latin I CLTN 2013 Core Curriculum―TOPS-Tech Award Intermediate Latin II CLTN 2023 Units Course Physical 1 English I Science Physical Science I CPHY 1023 1 English II 1 English III Physics I (Algebra/Trigonometry CPHY 2113 1 English IV or substitute 1 unit of Business English Based) Physics I CPHY 2114 Physics I (Lecture and Lab) 1 Algebra I; or both Algebra I, Part 1 and Algebra I, Part 2; or CPHY 2133 Physics I (Calculus Based) both Applied Mathematics I and Applied Mathematics II Pre-Calculus Algebra and Trigonometry CMAT 1233 2 Geometry, Applied Mathematics III, Algebra II, Financial Mathematics, Advanced Mathematics I [beginning with Probability CMAT 1303 Introductory Statistics the 2008-2009 academic year (high school) this course is and Statistics renamed Advanced Math – Pre-Calculus], Advanced Elementary Spanish I CSPN 1013/1014 Mathematics II [beginning with the 2008-2009 academic Elementary Spanish II CSPN 1023/1024 Spanish year (high school) this course is renamed Advanced Math Intermediate Spanish I CSPN 2013/2014 – Functions and Statistics], Discrete Mathematics, or Intermediate Spanish II CSPN 2023 Probability and Statistics (2 units). Integrated Mathematics Theatre Acting I or II CTHE 2103/2113 I, II, and III may be substituted for Algebra I, Geometry (Performance) Introduction to Theatre CTHE 1013 and Algebra II, and shall be considered the equivalent of the 3 required math units 1 Biology

Louisiana Register Vol. 40, No. 12 December 20, 2014 70 Core Curriculum―TOPS-Tech Award 1/2 Computer Science, Computer Literacy or Business Computer Units Course Applications (or substitute at least 1/2 unit of an elective 1 Chemistry or Applied Chemistry course related to computers that is approved by the State 1 Earth Science, Environmental Science, Physical Science, Board of Elementary and Secondary Education; or substitute Integrated Science, Biology II, Chemistry II, Physics, at least 1/2 unit of an elective from among the other subjects Physics II, or Physics for Technology or Agriscience I and listed in this core curriculum) II (both for 1 unit) 1 American History iv. for students graduating in the 2013-2014 schoo 1 World History, Western Civilization, or World Geography l year and thereafter, the high school course work documente 1 Civics and Free Enterprise (1 unit combined) or Civics (1 unit, nonpublic) d on the student's official transcript as approved by the Louis Remaining Core Courses Shall Be Selected iana Department of Education constituting the following TO from One of the Following Options: PS-Tech core curriculum. Option 1Total of 17 units 1 Fine Arts Survey or substitute 2 units of performance Core Curriculum―TOPS-Tech Award courses in music, dance, or theater; or substitute 2 units of Units Course visual art courses; or substitute 2 units of studio art 1 English I courses; or a course from the Career and Technical Program of studies that is approved by the BESE (must be 1 English II listed under the Vocational Education Course Offerings in 1 English III Bulletin 741 or the updates to Bulletin 741); or substitute 1 English IV or substitute 1 unit of Business English 1 unit as an elective from among the other subjects listed 1 Algebra I; or both Algebra I, Part 1 and Algebra I, Part 2; or in this core curriculum both Applied Mathematics I and Applied Mathematics II 2 Foreign Language, Technical Writing, 2 Geometry, Applied Mathematics III, Algebra II, Financial Speech I or Speech II Mathematics, Advanced Mathematics I [beginning with the 1 One unit from the secondary computer education program 2008-2009 academic year (high school) this course is of studies that is approved by the BESE renamed Advanced Math – Pre-Calculus], Advanced or Mathematics II [beginning with the 2008-2009 academic year (high school) this course is renamed Advanced Math – Option 2Total of 19 Units Functions and Statistics], Discrete Mathematics, or 4 In a career major comprised of a sequence of related Probability and Statistics (2 units). Integrated Mathematics specialty courses. In order for a student to use this option, I, II, and III may be substituted for Algebra I, Geometry the courses for the career major must be approved by and Algebra II, and shall be considered the equivalent of BESE. the 3 required math units 1 Credit in a basic computer course. 1 Biology 1 In related or technical fields. A related course includes any 2 Earth Science, Environmental Science, Physical Science, course which is listed under the student's major. A Integrated Science, Biology II, or Chemistry or Applied technical course is one that is listed in the approved career Chemistry, Chemistry II, Physics, Physics II, or Physics for option plan for the high school at which the course is Technology or Agriscience I and II (both for 1 unit) taken. 1 American History 1 World History, Western Civilization, or World Geography iii. for students graduating through the 2001-2002 1 Civics and Free Enterprise (1 unit combined) or school year, the TOPS-Tech core curriculum as follows; Civics (1 unit, nonpublic) Remaining Core Courses Shall Be Selected from One of the Following Options: Core Curriculum―TOPS-Tech Award Option 1Total of 17 units Units Course 1 Fine Arts Survey or drafting (one unit) or substitute 2 units 1 English I of performance courses in music, dance, or theater; or 1 English II substitute 2 units of visual art courses; or substitute 2 units 1 English III of studio art courses; or a course from the Career and 1 English IV or Business English Technical Program of studies that is approved by the BESE 1 Algebra I (1 unit) or Applied Algebra IA and 1B (2 units) (must be listed under the Vocational Education Course 1 Algebra II Offerings in Bulletin 741 or the updates to Bulletin 741); or 1 Geometry or Applied Geometry, Trigonometry, Calculus or substitute 1 unit as an elective from among the other comparable Advanced Mathematics subjects listed in this core curriculum 1 Biology 2 Foreign Language, Technical Writing, 1 Chemistry or Applied Physics Speech I or Speech II 1 Earth Science, Environmental Science, Physical Science, 1 One unit from the secondary computer education program of Biology II, Chemistry II, Physics, Physics II or Physics for studies that is approved by the BESE Technology or Agriscience I and II (both for 1 unit) or 1 American History Option 2Total of 19 Units 1 World History, Western Civilization or World Geography 4 In a career major comprised of a sequence of related 1 Civics and Free Enterprise (1 unit combined) or specialty courses. In order for a student to use this option, Civics (1 unit, non-public) the courses for the career major must be approved by 1 Fine Arts Survey or any approved vocational course in the BESE. areas of Agriscience, Business Education, Family and 1 Credit in a basic computer course. Consumer Science, Health Occupations, Marketing 1 In related or technical fields. A related course includes any Education, Technology Education, or Trade and Industrial course which is listed under the student's major. A Education; (or substitute 2 units of performance courses in technical course is one that is listed in the approved career music, dance or theater; or 2 units of studio art or 2 units of option plan for the high school at which the course is taken. visual art courses; or 1 elective from among the other subjects listed in this core curriculum) 2 In a single Foreign Language. (1 unit for students graduating A.6.b. - B.4.b.ii. … from high school during the 1996-97 and 1997-98 school AUTHORITY NOTE: Promulgated in accordance with R.S. 17 years.) or Technical Writing, Speech I or Speech II (2 units). 3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.

71 Louisiana Register Vol. 40, No. 12 December 20, 2014 HISTORICAL NOTE: Promulgated by the Student Financial A (e). designation of each advanced placement, Int ssistance Commission, Office of Student Financial Assistance, LR ernational Baccalaureate, honors, gifted and talented, artic 24:1904 (October 1998), amended LR 24:2237 (December 1998), ulated course for college credit, and dual enrollment course; LR 25:1795 (October 1999), LR 26:65 and 67 (January 2000), LR (f). the grading scale for each course reported; a 26:1602 (August 2000), LR 26:1997 (September 2000), LR 26:226 9 (October 2000), LR 26:2754 (December 2000), LR 27:36 (Januar nd y 2001), LR 27:1220 (August 2001), repromulgated LR 27:1854 (N (g). the high school attended for each course repo ovember 2001), amended LR 28:447 (March 2002), LR 28:773 (Ap rted. ril 2002), LR 28:2330 (November 2002), LR 29:554 (April 2003), B.3. - D.2.b. … LR 30:1164 (June 2004), LR 30:2019 (September 2004), LR 31:39 3. commencing with the 2014-2015 academic year (hi (January 2005), LR 31:3114 (December 2005), LR 33:437 (March gh school), the submission of the required data by the high s 2007), LR 33:2614 (December 2007), LR 35:230 (February 2009), chool headmaster or principal or designee of Louisiana publi LR 36:491 (March 2010), LR 36:2270 (October 2010), LR 36:2856 c high schools as defined in §1703.A.1 above shall constitute (December 2010), LR 38:3159 (December 2012), LR 41: a certification that: Chapter 17. Responsibilities of High Schools, School B a. the school has complied with the requirements of oards, Special School Governing Boards, t R.S. 17:3913.K to: he Louisiana Department of Education an i. beginning in the eighth grade, annually at the b d LASFAC on Behalf of Eligible Non-Lou eginning of each school year, provide a form to be signed by isiana High Schools the parent or legal guardian of each student enrolled in the sc §1703. High School’s Certification of Student Achievem hool, whereby the student's parent or legal guardian may pro ent vide consent or deny consent for the collection and disclosur A. - B.2.b.viii. … e of the student's personally identifiable information as follo c. Commencing with the 2014-2015 academic year ws: (high school), for each student for whom the school has been (a). full name; granted consent to collect and disclose PII to LOSFA, Louisi (b). date of birth; ana public high schools as defined in §1703.A.1 above shall (c). Social Security number; and collect the following reportable data elements for each year (d). transcript data, including, but not limited to: of attendance for those students in the ninth through twelfth (i). student’s BESE identification number; grades: (ii). month and year of high school i. verification that the school has been granted wr graduation; itten consent to collect and disclose the student’s PII to LOS (iii). the course code for each course FA from the student’s parent or legal guardian, if the student completed; is not at least 18 or judicially emancipated; or by the student, (iv). the grade for each course completed; if the student is at least 18 or judicially emancipated; (v). the term and year each course is ii. student's full name, date of birth, and Social Se completed; curity number; (vi). designation of each advanced iii. transcript data, including, but not limited to: placement, International Baccalaureate, honors, gifted and (a). student’s BESE identification number; talented, articulated course for college credit, and dual (b). month and year of high school graduation; enrollment course; (c). the course code for each course completed; (vii). the grading scale for each course (d). the grade for each course completed; reported; and (e). the term and year each course is completed; (viii). the high school attended for each (f). designation of each advanced placement, Int course reported; ernational Baccalaureate, honors, gifted and talented, artic ii. use a form provided by LOSFA or a form subst ulated course for college credit, and dual enrollment course; antially similar to LOSFA’s form that: (g). the grading scale for each course reported; a (a). provides notification of exactly what items o nd f student information will be collected and that disclosure of (h). the high school attended for each course repo the student information collected will be restricted to Louisia rted. na postsecondary educational institutions and the Office of S d. Commencing with the 2014-15 academic year (hi tudent Financial Assistance to be used solely for the purpose gh school), certification from all approved non-public Louisi of processing applications for admission and for state and fe ana high schools as defined in §1703.A.2 and 3 above shall c deral financial aid; ontain, but is not limited to, the following reportable data ele (b). requires acknowledgment that the failure to ments: provide written consent for the collection and disclosure of t i. student's full name, date of birth, and Social Se he student's information may result in delays or may prevent curity number; successful application for admission to a postsecondary educ ii. transcript data, including, but not limited to: ational institution and for state and federal student financial (a). month and year of high school graduation; aid; (b). the course code for each course completed; iii. collect the personally identifiable information f (c). the grade for each course completed; or each student for whom consent was provided; (d). the term and year each course is completed; 4. commencing with the 2003 academic year (high sch ool), if a student is determined to be eligible for a TOPS awa

Louisiana Register Vol. 40, No. 12 December 20, 2014 72 rd based on data that is incorrect and the student was in fact i orize the name change of a core curricula course, including n neligible for a TOPS award or the level awarded, the high sc ecessary changes to equivalencies and course names for adv hool must reimburse LASFAC for the amount paid in excess anced placement and International Baccalaureate courses a of what the student was eligible for. s prescribed by the College Board or the International Baccal AUTHORITY NOTE: Promulgated in accordance with R.S. 17 aureate Foundation. 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. B. The determination of a course as equivalent to a cours HISTORICAL NOTE: Promulgated by the Student Financial A e included in the definition of core curriculum shall be limite ssistance Commission, Office of Student Financial Assistance, LR d to those courses identified in the secondary programs of st 22:338 (May 1996), repromulgated LR 24:643 (April 1998), amend ed LR 24:1912 (October 1998), LR 25:258 (February 1999), LR 26 udy contained in the Louisiana Handbook for School Admini 1998 (September 2000), LR 26:2269 (October 2000), repromulgate strators (LDE Bulletin 741). d LR 27:1863 (November 2001), amended LR 29:880 (June 2003), C. Prior to initiating rulemaking to determine course equ LR 30:1165 (June 2004), LR 40:57 (January 2014), LR 41: ivalents or to authorize a name change, LASFAC must seek t Chapter 21. Miscellaneous Provisions and Exceptions he written comments and recommendation of the Louisiana §2103. Circumstances Warranting Exception to the Init Board of Regents. ial and Continuous Enrollment Requirements D. Only those recommendations for a name change or fo A. - D.3. ... r the designation of an equivalent course which have been su E. Qualifying Exceptions to the Initial and Continuous E bmitted by a local school board or other equivalent educatio nrollment Requirement. A student who has been declared ine n agency for private schools will be considered by LASFAC ligible for TOPS, TOPS-Tech, TOPS Teacher, the Rockefelle and such recommendations shall be submitted directly to the r State Wildlife Scholarship or the Louisiana GO Youth Chal Office of Student Financial Assistance, Attention: Legal Divi lenge Program because of failure to meet the initial or contin sion. uous enrollment requirements may request reinstatement in t AUTHORITY NOTE: Promulgated in accordance with R.S. 17 hat program based on one or more of the following exceptio 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. ns. HISTORICAL NOTE: Promulgated by the Student Financial A ssistance Commission, Office of Student Financial Assistance, LR 1. Parental Leave 22:338 (May 1996), repromulgated LR 24:1921 (October 1998), a a. Definition. The student/recipient is pregnant or c mended LR 27:1220 (August 2001), repromulgated LR 27:1871 (N aring for a newborn or newly adopted child less than one yea ovember 2001), amended LR 41: r of age. Family Impact Statement b. Certification Requirements. The student/recipient The proposed Rule has no known impact on family format must submit: ion, stability, or autonomy, as described in R.S. 49:972. i. a completed exception request form including Poverty Impact Statement official college transcripts; and The proposed rulemaking will have no impact on poverty ii. a written statement from a doctor of medicine as described in R.S. 49:973. who is legally authorized to practice certifying the date of di Small Business Statement agnosis of pregnancy and the anticipated delivery date or the The proposed Rule will have no adverse impact on small b actual birth date or a copy of the hospital's certificate of live usinesses as described in R.S. 49:965.2 et seq. birth or a copy of the official birth certificate or equivalent o Provider Impact Statement fficial document or written documentation from the person o The proposed Rule will have no adverse impact on provid r agency completing the adoption that confirms the adoption ers of services for individuals with developmental disabilitie and date of adoption. s as described in HCR 170 of 2014. c. Maximum Length of Exception. Up to the equiva Public Comments lent of one academic year (college) per pregnancy. Interested persons may submit written comments on the pr E.2. - G.5.b.iii. … oposed changes (SG15159NI) until 4:30 p.m., January 9, 20 AUTHORITY NOTE: Promulgated in accordance with R.S. 17 15, by email to [email protected] or to Sujuan Will 3021-3025, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3050.1-305 iams Boutté, Ed. D., Executive Director, Office of Student Fi 0.4. nancial Assistance, P.O. Box 91202, Baton Rouge, LA 7082 HISTORICAL NOTE: Promulgated by the Student Financial A ssistance Commission, Office of Student Financial Assistance, LR 1-9202. 22:338 (May 1996), amended LR 23:1648 (December 1997), repro mulgated LR 24:647 (April 1998), amended LR 24:1916 (October George Badge Eldredge 1998), LR 26:1015 (May 2000), LR 26:2002 (September 2000), LR General Counsel 27:36 (January 2001), repromulgated LR 27:1866 (November 200 1), amended LR 27:1875 (November 2001), LR 28:46 (January 200 FISCAL AND ECONOMIC IMPACT STATEMENT 2), LR 28:449 (March 2002), LR 28:775 (April 2002), LR 28:2330 FOR ADMINISTRATIVE RULES and 2333 (November 2002), LR 29:126 (February 2003), LR 29:23 RULE TITLE: Scholarship/Grant Programs 73 (November 2003), LR 29:2373 (November 2003), LR 30:785 (A pril 2004), LR 30:1167 (June 2004), LR 31:1060 (May 2005), LR 3 Personally Identifiable Information 3:440 (March 2007), LR 35:1233 (July 2009), LR 38:3160 (Decem and TOPS Core Curriculum ber 2012), LR 41: §2113. Revision of the Core Curricula I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO A. LASFAC is authorized by law, subject to prior approv STATE OR LOCAL GOVERNMENT UNITS (Summary) The overall fiscal impact from rules implementing Act 837 al by BESE, to determine a high school level course to be eq of the 2014 Regular Session is indeterminable, but could be uivalent to a course described in the core curricula or to auth

73 Louisiana Register Vol. 40, No. 12 December 20, 2014 significant if the Louisiana Office of Student Financial 1412#039 Legislative Fiscal Office Assistance (LOSFA) is unable to obtain information needed to determine eligibility for financial aid and scholarship programs NOTICE OF INTENT from the Unique Statewide Student Identifier System developed by the contractor selected by Louisiana Department Student Financial Assistance Commission of Education (LDE). On October 1, 2014 the LDE released a Office of Student Finanical Assistance request for proposal (RFP) to develop a Unique Statewide Student Identifier System to comply with Act 837 of the 2014 Scholarship/Grant Programs Regular Legislative Session. It is unclear from review of the TOPS Continuation Requirements RFP if LOSFA will be able to obtain information needed to (LAC 28:IV.301, 501, 503, 505, 507, determine eligibility for financial aid and scholarship programs 701, 703, 705, 801, 805, 1903, and 2103) in FY 16 and thereafter, including the Taylor Opportunity Program for Students (TOPS) Program, from the Unique Statewide Student Identifier System developed by the The Louisiana Student Financial Assistance Commission contractor selected by LDE. The RFP states that the contract is (LASFAC) announces its intention to amend its scholarship/ tentatively scheduled to begin on or about January 5, 2015. grant rules (R.S. 17:3021-3025, R.S. 3041.10-3041.15, R.S. Furthermore, the RFP states that the system shall be operational 17:3042.1, R.S. 17:3048.1, R.S. 17:3048.5, and R.S. 17:3048. by May 1, 2015, and that all public students must be assigned a 6). unique identification number by June 1, 2015. It is unclear This rulemaking amends the scholarship and grant rules pr when LOSFA will know if and how the new system will ovide that students with the TOPS Opportunity, Performance provide the information needed to determine eligibility for and Honors Awards must meet the same continuation require financial aid and scholarship programs in FY 16 and thereafter. However, LOSFA may need to develop its own student ment if they are enrolled in academic or technical programs. information system if the LDE system cannot provide the Beginning with the 2015-16 academic year, all postsecondar needed information. There is no way to estimate the costs to y courses attempted and grades earned will be used to deter LOSFA to develop the agency’s own student information mine whether these students have met the requirement to ear tracking system if necessary, but the costs and the time required n at least 24 hours each year and to maintain the minimum re to create the system would be significant. quired cumulative grade point average. (SG15158NI) Considering the statutory and regulatory requirements for Title 28 obtaining contractual services, LOSFA would not be able to EDUCATION develop an automated system prior to the agency’s timelines in calendar year 2015 to determine eligibility for financial aid and Part IV. Student Financial Assistance―Higher scholarship programs for academic year 2015-16. The Education Scholarship and Grant Programs alternative would be to create a system by which school Chapter 3. Definitions districts would report all data needed to determine TOPS §301. Definitions eligibility to LOSFA and to create a system for determining A. Words and terms not otherwise defined in this Chapte whether students have met the core curriculum requirements r shall have the meanings ascribed to such words and terms i and required grade point average and integrating this new n this Section. Where the masculine is used in these rules, it i system into LOSFA’s existing Award System which would ncludes the feminine, and vice versa; where the singular is u increase staffing needs and operating expenses by an sed, it includes the plural, and vice versa. indeterminable amount. State costs will increase by an estimated $1.24 million per * * * year beginning in Fiscal Year 2018-2019 due to Act 733 that Academic Year (College)―begins with the fall term of t adds talented, honors and articulated courses to the list of he award year and concludes immediately before the next fal courses that use a 5 point scale in calculating the TOPS Core l term commences unless specifically provided otherwise in t Curriculum GPA. Rules implementing TOPS Core Curriculum hese rules. All intersessions and summer sessions are include changes in Act 566, TOPS Tech Core Curriculum changes in d. Act 737, and changes clarifying parental leave exceptions will * * * not have significant impacts on state costs. There are no Academic Year (TOPS)―for students who are eligible f estimated implementation costs or savings to local governmental units. or a TOPS Tech, Opportunity, Performance or Honors Award: II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE a. through the 2007-2008 academic year, the two- a OR LOCAL GOVERNMENTAL UNITS (Summary) nd four-year college and university academic year begins wi There is no impact on state or local governmental revenues. th the fall term of the award year, includes the winter term, if III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO applicable, and concludes with the completion of the spring t DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL erm of the award year. Intersessions ending during the acade GROUPS (Summary) mic year are included in the academic year. The two- and fo Some parents will be required to fully fund their student’s ur-year college and university academic year does not includ postsecondary education due to their decision to not share student data needed to determine eligibility for financial aid e summer sessions or intersessions that do not end during the and scholarship programs per Act 837. academic year; IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT b. during the 2008-2009 academic year, the academ (Summary) ic year begins with the fall term of the award year, includes t Competition and employment will not be affected by the he winter term, if applicable, and concludes with the complet proposed change. ion of the intersession immediately following the spring ter m of the award year. Intersessions ending during the academ George Badge Eldredge Evan Brasseaux ic year, including the intersession immediately following the General Counsel Staff Director spring term, are included in the academic year. The two- and

Louisiana Register Vol. 40, No. 12 December 20, 2014 74 four-year college and university academic year does not incl by a regional accrediting organization recognized by the Uni ude summer sessions or other intersessions; ted States Department of Education and, thereafter, returns t c. during the 2009-2010 and 2010-2011 academic y o Louisiana and enrolls as a full-time student in an eligible c ears, the academic year begins with the fall term of the awar ollege or university; or d year and concludes with the completion of the spring term b. who was determined eligible for a TOPS Opportu of the award year or the intersession immediately following t nity, Performance or Honors Award and enrolled for the first he spring term if such intersession ends no later than June 15, time as a full-time student no later than the deadline establis whichever is later. Any intersession or term that begins and hed in §703.A.4 in an eligible college or university in Louisi ends during the academic year is included. The two- and fou ana, subsequently enrolled in an out-of-state postsecondary i r-year college and university academic year does not include nstitution accredited by a regional accrediting organization r other intersessions or summer sessions. See the definition of ecognized by the United States Department of Education and, intersession below; thereafter, returns to Louisiana and enrolls as a full-time stu d. beginning with the 2011-2012 academic year and dent in an eligible college or university during or after the 20 thereafter, the academic year begins with the fall term of the 09-2010 academic year ( TOPS). award year and concludes immediately before the next fall te * * * rm commences. All intersessions and summer sessions are in TOPS Cumulative Grade Point Average (Academic)―th cluded. rough the 2014-15 academic year (TOPS), the grade point av * * * erage calculated by LOSFA on all academic courses taken by Average Award Amount (TOPS-Tech)―is applicable to t a student at postsecondary institutions to determine whether hose students awarded the TOPS-Tech and TOPS Opportunit the student has maintained steady academic progress and wh y, Performance, and Honors Awards who attend a regionally ether the student has met the minimum grade point average r accredited independent college or university in Louisiana tha equired to maintain eligibility for continuation of a TOPS aw t is a member of the Louisiana Association of Independent C ard. The cumulative grade point average shall be calculated olleges and Universities or who attend an eligible cosmetolo on a 4.00 scale and must include all academic courses from a gy or proprietary school and are enrolled in a vocational, tec ll postsecondary institutions attended for which the student h hnical education certificate or diploma program or non-acad as been awarded a grade. Academic courses taken at a colleg emic undergraduate degree program, and is determined by di e or university while the student was still in high school and viding the total dollar value of awards, which are made to st at postsecondary institutions other than the institution at whi udents enrolled in the same types of programs in the prior ac ch the student is currently enrolled must be included in the c ademic year (TOPS) at eligible public colleges and universiti alculation. Grades earned in non-academic courses and cours es that do not offer academic degrees at the baccalaureate lev es taken on a pass/fail basis are not considered in the calculat el, by the total number of students that received the awards. ion of the cumulative grade point average. * * * TOPS Cumulative Grade Point Average Award Year―the academic year (TOPS) during which a (Non-Academic)―through the 2014-15 academic year (TOP TOPS award is paid. S), the grade point average calculated by LOSFA on all non- * * * academic courses taken by a student at postsecondary institu Eligible Colleges or Universities―Louisiana public coll tions to determine whether the student has maintained steady eges or universities and regionally accredited independent co academic progress and whether the student has met the mini lleges or universities in the state that are members of the Lou mum grade point average required to maintain eligibility for isiana Association of Independent Colleges and Universities; continuation of a TOPS award. The cumulative grade point a for recipients of the TOPS Tech Award only, beginning with verage shall be calculated on a 4.00 scale and must include a the 2009-2010 academic year (TOPS), and for recipients of t ll non-academic courses from all postsecondary institutions a he TOPS Tech, Opportunity, Performance and Honors Award, ttended for which the student has been awarded a grade. No beginning with the 2010-2011 academic year (TOPS), any s n-academic courses taken at a college or university while the chool that has a valid and current certificate of registration is student was still in high school and at postsecondary instituti sued by the state Board of Cosmetology in accordance with l ons other than the institution at which the student is currentl aw and that is accredited by an accrediting organization reco y enrolled must be included in the calculation. Grades earne gnized by the United States Department of Education and an d in academic courses and courses taken on a pass/fail basis y proprietary school that has a valid and current license issue are not considered in the calculation of the cumulative grade d by the Board of Regents in accordance with law and that is point average. accredited by an accrediting organization recognized by the TOPS Cumulative Grade Point Average (Opportunity, P United States Department of Education. erformance, Honors)―beginning with the 2015-16 academi * * * c year (TOPS), the grade point average for students with the Program Year (Non-Academic Program)―Repealed. TOPS Opportunity, Performance and Honors Awards shall b * * * e calculated by LOSFA on all courses taken by a student at p Returning Student―a student who graduated from high ostsecondary institutions. school beginning with academic year (high school): a. These courses shall include those taken at postsec a. 2001-2002, and met all the academic requirement ondary institutions while the student was still in high school s for a TOPS award, but who enrolled for the first time as a f and at postsecondary institutions other than the institution at ull-time student no later than the deadline established in §70 which the student is currently enrolled. 3.A.4 in an out-of-state postsecondary institution accredited

75 Louisiana Register Vol. 40, No. 12 December 20, 2014 b. The average for these courses shall be calculated ms must apply for federal aid by completing the free applicat on a 4.00 scale and shall include all courses for which the stu ion for federal student aid (FAFSA) for the academic year fo dent has been awarded a grade. The average shall not includ llowing the year the student graduated from high school. For e courses graded on a pass/fail basis. example, if the student will graduate from high school in sch c. This average will be used to determine whether t ool year 2002-2003, submit the 2003-2004 version of the FA he student has maintained steady academic progress and whe FSA. ther the student has met the minimum grade point average re 2. All new applicants for TOPS Opportunity, Performa quired to maintain eligibility for continuation of a TOPS Op nce, Honors and TOPS-Tech Awards who graduate from hig portunity, Performance or Honors Award. h school during the 2001-2002 or 2002-2003 academic years TOPS Cumulative Grade Point Average (TOPS Tech)― (high school) must apply for federal aid by completing the fr beginning with the 2015-2016 academic year (TOPS) the gra ee application for federal student aid (FAFSA) for the acade de point average for a student with the TOPS Tech Award sh mic year (TOPS) the applicant will be a first-time, full-time all be calculated by LOSFA on all courses taken by a student student. For example, if the applicant will graduate from hig at postsecondary institutions while enrolled in a skill, occupa h school in the 2002-2003 academic year (high school) and d tional or technical program. oes not intend to enroll as a first-time, full-time student until a. These courses shall include all those taken in skil the fall semester of 2004, he must submit the 2004-2005 vers l, occupational or technical programs at postsecondary instit ion of the FAFSA. utions while the student was still in high school and at postse A.2.a. - C.2. … condary institutions other than the institution at which the st AUTHORITY NOTE: Promulgated in accordance with R.S. 17 udent is currently enrolled. 3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1. b. The average for these courses shall be calculated HISTORICAL NOTE: Promulgated by the Student Financial A on a 4.00 scale and shall include all courses while enrolled i ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:635 (April 1998), LR 24: n a skill, occupational or technical program for which the stu 1900 (October 1998), amended LR 26:1994 (September 2000), repr dent has been awarded a grade. The average shall not includ omulgated LR 27:1846 (November 2001), amended LR 29:554 (Ap e courses graded on a pass/fail basis. ril 2003), LR 30:2015 (September 2004), LR 31:36 (January 2005), c. This average will be used to determine whether t LR 31:1060 (May 2005), LR 41: he student has maintained steady academic progress and whe §503. Application Deadlines for High School Graduate ther the student has met the minimum grade point average re s of 2003 and Earlier quired to maintain eligibility for continuation of a TOPS Tec A. - B.1.a. … h Award. b. For applicants graduating from high school durin * * * g or after the 2001-2002 academic year (high school), in ord AUTHORITY NOTE: Promulgated in accordance with R.S. 17 er to receive the full benefits of a TOPS award as provided i 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. n §701.E, the final deadline for receipt of a student's initial F HISTORICAL NOTE: Promulgated by the Student Financial A AFSA application is the July 1 immediately preceding the ac ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:632 (April 1998), amend ademic year (TOPS) in which the applicant will be a first-ti ed LR 24:1898 (October 1998), LR 24:2237 (December 1998), LR me, full-time student. 25:256 (February 1999), LR 25:654 (April 1999), LR 25:1458 and B.1.c. - E. … 1460 (August 1999), LR 25:1794 (October 1999), LR 26:65 (Janua AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ry 2000), LR 26:688 (April 2000), LR 26:1262 (June 2000), LR 26: 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. 1601 (August 2000), LR 26:1993, 1999 (September 2000), LR 26:2 HISTORICAL NOTE: Promulgated by the Student Financial A 268 (October 2000), LR 26:2752 (December 2000), LR 27:36 (Janu ssistance Commission, Office of Student Financial Assistance, LR ary 2001), LR 27:284 (March 2001), LR 27:1219 (August 2001), L 22:338 (May 1996), repromulgated LR 24:635 (April 1998), LR 24: R 27:1840 (November 2001), LR 27:1875 (November 2001), LR 2 1900 (October 1998), amended LR 25:655 (April 1999), LR 25:239 8:45 (January 2002), LR 28:446 (March 2002), LR 28:772 (April 2 6 (December 1999), LR 26:1994 (September 2000), repromulgated 002), LR 28:2330, 2331 (November 2002), LR 29:555 (April 2003), LR 27:1847 (November 2001), amended LR 28:447 (March 2002), LR 29:879 (June 2003), LR 30:1159 (June 2004), LR 30:2015 (Se LR 28:1760 (August 2002), LR 29:554 (April 2003), LR 30:1471 ptember 2004), LR 31:36 (January 2005), LR 31:3112 (December 2 (July 2004), LR 30:2016 (September 2004), LR 33:440 (March 200 005), LR 33:86 (January 2007), LR 33:439 (March 2007), LR 33:1 7), LR 41: 339 (July 2007), LR 33:2612 (December 2007), LR 34:234 (Februa §505. Application Deadlines for High School Graduate ry 2008), LR 34:1388 (July 2008), LR 34:1884 (September 2008), s and Home Study Completers of 2004 and Later LR 35:228 (February 2009), LR 35:1489 (August 2009), LR 35:14 and Eligible Non-Graduates 90 (August 2009), LR 36:311 (February 2010), LR 36:490 (March A.1. - A.3. … 2010), LR 36:2854 (December 2010), LR 37:1561 (June 2011), LR B. Deadline for Payment for the Academic Year (TOPS) 37:1562 (June 2011), LR 38:1953 (August 2012), LR 38:3156 (Dec ember 2012), LR 39:308 (February 2013), LR 40:53 (January 201 Immediately Following High School Graduation 4), LR 40:281 (February 2014), LR 41: 1. Beginning with the 2007-2008 academic year (TOP Chapter 5. Applications, Federal Grant Aid and ACT S), to be determined eligible for payment of TOPS awards fo Test r the academic year (TOPS) immediately following the acad §501. Initial Application emic year (high school) of high school graduation, students A. Initial Application for High School Graduates of 200 must submit the initial FAFSA or on-line application so that i 2-2003 or Earlier t is received no later than the July 1 immediately following t 1. Except as provided in Subparagraph A.2.b below, al he academic year (high school) of graduation. l new applicants for Louisiana scholarship and grant progra

Louisiana Register Vol. 40, No. 12 December 20, 2014 76 2. Beginning with the 2007-2008 academic year (TOP a first-time freshman in an eligible college or university duri S), students will be eligible to receive the full benefits of a T ng either the 2004-2005 academic year (TOPS) or fall semes OPS award as provided in §701.E beginning with the acade ter of 2005 are eligible for a reduced TOPS award (see Subs mic year (TOPS) immediately after the student's one year an ection 505.D, below) beginning with the fall semester of 200 niversary of high school graduation if their initial FAFSA or 5, if their initial FAFSA or on-line application was received on-line application is received after the July 1 immediately f after July 1, 2005 and no later than October 31, 2005, and, if ollowing the academic year (high school) of high school gra the student enrolled as a full-time student during the 2004-20 duation and no later than the final deadline set forth in Subse 05 academic year (TOPS), the student has met the requireme ction C, below, and if the student was enrolled during the pre nts for continuing eligibility. ceding academic year (TOPS), the student has met the requir d.i. Students who graduated from high school during ements for continuing eligibility. the 2004-2005 academic year (high school) and enrolled as a 3.a. Beginning with the 2010-2011 academic year (TOP first-time freshman in an eligible college or university durin S), students whose initial FAFSA or on-line application is re g the 2005-2006 academic year (TOPS) will be eligible to re ceived on or before July 1 immediately following the one ye ceive the full benefits of a TOPS award as provided in §701. ar anniversary of high school graduation will receive payme E beginning: nt of their TOPS award as provided in §701.E beginning wit (a). with the 2005-2006 academic year (TOPS) if h the first semester, quarter or term the student enrolls for th their initial FAFSA or on-line application is received no later e first time as a full-time student in an eligible college or uni than October 31, 2005; versity; provided that no payment of a TOPS award shall be (b). with the 2006-2007 academic year (TOPS) if made until the initial FAFSA or on-line application has been their initial FAFSA or on-line application is received after O received and the applicant has been determined eligible for a ctober 31, 2005, and no later than July 1, 2006, and, if the st TOPS award. udent enrolled as a full-time student during the 2005-2006 ac 3.b. - 4.b. … ademic year (TOPS), the student met the requirements for co C. Final Deadline for Full TOPS Award ntinuing eligibility. 1.a. Except as provided below, through the 2006-2007 a ii. Students who graduated from high school durin cademic year (TOPS), in order to receive the full benefits of g the 2004-2005 academic year (high school) and enrolled as a TOPS award as provided in §701.E, the final deadline for r a first-time freshman in an eligible college or university begi eceipt of a student's initial FAFSA or the on-line application nning the fall semester of 2006 are eligible to receive the full is July 1 immediately prior to the academic year (TOPS) he f benefits of a TOPS award as provided in §701.E beginning t irst enrolls as a first-time freshman in an eligible college or u he fall semester of 2006 if their initial FAFSA or on-line app niversity. lication was received no later than July 1, 2006. b. Beginning with the 2007-2008 academic year (T iii. Students who graduated from high school durin OPS), in order receive the full benefits of a TOPS award as p g the 2004-2005 academic year (high school) and enrolled as rovided in §701.E, the final deadline for receipt of a studen a first-time freshman in an eligible college or university duri t's initial FAFSA or on-line application is July 1 immediately ng either the 2005-2006 academic year (TOPS) or fall semes prior to the academic year (TOPSe) immediately following t ter of 2006 are eligible for a reduced TOPS award (see Subs he one year anniversary of high school graduation. ection 505.D, below) beginning with the fall semester of 200 c.i. Students who graduated from high school during 6, if their initial FAFSA or on-line application was received the 2003-2004 academic year (high school) and enrolled as a after July 1, 2006, and no later than October 30, 2006, and, if first-time freshman in an eligible college or university durin the student enrolled as a full-time student during the 2005-20 g the 2004-2005 academic year (TOPS) are eligible to receiv 06 academic year (TOPS), the student met the requirements f e the full benefits of a TOPS award as provided in §701.E be or continuing eligibility. ginning: e.i. Students who graduate from high school during t (a). with the 2004-2005 academic year (TOPS) if he 2005-2006 academic year (high school) and enroll as a fir their initial FAFSA or on-line application was received no lat st-time freshman in an eligible college or university during t er than October 29, 2004; he 2006-2007 academic year (TOPS) will be eligible to recei (b). with the 2005-2006 academic year (TOPS) if ve the full benefits of a TOPS award as provided in §701.E b their initial FAFSA or on-line application was received after eginning: October 29, 2004, and no later than July 1, 2005, and, if the (a). with the 2006-2007 academic year (TOPS) if student enrolled as a full-time student during the 2004-2005 their initial FAFSA or on-line application is received no later academic year (TOPS), the student has met the requirements than October 30, 2006; for continuing eligibility. (b). with the 2007-2008 academic year (TOPS) if ii. Students who graduated from high school durin their initial FAFSA or on-line application is received after O g the 2003-2004 academic year (high school) and enrolled as ctober 30, 2006, and no later than July 1, 2007, and, if the st a first-time freshman in an eligible college or university begi udent enrolled as a full-time student during the 2006-2007 ac nning the fall semester of 2005 are eligible to receive the full ademic year (TOPS), the student met the requirements for co benefits of a TOPS award as provided in §701.E beginning t ntinuing eligibility. he fall semester of 2005 if their initial FAFSA or on-line app ii. Students who graduated from high school durin lication was received no later than July 1, 2005. g the 2005-2006 academic year (high school) and enrolled as iii. Students who graduated from high school durin a first-time freshman in an eligible college or university begi g the 2003-2004 academic year (high school) and enrolled as nning the fall semester of 2007 are eligible to receive the full

77 Louisiana Register Vol. 40, No. 12 December 20, 2014 benefits of a TOPS award as provided in §701.E beginning t AUTHORITY NOTE: Promulgated in accordance with R.S. 17 he fall semester of 2007 if their initial FAFSA or on-line app 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. lication was received no later than July 1, 2007. HISTORICAL NOTE: Promulgated by the Student Financial A iii. Students who graduate from high school during ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:635 (April 1998), amend the 2005-2006 academic year (high school) and enroll as a fi ed LR 24:1901 (October 1998), repromulgated LR 27:1847 (Nove rst-time freshman in an eligible college or university during mber 2001), amended LR 30:2017 (September 2004), LR 31:37 (Ja either the 2006-2007 academic year (TOPS) or the fall seme nuary 2005), LR 32:2238 (December 2006), LR 33:83 (January 200 ster of 2007 are eligible for a reduced TOPS award (see Subs 7), LR 33:2357 (November 2007), LR 34:235 (February 2008), LR ection 505.D, below) beginning with the fall semester of 200 37:588 (February 2011), LR 41: 7, if their initial FAFSA or on-line application is received aft §507. Final Deadline for Submitting Documentation of er July 1, 2007, and no later than October 29, 2007, and, if th Eligibility e student enrolled as a full-time student during the 2006-200 A. LASFAC will continue to process eligibility for both 7 academic year (TOPS), the student met the requirements fo new and renewal applicants during each award year until Jul r continuing eligibility. y 1 after the spring term of that award year. 2. Returning Students B.1.Through the 2004-2005 academic year (TOPS), all do a. Beginning with the 2002-2003 through the 2004- cumentation and certifications necessary to establish student 2005 academic year (TOPS), in order for a returning student eligibility including, but not limited to, high school and/or co to receive the full benefits of a TOPS award as provided in § llege transcripts and certifications, copies of student aid repo 701.E, the final deadline for receipt of a student's initial FAF rts, applicant confirmation forms, promissory notes, ACT an SA or the on-line application is May 1 of the academic year d/or SAT scores, residency affidavits, proof of citizenship or (TOPS) he first enrolls as a full-time student in an eligible co permanent residency status and other documents that may be llege or university. utilized in determining eligibility, must be received by LASF b. Beginning with the 2005-2006 academic year (T AC no later than May 1 of the award year. For example, to re OPS), in order for a returning student to receive the full bene ceive an award for the 2004-2005 award year, LASFAC mus fits of a TOPS award as provided in §701.E, the final deadlin t have in its possession all documents relevant to establishin e for receipt of the student's initial FAFSA or the on-line app g eligibility by May 1, 2005. lication is the July 1 immediately following the academic ye 2. Beginning with the 2005-2006 academic year (TOP ar (TOPS) he first enrolls as a full-time student in an eligible S) through the 2010-11 academic year (TOPS), all document college or university. ation and certifications necessary to establish student initial C.3. - E. … eligibility including, but not limited to, high school and/or co F. Renewal FAFSA llege transcripts and certifications, copies of student aid repo 1.a. Through the 2004-2005 academic year (TOPS), in o rts, applicant confirmation forms, promissory notes, ACT an rder to remain eligible for TOPS awards, a student who is eli d/or SAT scores, residency affidavits, proof of citizenship or gible for federal grant aid must file a renewal FAFSA so that permanent residency status and other documents that may be it is received by May 1 of each academic year (TOPS) after i utilized in determining eligibility, must be received by LASF nitial eligibility is established. AC no later than July 1 immediately following the academic b. Beginning with the 2005-2006 academic year (T year (TOPS) the student is first eligible for payment of a TO OPS), in order to remain eligible for TOPS awards, a student PS award . For example, if a student’s initial FAFSA is recei who is eligible for federal grant aid must file a renewal FAF ved no later than July 1, 2007, for that student to receive an a SA so that it is received by the July 1 immediately preceding ward for the 2007-2008 academic year (TOPS), LASFAC m each academic year (TOPS) after initial eligibility is establis ust have in its possession all documents relevant to establishi hed. ng eligibility by July 1, 2008. 2. Students who can demonstrate that they do not qual 3. Beginning with the 2011-12 academic year (TOPS), ify for federal grant aid because of their family's financial co all documentation and certifications necessary to establish st ndition are not required to submit a renewal FAFSA. udent initial eligibility including, but not limited to, high sch 3.a. In the event of a budgetary shortfall, applicants who ool and/or college transcripts and certifications, copies of stu do not file a renewal FAFSA or who do not complete all sect dent aid reports, applicant confirmation forms, promissory n ions of the FAFSA will be the first denied a TOPS award. otes, ACT and/or SAT scores, residency affidavits, proof of c b. Students who can demonstrate that they do not qu itizenship or permanent residency status and other document alify for federal grant aid because of their family's financial s that may be utilized in determining eligibility, must be rece condition and do not want to be the first denied a TOPS awar ived by LASFAC no later than January 15 immediately follo d must file a renewal FAFSA so that it is received by the Jul wing the final deadline for receipt of the student's FAFSA or y 1 immediately preceding each academic year (TOPS) after on-line application. For example, if a student’s graduates fro initial eligibility is established. m high school in May 2011, the final deadline for receipt of t 4. All recipients of Louisiana Scholarship and Grant P he student's FAFSA or on-line application is July 1, 2012, an rograms other than TOPS and the Rockefeller Wildlife Schol d the deadline for receipt of all documents relevant to establi arship Program must submit a renewal FAFSA for each acad shing eligibility is January 15, 2013. emic year (TOPS) the student enrolls. C. Returning Students G. If a prescribed deadline date falls on a weekend or hol 1. Returning students, who graduated high school duri iday, it will automatically be extended to the next business d ng the 2001-2002 academic years (high school) and who enr ay. oll in an eligible college or university in the spring semester

Louisiana Register Vol. 40, No. 12 December 20, 2014 78 2003, must submit documentation that establishes TOPS elig academic year (TOPS) the student enrolls as a full-ti ibility no later than May 1, 2004. me student in an eligible college or university and must sub 2. Returning students, who enroll in an eligible colleg mit any supporting documentation required by the applicatio e or university in the fall semester of 2003 through the sprin n no later than January 15 following the July 1 deadline. g semester of 2005, must submit documentation that establis b.ii. - c.vii.… hes TOPS eligibility no later than May 1 of the academic yea 4.a. Beginning with the 2007-2008 academic year (TOP r (TOPS) the student enrolls in an eligible college or universi S), all documentation and certifications necessary to establis ty. For example, a student who seeks to enroll in an eligible h a returning student's initial eligibility including, but not lim college or university in the fall semester of 2003 must submi ited to, high school and/or college transcripts and certificatio t documentation that establishes TOPS eligibility no later tha ns, copies of student aid reports, ACT and/or SAT scores, res n May 1, 2004. idency affidavits, proof of citizenship or permanent residenc 3.a. Returning students, who enroll in an eligible colleg y status and other documents that may be utilized in determi e or university in academic year (TOPS) 2005-2006 or acade ning eligibility, must be received by LASFAC no later than J mic year (TOPS) 2006-2007, must submit an application to r anuary 15 immediately following the deadline for receipt of t eturn from an out-of-state college no later than July 1 immed he student's FAFSA or on-line application. iately following the academic year (TOPS) the student enroll b.- b.iii. … s as a full-time student in an eligible college or university an D.1. A student who successfully completed an undergrad d must submit any supporting documentation required by the uate degree prior to or during the 2001-2002 academic year application no later than April 15 following the July 1 deadli (TOPS) and wishes to receive his remaining award eligibility ne. to attend a postgraduate school must provide the documentat b.i. To receive the full benefits of a TOPS award as p ion and certifications required to establish student eligibility rovided in §701.E, returning students, who enroll in an eligib no later than May 1, 2004. le college or university in the fall semester of 2007 or later, 2. A student who successfully completes an undergrad must submit an application to return from an out-of-state coll uate degree during the 2002-2003 through the 2004-2005 ac ege no later than July 1 immediately following the ademic year (TOPS) and wishes to receive his remaining aw ard eligibility to attend a postgraduate school must provide t he documentation and certifications required to establish stu dent eligibility no later than May 1 of the academic year (TO PS) the student seeks to receive his remaining award eligibili ty. For example, to receive the remaining award for the 200 3-2004 academic year (TOPS), the student must submit the r equired documents no later than May 1, 2004. 3. A student who successfully completes an undergrad uate degree during the 2005-2006 academic year (TOPS) or l ater and wishes to receive his remaining award eligibility to attend a postgraduate school must provide the documentatio n and certifications required to establish student eligibility n o later than July 1 immediately following the academic year (TOPS) the student seeks to receive his remaining award elig ibility. For example, to receive the remaining award for the 2 006-2007 academic year (TOPS), the student must submit th e required documents no later than July 1, 2007. E. The reduction of the student's period of eligibility for this award under §507.C above shall not be cumulative with any reduction under §505.D or §509.C. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. HISTORICAL NOTE: Promulgated by the Student Financial A ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:635 (April 1998), amend ed LR 24:1901 (October 1998), repromulgated LR 27:1847 (Nove mber 2001), amended LR 28:447 (March 2002), LR 30:1161 (June 2004), LR 30:1471 (July 2004), LR 30:2019 (September 2004), LR 32:2238 (December 2006), LR 33:2357 (November 2007), LR 34:1 389 (July 2008), LR 34:1884 (September 2008), LR 36:312 (Febru ary 2010), LR 38:3157 (December 2012), LR 41: Chapter 7. Taylor Opportunity Program for Students (TOPS) Opportunity, Performance, and Honors Awards §701. General Provisions A. - E.1.b. …

79 Louisiana Register Vol. 40, No. 12 December 20, 2014 2.a. The TOPS Performance Award provides a $400 ann 1. prior to June 18, 1999, the student was determined ual stipend, prorated by two semesters, three quarters, or equ by the administering agency to be eligible for a Performance ivalent units in each academic year (TOPS), in addition to an Award, but who chose either by submission of a completed a amount equal to tuition for full-time attendance at an eligible ward confirmation form or by not sending in a completed aw college or university, for a period not to exceed eight semest ard confirmation form to receive an Opportunity Award and ers, including qualified summer sessions, 12 quarters, includ was awarded an opportunity award; and ing qualified summer sessions, or an equivalent number of u 2. the student, once enrolled at an eligible institution, nits in an eligible institution which operates on a schedule ba has continuously met all requirements to maintain continued sed on units other than semesters or quarters, except as provi state payment for a Performance Award. ded by R.S. 17:3048.1(H), or LAC 28:IV.503.D, 509.C, or 7 G. Beginning with the 2000-2001 academic year (TOPS) 01.E.2.b. The stipend will be paid for each qualified summer and continuing for the remainder of their program eligibility, session, semester, quarter, term, or equivalent unit for which students who meet each of the following requirements shall tuition is paid. Attending a qualified summer session for whi be awarded a stipend in the amount of $400 per qualified su ch tuition is paid will count toward the eight semester limit f mmer session, semester, quarter, term, or equivalent unit for or TOPS. which tuition is paid which shall be in addition to the amoun b. The semester or term count for a student shall not t determined to equal the tuition charged by the public colleg be increased for any semester or term a student is unable to c e or university attended or, if applicable, the amount provide omplete because of orders to active duty in the United States d for attendance at an eligible nonpublic college or universit Armed Forces or National Guard, whether or not a full refun y: d for the TOPS payment for that semester or term is received 1. - 2. … by LOSFA, provided that any amount of a stipend paid and n AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ot refunded shall be counted toward the total stipends allowe 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. d by law. HISTORICAL NOTE: Promulgated by the Student Financial A 3.a. The TOPS Honors Award provides an $800 annual ssistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), amended LR 23:1645-1648 (December 1997), stipend, prorated by two semesters, three quarters, or equival repromulgated LR 24:635 (April 1998), amended LR 24:1901 (Oct ent units in each academic year (TOPS), in addition to an am ober 1998), LR 25: 256 (February 1999), LR 26:67 (January 2000), ount equal to tuition for full-time attendance at an eligible co LR 26:1262 (June 2000), LR 26:1995 (September 2000), LR 26:20 llege or university, for a period not to exceed eight semesters 00 (September 2000), repromulgated LR 27:1848 (November 200 including qualified summer sessions, 12 quarters, including 1), amended LR 28:447 (March 2002), LR 28:2331 (November 200 qualified summer sessions, or an equivalent number of units 2), LR 29:880 (June 2003), LR 29:2372 (November 2003), LR 30:1 in an eligible institution which operates on a schedule based 161 (June 2004), LR 31:2213 (September 2005), LR 35:228 (Febru on units other than semesters or quarters, except as provided ary 2009), LR 36:2854 (December 2010), LR 40:1002 (May 2014), by R.S. 17:3048.1(H), or LAC 28:IV.503.D, 509.C or 701.E. LR 41: 3.b. The stipend will be paid for each qualified summer sessi §703. Establishing Eligibility on, semester, quarter, term, or equivalent unit for which tuiti A. To establish eligibility for a TOPS Opportunity, Perfor on is paid. Attending a qualified summer session for which t mance or Honors Award, the student applicant must meet all uition is paid will count toward the eight semester limit for T of the following criteria: OPS. 1.a. for students graduating in academic year (high scho 3.b. - 5.a. … ol) 2001-2002 and prior, be a United States citizen, provided b. in a program for a vocational or technical educati however, that a student who is not a citizen of the United Sta on certificate or diploma or a non-academic undergraduate d tes but who is eligible to apply for such citizenship shall be d egree receive an amount equal to the average award amount eemed to satisfy the citizenship requirement, if within 60 da (TOPS-Tech), as defined in §301, plus any applicable stipend ys after the date the student attains the age of majority, the st prorated by two semesters, three quarters, or equivalent unit udent applies to become a citizen of the United States and ob s in each academic year (TOPS). The stipend will be paid for tains such citizenship within one year after the date of the ap each qualified summer session, semester, quarter, term or eq plication for citizenship. Those students who are eligible for uivalent unit for which tuition is paid. Attending a qualified s U.S. citizenship and who otherwise qualify for a TOPS awar ummer session for which tuition is paid will count toward th d, will continue to satisfy the citizenship requirements for a e eight-semester limit for TOPS. TOPS award for one year after the date of the student's appli 6. - 11.c. … cation for citizenship, at which time, if the student has not pr F. Beginning with the 2000-2001 academic year (TOPS) ovided proof of U.S. citizenship to the Office of Student Fin and continuing for the remainder of their program eligibility, ancial Assistance, the student's TOPS award will be suspend students who meet each of the following requirements shall ed until such time as proof of citizenship is provided and can be awarded a stipend in the amount of $200 per qualified su celed if such proof is not provided by May 1 of the followin mmer session, semester, quarter, term, or equivalent unit for g academic year (TOPS). Students cancelled solely due to th which tuition is paid which shall be in addition to the amoun eir failure to become a United States citizen within one year t determined to equal the tuition charged by the public colleg after the date of application shall be reinstated to their award e or university attended or, if applicable, the amount provide if they are a United States citizen or a permanent resident as d for attendance at an eligible nonpublic college or universit defined by the Bureau of Citizenship and Immigration Servi y: ces and were eligible to apply for United States citizenship

Louisiana Register Vol. 40, No. 12 December 20, 2014 80 when cancelled and have met the requirements for maintaini urse work required by the institution, but shall not include ho ng eligibility for the award; urs earned during qualified summer sessions, summer sessio 1.b. - 4.f. … ns or intersessions that do not end during the academic year g. all students must apply for an award by July 1 of or by advanced placement course credits. Unless granted an the academic year (high school) in which they graduate to es exception for cause by LASFAC, failure to earn the required tablish their initial qualification for an award, except as prov number of hours will result in permanent cancellation of the ided by §503.D. For a student entitled to defer acceptance of recipient's eligibility; or an award under §703.A.4.b or d that student must apply by J ii. beginning in the 2008-2009 and through the 20 uly 1 of the academic year (high school) in which the student 10-2011 academic year (TOPS), in an academic undergradua graduates, except as provided by §503.D: te program at an eligible college or university, by the end of i. and, if enrolling in an academic program, must each academic year (TOPS), earn a total of at least 24 colleg also apply by July 1 prior to the academic year (TOPS) in w e credit hours as determined by totaling the earned hours rep hich the student intends to first accept the award, and by July orted by the institution for each semester or quarter in the ac 1 of every year of eligibility thereafter, except as provided in ademic year (TOPS), including any hours earned during an i §501.B; or ntersession ending during the academic year or immediately ii. and, if enrolling in a program for a vocational o following the spring term. These hours shall include remedia r technical education certificate or diploma or a non-academi l course work required by the institution, but shall not includ c undergraduate degree, must also apply by the July 1 imme e hours earned during qualified summer sessions, summer se diately after the start of the academic year (TOPS) in which t ssions or intersessions that do not end during the academic y he student intends to first accept the award, and by July 1 of ear or intersessions that do not immediately follow the sprin every year of eligibility thereafter, except as provided in §50 g term or by advanced placement course credits. Unless gran 1.B; ted an exception for cause by LASFAC, failure to earn the re A.5.a. - H.1.c. … quired number of hours will result in permanent cancellation 2. A returning student who fails to enroll by the deadli of the recipient's eligibility; or ne established in §703.A.4 or to maintain full-time enrollme iii. beginning in the 2011-2012 academic year (TO nt or to earn 24 hours during an academic year (TOPS) while PS), in an academic undergraduate program at an eligible col enrolled in an out-of-state college or university, shall not be lege or university, by the end of each academic year (TOPS), eligible for a TOPS award unless granted an exception in acc earn a total of at least 24 college credit hours as determined ordance with §2103. by totaling the earned hours reported by the institution for ea H.3. - J.4.b.ii. … ch semester or quarter, intersession and summer session in th AUTHORITY NOTE: Promulgated in accordance with R.S. 17 e academic year (TOPS) (includes any hours earned during a 3021-3025, R.S. 17:3042.1, and R.S. 17:3048.1. ny intersession and/or summer session ending before the foll HISTORICAL NOTE: Promulgated by the Student Financial A owing fall semester or quarter). These hours shall include re ssistance Commission, Office of Student Financial Assistance, LR medial course work required by the institution and hours for 22:338 (May 1996), repromulgated LR 24:636 (April 1998), amend ed LR 24:1902 (October 1998), LR 24:2237 (December 1998), LR repeated courses, but shall not include hours by advanced pl 25:257 (February 1999), LR 25:655 (April 1999), LR 25:1794 (Oct acement course credits, by credit by exam, or through the Co ober 1999), LR 26:64, 67 (January 2000), LR 26:689 (April 2000), llege-Level Examination Program. Unless granted an excepti LR 26:1262 (June 2000), LR 26:1602 (August 2000), LR 26:1996, on for cause by LASFAC, failure to earn the required numbe 1999, 2001 (September 2000), LR 26:2268 (October 2000), LR 26: r of hours will result in permanent cancellation of the recipie 2753 (December 2000), LR 27:36 (January 2001), LR 27:702 (May nt's eligibility; or 2001), LR 27:1219, 1219 (August 2001), repromulgated LR 27:185 b. in a program for a vocational or technical educati 0 (November 2001), amended LR 28:772 (April 2002), LR 28:2330, on certificate or diploma or a non-academic undergraduate d 2332 (November 2002), LR 29:125 (February 2003), LR 29:2372 egree at an eligible college or university, by the end of each (November 2003), LR 30:1162 (June 2004), LR 30:1471 (July 200 4), LR 30:2019 (September 2004), LR 31:37 (January 2005), LR 31 academic year (TOPS), earn a total of at least 24 college cre 2213 (September 2005), LR 31:3112 (December 2005), LR 32:223 dit hours as determined by totaling the earned hours reported 9 (December 2006), LR 33:435 (March 2007), LR 33:2357 (Novem by the institution for each semester or quarter, intersession a ber 2007), LR 33:2612 (December 2007), LR 34:1389 (July 2008), nd summer session in the academic year (TOPS) (includes a LR 35:228 (February 2009), LR 36:312 (February 2010), LR 36:49 ny hours earned during any intersession and/or summer sessi 0 (March 2010), LR 36:2269 (October 2010), LR 36:2855 (Decemb on ending before the following fall semester or quarter). The er 2010), LR 37:2987 (October 2011), LR 38:354 (February 2012), se hours shall include remedial course work required by the i LR 38:3158 (December 2012), LR 39:481 (March 2013), LR 39:24 nstitution and hours for repeated courses, but shall not includ 85 (September 2013), LR 40:54 (January 2014)LR 41: e hours by advanced placement course credits, by credit by e §705. Maintaining Eligibility xam, or through the College-Level Examination Program. U A. - A.5. … nless granted an exception for cause by LASFAC, failure to 6. minimum academic progress: earn 24 hours during the academic year (TOPS) will result in a.i. in an academic undergraduate program at an eligi permanent cancellation of the recipient's eligibility; or ble college or university, by the end of each academic year c. in an academic graduate or professional program (TOPS), earn a total of at least 24 college credit hours as det at an eligible college or university, by the end of each acade ermined by totaling the earned hours reported by the instituti mic year (TOPS), earn at least the total college credit hours r on for each semester or term in the academic year (TOPS), i equired by the college or university for full-time enrollment ncluding any hours earned during an intersession ending duri for each semester or quarter as determined by totaling the ea ng the academic year. These hours shall include remedial co

81 Louisiana Register Vol. 40, No. 12 December 20, 2014 rned hours reported by the institution for each semester or qu ar period will be extended for a length of time equal to the st arter, intersession and summer session in the academic year udent's active duty service. (TOPS) (includes any hours earned during any intersession a 3. Students who fail to meet the requirements of §705. nd/or summer session ending before the following fall semes A.8.c, shall no longer be eligible for the stipend authorized f ter or quarter). These hours shall not include hours by advan or the Performance and Honors Awards, but shall be eligible ced placement course credits, by credit by exam, or through t to receive the award amount for the Opportunity Award if th he College-Level Examination Program. Unless granted an e ey meet the continuation requirements of §705.A.8.a, b, d. or xception for cause by LASFAC, failure to earn the required e. number of hours will result in permanent cancellation of the 4.a. A student shall have one semester or quarter after th recipient's eligibility; or e spring semester or quarter of 2016 for which the TOPS aw d. in an eligible cosmetology or proprietary school, ard will be paid to meet the requirements of §705.A.8.b if th meet the federal grant aid steady academic progress require e student: ment at that school; and i. failed to meet the requirements listed in §705. 7. maintain steady academic progress as defined in §3 A.8.b solely because the calculation of the TOPS cumulative 01; and grade point average (Opportunity, Performance, Honors) at t 8.a. Through the 2014-15 academic year (TOPS), main he end of the spring semester or quarter of 2016 includes bot tain at an eligible college or university, by the end of the spri h hours and grades for courses taken before the 2015-16 aca ng semester, quarter, or term, a TOPS cumulative college gra demic year (TOPS) in both academic and technical courses o de point average on a 4.00 maximum scale of at least: f study; and i. a 2.30 with the completion of 24 but less than 4 ii. was a high school graduate or home study com 8 credit hours, a 2.50 after the completion of 48 credit hours, pleter who enrolled for the first time as a full-time student in for continuing receipt of an Opportunity Award, if enrolled i an eligible postsecondary institution before the 2015-16 acad n an academic program; or emic year (TOPS); and ii. a 2.50, for continuing receipt of an Opportunity iii. not suspended after the spring semester or quar Award, if enrolled in a program for a vocational or technical ter of 2014-15 academic year (TOPS). education certificate or diploma or a non-academic undergra b. The TOPS award of a student who meets the requ duate degree; and irements of §705.B.4.a shall not be suspended unless the stu b. beginning the 2015-16 academic year (TOPS), m dent fails to meet the requirements of §705.A.8.b by the end aintain at an eligible college or university, by the end of the s of the fall semester or quarter of 2016 in which case: pring semester or quarter, a TOPS cumulative college grade i. the student’s TOPS award shall be suspended e point average (Opportunity, Performance, Honors) on a 4.00 ffective at the end of the fall semester or quarter of 2016; an maximum scale of at least: d i. a 2.30 with 24 but less than 48 earned credit ho ii. the provisions of §705.B.1 and 2 shall apply. urs for continuing receipt of an Opportunity Award, if enroll c. If a student does not enroll full-time for the fall s ed for the spring semester or quarter in an academic program emester or quarter of 2016 and any subsequent consecutive s or emesters or quarters and is granted an exception for all of th ii. a 2.50 with 24 but less than 48 earned credit ho ose semesters or quarters, the provisions of §705.B.4.b shall urs for continuing receipt of an Opportunity Award, if enroll be extended to the end of the next semester or quarter during ed for the spring semester or quarter in a program for a vocat which the student enrolls full-time and for which the student’ ional or technical education certificate or diploma or a non-a s TOPS award is paid. cademic undergraduate degree; or C. - D.3. … iii. a 2.50 with 48 or more earned credit hours for E. Natural Disaster Maintaining Eligibility Requirements continuing receipt of an Opportunity Award, if enrolled for t 1. To continue receiving the TOPS Opportunity, Perfo he spring semester or quarter in any program of study; and rmance or Honors Awards, a displaced student must meet all c. a 3.00 for continuing receipt of either a Performa of the criteria in §705.A-D above, except as follows. nce or Honors Award; or a. The TOPS award of a displaced student who enro d. the minimum grade necessary to maintain good st lls for the first time as a full-time student in an eligible out-o anding, if enrolled in a graduate or professional program; or f-state college or university during the 2005-2006 academic e. meet the federal grant aid steady academic progre year (TOPS) and subsequently enrolls at a Louisiana eligible ss requirement at that school, if enrolled in an eligible cosme college or university shall not be reduced due to enrollment i tology or proprietary school; and n an eligible out-of-state institution during the 2005-2006 ac B.1. Students failing to meet the requirements listed in § ademic year (TOPS). 705.A.7 or §705.A.8.a, b, d, or e may have their tuition awar b. The TOPS award of a displaced student who has ds reinstated upon regaining “steady academic progress” (se been enrolled in a Louisiana eligible college or university an e §301) and/or attainment of the required TOPS cumulative d who subsequently enrolls as a full-time student in an eligib grade point average, if the period of ineligibility did not pers le out-of-state institution during the 2005-2006 academic yea ist for more than two years from the date of loss of eligibility. r (TOPS) shall not be cancelled due to such out-of-state enro llment. 2. If the two-year period is interrupted due to a studen c. The TOPS award of a displaced student who has t's active duty in the United States Armed Forces, the two-ye been enrolled in a Louisiana eligible college or university an d who subsequently enrolls as a full-time student in an eligib

Louisiana Register Vol. 40, No. 12 December 20, 2014 82 le out-of-state institution during the 2005-2006 academic yea LAC 28:IV.701.E.1-3, students with the TOPS-Tech Aw r (TOPS) shall not be reduced for those semesters or terms s ard participating in the program provided by R.S. 29:36.1 for uch displaced student was enrolled in an eligible out-of-state persons serving in the Louisiana National Guard shall receiv institution during the 2005-2006 academic year (TOPS). e the tuition exemption as provided therein, plus a sum of $3 d. The period of suspension of a TOPS award for a 00 per semester or $600 per program year (nonacademic pro displaced student due to the student not meeting a requireme gram) to be applied toward the cost of books and other instru nt to maintain a minimum grade point average or to make ste ctional materials. ady academic progress shall be extended on a one-for-one ba AUTHORITY NOTE: Promulgated in accordance with R.S. 17 sis for each semester or term in which the student does not e 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. nroll on a full-time basis in an eligible college or university HISTORICAL NOTE: Promulgated by the Student Financial A during the 2005-2006 academic year (TOPS). ssistance Commission, Office of Student Financial Assistance, LR 24:1904 (October 1998), amended LR 26:1997 (September 2000), r 2. - 3. … epromulgated LR 27:1854 (November 2001), amended LR 36:2856 F.1. A student who successfully completes a baccalaureat (December 2010), LR 41: e degree without having exhausted his period of award eligib §805. Maintaining Eligibility ility shall receive an award for the remainder of his eligibilit A. To continue receiving the TOPS-Tech Award, the reci y if he enrolls in a graduate or professional school at an eligi pient must meet all of the following criteria: ble college or university no later than the fall semester imme 1. have received the TOPS-Tech Award for not more t diately following the first anniversary of the student's compl han two years or the equivalent number of terms and summe etion of an undergraduate degree and has met the requiremen r sessions, provided that not attending a summer session shal ts for continued eligibility set forth in §705.A.6. The remaini l not reduce the number of eligible terms; and, except as pro ng eligibility may not be used to pursue a second undergradu vided by §805.C, or unless reduced as required by §503.D; ate degree. 2. - 4. … 2. Beginning with the 2012-2013 academic year (TOP 5. continue to enroll and accept the TOPS Tech Award S), a student who successfully completes any type of technic as a full-time student in an eligible college or university defi al, vocational, or academic credential other than a baccalaure ned in §301, and maintain an enrolled status throughout the a ate degree without having exhausted his period of award elig cademic year (TOPS) (Enrollment in a summer session is op ibility shall receive an award for the remainder of his eligibil tional and is not required to meet this requirement.), unless g ity if he enrolls in a program of study leading to a baccalaure ranted an exception for cause by LASFAC; and ate degree, to a vocational or technical certificate or diploma, 6. … or to a non-academic degree at an eligible college or univers 7. maintain, by the end of the spring term, a TOPS cu ity no later than the fall semester immediately following the mulative college grade point average (TOPS Tech) of at least first anniversary of the student's completion of an associate’s 2.50 on a 4.00 maximum scale, provided that this requireme degree and has met the requirements for continued eligibility nt does not apply to a student who is enrolled in a cosmetolo set forth in §705.A.6. gy or proprietary school that is an eligible college or universi AUTHORITY NOTE: Promulgated in accordance with R.S. 17 ty and the student has met the federal grant aid steady acade 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. HISTORICAL NOTE: Promulgated by the Student Financial A mic progress requirement at that school; and ssistance Commission, Office of Student Financial Assistance, LR 8. earn a total of at least 24 college credit hours as det 22:338 (May 1996), repromulgated LR 24:637 (April 1998), amend ermined by totaling the earned hours reported by the instituti ed LR 24:1904 (October 1998), LR 25:257 (February 1999), LR 25 on for each semester or term in the academic year (TOPS). U 656 (April 1999), LR 25:1091 (June 1999), LR 26:67 (January 200 nless granted an exception for cause by LASFAC, failure to 0), LR 26:688 (April 2000), LR 26:1996 (September 2000), LR 26: earn the required number of hours will result in permanent c 2001 (September 2000), repromulgated LR 27:1853 (November 20 ancellation of the recipient's eligibility, provided that this req 01), amended LR 28:447 (March 2002), LR 28:772 (April 2002), L uirement does not apply to a student who is enrolled in a cos R 28:2332 (November 2002), LR 29:2373 (November 2003), LR 3 metology or proprietary school that is an eligible college or 0:781 (April 2004), LR 30:1163 (June 2004), LR 30:2019 (Septem ber 2004), LR 31:3115 (December 2005), LR 33:437 (March 2007) university and the student has met the federal grant aid stead , LR 34:1390 (July 2008), LR 36:491 (March 2010), LR 36:2856 y academic progress requirement at that school. (December 2010), LR 38:3159 (December 2012), LR 40:1002 (Ma B. - D.1. … y 2014), LR 41: a. The TOPS Tech Award of a displaced student wh Chapter 8. TOPS-Tech Award o has been enrolled in a Louisiana eligible college or univers §801. General Provisions ity and who subsequently enrolls as a full-time student in an A. - D.2. … eligible out-of-state institution during the 2005-2006 academ 3. Beginning with the 2010-2011 academic year (TOP ic year (TOPS) shall not be cancelled due to such out-of-stat S), in lieu of the amount equal to tuition as provided by e enrollment. b. The TOPS Tech Award of a displaced student wh o has been enrolled in a Louisiana eligible college or univers ity and who subsequently enrolls as a full-time student in an eligible out-of-state institution during the 2005-2006 academ ic year (TOPS) shall not be reduced for those

83 Louisiana Register Vol. 40, No. 12 December 20, 2014 semesters or terms such displaced student was enrolle c. Institutions may not bill for summer semesters or d in an eligible out-of-state institution during the 2005-2006 sessions. academic year (TOPS). B.11.a. - G.2. … c. The period of suspension of a TOPS Tech Award AUTHORITY NOTE: Promulgated in accordance with R.S. 17 for a displaced student due to the student not meeting a requi 3021-3036, R.S. 17:3042.1, 17:3041.10-3041.15, 17:3041.21-3041. rement to maintain a minimum grade point average or to ma 26, R.S. 17:3048.1, and R.S. 17:3050.1-3050.4. ke steady academic progress shall be extended on a one-for- HISTORICAL NOTE: Promulgated by the Student Financial A ssistance Commission, Office of Student Financial Assistance, LR one basis for each semester or other term in which the studen 22:338 (May 1996), repromulgated LR 24:645 (April 1998), amend t does not enroll on a full-time basis in an eligible college or ed LR 24:1914 (October 1998), LR 25:1459 (August 1999), LR 26: university during the 2005-2006 academic year (TOPS). 1998 and 2002 (September 2000), repromulgated LR 27:1864 (Nov d. A TOPS Tech Award may be used by a displaced ember 2001), amended LR 28:448 (March 2002), LR 28:775 (April student during the 2005-2006 academic year (TOPS) to enrol 2002), LR 28:1760 (August 2002), LR 28:2333 (November 2002), l on a full-time basis in an academic program at a Louisiana LR 30:784 (April 2004), LR 30:1166 (June 2004), LR 31:40 (Janua eligible college or university to take courses that contribute t ry 2005), LR 31:3111, 3114 (December 2005), LR 33:1340 (July 20 o the pursuit of a skill or occupation. In such case, the award 07), LR 35:1233 (July 2009), LR 35:1490 (August 2009), LR 35:14 amount shall be at the same as the opportunity award for that 91 (August 2009), LR 36:2857 (December 2010), LR 40:282 (Febr uary 2014), LR 40:1003 (May 2014), LR 41: institution. Chapter 21. Miscellaneous Provisions and Exceptions D.2. - E. … §2103. Circumstances Warranting Exception to the Init AUTHORITY NOTE: Promulgated in accordance with R.S. 17 3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. ial and Continuous Enrollment Requirements HISTORICAL NOTE: Promulgated by the Student Financial A A. - C.3.b. … ssistance Commission, Office of Student Financial Assistance, LR D. Procedure for Requesting Exceptions to the Initial and 24:1905 (October 1998) amended LR 25:1091 (June 1999), LR 26: Continuous Enrollment Requirement 68 (January 2000), LR 26:689 (April 2000), LR 26:1997, 2002 (Se 1. The student should complete and submit an applicat ptember 2000), repromulgated LR 27:1856 (November 2001), ame ion for an exception, with documentary evidence, to the offic nded LR 28:774 (April 2002), LR 28:2332 (November 2002), LR 2 e as soon as possible after the occurrence of the event or circ 9:880 (June 2003), LR 29:2373 (November 2003), LR 30:781 (Apri umstance that supports the request. Through the 2000-2001 a l 2004), LR 30:1165 (June 2004), LR 30:2019 (September 2004), L R 31:3115 (December 2005), LR 33:438 (March 2007), LR 35:148 cademic year (TOPS), the student must submit application fo 9 (August 2009), LR 38:3160 (December 2012), LR 40:1002 (May r an exception no later than May 30 of the academic year the 2014), LR 41: student requests reinstatement. Commencing with the 2001- Chapter 19. Eligibility and Responsibilities of Post-Sec 2002 academic year (TOPS), the student must submit the ap ondary Institutions plication for exception no later than six months after the date §1903. Responsibilities of Post-Secondary Institutions of the notice of cancellation, except that a returning student A. - A.2.h. … must submit the application for exception no later than six m 3. Beginning with the 2013-2014 academic year (TOP onths after the date of the notice of ineligibility due to failure S), an institution shall also report: to meet the continuing eligibility requirements of §705. The a. a student’s completion of program of study; deadline for filing the exception shall be prominently display b. whether the program of study was academic or te ed on the notice of cancellation. If the applicant for an excep chnical; tion is a dependent student, a parent or court ordered custodi c. type of credential (degree, certificate, diploma, b an of the dependent student may submit the application for e accalaureate); xception on behalf of the applicant. d. semester of completion. D.2. - G.3. … B. - B.9. … 4.a. For the 2005-2006 academic year (TOPS), displac 10.a. upon the school's certification that a student who ed students are not required to enroll as full-time students, to is eligible for a TOPS-Tech Early Start Award is enrolled in maintain continuous enrollment or to earn at least 24 hours d an industry-based occupational or vocational education cred uring the 2005-2006 academic year (TOPS). ential program in a top demand occupation institutions, shall b. Displaced students may enroll on a part-time basi bill for, and LASFAC will pay the institution, for each such r s in an eligible college or university without losing TOPS eli ecipient according to the following schedule. gibility. Upon request by the student, the eligible college or university may bill for these part-time students. Credit Hours Payment c. The terms of eligibility for a displaced student w 1 $50 hose part-time enrollment is paid by TOPS will be reduced b 2 $100 y one full semester (term) for each semester (term) (part- or f 3 $150 ull-time) paid. 4 $200 5 $250 d. Institutions must document the displaced studen 6 $300 t's request for part-time payment of the award. e. If a displaced student enrolls in an eligible colleg b. The maximum that may be billed is $300 per sem e or university during the 2005-2006 academic year ester and $600 per academic year (TOPS).

Louisiana Register Vol. 40, No. 12 December 20, 2014 84 (TOPS) and receives grades, those grades will be incl FISCAL AND ECONOMIC IMPACT STATEMENT uded in calculating the student's cumulative grade point aver FOR ADMINISTRATIVE RULES age. RULE TITLE: Scholarship/Grant Programs 5.a. For the 2005-2006 academic year (TOPS), students TOPS Continuation Requirements who are not displaced students, but due to the effects of a nat I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO ural disaster were unable to enroll for the first time as full-ti STATE OR LOCAL GOVERNMENT UNITS (Summary) me students by the deadline or to enroll as full-time students The proposed changes will require that the TOPS or to maintain continuous enrollment or to earn at least 24 ho cumulative grade point average (GPA) for students with the urs during the academic year (TOPS), may submit a request TOPS Opportunity, Performance and Honors (OPH) Awards be for an exception in accordance with §2103.D, based on one calculated based on the grades for all courses attempted, of the circumstances listed in §2103.E, or in accordance with whether in technical or academic programs, beginning with the the following procedures for the circumstances described in t 2015-16 academic year. These changes should not result in any his Subsection. additional costs to the program. Currently, GPA for OPH students is calculated separately for courses attempted in i.- ii. … academic programs and courses attempted in technical b. Natural Disaster Exception (for other than displac programs. For most of the OPH students, the calculation of the ed students) GPA using all courses attempted will not change their TOPS i. Definition. The effects of a natural disaster pre status. The calculation of GPA by combining grades may result vented the student/recipient from enrolling as a full-time stu in the short-term suspension of the TOPS Award for a few dent or continuing enrollment or earning 24 hours during the students. However, inclusion of grades from technical courses 2005-2006 academic year (TOPS). in the calculation of overall GPA per the proposed rules will ii. - iii. … likely allow students to raise their cumulative GPA faster and AUTHORITY NOTE: Promulgated in accordance with R.S. 17 meet cumulative TOPS GPA requirements sooner than under 3021-3025, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3050.1-305 current rules. Furthermore, the proposed rules will grant these 0.4. students one term to bring their grades up to the minimum HISTORICAL NOTE: Promulgated by the Student Financial A required. ssistance Commission, Office of Student Financial Assistance, LR II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE 22:338 (May 1996), amended LR 23:1648 (December 1997), repro OR LOCAL GOVERNMENTAL UNITS (Summary) mulgated LR 24:647 (April 1998), amended LR 24:1916 (October Revenue collections of state and local governments will not 1998), LR 26:1015 (May 2000), LR 26:2002 (September 2000), LR be affected by the proposed changes. 27:36 (January 2001), repromulgated LR 27:1866 (November 200 III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO 1), amended LR 27:1875 (November 2001), LR 28:46 (January 200 DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL 2), LR 28:449 (March 2002), LR 28:775 (April 2002), LR 28:2330 GROUPS (Summary) and 2333 (November 2002), LR 29:126 (February 2003), LR 29:23 The calculation of GPA by combining grades may result in 73 (November 2003), LR 29:2373 (November 2003), LR 30:785 (A the short-term suspension of the TOPS Award for a few pril 2004), LR 30:1167 (June 2004), LR 31:1060 (May 2005), LR 3 students (estimated to be less than 205 or less than 0.5% of all 3:440 (March 2007), LR 35:1233 (July 2009), LR 38:3160 (Decem OPH recipients). However, inclusion of grades from technical ber 2012), LR 41: courses in the calculation of overall GPA per the proposed Family Impact Statement rules will likely allow students to raise their cumulative GPA faster and meet cumulative TOPS GPA requirements sooner The proposed Rule has no known impact on family format than exclusion of such grades for OPH awards under current ion, stability, or autonomy, as described in R.S. 49:972. rules. Furthermore, the proposed rules will grant these students Poverty Impact Statement one paid term to bring their grades up to the minimum required. The proposed rulemaking will have no impact on poverty IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT as described in R.S. 49:973. (Summary) Small Business Statement There are no anticipated effects on competition and The proposed Rule will have no adverse impact on small b employment resulting from the proposed change. usinesses as described in R.S. 49:965.2 et seq. George Badge Eldredge Evan Brasseaux Provider Impact Statement General Counsel Staff Director The proposed Rule will have no adverse impact on provid 1412#011 Legislative Fiscal Office ers of services for individuals with developmental disabilitie s as described in HCR 170 of 2014. NOTICE OF INTENT Public Comments Student Financial Assistance Commission Interested persons may submit written comments on the pr Office of Student Finanical Assistance oposed changes (SG15158NI) until 4:30 p.m., January 9, 20 15, by email to [email protected] or by mail to Suj Scholarship/Grant Programs uan Williams Boutté, Ed. D., Executive Director, Office of S TOPS Tech Early Start Award tudent Financial Assistance, P.O. Box 91202, Baton Rouge, (LAC 28:IV.1003) LA 70821-9202. The Louisiana Student Financial Assistance Commission George Badge Eldredge (LASFAC) announces its intention to amend its scholarship/ General Counsel grant rules (R.S. 17:3021-3025, R.S. 3041.10-

85 Louisiana Register Vol. 40, No. 12 December 20, 2014 3041.15, R.S. 17:3042.1, R.S. 17:3048.1, R.S. 17:3048.5 a FISCAL AND ECONOMIC IMPACT STATEMENT nd R.S. 17:3048.6). FOR ADMINISTRATIVE RULES This rulemaking adds definitions to the TOPS Tech Early RULE TITLE: Scholarship/Grant Programs Start Program rules, including a definition of technical or ap TOPS Tech Early Start Award plied course. (SG15160NI) Title 28 I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO EDUCATION STATE OR LOCAL GOVERNMENT UNITS (Summary) Part IV. Student Financial AssistanceHigher A Notice of Intent published 9/20/2014 proposed changes to modify the Scholarship and Grant Program Rules to Education Scholarship and Grant Programs implement TOPS Tech Early Start (TTES) program Chapter 10. TOPS-Tech Early Start Award requirements enacted by Act 737 of the 2014 Regular Session §1003. Definitions of the Louisiana Legislature. The proposed changes in that Approved Training Programa program provided by an a Notice of Intent included several changes in Section 1003 that pproved training provider of technical and/or applied courses are not yet final. Those changes are repeated in this proposed toward a credential in a top demand occupation. rule to avoid confusion and are not new changes. This Approved Training Providera Louisiana provider recog proposed rule change only adds the following definition to nized by the Louisiana Workforce Commission and approve Section 1003 that was not included in the previous Notice of Intent: Technical or Applied Course–a course required for a d by the state Board of Elementary and Secondary Education credential in a top demand occupation. Adding this definition to provide technical and/or applied courses toward a credenti to Section 1003 clarifies that TTES funding can be used to pay al in a top demand occupation. for any course that leads to completion of a TTES eligible Credential-Industry-Based Certificationa certificate of a technical program. The student must still pursue a certificate or pplied science or a certificate of technical sciences approved degree in an approved field to participate in the program. Thus, by the Workforce Investment Council. student eligibility is not affected so program expenditures Technical or Applied Coursea course required for a cred should not be impacted by this change. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE ential in a top demand occupation. OR LOCAL GOVERNMENTAL UNITS (Summary) Top Demand Occupationan occupation identified by the Revenue collections of state and local governments will not Occupation Forecasting Conference as being in top demand i be affected by the proposed changes. n Louisiana and recognized by the State Industry-Based Cert III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO ification Leadership Council. DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL AUTHORITY NOTE: Promulgated in accordance with R.S. 17 GROUPS (Summary) 3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5. There are no additional costs or economic benefits to HISTORICAL NOTE: Promulgated by the Student Financial A directly affected persons or nongovernmental groups from this ssistance Commission, Office of Student Financial Assistance, LR proposed change. 31:3110 (December 2005), amended LR 41: IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT Family Impact Statement (Summary) The proposed Rule has no known impact on family format There are no anticipated effects on competition and ion, stability, or autonomy, as described in R.S. 49:972. employment resulting from the proposed change. Poverty Impact Statement George Badge Eldredge Evan Brasseaux The proposed rulemaking will have no impact on poverty General Counsel Staff Director as described in R.S. 49:973. 1412#047 Legislative Fiscal Office Small Business Statement The proposed Rule will have no adverse impact on small b usinesses as described in R.S. 49:965.2 et seq. NOTICE OF INTENT Provider Impact Statement Tuition Trust Authority The proposed Rule will have no adverse impact on provid Office of Student Financial Assistance ers of services for individuals with developmental disabilitie s as described in HCR 170 of 2014. START Saving Program (LAC 28:VI.301) Public Comments Interested persons may submit written comments on the pr The Louisiana Tuition Trust Authority announces its intent oposed changes (SG15160NI) until 4:30 p.m., January 9, 20 ion to amend its START Saving Program rules (R.S. 17:3091 15, by email to [email protected] or to Sujuan Will et seq.). This rulemaking revises the residency requirements iams Boutté, Ed. D., Executive Director, Office of Student Fi for account owners and beneficiaries to include individuals nancial Assistance, P.O. Box 91202, Baton Rouge, LA 7082 who are lawfully residing in the United States and have a val 1-9202. id Social Security number. (ST15157NI) George Badge Eldredge General Counsel

Louisiana Register Vol. 40, No. 12 December 20, 2014 86 Title 28 Provider Impact Statement EDUCATION The proposed Rule will have no adverse impact on provid Part VI. Student Financial Assistance―Higher ers of services for individuals with developmental disabilitie Education Savings s as described in HCR 170 of 2014. Chapter 3. Education Savings Account Public Comments §301. Education Savings Accounts Interested persons may submit written comments on the pr A. - E.2. … oposed changes (ST15157NI) until 4:30 p.m., January 9, 201 F. Citizenship Requirements. Both an account owner wh 5, by email to [email protected] or to Sujuan Willi o is not a legal entity and the beneficiary must meet the follo ams Boutté, Executive Director, Office of Student Financial wing citizenship requirements: Assistance, P.O. Box 91202, Baton Rouge, LA 70821-9202. 1. be a United States citizen; or 2. be a permanent resident of the United States as defi George Badge Eldredge ned by the U.S. Citizenship and Immigration Services (USCI General Counsel S) or its successor and provide copies of USCIS documentati on with the submission of the owner's agreement; or FISCAL AND ECONOMIC IMPACT STATEMENT 3. be lawfully residing in the United States and have a FOR ADMINISTRATIVE RULES valid Social Security number. RULE TITLE: START Saving Program G. - H.2. … 3. By signing the owner's agreement: I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO a. the account owner who is a natural person, other t STATE OR LOCAL GOVERNMENT UNITS (Summary) han a natural person classified as an account owner under §3 Under current START Program rules, START account 03.A.5, certifies that: owners and beneficiaries must be a citizen or permanent resident of the United States. The proposed rule adds i. both account owner and beneficiary are United individuals who are lawfully in Louisiana who are neither States citizens or permanent residents of the United States as United States citizens nor permanent residents as a category of defined by the U.S. Citizenship and Immigration Services (U individuals eligible to be a START Program account owner or SCIS) or its successor or be lawfully residing in the United S beneficiary. To qualify, these individuals must have a social tates and have a valid Social Security number; and security number and primarily includes the following: students (a). if permanent residents have provided copies at Louisiana colleges who have student visas, foreign nationals of USCIS documentation with the submission of the applicat working in Louisiana with a work visa, and individuals who ion and owner's agreement; or were granted asylum status to live and work indefinitely in the (b). if in the United States lawfully with a valid S United States. It is anticipated that the number of new START accounts ocial Security number have provided the visa or other docum that would be opened due to this proposed eligibility change ent(s) from the USCIS evidencing lawful residency and a co would be very small thus having a minimal impact on Earnings py of the Social Security card from the Social Security Admi Enhancement disbursements. Any increase in Earnings nistration; and Enhancement disbursements that occurs due to this proposed ii. the information provided in the application is tr change should be within the current State General Fund ue and correct; appropriation level for Earning Enhancements and would not H.3.b. - I. … require any additional state funding. AUTHORITY NOTE: Promulgated in accordance with R.S. 17 II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE 3091-3099.2. OR LOCAL GOVERNMENTAL UNITS (Summary) HISTORICAL NOTE: Promulgated by the Tuition Trust Autho Revenue collections of state and local governments will not rity, Office of Student Financial Assistance, LR 23:713 (June 1997), be affected by the proposed changes. amended LR 24:436 (March 1998), LR 24:1269 (July 1998), LR 2 III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO 5:1794 (October 1999), LR 26:2262 (October 2000), LR 27:1878 DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL (November 2001), LR 28:450 (March 2002), LR 28:778 (April 200 GROUPS (Summary) 2), LR 28:2334 (November 2002), LR 30:786 (April 2004), LR 33: Primarily, students at Louisiana colleges who have student 443 (March 2007), LR 36:313 (February 2010), LR 41: visas, foreign nationals working in Louisiana with a work visa, Family Impact Statement and individuals who were granted asylum status to live and work indefinitely in the United States will be able to use a The proposed Rule has no known impact on family format START account to help pay for qualified higher education ion, stability, or autonomy, as described in R.S. 49:972. expenses and receive any tax benefits due under federal and Poverty Impact Statement state laws. The proposed rulemaking will have no impact on poverty IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT as described in R.S. 49:973. (Summary) Small Business Statement There are no anticipated effects on competition and The proposed Rule will have no adverse impact on small b employment resulting from these measures. usinesses as described in R.S. 49:965.2 et seq. George Eldredge Evan Brasseaux General Counsel Staff Director 1412#012 Legislative Fiscal Office

87 Louisiana Register Vol. 40, No. 12 December 20, 2014 NOTICE OF INTENT 2001), repromulgated LR 30:231 (February 2004), amended by t he Office of the Secretary, Legal Affairs Division, LR 31:2431 (Oct Department of Environmental Quality ober 2005), LR 35:654 (April 2009), amended by the Office of the Office of the Secretary Secretary, Legal Division, LR 41: Legal Division Family Impact Statement This Rule has no known impact on family formation, stabi Environmental AssessmentReissued Permits lity, and autonomy as described in R.S. 49:972. (LAC 33:IX.2905)(WQ090) Poverty Impact Statement This Rule has no known impact on poverty as described in Under the authority of the Environmental Quality Act, R.S R.S. 49:973. 30:2001 et seq., and in accordance with the provisions of th Provider Impact Statement e Administrative Procedure Act, R.S. 49:950 et seq., the secr This Rule has no known impact on providers as described etary gives notice that rulemaking procedures have been initi in HCR 170 of 2014. ated to amend the Water Quality regulations, LAC 33:IX.290 Public Comments 5.B (WQ090). All interested persons are invited to submit written comme This Rule identifies facilities and permit changes consider nts on the proposed regulation. Persons commenting should r ed minor for the purposes of R.S. 30:2018 when they are ass eference this proposed regulation by WQ090. Such comment ociated with permit renewal applications. This Rule also pro s must be received no later than February 3, 2015, at 4:30 p. vides the department flexibility with respect to classification m., and should be sent to Deidra Johnson, Attorney Supervis of additional changes as mionor during the permit renewal pr or, Office of the Secretary, Legal Division, P.O. Box 4302, B ocess. It will clearly specify when an environmental assessm aton Rouge, LA 70821-4302 or to ent should accompany the reissuance of an existing permit. T fax (225) 219-4068 or by e-mail to [email protected]. he basis and rationale of this Rule are to clarify what constit Copies of these proposed regulations can be purchased by co utes a minor modification for the purposes of R.S. 30:2018 ntacting the DEQ Public Records Center at (225) 219-3168. (A) and (G). This Rule meets an exception listed in R.S. 30: Check or money order is required in advance 2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regar for each copy of WQ090. These proposed regulations ding environmental/health benefits and social/economic cost are available on the internet at www.deq.louisiana.gov/portal s is required. /tabid/1669/default.aspx. Title 33 These proposed regulations are available for inspection at ENVIRONMENTAL QUALITY the following DEQ office locations from 8 a.m. until 4:30 p. Part IX. Water Quality m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 High Subpart 2. The Louisiana Pollutant Discharge way 546, West Monroe, LA 71292; State Office Building, 15 Elimination System (LPDES) Program 25 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall S Chapter 29. Transfer, Modification, Revocation and R treet, Lake Charles, LA 70615; 111 New Center Drive, Lafay eissuance, and Termination of LPDES Per ette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 2 mits 01 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123. §2905. Minor Modifications of Permits Public Hearing A. - A.8. … A public hearing will be held on January 27, 2015, at 1:30 B. In addition to the modifications identified in Paragrap p.m. in the Galvez Building, Oliver Pollock Conference Roo hs A.1-8 of this Section, the following changes associated wi m, 602 North Fifth Street, Baton Rouge, LA 70802. Intereste th renewal applications shall be considered minor modificati d persons are invited to attend and submit oral comments on ons for the purposes of R.S. 30:2018(E)(4): the proposed amendments. Should individuals with a disabili 1. changes to existing outfall descriptions; ty need an accommodation in order to participate, contact De 2. changes to production or flow rate increases achiev idra Johnson at the address given below or at (225) 219-398 ed through better efficiency or increased demand without the 5. Two hours of free parking are allowed in the Galvez Gara construction or addition of new unit(s) or outfall(s); ge with a validated parking ticket. 3. the addition of outfalls previously permitted under a nother LPDES permit; Herman Robinson, CPM 4. the addition of waste load allocations assigned by t Executive Counsel otal maximum daily loads or Clean Water Act §303(d) impai rment; and FISCAL AND ECONOMIC IMPACT STATEMENT 5. any other changes determined to be minor by the ad FOR ADMINISTRATIVE RULES ministrative authority. RULE TITLE: Environmental Assessment AUTHORITY NOTE: Promulgated in accordance with R.S. 30 Reissued Permits 2001 et seq., and in particular Section 2074(B)(3) and (B)(4). HISTORICAL NOTE: Promulgated by the Department of Envi I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO ronmental Quality, Office of Water Resources, LR 21:945 (Septemb STATE OR LOCAL GOVERNMENT UNITS (Summary) er 1995), amended by the Office of Environmental Assessment, En There will be no significant implementation costs or vironmental Planning Division, LR 27:46 (January savings to state or local government units as a result of the proposed rule. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

Louisiana Register Vol. 40, No. 12 December 20, 2014 88 There is no estimated effect on revenue collections or state website and at the domicile office and be made available t or local governmental units resulting from the proposed rule. o the public upon request. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO AUTHORITY NOTE: Promulgated in accordance with R.S. 4: DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL 148. GROUPS (Summary) HISTORICAL NOTE: Adopted by the Racing Commission in There will be no significant costs and/or economic benefits 1971, promulgated by the Department of Commerce, Racing Com to directly affected persons or non-governmental groups from mission, LR 2:449 (December 1976), amended LR 3:45 (January 1 the proposed rule. 977), LR 4:287 (August 1978), amended by the Office of the Gover IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT nor, Division of Administration, Racing Commission, LR 41: (Summary) Family Impact Statement There is no estimated effect on competition or employment This proposed Rule has no known impact on family forma as a result of the proposed rule. tion, stability, and/or autonomy as described in R.S. 49:972. Herman Robinson Evan Brasseaux Poverty Impact Statement Executive Counsel Staff Director This proposed Rule has no known impact on poverty as de 1412#053 Legislative Fiscal Office scribed in R.S. 49:973. Provider Impact Statement NOTICE OF INTENT This proposed Rule has no known impact on providers of Office of the Governor services for individuals with developmental disabilities. Division of Administration Public Comments Racing Commission The domicile office of the Louisiana State Racing Commi ssion is open from 8 a.m. to 4:30 p.m., and interested parties Controlled Medication (LAC 35:I.1725) may contact Charles A. Gardiner III, Executive Director, or Larry Munster, Assistant Executive Director, at (504) 483-40 00 (holidays and weekends excluded), or by fax (504) 483-4 The Louisiana State Racing Commission hereby gives noti 898, for more information. All interested persons may submi ce that it intends to publish and adopt the following Rule by t written comments relative to this proposed Rule for a perio Notice of Intent. The proposed amendment in conjunction wi d up to 20 days exclusive of weekends and state holidays fro th LAC 35:I.1505 changes the amount of medication allowe m the date of this publication to 320 North Carrollton Avenu d to be given for the therapeutic and/or nonsteroidal and/or a e, Suite 2-B, New Orleans, LA 70119-5100. nti-inflammatory medications listed in the List of Controlled Therapeutic Medications published by the Association of Ra Charles A. Gardiner, III cing Commissioners International, Inc. Louisiana is a memb Executive Director er of the Association of Racing Commissioners International, Inc., and therefore has a vote on including medications from FISCAL AND ECONOMIC IMPACT STATEMENT this list. Currently, there are 26 medications on this list. Thes FOR ADMINISTRATIVE RULES e medications consist of category 3, 4, or 5 medication, drug, RULE TITLE: Controlled Medication or substance as defined and listed by the Association of Raci ng Commissioners International, Inc., Drug Testing and Qual I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO ity Assurance Program’s uniform classification guidelines fo STATE OR LOCAL GOVERNMENT UNITS (Summary) r foreign substances. The Rule memorializes the current rule There is no anticipated direct material effect on state or which provides that detection of any category 1 or 2 medicat local governmental units as a result of the proposed ion, drug, or substance as defined and listed by the Associati administrative rule change. The current drug testing contract on of Racing Commissioners International, Inc., Drug Testin with Louisiana State University provides for the drug testing of g and Quality Assurance Program’s uniform classification gu nearly 8,000 samples annually. The same number of horses will idelines for foreign substances constitutes a violation. be tested at no additional cost to the laboratory. Title 35 The proposed administrative rule change, in conjunction with the proposed changes to the Therapeutic and/or HORSE RACING Nonsteroidal and/or Anti-Inflammatory Medication rule (LAC Part I. General Provisions 35:I.1505), will bring Louisiana into uniformity with reforms Chapter 17. Corrupt and Prohibited Practices regarding the medication of race horses both nationally and §1725. Controlled Medication internationally. A. Controlled medications are permitted in Louisiana as The proposed rule change specifically adopts by reference set forth in the list of controlled therapeutic medications publ the List of Controlled Therapeutic Medications published by ished by the Association of Racing Commissioners Internati the Association of Racing Commissioners International, Inc. onal, Inc. and shall only be administered as therein prescribe and provides the manner in which the Commission will d and regulated at the threshold levels set forth in said list. maintain the list. Currently 34 states have adopted or are in the process of B. The controlled therapeutic medications list as publish adopting the uniform medication reforms. ed by the Association of Racing Commissioners Internationa II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE l, Inc., shall be maintained on the commission OR LOCAL GOVERNMENTAL UNITS (Summary) There is no estimated effect on revenue collections of state or local governmental units as a result of the proposed administrative rule.

89 Louisiana Register Vol. 40, No. 12 December 20, 2014 III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO HISTORICAL NOTE: Promulgated by the Department of Com DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL merce, Racing Commission, LR 8:140 (March 1982), amended LR GROUPS (Summary) 12:419 (July 1986), amended by the Office of the Governor, Divisi Trainers, veterinarians, and owners could be impacted by on of Administration, Racing Commission, LR 41: the proposed administrative rule in that it sets forth the only Family Impact Statement therapeutic, nonsteroidal, and/or anti-inflammatory medications This proposed Rule has no known impact on family forma that may be administered to a horse by the guidelines of the tion, stability, and/or autonomy as described in R.S. 49:972. Association of Racing Commissioners International, Inc. Poverty Impact Statement IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) This proposed Rule has no known impact on poverty as de There is no anticipated effect on competition and scribed in R.S. 49:973. employment as a result of the proposed administrative rule Provider Impact Statement change. This proposed Rule has no known impact on providers of services for individuals with developmental disabilities. Charles A. Gardiner, III Evan Brasseaux Public Comments Executive Director Staff Director The domicile office of the Louisiana State Racing Commi 1412#005 Legislative Fiscal Office ssion is open from 8 a.m. to 4:30 p.m., and interested parties may contact Charles A. Gardiner III, Executive Director, or NOTICE OF INTENT Larry Munster, Assistant Executive Director, at (504) 483-40 Office of the Governor 00 (holidays and weekends excluded), or by fax (504) 483-4 Division of Administration 898, for more information. All interested persons may submi Racing Commission t written comments relative to this proposed Rule for a perio d up to 20 days exclusive of weekends and state holidays fro Pre-Race Testing (LAC 35:I.1787) m the date of this publication to 320 North Carrollton Avenu e, Suite 2-B, New Orleans, LA 70119-5100. The Louisiana State Racing Commission hereby gives noti ce that it intends to publish and adopt the following Rule by Charles A. Gardiner, III Notice of Intent. The proposed amendment changes the amo Executive Director unt of allowable phenylbutazone from 5.0 micrograms per m illiliter of blood to 2.0 micrograms per milliliter of blood in FISCAL AND ECONOMIC IMPACT STATEMENT a racehorse scheduled to race that is being pre-race tested. C FOR ADMINISTRATIVE RULES urrently, the Louisiana State Racing Commission does not co RULE TITLE: Pre-Race Testing nduct pre-race testing. The proposed administrative rule cha nge, in conjunction with the proposed changes to LAC 35:I.1 I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO 725 and LAC 35:I.1505, will serve to bring Louisiana into u STATE OR LOCAL GOVERNMENT UNITS (Summary) niformity with the national medication reform taking place r There is no anticipated direct material effect on state or egarding medicating race horses nationally and internationall local governmental units as a result of the proposed administrative rule change. The current drug testing contract y. Approximately 34 states have adopted or have begun the p with Louisiana State University provides for the drug testing of rocess to adopt the uniform medication reform. This will ens nearly 8,000 samples annually. The same number of horses will ure that if the Louisiana State Racing Commission does cond be tested at no additional cost to the laboratory. uct pre-race testing, the allowable amount of phenylbutazone The proposed administrative rule change, in conjunction will not conflict with the amount adopted elsewhere in the ru with the proposed changes to the Therapeutic and/or les. Nonsteroidal and/or Anti-Inflammatory Medication rule (LAC Title 35 35:I.1505) and the Controlled Medication rule (LAC HORSE RACING 35:I.1725), will bring Louisiana into uniformity with reforms regarding the medication of race horses both nationally and Part I. General Provisions internationally. Chapter 17. Corrupt and Prohibited Practices The proposed rule change ensures that if Louisiana State §1787. Pre-Race Testing Racing Commission does conduct pre-race testing, the A - G. … allowable amount of phenylbutazone will be in compliance H. Whenever pre-race laboratory test reports indicate the with the amount set forth by the Controlled Medications rule presence of a prohibited medication or drug in the sample ta (LAC 35:I.1725). The proposed amendment to this rule brings ken from a horse scheduled to race, particularly, but not limit the maximum level of detection for phenylbutazone from 5.0 ed to specific maximum by quantitative determination of 2.0 micrograms per milliliter of blood to 2.0 micrograms per micrograms phenylbutazone per milliliter of blood, stewards milliliter of blood, which is the allowable amount set forth in the other proposed amended rules relating to the uniform shall scratch the horse from the race. On the first offense a p medication reform (LAC 35:I.1505 and LAC 35:I.1725). enalty of not less than $100, nor more than $200, shall be ass Currently the Louisiana State Racing Commission does not essed the trainer. Upon second or multiple offenses for positi conduct this form of pre-race testing, but has the authority to do ve tests, the stewards shall take whatever action they deem a so if a governing body of horse racing asks them to perform it. ppropriate, consistent with law and the Rules of Racing. The Louisiana State Racing Commission currently uses Total I. - L. ... Dissolved Carbon Dioxide Testing (as outlined LAC 35:I.1720) AUTHORITY NOTE: Promulgated in accordance with R.S. 4: or “Milkshaking” as a form of pre-race testing. 141 and R.S. 4:148.

Louisiana Register Vol. 40, No. 12 December 20, 2014 90 Currently 34 states have adopted or are in the process of a race meeting in this state except by a licensed veterinarian adopting the uniform medication reforms. or a licensed trainer, or under his or her personal order; provi II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE ded, however, that any such medication given hypodermicall OR LOCAL GOVERNMENTAL UNITS (Summary) y may only be administered by a licensed veterinarian. The n There is no estimated effect on revenue collections of state or local governmental units as a result of the proposed onsteroidal, anti-inflammatory medications and/or therapeuti administrative rule. c medication of any kind shall only be allowed to be adminis III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO tered as is set forth in Chapter 17, Section 1721 and Section DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL 1725. All other category 3, 4 and 5 medications as listed by t GROUPS (Summary) he Association of Racing Commissioners International, Inc., Trainers, veterinarians, and owners could be impacted by Drug Testing and Quality Assurance Program’s uniform clas the proposed administrative rule in that it changes the amount sification guidelines for foreign substances may not be admi of controlled therapeutic medications that can be given to a nistered within 24 hours of a race in which a horse is entered horse prior to a race. to race. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) B. ... There is no anticipated effect on competition and C. Detection of any Category 1 or 2 medication, drug, or employment as a result of the proposed administrative rule substance as defined and listed by the Association of Racing change. Commissioners International, Inc. Drug Testing and Quality Assurance Program’s Uniform Classification Guidelines for Charles A. Gardiner, III Evan Brasseaux Foreign Substances constitutes a violation. Executive Director Staff Director AUTHORITYNOTE: Promulgated in accordance with R.S. 4:14 1412#004 Legislative Fiscal Office 1 and R.S. 4:142. HISTORICAL NOTE: Promulgated by the Department of Com NOTICE OF INTENT merce, Racing Commission, LR 9:547 (August 1983), amended by Office of the Governor the Office of the Governor, Division of Administration, Racing Co mmission, LR 37:1393 (May 2011), LR 38:1408 (June 2012), LR 3 Division of Administration 9:1281 (May 2013), LR 41: Racing Commission Family Impact Statement This proposed Rule has no known impact on family forma Therapeutic and/or Nonsteroidal tion, stability, and/or autonomy as described in R.S. 49:972. and/or Anti-Inflammatory Medication Poverty Impact Statement (LAC 35:I.1505) This proposed Rule has no known impact on poverty as de scribed in R.S. 49:973. The Louisiana State Racing Commission hereby gives noti Provider Impact Statement ce that it intends to publish and adopt the following Rule by This proposed Rule has no known impact on providers of Notice of Intent. The proposed amendment in conjunction wi services for individuals with developmental disabilities. th LAC 35:I.1725 changes the amount of medication allowe Public Comments d to be given for the therapeutic and/or nonsteroidal and/or a The domicile office of the Louisiana State Racing Commi nti-inflammatory medications listed in the list of controlled t ssion is open from 8 a.m. to 4:30 p.m., and interested parties herapeutic medications published by the Association of Raci may contact Charles A. Gardiner III, Executive Director, or ng Commissioners International, Inc. Louisiana is a member Larry Munster, Assistant Executive Director, at (504) 483-40 of the Association of Racing Commissioners International, I 00 (holidays and weekends excluded), or by fax (504) 483-4 nc., and therefore has a vote on including medications from t 898, for more information. All interested persons may submi his list. Currently, there are 26 medications on this list. Thes t written comments relative to this proposed Rule for a perio e medications consist of category 3, 4, or 5 medication, drug, d up to 20 days exclusive of weekends and state holidays fro or substance as defined and listed by the Association of Raci m the date of this publication to 320 North Carrollton Avenu ng Commissioners International, Inc., Drug Testing and Qual e, Suite 2-B, New Orleans, LA 70119-5100. ity Assurance Program’s uniform classification guidelines fo r foreign substances. The Rule memorializes the current Rul Charles A. Gardiner, III e which provides that detection of any category 1 or 2 medic Executive Director ation, drug, or substance as defined and listed by the Associa tion of Racing Commissioners International, Inc. Drug Testi ng and Quality Assurance Program’s uniform classification g FISCAL AND ECONOMIC IMPACT STATEMENT uidelines for foreign substances constitutes a violation. FOR ADMINISTRATIVE RULES Title 35 RULE TITLE: Therapeutic and/or Nonsteroidal HORSE RACING and/or Anti-Inflammatory Medication Part I. General Provisions Chapter 15. Permitted Medication I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO §1505. Therapeutic and/or Nonsteroidal and/or Anti-Inf STATE OR LOCAL GOVERNMENT UNITS (Summary) lammatory Medication There is no anticipated direct material effect on state or A. No nonsteroidal and/or anti-inflammatory medication local governmental units as a result of the proposed and/or therapeutic medication of any kind may be administer administrative rule change. The current drug testing contract ed to or used on a horse in training and eligible to be raced at with Louisiana State University provides for the drug testing of

91 Louisiana Register Vol. 40, No. 12 December 20, 2014 nearly 8,000 samples annually. The same number of horses will 1. The Effect on the Stability of the Family. Implemen be tested at no additional cost to the laboratory. tation of these proposed rules will have no effect on the stabi The proposed administrative rule change, in conjunction lity of the family. with the proposed changes to the Controlled Medication rule 2. The Effect on the Authority and Rights of Parent Re (LAC 35.I.1725), will bring Louisiana into uniformity with reforms regarding the medication of race horses both nationally garding the Education and Supervision of Their Children. Im and internationally. plementation of these proposed rules will have no effect on t The proposed rule change sets forth that the only he authority and rights of parents regarding the education an therapeutic, nonsteroidal, and/or anti-inflammatory medications d supervision of their children. that may be administered to a horse are those specifically set 3. The Effect on the Functioning of the Family. Imple forth by the Controlled Medication rule (LAC 35.I.1725). The mentation of these proposed rules will have no effect on the proposed rule change maintains the current rule that prohibits functioning of the family. administration of Category 3, 4, and 5 medications to a horse 4. The Effect on Family Earnings and Family Budget. within 24 hours of a race. The proposed rule change also Implementation of these proposed rules will have no effect o maintains that detection of Category 1 or 2 medications, drugs, or substances is a violation. n family earnings and family budget. Currently 34 states have adopted or are in the process of 5. The Effect on the Behavior and Personal Responsib adopting the uniform medication reforms. ility of Children. Implementation of these proposed rules wil II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE l have no effect on the behavior and responsibility of childre OR LOCAL GOVERNMENTAL UNITS (Summary) n. There is no estimated effect on revenue collections of state 6. The Ability of the Family or a Local Government to or local governmental units as a result of the proposed Perform the Function as Contained in these Proposed Rules. administrative rule. Implementation of these proposed rules will have no effect o III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO n the ability of the family or local government to perform thi DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) s function. Trainers, veterinarians, and owners could be impacted by Poverty Impact Statement the proposed administrative rule in that it changes the amount The proposed rulemaking will have no impact on poverty of controlled therapeutic medications that can be given to a as described in R.S. 49:973. horse prior to a race. Small Business Statement IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT The proposed Rule will have no adverse impact on small b (Summary) usinesses as described in R.S. 49:965.2 et seq. There is no anticipated effect on competition and Provider Impact Statement employment as a result of the proposed administrative rule change. The proposed Rule will have no adverse impact on provid ers of services for individuals with developmental disabilitie Charles A. Gardiner, III Evan Brasseaux s as described in HCR 170 of 2014. Executive Director Staff Director Public Comments 1412#003 Legislative Fiscal Office Interested persons may submit written comments on the pr oposed rules until 4 p.m., January 9, 2015, at the following a NOTICE OF INTENT ddress: Charles Abels, Tax Commission Administrator, Loui Office of the Governor siana Tax Commission, P.O. Box 66788, Baton Rouge, LA 7 Division of Administration 0896. Tax Commission James D. "Pete" Peters Chairman Ad Valorem Taxation (LAC 61:V.101, 304, 703, 907, 1103, 1307, 1503, FISCAL AND ECONOMIC IMPACT STATEMENT 2503, 3101, 3103, 3105, 3106, 3107 and 3501) FOR ADMINISTRATIVE RULES RULE TITLE: Ad Valorem Taxation In accordance with provisions of the Administrative Proce dure Act (R.S. 49:950 et seq.), and in compliance with statut I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) ory law administered by this agency as set forth in R.S. 47:1 The proposed rules reflect annual changes in valuation 837, notice is hereby given that the Tax Commission intends procedures for taxation purposes based on the most recent to adopt, amend and/or repeal sections of the Louisiana Tax available data. There are no estimated state costs or savings Commission real/personal property rules and regulations for associated with the proposed rules. The impact on local use in the 2015 (2016 Orleans Parish) tax year. governmental workload and paperwork cannot be quantified, The full text of this proposed Rule may be viewed in the E but is expected to be minimal. mergency Rule section of this issue of the Louisiana Registe II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE r. OR LOCAL GOVERNMENTAL UNITS (Summary) On average, these revisions will generally decrease certain Family Impact Statement 2015 real and personal property assessments for property of As required by Act 1183 of the 1999 Regular Session of th similar age and condition in comparison with the latest e Louisiana Legislature, the Louisiana Tax Commission here available equivalent assessments. However, the assessments of by submits the following Family Impact Statement. certain property types will increase compared to prior year. Composite multiplier tables for assessment of most personal

Louisiana Register Vol. 40, No. 12 December 20, 2014 92 property will decrease by an estimated 1.5%. Specific Loan Act (LDPSLA) who engage in the business of making valuation tables for assessment of pipelines will decrease by an small loans and deferred presentment transactions pursuant t estimated 2.5% (onshore -3.5% and offshore -1.5%). Oil & gas o the LDPSLA. wells will increase by an estimated 4.5% in all regions. Drilling AUTHORITY NOTE: Promulgated in accordance with R.S. 49 rigs will remain the same on average (land rigs, no change, 950 et seq., R.S. 9:3554(A)(5), R.S. 9:3554(B), and R.S. 9:3578.8 jack-ups +.5%, semisubmwesible rigs +.5% and well service (A) and (B). land only rigs -1.5%). The net effect determined by averaging HISTORICAL NOTE: Promulgated by the Office of the Gover these revisions is estimated to decrease assessments by .3% and nor, Office of Financial Institutions, LR 41: estimated local tax collections by $2,685,000 in FY 15/16 on §1103. Definitions the basis of the existing statewide average millage. However, these revisions will not necessarily affect revenue collections of A. Unless the context otherwise requires, as determined local government units as any net increase or decrease in by the commissioner in his discretion, all terms used in this assessed valuations are authorized to be offset by millage Chapter 11 shall have the same meanings as in the Louisiana adjustment provisions of Article VII, Section 23 of the state consumer credit law, (LCCL), R.S. 9:3510 et seq., as amend Constitution. The proposed rule also stipulates the calculation ed, and the Louisiana Deferred Presentment and Small Loan for depreciation of surface equipment using actual age when Act, (LDPSLA), R.S. 9:3578.1 et seq., as amended. In additi reported. on, unless the context otherwise requires, as determined by t There is no impact to state governmental units he commissioner in his discretion, the following definitions s III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO et forth in Subsection B below, apply in this Chapter 11. DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) B. Definitions The affects of these new rules on assessments of individual Chapterthis Chapter 11 of Part XI of Title 10 of the L items of equivalent real and personal property will generally be ouisiana Administrative Code. lower in 2015 compared to the last year of actual data. Specific Commissionerthe commissioner of the Office of Fina assessments will depend on the age and condition of the ncial Institutions for the state of Louisiana. property subject to assessment. Taxpayers will be impacted Deferred Presentment Transactiona transaction made based on the changes to the valuation guidelines for pursuant to a written agreement whereby a licensee: assessments as listed in Section II. The magnitude will depend on the taxable property for which they are liable. Regardless of a. accepts a check from the issuer dated as of the da the guidelines adopted by the Tax Commission, all taxpayers te it was written; continue to have the right to appeal the assessments. b. agrees to hold the check for a period of time not t IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT o exceed 30 days prior to negotiation or presentment; (Summary) c. pays to the issuer of the check the amount of the The impact on competition and employment cannot be check less the fee permitted in R.S. 9:3578.4(A). The amoun quantified. In as much as the proposed changes in assessments t paid to the issuer of the check may not exceed $350. are relatively small and there will no longer be any charges for LCCLthe Louisiana Consumer Credit Law, R.S. 9:35 the updates, the impact is expected to be minimal. 10 et seq., as amended. James D. "Pete" Peters Gregory V. Albrecht LDPSLAthe Louisiana Deferred Presentment and Sm Chairman Chief Economist all Loan Act, R.S. 9:3578.1 et seq., as amended. 1412#052 Legislative Fiscal Office Lender Personnela person(s), as defined in R.S. 9:351 6(24.1), who is employed by, contracted with, or engaged in NOTICE OF INTENT the performance of services, that involve the general public, including, but not limited to, those that offer, market, negotia Office of the Governor te, and/or sell deferred presentment transactions or small loa Office of Financial Institutions ns by or for a person licensed by the commissioner pursuant to the LCCL and the LDPSLA. Lender Education (LAC 10:XI.Chapter 11) Person(s)all persons, as defined in R.S. 9:3516(24.1) of the LCCL, licensed by the commissioner pursuant to the Under the authority of and in accordance with the Louisia LCCL and the LDPSLA who engage in the business of maki na Administrative Procedure Act, R.S. 49:950 et seq., R.S. 9: ng small loans and deferred presentment transactions pursua 3554(A)(5), R.S. 9:3554(B), and R.S. 9:3578.8(A) and (B), t nt to the LDPSLA. he commissioner of the Office of Financial Institutions hereb Small Loana consumer loan, as defined in R.S. 9:351 y gives notice of intent to adopt the following Rule to provid 6(14), of $350 or less, made for a term of 60 days or less. e for the education of lender personnel which engage in the b AUTHORITY NOTE: Promulgated in accordance with R.S. 49 usiness of making deferred presentment transactions or small 950 et seq., R.S. 9:3554(A)(5), R.S. 9:3554(B), and R.S. 9:3578.8 loans. (A) and (B). Title 10 HISTORICAL NOTE: Promulgated by the Office of the Gover FINANCIAL INSTITUTIONS, CONSUMER CREDIT, I nor, Office of Financial Institutions, LR 41: NVESTMENT SECURITIES AND UCC §1105. Required Education Part XI. Consumer Credit A. Each person shall provide education to all lender pers Chapter 11 Lender Education onnel annually no later than January 1 of each year and to all §1101. Application new lender personnel within the first month upon attainment A. This Chapter applies to all persons licensed by the co of this status or designation and each calendar year thereafter mmissioner pursuant to the Louisiana consumer credit law no later than January 1. The education material to be utilized (LCCL) and the Louisiana Deferred Presentment and Small by the person shall be provided to persons by the commissio

93 Louisiana Register Vol. 40, No. 12 December 20, 2014 ner electronically, through email transmissions, the website o AUTHORITY NOTE: Promulgated in accordance with R.S. 49 f the Office of Financial Institutions, or otherwise, as deeme 950 et seq., R.S. 9:3554(A)(5), R.S. 9:3554(B), and R.S. 9:3578.8 d appropriate by the commissioner. Such education shall con (A) and (B). sist of certain elements related to compliance with the LCCL, HISTORICAL NOTE: Promulgated by the Office of the Gover nor, Office of Financial Institutions, LR 41: LDPSLA, and this Chapter, including but not limited to, tho §1109. Severability se items enumerated in Subsection B below. A. If any Section, term, or provision of any of these rules B. Elements: LAC 10:XI.1101-1109, is for any reason declared or adjudg 1. all fees and charges allowed in connection with, an ed to be invalid, such invalidity shall not affect, impair, or in d limitations pertaining to deferred presentment transactions validate any of the remaining rules, or any term or provision and small loans, specifically the education shall include instr thereof. uction regarding the 16.75 percent maximum fee limitation a AUTHORITY NOTE: Promulgated in accordance with R.S. 49 nd $45 cap, the documentation fee limitation, the default inte 950 et seq., R.S. 9:3554(A)(5), R.S. 9:3554(B), and R.S. 9:3578.8 rest limitation for one year and beginning one year after cont (A) and (B). ractual maturity, the delinquency fee limitation, and that no o HISTORICAL NOTE: Promulgated by the Office of the Gover ther fees or charges are allowable; nor, Office of Financial Institutions, LR 41: 2. all rebates provided for in connection with deferred Family Impact Statement presentment transactions and small loans; This Rule has no known impact on family formation, stabi 3. all prohibited acts specified in R.S. 9:3578.6 of the lity, and autonomy as described in R.S. 49:972. LDPSLA; Poverty Impact Statement 4. provisions of Acts 2014, No. 636 of the Louisiana L This Rule has no known impact on poverty as described in egislature, regarding deferred presentment transactions and s R.S. 49:973. mall loans, and specifically those provisions regarding the re Small Business Statement peal of the one-time delinquency charge authorized by R.S. This Rule has no known adverse economic impact on smal 9:3527(A)(1), and the extended payment plan provision cont l business as described in R.S. 49:965.5. ained in R.S. 9:3578.4.1, and limitations in connection with t Provider Impact Statement he same; and This Rule has no known impact on providers as described 5. any other educational information provided to the p in HCR 170 of 2014. erson by the commissioner subsequently, electronically, thro Public Comments ugh email transmissions, the website of the Office of Financi All interested persons are invited to submit written comme al Institutions, or otherwise, and determined by the commissi nts regarding this proposed Rule no later than 5 p.m., Januar oner to be related to persons engaging in the business of mak y 10, 2015, to Susan H. Rouprich, General Counsel, Post Off ing deferred presentment transactions and small loans. ice Box 94095, Baton Rouge, LA 70804-9095, or by hand de AUTHORITY NOTE: Promulgated in accordance with R.S. 49 livery to 8660 United Plaza, Second Floor, Baton Rouge, LA 950 et seq., R.S. 9:3554(A)(5), R.S. 9:3554(B), and R.S. 9:3578.8 70809. (A) and (B). HISTORICAL NOTE: Promulgated by the Office of the Gover John Ducrest, CPA nor, Office of Financial Institutions, LR 41: Commissioner §1107. Administration A. Each person subject to this chapter shall retain such m FISCAL AND ECONOMIC IMPACT STATEMENT inimum records to show full compliance of the requirements FOR ADMINISTRATIVE RULES set forth hereunder, which minimum records are deemed nec RULE TITLE: Lender Education essary by the commissioner, and set forth by the commission er electronically, through email transmissions, the website of I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO the Office of Financial Institutions, or otherwise, as deemed STATE OR LOCAL GOVERNMENT UNITS (Summary) appropriate by the commissioner. This Chapter does not repl There are no significant anticipated costs or savings to state ace the person's responsibilities to comply with any other ap or local governmental units as a result of the proposed rule. The plicable record retention requirements, or to create, impleme proposed rule provides for requirements for annual education nt, and maintain its own comprehensive record retention pro of lender personnel who market, negotiate and/or sell deferred gram, consistent with the person's strategic goals and objecti presentment transactions or small loans. The training material ves. Such records may be retained in various forms as appro costs provided by the Office of Financial Institutions (OFI) will ved by the commissioner, including but not limited to, hard c likely be minimal and will be provided within the agency’s existing budgetary resources. opies, photocopies, computer printouts or microfilm, microfi II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE che, imaging, or other types of electronic media storage that OR LOCAL GOVERNMENTAL UNITS (Summary) can be readily accessed and reproduced into hard copies. There is no anticipated effect on revenue collections for the B. The commissioner may enforce this chapter pursuant t state or any local governmental units as a result of o authority and in the manner provided to him, by the laws u promulgation of the proposed rule. nder his jurisdiction, including but not limited to R.S. 6:121. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO 1, R.S. 9:3554, R.S. 9:3555, R.S. 9:3556, R.S. 9:3556.1, R.S. DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL 9:3556.2, R.S. 9:3556.3, and R.S. 9:3578.8, and including bu GROUPS (Summary) There is no anticipated cost to directly affected persons or t not limited to, the issuance of orders assessing civil money non-governmental groups. The proposed rule change requires penalties. licensed lenders to provide annual education to personnel who market, negotiate, and/or sell deferred presentment and small

Louisiana Register Vol. 40, No. 12 December 20, 2014 94 loans. The training materials will be provided electronically to 1. - 5. Repealed. licensees by the OFI. The only direct impact to presentment 6. The employment of the intern at the funeral home lenders will be the time it takes to review the training materials. may be verified by the board. Verification of employment m IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT ay be made by presenting the quarterly returns submitted eit (Summary) Promulgation of the proposed rule will have no effect on her to the Internal Revenue Service or the Louisiana Depart competition and employment as all licensed payday lenders ment of Revenue and Taxation, or, alternatively, some other will be required to provide the same education as generated by official form used to verify employment which is acceptable the OFI. to the board. 7. The board registered supervisor shall certify or veri John Ducrest, CPA Evan Brasseaux fy the cases and the contact hours that the intern worked duri Commissioner Staff Director ng the month. 1412#048 Legislative Fiscal Office 8. Any internship shall be considered stale/null and vo id and unavailable for consideration after the passage of 10 y NOTICE OF INTENT ears. Department of Health and Hospitals AUTHORITY NOTE: Promulgated in accordance with R.S. Board of Embalmers and Funeral Directors 37:840. HISTORICAL NOTE: Adopted by the Department of Health License, Internship and Inspection and Human Resources, Board of Embalmers and Funeral Directors, August 1966, promulgated LR 5:277 (September 1979), amended (LAC 46:XXXVII.707, 901, 903, 907, 909, 1107 and 2001) by the Department of Health and Hospitals, Board of Embalmers and Funeral Directors, LR 15:10 (January 1989), LR 16:769 The Board of Embalmers and Funeral Directors proposes t (September 1990), amended LR 30:2823 (December 2004), LR o amend LAC 46:XXXVII.Chapters 7, 9 and 11 pursuant to t 34:2400 (November 2008), LR 41: he authority granted by R.S. 37:840 and in accordance with t §903. Requirements for a Funeral Director License he provisions of the Administrative Procedures Act, R.S. 40: A. Any person desiring to engage in the profession of fu 950 et seq. The board finds it necessary to revise, amend and neral directing in this state, except those holding a temporary /or add provisions of the rules, regulations, and procedures r license, shall serve as an intern within the state of Louisiana. elative to providing useful guidance and information for the 1. The employment of the intern at the funeral home purpose of improving regulatory compliance and to enhance may be verified by the board. Verification of employment m understanding of these changes. ay be made by presenting the quarterly returns submitted eit Title 46 her to the Internal Revenue Service or the Louisiana Depart PROFESSIONAL AN OCCUPATIONAL STANDARDS ment of Revenue and Taxation, or, alternatively, some other Part XXXVII. Embalmers and Funeral Directors official form used to verify employment which is acceptable Chapter 7. License to the board. §707. Licensure by Endorsement Requirements 2. The board registered supervisor shall certify or veri A. Any person desiring a temporary license in Louisiana fy the cases and the contact hours that the intern worked duri for an embalmer and funeral director or a funeral director lic ng the month. ense, shall before practicing, make application on forms furn 3. Any internship shall be considered stale/null and vo ished by the board. Said application shall be accompanied by id and unavailable for consideration after the passage of 10 y a permit fee as established by the board, which is not refund ears. able. If applicant meets all requirements, the secretary shall i AUTHORITY NOTE: Adopted in accordance with R.S. ssue a temporary license. The board cannot, at its discretion, 37:840. extend the temporary license period. HISTORICAL NOTE: Adopted by the Department of Health B.1. - C. Repealed. and Human Resources, Board of Embalmers and Funeral Directors, August 1966, amended March 1974, promulgated LR 5:278 D.1. The temporary license entitles the licensee to practic (September 1979), amended by the Department of Health and e embalming and/or funeral directing in this state. However, Hospitals, Board of Embalmers and Funeral Directors, LR 15:10 it shall become null and void if the original license is revoke (January 1989), LR 19:744 (June 1993), LR 30:2823 (December d, suspended, or lapsed. 2004), LR 34:2400 (November 2008), LR 41: 2. - 3. Repealed. §907. Affidavits Required AUTHORITY NOTE: Adopted in accordance with R.S. A. When tenure of internship is completed, an affidavit b 37:840 and R.S. 37:842. HISTORICAL NOTE: Adopted by the Department of Health y both the intern and the person under whose supervision he and Human Resources, Board of Embalmers and Funeral Directors, or she served, shall be filed not later than 15 days with the b August 1966, amended LR 11:688 (July 1985), amended by the oard. Said affidavit shall list the number of bodies embalmed Department of Health and Hospitals, Board of Embalmers and and/or funerals assisted in and the number of contact hours s Funeral Directors, LR 30:2821 (December 2004), LR 41: erved. Chapter 9. Internship AUTHORITY NOTE: Adopted in accordance with R.S. §901. Requirements for an Embalmer and Funeral Dir 37:840. HISTORICAL NOTE: Adopted by the Department of Health ector License and Human Resources, Board of Embalmers and Funeral Directors, A. Any person desiring to engage in the practice of emba August 1966, amended March 1974, promulgated LR 5:278 lming and funeral directing in this state, except those holdin (September 1979), repromulgated by the Department of Health and g a temporary license, shall serve as an intern within the stat Hospitals, Board of Embalmers and Funeral Directors, LR 30:2824 e of Louisiana. (December 2004), LR 41:

95 Louisiana Register Vol. 40, No. 12 December 20, 2014 §909. Notification to Licensed Person Chapter 20. Fees A. The secretary of the board, upon notification by the ap §2001. Fees plicant, will inform the licensed person responsible for the s A. - A.11. … upervision and the training of the intern of the rules and regu 12. A fee of $100 from each person applying for a temp lations concerning the internship and that he or she will be re orary license within this state; sponsible to the board for the application and enforcement of 13. … these rules and regulations. AUTHORITY NOTE: Adopted in accordance with R.S. 37:84 B. Repealed. 0 and 37:845. C. Each intern is required to file a complete case report f HISTORICAL NOTE: Promulgated by the Department of Heal or each individual case handled during the internship which th and Hospitals, Board of Embalmers and Funeral Directors, LR 3 0:2828 (December 2004), amended LR 41: must be signed by the individual licensee who was superviso Family Impact Statement r of that case and must also file a monthly report providing t The proposed additions and/or changes to the rules of the he board with a summary of the cases worked during that per board, Professional and Occupational Standards for Embalm iod and the number of contact hours served which shall be si ers and Funeral Directors should not have any known or fore gned by the licensee designated as the supervisor of the inter seeable impact on any family as defined by R.S. 49:972(D) o n. The report is due on the tenth day of the month and delinq r on family formation, stability and autonomy. Specifically, t uent on the fifteenth day. Delinquent reports may result in th here should be no known or foreseeable effect on: e loss of credit for that month. 1. the stability of the family; 1. It shall be a requirement and responsibility of the in 2. the authority and rights of parents regarding the edu tern to make these reports monthly and to have them in the o cation and supervision of their children; ffice of the secretary on the date specified. Failure to perfor 3. the functioning of the family; m as specified in this rule will mean automatic loss of that m 4. a family’s earnings and budget; onthly credit. Failure of the licensed supervisor to perform a 5. the behavior and personal responsibility of children; s agreed or to in any way falsify the records of the internship or will cause a fine to be levied in accordance with the provisio 6. the family’s ability or that of the local government t ns of R.S. 37:850 for said violation. o perform the function as contained in the proposed Rule. AUTHORITY NOTE: Adopted in accordance with R.S. 37:840. Poverty Impact Statement HISTORICAL NOTE: Adopted by the Department of Health This proposed Rule should not have any known or foresee and Human Resources, Board of Embalmers and Funeral Directors, able impact on any child, individual or family as defined by August 1966, promulgated LR 5:278 (September 1979), amended R.S. 49:973(B). In particular, there should be no known or fo LR 11:946 (October 1985), amended by the Department of Health reseeable effect on: and Hospitals, Board of Embalmers and Funeral Directors, LR 1. the effect on household income, assets, and financia 15:11 (January 1989), LR 30:2824 (December 2004), LR 41: l security; Chapter 11. Funeral Establishments 2. the effect on early childhood development and pres §1107. Inspection chool through postsecondary education development; A. - B. … 3. the effect on employment and workforce developm 1. area for displaying funeral merchandise which may ent; consist of but not be limited to full size caskets, cuts, photog 4. the effect on taxes and tax credits; raphs or electronic images; 5. the effect on child and dependent care, housing, hea a. a minimum of three adult caskets of a variety of s lth care, nutrition, transportation, and utilities assistance. tyles and quality must be kept on premises, one of which mu Small Business Statement st consist of the minimal adult casket on the establishment’s The impact of the proposed Rule on small businesses has casket price list; been considered and it is estimated that the proposed action i 2. … s not expected to have a significant adverse impact on small a. floors, tile, cement, linoleum, or like composition businesses as defined in the Regulatory Flexibility Act. finished with a glaze surface or epoxy flooring. Provider Impact Statement AUTHORITY NOTE: Adopted in accordance with R.S. 37:84 The proposed Rule does not impact or affect a provider. "P 0. rovider" means an organization that provides services for ind HISTORICAL NOTE: Adopted by the Department of Health a ividuals with developmental disabilities as defined in HCR 1 nd Human Resources, Board of Embalmers and Funeral Directors, 70 of the 2014 Regular Session of the Legislature. In particul August 1966, amended November 1972, February 1973, amended LR 4:295 (August 1973), LR 4:356 (September 1978), LR 5:278 (S ar, the proposed Rule has no effect or impact on a provider i eptember 1979), amended by the Department of Health and Hospita n regard to: ls, Board of Embalmers and Funeral Directors, LR 20:191 (Februar 1. the staffing level requirements or qualifications req y 1994), LR 20:1380 (December 1994), LR 30:2825 (December 20 uired to provide the same level of service; 04), LR 41: 2. the cost to the provider to provide the same level of service; 3. the ability of the provider to provide the same level of service.

Louisiana Register Vol. 40, No. 12 December 20, 2014 96 Public Comments NOTICE OF INTENT Interested persons may submit written comments to Kim Department of Health and Hospitals W. Michel, Executive Director, Louisiana State Board of Em Board of Pharmacy balmers and Funeral Directors, 3500 North Causeway Blvd., Suite 1232, Metairie, LA 70002. Written comments must be Dispenser Reporting to Prescription Monitoring Program submitted to and received by the board within 30 days of this (LAC 46:LIII.2901 and 2911) notice. A request pursuant to R.S. 49:953 (A)(2) for oral pres entation, argument, or public hearing must be made in writin g and received by the board within 20 days of the date of this In accordance with the provisions of the Administrative Pr notice. ocedure Act (R.S. 49:950 et seq.) and the Pharmacy Practice Act (R.S. 37:1161 et seq.), the Louisiana Board of Pharmacy Kim W. Michel hereby gives notice of its intent to amend Chapter 29, Prescri Executive Director ption Monitoring Program, of its rules by updating the defini tion of drugs of concern in §2901 to remove tramadol drug p FISCAL AND ECONOMIC IMPACT STATEMENT roducts, and further, by revising the deadline by which phar FOR ADMINISTRATIVE RULES macies and other dispensers of prescriptions for controlled s RULE TITLE: License, Internship and Inspection ubstances are required to report those transactions to the PM P database, as indicated in §2911. I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO Title 46 STATE OR LOCAL GOVERNMENT UNITS (Summary) PROFESSIONAL AND OCCUPATIONAL STANDARD There is no estimated implementation cost or savings due S to the proposed rule changes except for the publication of the Part LIII. Pharmacists proposed rules estimated at $450. In FY 15. The proposed rule Chapter 29. Prescription Monitoring Program changes codify legislative action per Act 264 of the 2014 Subchapter A. General Operations Regular Session of the Louisiana Legislature, specifically with §2901. Definitions regard to licensure and internships of embalmers/funeral A. As used in this Chapter, the following terms shall hav directors. The proposed rule changes additionally modify requirements regarding casket displays in funeral homes, e the meaning ascribed to them unless the context clearly ind allowing alternative to the previous minimum of six full sized icates otherwise. caskets on display. * * * II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE Drugs of Concern—drugs other than controlled substan OR LOCAL GOVERNMENTAL UNITS (Summary) ces as defined by Rule which demonstrate a potential for abu To the degree that the expanded internship options under se, including any material, compound, mixture, or preparatio Act 264 of 2014 may result in additional applicants to the n containing any quantity of the following substances, includ relevant embalmer/funeral director positions, the board may realize a modest, but indeterminable increase in revenues ing its salts, esters, ethers, isomers, and salts of isomers (whe through licensure application. never the existence of such salts, esters, ethers, isomers, and III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO salts of isomers is possible within the specific chemical desi DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL gnation): GROUPS (Summary) a. butalbital when in combination with at least 125 The expansion of internship opportunities as detailed in Act milligrams of acetaminophen per dosage unit. 264 of 2014 may facilitate additional individuals seeking to b. Repealed. enter into the profession of embalmer/funeral director. The * * * proposed rule changes may enable funeral homes to limit costs AUTHORITY NOTE: Promulgated in accordance with R.S. 40 associated with the previous requirements to display a 1011. minimum of six full-sized caskets, with new rule requiring only HISTORICAL NOTE: Promulgated by the Department of Heal three caskets. th and Hospitals, Board of Pharmacy, LR 33:1345 (July 2007), ame IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT nded LR 36:755 (April 2010), effective September 1, 2010, LR 39: (Summary) 314 (February 2013), LR 41: The proposed rule changes are not expected to have a significant effect on competition and/or employment, but the Subchapter B. Data Collection expansion of internship opportunities as detailed in Act 264 §2911. Reporting of Prescription Monitoring Informati may ease entry into the profession of embalmer/funeral on director. A. Each dispenser shall submit to the board information r egarding each prescription dispensed for a controlled substan Kim W. Michel Evan Brasseaux ce. Executive Director Staff Director B. Each dispenser shall submit the required information 1412#071 Legislative Fiscal Office by electronic means no later than the next business day after the date of dispensing.

97 Louisiana Register Vol. 40, No. 12 December 20, 2014 C. If the dispenser is unable to submit prescription infor flexibility analysis on the Rule proposed for adoption, rep mation by electronic means, he may apply to the board for a eal, or amendment. This will certify the agency has consider waiver. The board may grant a waiver to that requirement; if ed, without limitation, each of the following methods of redu so, the waiver shall state the format and frequency with whic cing the impact of the proposed Rule on small businesses. h the dispenser shall submit the required information. The w 1. The establishment of less stringent compliance or re aiver shall expire one year after the date of issue, unless term porting requirements for small businesses. The removal of tr inated sooner by the board. amadol drug products from the definition of ‘drugs of concer AUTHORITY NOTE: Promulgated in accordance with R.S. 40 n’ is required by the scheduling of that drug by the federal go 1011. vernment in Schedule IV of the federal list of controlled subs HISTORICAL NOTE: Promulgated by the Department of Heal tances. All pharmacies, regardless of size, are required to co th and Hospitals, Board of Pharmacy, LR 33:1346 (July 2007), ame mply with those federal requirements. The deadline to report nded LR 39:314 (February 2013), LR 41: prescription transactions to the PMP database is the same for Family Impact Statement all pharmacies, regardless of size. In accordance with section 953 of title 49 of the Louisiana 2. The establishment of less stringent schedules or dea Revised Statutes, there is hereby submitted a family impact s dlines for compliance or reporting requirements for small bu tatement on the Rule proposed for adoption, repeal, or amen sinesses. There are no exemptions to the reporting deadlines dment. The following statements will be published in the Lo for small businesses. uisiana Register with the proposed agency Rule. 3. The consolidation or simplification of compliance o 1. The effect on the stability of the family. We anticipa r reporting requirements for small businesses. There are no e te no effect on the stability of the family. xemptions to the reporting requirements for small businesses. 2. The effect on the authority and rights of parents reg 4. The establishment of performance standards for sm arding the education and supervision of their children. We an all businesses to replace design or operational standards requ ticipate no effect on the authority and rights of parents regar ired in the proposed Rule. There are no design standards in t ding the education and supervision of their children. he proposed Rule. 3. The effect on the functioning of the family. We anti 5. The exemption of small businesses from all or any cipate no effect on the functioning of the family. part of the requirements contained in the proposed Rule. 4. The effect on family earnings and family budget. W Provider Impact Statement e anticipate no effect on family earnings and the family budg In accordance with House Concurrent Resolution No. 170 et. of the Regular Session of the 2014 Legislature, there is hereb 5. The effect on the behavior and personal responsibili y submitted a provider impact statement on the Rule propose ty of children. We anticipate no effect on the behavior and pe d for adoption, repeal, or amendment. This will certify the ag rsonal responsibility of children. ency has considered, without limitation, the following effect 6. The ability of the family or a local government to p s on the providers of services to individuals with developme erform the function as contained in the proposed Rule. We a ntal disabilities. nticipate no effect on the ability of the family or a local gove 1. The effect on the staffing level requirements or qual rnment to perform the activity as contained in the proposed ifications required to provide the same level of service. We a Rule. nticipate no effect on the staffing level requirements or the q Poverty Impact Statement ualifications for that staff to provide the same level of servic In accordance with section 973 of title 49 of the Louisiana e. Revised Statutes, there is hereby submitted a poverty impact 2. The total direct and indirect effect on the cost to the statement on the Rule proposed for adoption, repeal, or amen provider to provide the same level of service. We anticipate dment. minimal costs to the provider to implement the requirements 1. The effect on household income, assets, and financi of the proposed Rule. al security. We anticipate no impact on household income, as 3. The overall effect on the ability of the provider to p sets, and financial security. rovide the same level of service. We anticipate no effect on t 2. The effect on early childhood development and pres he ability of the provider to provide the same level of service. chool through postsecondary education development. We ant Public Comments icipate no impact early childhood development or preschool There are no exemptions for small businesses. Interested p through postsecondary education development. ersons may submit written comments to Malcolm J. Broussa 3. The effect on employment and workforce developm rd, Executive Director, Louisiana Board of Pharmacy, 3388 ent. We anticipate no positive impact on employment and wo Brentwood Drive, Baton Rouge, LA 70809-1700. He is resp rkforce development. onsible for responding to inquiries regarding this proposed R 4. The effect on taxes and tax credits. We anticipate no ule. impact on taxes or tax credits. Public Hearing 5. The effect on child and dependent care, housing, he A public hearing on this proposed Rule is scheduled for W alth care, nutrition, transportation, and utilities assistance. W ednesday, January 28, 2015 at 9 a.m. in the board office. At t e anticipate no effect on child and dependent care, housing, h hat time, all interested persons will be afforded an opportunit ealth care, nutrition, transportation, and utilities assistance. y to submit data, views, or arguments, either orally or in writ Small Business Statement ing. The deadline for the receipt of all comments is 12 noon t In accordance with section 965 of title 49 of the Louisiana hat same day. Revised Statutes, there is hereby submitted a regulatory

Louisiana Register Vol. 40, No. 12 December 20, 2014 98 Malcolm J. Broussard n schedule II, as indicated in §2745 and §2747, from 6 mont Executive Director hs to 90 days. Title 46 FISCAL AND ECONOMIC IMPACT STATEMENT PROFESSIONAL AND OCCUPATIONAL STANDARD FOR ADMINISTRATIVE RULES S RULE TITLE: Dispenser Reporting to Part LIII. Pharmacists Prescription Monitoring Program Chapter 27. Controlled Dangerous Substances Subchapter F. Production, Distribution and Utilization I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO §2745. Prescriptions STATE OR LOCAL GOVERNMENT UNITS (Summary) A. - E.4. … The proposed Rule will result in a cost of approximately F. Controlled Substances Listed in Schedule II $2,000 for printing costs of the proposed and final Rules in FY 1. - 1.h. … 15. The proposed Rule changes the deadline by which dispensers of prescriptions for controlled substances must 2. Expiration Date of Prescriptions. A prescription for report those transactions to the Prescription Monitoring a controlled substance listed in schedule II shall expire 90 da Program (PMP) database as per Act 472 of the 2014 Regular ys after the date of issue. No pharmacist shall dispense any c Session of the Louisiana Legislature. The proposed Rule also ontrolled substance pursuant to an expired prescription. removes tramadol from the definition of a ‘drug of concern’ as F.3. - G.3. … made necessary by a scheduling action taken by the U.S. Drug AUTHORITY NOTE: Promulgated in accordance with R.S. 40 Enforcement Administration in August of 2014. 972. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE HISTORICAL NOTE: Promulgated by the Department of Heal OR LOCAL GOVERNMENTAL UNITS (Summary) th and Hospitals, Board of Pharmacy, LR 34:2149 (October 2008), There will be no impact on revenue collections of state or amended LR 41: local governmental units from the proposed Rule. §2747. Dispensing Requirements III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO A. … DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL B. Prescriptions for Controlled Substances Listed in Sch GROUPS (Summary) The proposed Rule directly affects pharmacies and other edule II dispensers of prescriptions for controlled substances. The 1. - 2.c. … proposed Rule will change the deadline by which such 3. Expiration Date. A pharmacist shall not dispense a dispensers are required to report their controlled substance prescription for a controlled substance listed in schedule II m prescription transactions to the PMP database, in conformance ore than 90 days after the date of issue of the prescription. with Act 472 of the Louisiana Legislature – from no later than B.4. - F. … seven days after dispensing to no later than the next business AUTHORITY NOTE: Promulgated in accordance with R.S. 40 day. Most dispensers use an automated reporting process to 972. report their transactions to the database, and will now do so on HISTORICAL NOTE: Promulgated by the Department of Heal a daily basis. The proposed Rule could create an indeterminable th and Hospitals, Board of Pharmacy, LR 34:2152 (October 2008), cost for any dispenser that does not use an automated reporting amended LR 41: system or a minimal one-time cost to adjust the reporting Family Impact Statement schedules within the automated systems. Dispensers will make In accordance with section 953 of title 49 of the Louisiana a one-time change to the tramadol record in their master drug Revised Statutes, there is hereby submitted a family impact s file to indicate its status in Schedule IV. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT tatement on the Rule proposed for adoption, repeal, or amen (Summary) dment. The following statements will be published in the Lo The proposed Rule will not have any effect on competition uisiana Register with the proposed agency Rule. or employment. 1. The effect on the stability of the family. We anticipa te no effect on the stability of the family. Malcolm J. Broussard Evan Brasseaux 2. The effect on the authority and rights of parents reg Executive Director Staff Director arding the education and supervision of their children. We an 1412#036 Legislative Fiscal Office ticipate no effect on the authority and rights of parents regar NOTICE OF INTENT ding the education and supervision of their children. 3. The effect on the functioning of the family. We anti Department of Health and Hospitals cipate no effect on the functioning of the family. Board of Pharmacy 4. The effect on family earnings and family budget. W e anticipate no effect on family earnings and the family budg Expiration Date of Schedule II Prescriptions et. (LAC 46:LIII.2745 and 2747) 5. The effect on the behavior and personal responsibili ty of children. We anticipate no effect on the behavior and pe In accordance with the provisions of the Administrative Pr rsonal responsibility of children. ocedure Act (R.S. 49:950 et seq.) and the Pharmacy Practice 6. The ability of the family or a local government to p Act (R.S. 37:1161 et seq.), the Louisiana Board of Pharmacy erform the function as contained in the proposed Rule. We a hereby gives notice of its intent to amend Chapter 27, Contro nticipate no effect on the ability of the family or a local gove lled Dangerous Substances, of its rules, in compliance with rnment to perform the activity as contained in the proposed Act 865 of the 2014 Legislature, by changing the expiration Rule. date of prescriptions written for controlled substances listed i

99 Louisiana Register Vol. 40, No. 12 December 20, 2014 Poverty Impact Statement minimal costs to the provider to implement the requirements In accordance with section 973 of title 49 of the Louisiana of the proposed Rule. Revised Statutes, there is hereby submitted a poverty impact 3. The overall effect on the ability of the provider to p statement on the Rule proposed for adoption, repeal, or amen rovide the same level of service. We anticipate no effect on t dment. he ability of the provider to provide the same level of service. 1. The effect on household income, assets, and financi al security. We anticipate no impact on household income, as Public Comments sets, and financial security. Interested persons may submit written comments to Malco 2. The effect on early childhood development and pres lm J. Broussard, Executive Director, Louisiana Board of Pha chool through postsecondary education development. We ant rmacy, 3388 Brentwood Drive, Baton Rouge, LA 70809-170 icipate no impact early childhood development or preschool 0. He is responsible for responding to inquiries regarding thi through postsecondary education development. s proposed Rule. 3. The effect on employment and workforce developm Public Comments ent. We anticipate no positive impact on employment and wo A public hearing on this proposed Rule is scheduled for W rkforce development. ednesday, January 28, 2015 at 9 a.m. in the board office. At t 4. The effect on taxes and tax credits. We anticipate no hat time, all interested persons will be afforded an opportunit impact on taxes or tax credits. y to submit data, views, or arguments, either orally or in writ 5. The effect on child and dependent care, housing, he ing. The deadline for the receipt of all comments is 12 noon t alth care, nutrition, transportation, and utilities assistance. W hat same day. e anticipate no effect on child and dependent care, housing, h ealth care, nutrition, transportation, and utilities assistance. Malcolm J. Broussard Small Business Statement Executive Director In accordance with section 965 of title 49 of the Louisiana Revised Statutes, there is hereby submitted a regulatory flexi FISCAL AND ECONOMIC IMPACT STATEMENT bility analysis on the Rule proposed for adoption, repeal, or FOR ADMINISTRATIVE RULES amendment. This will certify the agency has considered, wit RULE TITLE: Expiration Date of hout limitation, each of the following methods of reducing th Schedule II Prescriptions e impact of the proposed Rule on small businesses. 1. The establishment of less stringent compliance or re I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO porting requirements for small businesses. The expiration dat STATE OR LOCAL GOVERNMENT UNITS (Summary) e of prescriptions is applicable to all pharmacies regardless o The proposed Rule will result in a cost of approximately f size. $2,000 for printing costs of the proposed and final Rules in FY 15. The proposed Rule changes the expiration date of 2. The establishment of less stringent schedules or dea prescriptions written for controlled substances listed in dlines for compliance or reporting requirements for small bu Schedule II, from six months to ninety days, as per Act 865 of sinesses. There are no exemptions to the reporting deadlines the 2014 Regular Session of the Louisiana Legislature. for small businesses. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE 3. The consolidation or simplification of compliance o OR LOCAL GOVERNMENTAL UNITS (Summary) r reporting requirements for small businesses. There are no e There will be no impact on revenue collections of state or xemptions to the reporting requirements for small businesses. local governmental units from the proposed Rule. 4. The establishment of performance standards for sm III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO all businesses to replace design or operational standards requ DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) ired in the proposed Rule. There are no design standards in t The proposed Rule directly affects prescribers of controlled he proposed Rule. substances listed in Schedule II, the pharmacies that dispense 5. The exemption of small businesses from all or any those prescriptions, and the patients that receive those part of the requirements contained in the proposed Rule. The medications. The proposed Rule will change the expiration date re are no exemptions for small businesses. of prescriptions for controlled substances listed in Schedule II, Provider Impact Statement from six months to ninety days. Since such prescriptions cannot In accordance with House Concurrent Resolution No. 170 be called into a pharmacy, the prescriptions must be (1) written of the Regular Session of the 2014 Legislature, there is hereb and then manually signed by the prescriber and given to a y submitted a provider impact statement on the Rule propose patient, or in the alternative, (2) electronically generated, signed, and transmitted to a pharmacy in accordance with d for adoption, repeal, or amendment. This will certify the ag federal security standards. Regardless of their method of ency has considered, without limitation, the following effect communication, they cannot be refilled. Pharmacies will not be s on the providers of services to individuals with developme able to dispense such prescriptions more than 90 days after ntal disabilities. their date of issuance by the prescriber. Prescribers may incur 1. The effect on the staffing level requirements or qual minimal costs for generating a new prescription. In the event ifications required to provide the same level of service. We a the prescriber elects to issue a written prescription, the patient nticipate no effect on the staffing level requirements or the q may or may not incur a charge for an office visit to the ualifications for that staff to provide the same level of servic prescriber, but there may also be transportation or other costs. e. 2. The total direct and indirect effect on the cost to the provider to provide the same level of service. We anticipate

Louisiana Register Vol. 40, No. 12 December 20, 2014 100 In the alternative, the prescriber may elect to issue the Active Admitting Privileges—the physician is a member in prescription electronically directly to the pharmacy. good standing of the medical staff of a hospital that is curren IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT tly licensed by the department, with the ability to admit a pat (Summary) ient and to provide diagnostic and surgical services to such p The proposed Rule will not have any effect on competition or employment. atient. 1. The hospital shall be located not further than 30 mil Malcolm J. Broussard Evan Brasseaux es from the location at which the abortion is performed or in Executive Director Staff Director duced, and shall provide obstetrical or gynecological health 1412#035 Legislative Fiscal Office care services. 2. Violations of active admitting privileges provisions NOTICE OF INTENT shall be fined not more than $4,000 per violation. Department of Health and Hospitals Administrator—the person responsible for the day-to-day Bureau of Health Services Financing management, supervision, and operation of the outpatient ab ortion facility. Abortion Facilities Change of Ownership (CHOW)—transfer of ownership to Licensing Standards someone other than the owner listed on the initial licensing a (LAC 48:I.Chapter 44) pplication or license renewal application. Coerced Abortion—the use of force, intimidation, threat o The Department of Health and Hospitals, Bureau of Healt f force, threat of deprivation of food and shelter, or the depri h Services Financing proposes to repeal and replace LAC 48: vation of food and shelter by a parent or any other person in I.Chapter 44 in the Medical Assistance Program as authorize order to compel a female child to undergo an abortion agains d by R.S. 36:254 and R.S. 40:2175.1 et seq. This proposed R t her will, whether or not the abortion procedure has been att ule is promulgated in accordance with the provisions of the empted or completed. Administrative Procedure Act, R.S. 49:950 et seq. CRNA—a certified registered nurse anesthetist licensed by The Department of Health and Hospitals, Bureau of Healt the Louisiana State Board of Nursing who is under the super h Services Financing amended the provisions governing the l vision of the physician performing the abortion or an anesthe icensing of abortion facilities in order to clarify the licensing siologist who is immediately available if needed as defined i requirements and staffing provisions (Louisiana Register, Vo n the medical staff bylaws and in accordance with applicable lume 39, Number 8). licensing boards. A CRNA is an advanced practice registered Since 2010, the Louisiana Legislature has enacted several nurse educated in the field of nurse anesthesia and certified a Acts which amended the laws governing abortion services a ccording to the requirements of a nationally recognized certi nd the Louisiana Children’s Code. In December of 2013, the fying body such as the Council on Certification of Nurse An Department of Health and Hospitals, Bureau of Health Servi esthetists or the Council on Recertification of Nurse Anesthe ces Financing promulgated a Notice of Intent which propose tists, as approved by the board and who is authorized to sele d to repeal and replace the licensing standards governing out ct and administer anesthetics or ancillary services to patients patient abortion facilities to revise and clarify these provisio under their care. ns in order to comply with enacted legislation (Louisiana Re Department―the Department of Health and Hospitals (D gister, Volume 39, Number 12). As a result of the comments HH). received, the department abandoned the Notice of Intent pub Facility Need Review (FNR)—pursuant to R.S. 40:2116, a lished in the December 20, 2013 edition of the Louisiana Re process that requires licensure applicants to prove the need f gister. or the services prior to applying for licensure. After further consideration, the department now proposes t First Trimester―the time period up to 14 weeks after the f o repeal and replace the provisions governing the licensing st irst day of the last menstrual period. andards for abortion facilities in order to incorporate the cha General Anesthesia―any drug, element, or other material nges imposed by legislation, and to further revise and clarify which, when administered, results in a controlled state of un these provisions. consciousness accompanied by a partial or complete loss of Title 48 protective reflexes, including a loss of ability to independent PUBLIC HEALTH—GENERAL ly maintain an airway and respond purposefully to physical s Part I. General Administration timuli or verbal command. Subpart 3. Licensing and Certification Gestational Age―the age of the unborn child as measured Chapter 44. Abortion Facilities by the time elapsed since the first day of the last menstrual p Subchapter A. General Provisions eriod as determined by a physician and confirmed through th §4401. Definitions e use of an ultrasound. Abortion—any surgical procedure performed, after pregna Health Standards Section (HSS) —the Department of Heal ncy has been medically verified, with the intent to cause the th and Hospitals, Health Standards Section. termination of the pregnancy, other than for the purpose of: Medical Director―a physician who is responsible for all 1. producing a live birth; of the medical care provided to patients in the outpatient abo 2. removing an ectopic pregnancy; or rtion facility, and for the ethical and professional practices of 3. removing a dead fetus caused by a spontaneous abo the medical staff. rtion. OSFM—the Department of Public Safety and Corrections, Office of State Fire Marshal, Public Safety Services.

101 Louisiana Register Vol. 40, No. 12 December 20, 2014 OPH—the Department of Health and Hospitals, Office of abortion or abortion procedures before the outpatient abortio Public Health. n facility will be issued an initial license to operate. Outpatient Abortion Facility―any outpatient facility or cli D. An outpatient abortion facility license shall: nic, other than a hospital or an ambulatory surgical center as 1. be issued only to the person or entity named in the i defined by applicable state law, in which any second trimest nitial licensing application; er or five or more first trimester abortions per calendar year 2. be valid only for the outpatient abortion facility to are performed. which it is issued and only for the physical address named in Patient―the woman receiving services from an outpatient the initial licensing application; abortion facility. 3. be valid for one year from the date of issuance, unle Peer Review—the evaluation of work by one or more pers ss revoked or suspended, prior to that date, or unless a provis ons of similar competence to the producers of the work. ional initial license or provisional license is issued; Physician—a doctor who possesses a current license to pr 4. expire on the last day of the twelfth month after the actice medicine in Louisiana, is in good standing with the Lo date of issuance, unless timely renewed by the outpatient ab uisiana State Board of Medical Examiners, and whose licens ortion facility; e does not restrict the doctor from performing the services at 5. not be subject to sale, assignment, donation, or othe the outpatient abortion facility. r transfer, whether voluntary or involuntary; and Physician Assistant (PA)—an individual who is currently a 6. be posted in a conspicuous place on the licensed pre pproved by, licensed by, and in good standing with the Louis mises at all times. iana State Board of Medical Examiners to perform medical s E. An outpatient abortion facility licensed by the depart ervices under the supervision of a physician or group of phys ment may only perform first and second trimester abortions icians who are licensed by and registered with the Louisiana pursuant to R.S. 40:2175.3. State Board of Medical Examiners to supervise a physician F. A separately licensed outpatient abortion facility shall assistant and who is acting within the scope of all applicable not use a name which is substantially the same as the name o state laws and the individual’s professional license. f another such facility licensed by the department. An outpati Products of Conception—placenta, amniotic sac or membr ent abortion facility shall not use a name which is likely to m ane, embryo, or fetal elements that result from a human preg islead the patient or their family into believing it is owned, e nancy. ndorsed, or operated by the state of Louisiana. Second Trimester―the time period from 14 to 23 weeks af G. No branches, satellite locations, or offsite campuses s ter the first day of the last menstrual period. hall be authorized for an outpatient abortion facility. Secretary―the secretary of the Louisiana Department of H. Plan Review Process. Submission of plan review to th Health and Hospitals. e Office of the State Fire Marshall is required for initial licen Telecommunications―any means of transmitting message sure, major renovation, and change of location. s at a distance, including but not limited to: 1. Applicants are required to refer to the OSFM for la 1. telephones; ws, rules, and editions of adopted codes and standards applic 2. cell phones; able to plan review by the OSFM. 3. pagers; or 2. One complete set of plans and specifications (constr 4. other similar devices which foster communication. uction documents), with application and review fee, shall be AUTHORITY NOTE: Promulgated in accordance with R.S. 40 submitted to the OSFM for review. 2175.1 et seq. 3. Plan review submittal to the OSFM shall be in acco HISTORICAL NOTE: Promulgated by the Department of Heal rdance with applicable state laws, rules, regulations, and the th and Hospitals, Bureau of Health Services Financing, LR 41: following. §4403. General Licensing Provisions a. Modifications to Physical Environment which in A. It shall be unlawful for outpatient abortion facilities in volve Major Renovations. Any proposed change to the physi the initial licensing application process to accept patients or cal environment which involves major renovations shall requ provide abortion services until licensed by the Department o ire plan review for compliance with requirements applicable f Health and Hospitals (DHH). The department is the only li at the time of the proposed change. censing authority for outpatient abortion facilities in Louisia i. Painting, re-tiling floors, installation of carpet, na. and repairing of roof damage or reroofing are not considered B. Types of Licenses. The department shall have the auth to be major renovations. Normal maintenance of a building d ority to issue the following types of licenses: oes not require plan review by the OSFM. 1. full initial license; ii. Major renovations may require a physical envir 2. provisional initial license; onment survey pursuant to §4407.D.5 and §4445.A.3. 3. full renewal license; and b. The specific requirements outlined in the physica 4. provisional license. l environment section of this Chapter. C. An outpatient abortion facility shall be in compliance c. Where services or treatment for four or more pati with all applicable federal, state, and local statutes, laws, rul ents can be accommodated at more than one time, requireme es, regulations, and ordinances, including department rules, r nts applicable to Ambulatory Health Care occupancies, as de egulations, and fees, governing or relating to outpatient abort fined by the most recently state-adopted edition of National ion facilities, abortion or termination procedures, reporting r Fire Protection Association (NFPA) 101, shall apply. equirements, ultrasound requirements, informed consent req d. Where services or treatment for three or less patie uirements or any other matter addressed by law related to an nts can be accommodated at more than one time, requiremen

Louisiana Register Vol. 40, No. 12 December 20, 2014 102 ts applicable to construction of business occupancies, as defi 8. any other documentation or information required by ned by the most recently state-adopted edition of NFPA 101, the department for licensure, including but not limited to, a c shall apply. opy of any waiver approval letter, if applicable. 4. Upon approval, one copy of the documents reviewe E. If the initial licensing application packet is incomplete d by the OSFM and one copy of the OSFM plan review lette as submitted, the applicant shall be notified in writing of the r shall be submitted to the department. Electronic transfer of missing information and shall have 90 calendar days from re documents by the OSFM to the department is allowed to sati ceipt of the notification to submit the additional requested in sfy this requirement. formation. If the additional requested information is not time 5. Waivers. When a requirement of these rules regardi ly submitted to the department within 90 calendar days, the i ng plan review would impose a hardship, financial or otherw nitial licensing application shall be closed. If an initial licens ise, but would not adversely affect the health and safety of a ing application is closed, an applicant who is still interested i ny patient, the outpatient abortion facility may submit a waiv n operating an outpatient abortion facility must submit a new er request to the department, with supporting documentation. ly completed initial licensing application packet and a new n The issuance of a waiver by the department does not apply t on-refundable initial licensing fee to begin the initial licensin o the OSFM requirements for approval, which must be addre g application process again, subject to any facility need revie ssed exclusively by the outpatient abortion facility with the w approval. OSFM or the state health officer, as appropriate to the subjec F. Initial Licensing Surveys. Upon receipt of a complete t matter. initial licensing application packet, the department shall con a. Waivers are granted only at the discretion of the d duct an on-site initial licensing survey prior to issuing a full i epartment. nitial license. The initial licensing survey shall be announced. AUTHORITY NOTE: Promulgated in accordance with R.S. 40 2175.1 et seq. 1. If it is determined that the applicant is not in compli HISTORICAL NOTE: Promulgated by the Department of Heal ance with all applicable federal, state, and local statutes, law th and Hospitals, Bureau of Health Services Financing, LR 41: s, rules, regulations, and ordinances, including department ru §4405. Initial Licensing Application Process les, regulations, and fees, governing or relating to outpatient A. The initial licensing application process requires sub abortion facilities, abortion or termination procedures, report mission and approval of plans and specifications (constructio ing requirements, ultrasound requirements, informed consent n documents) and requires submission and approval of an ini requirements or any other matter addressed by law related to tial licensing application packet, including but not limited to, abortion or abortion procedures, and a potential threat to the a facility need review approval letter. No outpatient abortion health, safety, and welfare of the patients is presented, the de facility shall accept patients or provide abortion services unti partment shall deny the initial licensing application. l in compliance with the provisions of this Chapter. 2. If it is determined that the applicant is in complianc B. Plan Review Approval. All plans and specifications (c e with all applicable federal, state, and local statutes, laws, r onstruction documents) submitted by, or on behalf of, the out ules, regulations, and ordinances, including department rules, patient abortion facility are required to be submitted and app regulations, and fees, governing or relating to outpatient abo roved by the Office of State Fire Marshal (OSFM) as part of rtion facilities, abortion or termination procedures, reporting the licensing application process. requirements, ultrasound requirements, informed consent req C. Initial Licensing Application Packet. An initial licensi uirements or any other matter addressed by law related to ab ng application packet for an outpatient abortion facility shall ortion or abortion procedures, the department shall issue a fu be obtained from the department. A complete initial licensin ll initial license to the applicant. g application packet shall be submitted to the department for 3. If it is determined that the applicant is not in compli approval and onsite survey. The applicant may not provide o ance with all applicable federal, state, and local statutes, law utpatient abortion services until properly licensed by the dep s, rules, regulations, and ordinances, including department ru artment. les, regulations, and fees, governing or relating to outpatient D. To be considered complete, the initial licensing applic abortion facilities, abortion or termination procedures, report ation packet shall include the following: ing requirements, ultrasound requirements, informed consent 1. a completed outpatient abortion facility initial licen requirements or any other matter addressed by law related to sing application and the non-refundable initial licensing fee; abortion or abortion procedures, but the department, in its so 2. a copy of the approval letter of the architectural faci le discretion, determines that the noncompliance does not pr lity plans for the outpatient abortion facility by the OSFM; esent a threat to the health, safety, and welfare of the patients, 3. a copy of the on-site inspection report with approva the department may issue a provisional initial license. l for occupancy from the OSFM; G. Full Initial License. The full initial license issued by t 4. a copy of the health inspection report from the Offi he department shall be valid until the expiration date shown ce of Public Health (OPH); on the license unless the license is revoked or suspended pri 5. an organizational chart identifying the name, positi or to that date. on, and title of each person composing the governing body a H. Provisional Initial License. The provisional initial lice nd key administrative personnel; nse issued by the department shall be valid for a period not t 6. a floor sketch or drawing of the premises to be licen o exceed six months. sed; 1. When a provisional initial license is issued by the d 7. pursuant to R.S. 40:2116, a copy of the facility need epartment, the applicant shall submit a plan of correction to t review approval letter; and he department for approval and also shall be required to corr

103 Louisiana Register Vol. 40, No. 12 December 20, 2014 ect all deficiencies prior to the expiration of the provisional i w (DAL), or its successor, within 15 days of receipt of the st nitial license. atement of deficiencies cited during the follow-up survey. 2. Upon receipt of the applicant’s plan of correction, t b. The request for an administrative appeal must ide he department shall conduct an unannounced follow-up surv ntify each disputed deficiency or deficiencies and the reason ey, either on-site or by administrative desk review, to ensure for the dispute and include any documentation that demonstr the applicant is in compliance with all applicable federal, sta ates that the determination was made in error. te, and local statutes, laws, rules, regulations, and ordinances c. Correction of a deficiency or deficiencies cited in including department rules, regulations, and fees, governing a follow-up survey shall not be the basis for an administrativ or relating to outpatient abortion facilities, abortion or termin e appeal. ation procedures, reporting requirements, ultrasound require d. Upon expiration of the provisional initial license, ments, informed consent requirements or any other matter ad the outpatient abortion facility shall immediately cease and d dressed by law related to abortion or abortion procedures. esist providing abortion services unless the DAL, or its succ a. Following the follow-up survey, if it is determine essor, issues a stay of the expiration. d that the applicant has corrected all deficiencies and has ma e. Stay of the Expiration. The request for a stay of t intained compliance during the period of the provisional lice he expiration must be submitted with the request for an admi nse, the department shall issue a full initial license for the re nistrative appeal and received by the DAL, or its successor, mainder of the year. within 15 days of receipt of the statement of deficiencies. b. Following the follow-up survey, if it is determine i. Following a contradictory hearing and only up d that the applicant has failed to correct all deficiencies, the on a showing that there is no potential harm to the patients b provisional initial license shall expire unless otherwise deter eing served by the outpatient abortion facility, the stay may b mined by the department. The applicant shall be required to e granted by the DAL, or its successor. submit a newly completed initial licensing application packe f. If a timely request for an administrative appeal is t and a new non-refundable initial licensing fee to begin the i received, the DAL, or its successor, shall conduct the admini nitial licensing application process again subject to any facili strative appeal in accordance with the Administrative Proced ty need review approval. ure Act. I. Informal Reconsideration and Administrative Appeal. i. If the final decision of the DAL, or its successo The outpatient abortion facility does not have the right to req r, is to remove all deficiencies, the outpatient abortion facilit uest an informal reconsideration and/or an administrative ap y’s license shall be granted/re-instated upon the payment of a peal of the issuance or the expiration of a provisional initial l ny licensing fees, outstanding sanctions, or other fees due to icense. An outpatient abortion facility that has been issued a the department. provisional initial license is considered licensed and operatio ii. If the final decision of the DAL, or its successo nal for the term of the provisional initial license. The issuanc r, is to uphold any of the deficiencies thereby affirming the e e of a provisional initial license is not considered to be a den xpiration of the provisional initial license, the outpatient abo ial of an initial licensing application, denial of a license rene rtion facility shall: wal application, or license revocation for the purposes of this (a). immediately cease and desist providing abort Chapter. ion services as an outpatient abortion facility; 1. Informal Reconsideration. An outpatient abortion fa (b). return the outpatient abortion facility license cility that has been issued a provisional initial license has the to the department; and right to request an informal reconsideration regarding the val (c). notify the department in writing of the secure idity of the deficiencies cited during the follow-up survey. and confidential location where the patient medical records a. The request for an informal reconsideration must will be stored, including the name, physical address, and con be in writing and received by HSS within five calendar days tact person, within 10 days of the rendering of the administra of receipt of the statement of deficiencies. If a timely request tive appeal judgment. for an informal reconsideration is received, HSS shall sched AUTHORITY NOTE: Promulgated in accordance with R.S. 40 ule the informal reconsideration and notify the outpatient ab 2175.1 et seq. ortion facility in writing. HISTORICAL NOTE: Promulgated by the Department of Heal b. The request for an informal reconsideration must th and Hospitals, Bureau of Health Services Financing, LR 41: identify each disputed deficiency or deficiencies and the reas §4407. Survey Activities on for the dispute and include any documentation that demo A. Any applicant or outpatient abortion facility shall be s nstrates that the determination was made in error. ubject to licensing surveys conducted by department surveyo c. Correction of a deficiency or deficiencies cited in rs to ensure that an applicant or outpatient abortion facility is a follow-up survey shall not be the basis for an informal reco in compliance with all applicable federal, state, and local stat nsideration. utes, laws, rules, regulations, and ordinances, including depa d. The outpatient abortion facility shall be notified i rtment rules, regulations, and fees, governing or relating to o n writing of the results of the informal reconsideration. utpatient abortion facilities, abortion or termination procedur 2. Administrative Appeal. An outpatient abortion facil es, reporting requirements, ultrasound requirements, informe ity that has been issued a provisional initial license has the ri d consent requirements or any other matter addressed by law ght to request an administrative appeal regarding the validity related to abortion or abortion procedures, and also to ensure of the deficiencies cited during the follow-up survey. there is no present threat to the health, safety, and welfare of a. The request for an administrative appeal must be the patient. in writing and received by the Division of Administrative La B. Any applicant or outpatient abortion facility subject to licensing surveys conducted by the department shall:

Louisiana Register Vol. 40, No. 12 December 20, 2014 104 1. allow department surveyors access to any and all re i. major renovations of a currently licensed outpa quested documents and information on the licensed premises, tient abortion facility; or including, but not limited to, patient medical records and ou ii. relocation of a currently licensed outpatient ab tpatient abortion facility records that are relevant or necessar ortion facility. y for the survey; b. A physical environment survey may be conducte 2. allow department surveyors access to interview any d alone or conducted in conjunction with another survey. staff or other persons as necessary or required; and E. Statement of Deficiencies. Following any survey, the 3. not interfere with or impede the survey process for department surveyors shall complete the statement of deficie department surveyors while conducting any survey. ncies documenting relevant findings including the deficiency, C. The department is entitled to access all books, records the applicable governing rule, and the evidence supporting or other documents maintained by or on behalf of the outpat why the rule was not met including, but not limited to, obser ient abortion facility on the licensed premises to the extent n vations, interviews, and record review of information obtain ecessary to ensure compliance with this Chapter. Ensuring c ed during the survey. The outpatient abortion facility shall re ompliance includes permitting photocopying by the departm ceive a copy of the statement of deficiencies. ent or providing photocopies to the department of any record 1. Display. The following statements of deficiencies is s or other information by or on behalf of the outpatient aborti sued by the department to the outpatient abortion facility mu on facility as necessary to determine or verify compliance wi st be posted in a conspicuous place on the licensed premises: th this Chapter. a. the most recent annual licensing survey statement D. Types of Surveys. The department shall have the auth of deficiencies; and ority to conduct the following types of surveys. b. any follow-up and/or complaint survey statement 1. Initial Licensing Surveys. The department shall con of deficiencies issued after the most recent annual licensing s duct an on-site initial licensing survey to ensure the applican urvey. t is in compliance with all applicable federal, state, and local 2. Public Disclosure. Any statement of deficiencies iss statutes, laws, rules, regulations, and ordinances, including d ued by the department to an outpatient abortion facility shall epartment rules, regulations, and fees, governing or relating t be available for disclosure to the public within 30 calendar d o outpatient abortion facilities, abortion or termination proce ays after the outpatient abortion facility submits an acceptabl dures, reporting requirements, ultrasound requirements, infor e plan of correction to the deficiencies or within 90 days of r med consent requirements or any other matter addressed by l eceipt of the statement of deficiencies, whichever occurs firs aw related to abortion or abortion procedures prior to issuing t. a full initial license. All initial licensing surveys shall be ann F. Plan of Correction. The department may require a pla ounced. n of correction from an outpatient abortion facility following 2. Annual Licensing Surveys. The department shall co any survey wherein deficiencies have been cited. The fact th nduct an annual licensing survey. All annual licensing survey at a plan of correction is accepted by the department does no s shall be unannounced. t preclude the department from pursuing other actions agains 3. Complaint Surveys. The department shall conduct c t the outpatient abortion facility as a result of the cited defici omplaint surveys when a complaint is lodged against an outp encies. atient abortion facility in accordance with R.S. 40:2009.13 et G. Informal Reconsideration. The applicant and/or outpat seq. All complaint surveys shall be unannounced. ient abortion facility shall have the right to request an inform 4. Follow-up Surveys. The department may conduct a al reconsideration of any deficiencies cited during any initial follow-up survey to ensure the outpatient abortion facility ha licensing survey, annual licensing survey, and follow-up surv s corrected all deficiencies cited in the previous survey and i ey. s in compliance with all applicable federal, state, and local st 1. The request for an informal reconsideration must be atutes, laws, rules, regulations, and ordinances, including de in writing and received by HSS within 10 calendar days of re partment rules, regulations, and fees, governing or relating to ceipt of the statement of deficiencies. If a timely request for outpatient abortion facilities, abortion or termination proced an informal reconsideration is received, HSS shall schedule t ures, reporting requirements, ultrasound requirements, infor he informal reconsideration and notify the outpatient abortio med consent requirements or any other matter addressed by l n facility in writing. aw related to abortion or abortion procedures. All follow-up 2. The request for an informal reconsideration must id surveys shall be unannounced. entify each disputed deficiency or deficiencies and the reaso 5. Physical Environment Survey n for the dispute and include any documentation that demons a. An announced on-site survey to ensure the outpa trates that the determination was made in error. tient abortion facility is compliant with the applicable physic 3. Correction of the deficiency or deficiencies cited in al environment regulations due to the following: any survey shall not be the basis for an informal reconsiderat ion. 4. The outpatient abortion facility may appear in perso n at the informal reconsideration and may be represented by counsel.

105 Louisiana Register Vol. 40, No. 12 December 20, 2014 5. The outpatient abortion facility shall receive written to the CHOW, an initial licensing application packet, and the notice of the results of the informal reconsideration. non-refundable initial licensing fee. Once all required docum 6. The results of the informal reconsideration shall be entation and information is submitted and complete, HSS wil the final administrative decision regarding the deficiencies a l review. If the CHOW is approved, the department shall issu nd no right to an administrative appeal shall be available. e a new license in the name of the new owner. H. Complaint Survey Informal Reconsideration. Pursuan 1. If the department has issued a notice of license revo t to R.S. 40:2009.13 et seq., an outpatient abortion facility sh cation, denial of renewal, provisional license, or a notice of i all have the right to request an informal reconsideration of th mmediate suspension at the time the CHOW is submitted, th e validity of the deficiencies cited during any complaint surv e department shall deny the CHOW. ey, and the complainant shall be afforded the opportunity to r 2. If there are any outstanding fees, fines, or monies o equest an informal reconsideration of the findings. wed to the department by the existing licensed entity, the CH 1. The department shall conduct the informal reconsid OW will be suspended until payment of all outstanding amo eration by administrative desk review. unts. 2. The outpatient abortion facility and/or the complain E. Change of Physical Address. An outpatient abortion fa ant shall receive written notice of the results of the informal cility that intends to change the physical address is required t reconsideration. o obtain plan review approval from the OSFM in accordance 3. Except for the right to an administrative appeal pro with the provisions of this Chapter. vided in R.S. 40:2009.16(A), the results of the informal reco 1. Because the license of an outpatient abortion facilit nsideration shall be the final administrative decision and no r y is not transferrable or assignable, any proposed change in t ight to an administrative appeal shall be available. he physical address requires the outpatient abortion facility t I. Sanctions. The department may impose sanctions as a o submit a newly completed initial licensing application pac result of deficiencies cited following any survey. A sanction ket and a new non-refundable initial licensing fee. In additio may include, but is not limited to: n, the outpatient abortion facility must submit a written notic 1. civil fine(s); e of intent to relocate to the HSS at the time the plan review 2. revocation of license; request is submitted to the OSFM for approval. 3. denial of license renewal application; 2. The department shall conduct an announced on-site 4. immediate suspension of license; and survey at the proposed new location prior to relocation of the 5. any and all sanctions allowed under federal or state facility. law or regulation. 3. Any change regarding the outpatient abortion facilit AUTHORITY NOTE: Promulgated in accordance with R.S. 40 y’s physical address shall result in a new anniversary date fo 2175.1 et seq. r the license issued. HISTORICAL NOTE: Promulgated by the Department of Heal F. Duplicate License. Any request for a duplicate license th and Hospitals, Bureau of Health Services Financing, LR 41: shall be accompanied by a $25 fee. §4409. Changes in Outpatient Abortion Facility Inform AUTHORITY NOTE: Promulgated in accordance with R.S. 40 ation or Key Administrative Personnel 2175.1 et seq. A. An outpatient abortion facility license shall be valid f HISTORICAL NOTE: Promulgated by the Department of Heal or the person or entity named as the outpatient abortion facili th and Hospitals, Bureau of Health Services Financing, LR 41: ty and for the physical address provided by the applicant on t §4411. License Renewal Application Process he initial licensing application or by the outpatient abortion f A. License Renewal Application Packet. A license renew acility in the licensing renewal application submitted to the d al application packet for an outpatient abortion facility shall epartment. be obtained from the department. A complete license renewa B. Change of Information. Any change regarding the out l application packet shall be submitted to the department at l patient abortion facility’s entity name, “doing business as” n east 30 calendar days prior to the expiration of the current lic ame, mailing address, telephone number, or any combination ense. thereof, shall be reported in writing to the department within B. To be considered complete, the license renewal applic five calendar days of the change. Any change regarding the e ation packet shall include the following: ntity name or “doing business as” name requires a change to 1. a completed outpatient abortion facility license rene the outpatient abortion facility license and shall require a $2 wal application and the non-refundable license renewal fee; 5 fee for the issuance of an amended license. 2. a copy of the most current on-site inspection report C. Change of Key Administrative Personnel. Any change with approval for occupancy from the OSFM; regarding the outpatient abortion facility’s key administrativ 3. a copy of the most current health inspection report e personnel shall be reported in writing to the department wit with recommendation for licensing from the OPH; hin five calendar days of the change. For the purposes of this 4. payment of any outstanding fees, fines, or monies o Chapter, key administrative personnel includes the administr wed to the department; and ator and medical director, and the outpatient abortion facility 5. any other documentation required by the departmen shall provide the individual’s name, hire date, and qualificati t for licensure. ons as defined in this Chapter. C. If the license renewal application packet is incomplete D. Change of Ownership. A change of ownership (CHO as submitted, the outpatient abortion facility shall be notified W) of an outpatient abortion facility shall be reported in writ in writing of the missing information, and shall have 10 cale ing to the department at least five calendar days prior to the ndar days from receipt of the notification to submit the additi change. Within five calendar days following the change, the onal requested information. If the additional requested infor new owner shall submit to HSS all legal documents relating mation is not received within 10 calendar days or prior to the

Louisiana Register Vol. 40, No. 12 December 20, 2014 106 expiration of the current license, it will result in the voluntar red to correct all deficiencies prior to the expiration of the pr y non-renewal of the outpatient abortion facility license. ovisional license. D. Licensing RenewalAnnual Licensing Survey. Upon 3. Upon receipt of the outpatient abortion facility’s pla receipt of a complete license renewal application packet, the n of correction, the department shall conduct an unannounce department may conduct an on-site annual licensing survey. d follow-up survey, either on-site or by desk review, to ensur This annual licensing survey shall be unannounced. e the outpatient abortion facility is in compliance with all ap 1. If it is determined that the outpatient abortion facilit plicable federal, state, and local statutes, laws, rules, regulati y is not in compliance with all applicable federal, state, and l ons, and ordinances, including department rules, regulations, ocal statutes, laws, rules, regulations, and ordinances, includi and fees, governing or relating to outpatient abortion facilitie ng department rules, regulations, and fees, governing or relat s, abortion or termination procedures, reporting requirements ing to outpatient abortion facilities, abortion or termination p ultrasound requirements, informed consent requirements or rocedures, reporting requirements, ultrasound requirements, any other matter addressed by law related to abortion or abor informed consent requirements or any other matter addresse tion procedures. d by law related to abortion or abortion procedures, and that a. Following the follow-up survey, if it is determine a potential threat to the health, safety, and welfare of the pati d that the outpatient abortion facility has corrected all deficie ents is presented, the department shall deny the license rene ncies and has maintained compliance during the period of th wal application. e provisional license, the department may issue a full license 2. If it is determined that the outpatient abortion facilit for the remainder of the year until the anniversary date of the y is in compliance with all applicable federal, state, and local issuance of the outpatient abortion facility license. statutes, laws, rules, regulations, and ordinances, including d b. Following the follow-up survey, if it determined t epartment rules, regulations, and fees, governing or relating t hat the outpatient abortion facility has failed to correct all de o outpatient abortion facilities, abortion or termination proce ficiencies or has not maintained compliance during the perio dures, reporting requirements, ultrasound requirements, infor d of the provisional license, or if new deficiencies are cited d med consent requirements or any other matter addressed by l uring the follow-up survey that present a threat to the health, aw related to abortion or abortion procedures, the departmen safety, and welfare of a patient, the provisional license shall t shall issue a full renewal license to the outpatient abortion f expire unless otherwise determined by the department. The o acility. utpatient abortion facility shall submit a newly completed ini 3. If it is determined that the outpatient abortion facilit tial licensing application packet and a new non-refundable in y is not in compliance with all applicable federal, state, and l itial licensing fee to begin the initial licensing application pr ocal statutes, laws, rules, regulations, and ordinances, includi ocess again, subject to any facility need review approval. ng department rules, regulations, and fees governing or relati I. Informal Reconsideration and Administrative Appeal. ng to outpatient abortion facilities, abortion or termination pr The outpatient abortion facility does not have the right to req ocedures, reporting requirements, ultrasound requirements, i uest an informal reconsideration and/or an administrative ap nformed consent requirements or any other matter addressed peal of the issuance or expiration of a provisional license. An by law related to abortion or abortion procedures, but the de outpatient abortion facility that has been issued a provisional partment, in its sole discretion, determines that the noncompl license is considered licensed and operational for the term of iance does not present a threat to the health, safety, and welf the provisional license. The issuance of a provisional license are of the patients, the department may issue a provisional li is not considered to be a denial of an initial licensing applica cense. tion, denial of a license renewal application, or license revoc E. The issuance of a full renewal license does not in any ation for the purposes of this Chapter. manner affect any previously existing sanction by the depart 1. Informal Reconsideration. An outpatient abortion fa ment against an outpatient abortion facility including, but no cility that has been issued a provisional license has the right t t limited to, civil fine(s) and/or plan of correction(s). o request an informal reconsideration regarding the validity F. If the department has issued a notice of license revoca of the deficiencies cited during the follow-up survey. tion or a notice of immediate suspension of license at the tim a. The request for an informal reconsideration must e the license renewal application packet is submitted, the dep be in writing and received by HSS within five calendar days artment shall deny the license renewal application. of receipt of the statement of deficiencies cited during the fol G. Full Renewal License. The full renewal license issued low-up survey. If a timely request for an informal reconsider by the department shall be valid until the expiration date sho ation is received, HSS shall schedule the informal reconsider wn on the license, unless the license is modified, revoked, or ation and notify the outpatient abortion facility in writing. suspended. b. The request for an informal reconsideration must H. Provisional License. The provisional license issued by identify each disputed deficiency or deficiencies and the reas the department shall be valid for a period not to exceed six on for the dispute and include any documentation that demo months. nstrates that the determination was made in error. 1. At the discretion of the department, the provisional c. Correction of a deficiency or deficiencies cited in license may be extended for an additional period not to exce a follow-up survey shall not be the basis for an informal reco ed 90 calendar days in order for the outpatient abortion facili nsideration. ty to correct the deficiencies cited following any survey. d. The outpatient abortion facility shall be notified i 2. When a provisional license is issued by the departm n writing of the results of the informal reconsideration. ent, the outpatient abortion facility shall submit a plan of cor 2. Administrative Appeal. An outpatient abortion facil rection to the department for approval and also shall be requi ity that has been issued a provisional license has the right to

107 Louisiana Register Vol. 40, No. 12 December 20, 2014 request an administrative appeal regarding the validity of the J. Voluntary Non-Renewal of License deficiencies cited during the follow-up survey. 1. If an outpatient abortion facility fails to timely rene a. The request for an administrative appeal must be w its license, the license shall expire on its face and is consid in writing and received by the DAL, or its successor, within ered to be a voluntary non-renewal of license. At such time, t 15 days of receipt of the statement of deficiencies cited durin he outpatient abortion facility shall immediately cease and d g the follow-up survey. esist providing abortions as an outpatient abortion facility. b. The request for an administrative appeal must ide 2. Notice of Voluntary Non-Renewal of License. The ntify each disputed deficiency or deficiencies and the reason outpatient abortion facility must provide advanced written n for the dispute and include any documentation that demonstr otice of its voluntary non-renewal of license at least 30 calen ates that the determination was made in error. dar days prior to the date of the expiration of the outpatient a c. Correction of a deficiency or deficiencies cited in bortion facility license. The notice of voluntary non-renewal a follow-up survey shall not be the basis for an administrativ of the license must be provided to all of the outpatient aborti e appeal. on facility’s staff, including the medical director, to any patie d. Upon expiration of the provisional license, the ou nt having an abortion procedure within the last 30 calendar d tpatient abortion facility shall immediately cease and desist p ays of operation, and to HSS. roviding abortion services unless the DAL, or its successor, i 3. In addition, the outpatient abortion facility shall not ssues a stay of the expiration. ify HSS in writing of the secure and confidential location wh e. Stay of the Expiration. The request for a stay of t ere the patient medical records will be stored, including the n he expiration must be submitted with the request for an admi ame, physical address, and contact person. nistrative appeal and received by the DAL, or its successor, 4. As this is a voluntary action on the part of the outpa within 15 days of receipt of the statement of deficiencies. tient abortion facility, no informal reconsideration or admini i. Following a contradictory hearing and only up strative appeal rights shall be available. on a showing that there is no potential harm to the patients b AUTHORITY NOTE: Promulgated in accordance with R.S. 40 eing served by the outpatient abortion facility, the stay may b 2175.1 et seq. e granted by the DAL, or its successor. HISTORICAL NOTE: Promulgated by the Department of Heal f. If a timely request for an administrative appeal is th and Hospitals, Bureau of Health Services Financing, LR 41: received, the DAL, or its successor, shall conduct the admini §4413. Cessation of Business strative appeal in accordance with the Administrative Proced A. Outpatient Abortion Facility Duties and Responsibiliti ure Act. es. An outpatient abortion facility that voluntarily closes or c i. If the final decision of the DAL, or its successo eases operations is considered to have surrendered its license r, is to remove all deficiencies, the outpatient abortion facilit to operate. y’s license will be granted/re-instated upon the payment of a B. Except as provided in §4453 of these licensing regulat ny licensing fees, outstanding sanctions, or other fees due to ions, a license shall be immediately null and void if an outpa the department. tient abortion facility ceases to operate. ii. If the final decision of the DAL, or its successo C. A cessation of business is deemed to be effective the d r, is to remove some but not all deficiencies, the department ate on which the facility stopped offering or providing servic shall have the discretion to determine the operational status o es to the community. f the outpatient abortion facility. D. Upon the cessation of business, the facility shall imm iii. If the final decision of the DAL, or its successo ediately return the original license to the department. r, is to uphold the deficiencies thereby affirming the expirati E. Cessation of business is deemed to be a voluntary acti on of the provisional license, the outpatient abortion facility on on the part of the facility. The outpatient abortion facility shall: does not have a right to appeal a cessation of business. (a). immediately cease and desist providing abort 1. Notice of Cessation of Business. To the extent possi ion services as an outpatient abortion facility; ble, the outpatient abortion facility shall provide advanced w (b). return the outpatient abortion facility license ritten notice of its cessation of business at least 30 calendar d to the department; and ays prior to the date it intends to cease business operations. T (c). notify the department in writing of the secure he notice of cessation of business must be provided to all the and confidential location where the patient medical records outpatient abortion facility’s staff, including the medical dire will be stored, including the name, physical address, and con ctor, to any patient having an abortion procedure within the l tact person, within 10 days of the rendering of the administra ast 30 days of operation, and to HSS. tive appeal judgment. 2. In addition to the notice, the outpatient abortion faci lity shall submit a written plan for the disposition of patient medical records for approval by the department. The plan sh all include the following: a. the effective date of the closure; b. provisions that comply with federal and state law s on storage, maintenance, access, and confidentiality of the closed provider’s patients’ medical records;

Louisiana Register Vol. 40, No. 12 December 20, 2014 108 c. the name of an appointed custodian(s) who shall 4. knowingly providing false, forged, or altered statem provide the following: ents or information on any documentation required to be sub i. access to the records and copies of the records t mitted to the department or required to be maintained by the o the patient or authorized representative, upon presentation outpatient abortion facility, including, but not limited to: of proper authorization(s); and a. the initial licensing application packet or the lice ii. physical and environmental security that protec nse renewal application packet; ts the records against fire, water, intrusion, unauthorized acc b. data forms; ess, loss, and destruction; and c. patient medical records or outpatient abortion fac d. public notice regarding access to records, in the n ility records; or ewspaper with the largest circulation in close proximity to th d. matters under investigation by the department, th e closing facility, at least 15 days prior to the effective date o e Office of the Attorney General, or law enforcement agenci f closure. es; F. If an outpatient abortion facility fails to follow the pro 5. knowingly making a false statement or providing fa cedures of this Section, any owner, officer, member, manage lse, forged, or altered information or documentation to DHH r, director, or administrator of the outpatient abortion facility employees or to law enforcement agencies; may be prohibited from owning, managing, directing, or ope 6. employing false, fraudulent, or misleading advertisi rating another outpatient abortion facility in the state of Loui ng practices; siana for two years. 7. an owner, officer, member, manager, administrator, G. Once an outpatient abortion facility has ceased doing director, managing employee, or person designated to manag business, the facility shall not provide services until it has ob e or supervise patient care has either pled guilty or nolo cont tained a new initial license. endere to a felony, or has been convicted of a felony, as docu AUTHORITY NOTE: Promulgated in accordance with R.S. 40 mented by a certified copy of the record of the adjudicating c 2175.1 et seq. ourt: HISTORICAL NOTE: Promulgated by the Department of Heal a. for purposes of these provisions, conviction of a f th and Hospitals, Bureau of Health Services Financing, LR 41: elony means a felony relating to any of the following: §4415. Denial of an Initial License, Denial of License Re i. the assault, abuse, or neglect of a patient; newal Application, and License Revocation ii. cruelty, exploitation, or the sexual battery of a j A. Denial of an Initial License uvenile or the infirmed; 1. The department shall deny an initial license in the e iii. a drug offense; vent that the initial licensing survey finds that the outpatient iv. crimes of a sexual nature; abortion facility is not in compliance with all applicable fede vi. possession, use of a firearm or deadly weapon; ral, state, and local statutes, laws, rules, regulations, and ordi or nances, including department rules, regulations, and fees, go vii. fraud or misappropriation of federal or state fu verning or relating to outpatient abortion facilities, abortion nds; or termination procedures, reporting requirements, ultrasoun 8. failure to comply with all reporting requirements in d requirements, informed consent requirements or any other a timely manner, as required by all applicable federal, state, matter addressed by law related to abortion or abortion proce and local statutes, laws, rules, regulations, and ordinances, in dures, and a potential threat to the health, safety, and welfare cluding department rules, regulations, and fees, governing or of the patients is presented. relating to outpatient abortion facilities, abortion or terminati 2. The department shall deny an initial license for any on procedures, reporting requirements, ultrasound requireme of the reasons a license may be revoked or non-renewed purs nts, informed consent requirements or any other matter addre uant to the provisions of this Chapter. ssed by law related to abortion or abortion procedures; B. Denial of License Renewal Application and License R 9. failure to allow the department surveyors access to evocation. The department may deny a license renewal appli any and all requested documents and information on the lice cation or revoke a license for any of the following reasons: nsed premises, including, but not limited to, patient medical 1. failure to be in substantial compliance with all appli records and outpatient abortion facility records, that are relev cable federal, state, and local statutes, laws, rules, regulation ant or necessary for the survey; s, and ordinances, including department rules, regulations, a 10. failure to allow the department surveyors access to i nd fees, governing or relating to outpatient abortion facilities nterview any staff or other persons as necessary or required; abortion or termination procedures, reporting requirements, 11. interfering or impeding with the survey process; ultrasound requirements, informed consent requirements or a 12. bribery, harassment, intimidation, or solicitation of ny other matter addressed by law related to abortion or abort any patient, by or on behalf of the outpatient abortion facility ion procedures; designed to cause that patient to use or retain the services of 2. failure to comply with the terms and provisions of a the outpatient abortion facility; or n education letter or settlement agreement; 13. failure to timely pay any licensing fees, outstanding 3. failure to protect a patient from any act by staff, em sanctions, or other fees due to the department. For the purpo ployee or other patient posing a threat to a patient’s health an ses of this Chapter, any payments returned for insufficient fu d safety while on the licensed premises receiving services pr nds are considered failure to timely pay. ovided by the outpatient abortion facility;

109 Louisiana Register Vol. 40, No. 12 December 20, 2014 C. Notice. The secretary shall provide 30 calendar days licensing application, notice of denial of license rene written notice of the denial of initial license, notice of denial wal application, or notice of license revocation. The provisio of license renewal application, and notice of license revocati ns of this Chapter shall otherwise govern this suspensive ad on. ministrative appeal. D. Administrative Reconsideration. The applicant and/or 2. If a timely request for a suspensive administrative a outpatient abortion facility has the right to request an admini ppeal is received, the Office of the Secretary shall forward th strative reconsideration of a decision by the department to de e applicant and/or outpatient abortion facility’s request and a ny an initial license, to deny a license renewal application, or ny accompanying documentation, to the DAL, or its success to issue a revocation action of a license to operate an outpati or, to be docketed, and send a copy of such request to the ap ent abortion facility. The applicant and/or outpatient abortion plicant or outpatient abortion facility either by U.S. mail, fac facility will receive written notice of the final results and dec simile, or email. ision. However, there is no right to request an informal recon 3. The request for a suspensive administrative appeal s sideration of a voluntary non-renewal of license as provided hall state the basis and specific reasons for the appeal, and in in this Chapter. clude any documentation that demonstrates that the determin 1. The request for an administrative reconsideration m ation was made in error. ust be in writing and received by HSS within 15 calendar da 4. If a timely request for a suspensive administrative a ys of receipt of the notice of the denial of initial license, noti ppeal is received by the Office of the Secretary, the denial of ce of denial of license renewal application, or notice of licen license renewal application or license revocation shall be sus se revocation. pensive, and the outpatient abortion facility shall be allowed 2. The request for an administrative reconsideration sh to continue to operate and provide abortions services until su all include any documentation that demonstrates that the det ch time as the DAL, or its successor, issues a final administr ermination was made in error. ative decision. 3. If a timely request for an administrative reconsidera 5. Correction of a deficiency or deficiencies that is the tion is received, HSS shall schedule the informal reconsidera basis for the denial of the initial license, denial of the license tion and notify the applicant and/or outpatient abortion facili renewal application, or license revocation shall not be a basi ty in writing. s for a suspensive administrative appeal. 4. The applicant and/or outpatient abortion facility sha 6. If the final decision of the DAL, or its successor, is ll have the right to appear in person at the administrative rec to reverse the denial of an initial license, the applicant’s licen onsideration and may be represented by counsel. se will be granted upon the payment of any licensing fees, o 5. Correction of a deficiency or deficiencies that are th utstanding sanctions, or other fees due to the department. If t e basis for the denial of initial license, denial of license rene he final decision of the DAL, or its successor, is to reverse th wal application, or license revocation shall not be a basis for e denial of a license renewal application or license revocatio an administrative reconsideration. n, the license will be reinstated upon the payment of any lice 6. The administrative reconsideration process is not in nsing fees, outstanding sanctions, or other fees due to the de lieu of the administrative appeals process. partment. 7. The applicant and/or outpatient abortion facility sha 7. If the final decision of the DAL, or its successor, is ll receive written notice of the results of the informal reconsi to affirm the denial of a license renewal application or licens deration. e revocation, the outpatient abortion facility shall: E. Administrative Appeals. The applicant and/or outpatie a. immediately cease and desist providing abortion nt abortion facility has the right to request a suspensive admi services as an outpatient abortion facility; nistrative appeal of the secretary’s decision to deny an initial b. provide written notice to all of the outpatient abor license, deny a license renewal application, or to revoke a lic tion facility’s staff, including the medical director, and to any ense to operate an outpatient abortion facility. There is no rig patient having an abortion procedure within the last 30 calen ht to request a suspensive administrative appeal of a voluntar dar days of operation; y non-renewal of license as provided in this Chapter. c. return the outpatient abortion facility license to th 1. The request for a suspensive administrative appeal e department; and must be in writing and received by the Office of the Secretar d. notify the department in writing of the secure and y within 30 calendar days of receipt of the notice of the resul confidential location where the patient medical records will ts of the administrative reconsideration. A copy of the reques be stored, including the name, physical address, and contact t for a suspensive administrative appeal shall be submitted to person, within 10 days of the rendering of the administrative the DAL, or its successor, for docketing and handling the ap appeal judgment. peal. F. Prohibition Following Loss of License. If a license is a. Administrative Appeal Only. The applicant and/o revoked or renewal of license is denied, other than for cessat r outpatient abortion facility may forego its right to an admin ion of business or non-operational status, or if the license is s istrative reconsideration and proceed directly to a suspensive urrendered in lieu of an adverse action, any owner, officer, m administrative appeal. In such a case, the request for a suspe ember, manager, director, or administrator of the outpatient a nsive administrative appeal must be in writing and received bortion facility may be prohibited from owning, managing, d by the Office of the Secretary within 30 calendar days of rec irecting, or operating another outpatient abortion facility in t eipt of the notice of denial of initial he state of Louisiana for two years.

Louisiana Register Vol. 40, No. 12 December 20, 2014 110 AUTHORITY NOTE: Promulgated in accordance with R.S. 40 4. The governing body shall, at minimum, meet annua 2175.1 et seq. lly and maintain minutes of such meetings documenting the HISTORICAL NOTE: Promulgated by the Department of Heal discharge of its duties and responsibilities. th and Hospitals, Bureau of Health Services Financing, LR 41: C. The governing body shall be responsible for: §4417. Immediate Suspension of License 1. ensuring the outpatient abortion facility’s continued A. Pursuant to applicable state law, the secretary may iss compliance with all applicable federal, state, and local statut ue an immediate suspension of a license if any investigation es, laws, rules, regulations, and ordinances, including depart or survey determines that the applicant or outpatient abortion ment rules, regulations, and fees, governing or relating to out facility is in violation of any provision of applicable state la patient abortion facilities, abortion or termination procedures ws, in violation of the rules promulgated by the department, reporting requirements, ultrasound requirements, informed c or in violation of any other federal or state law or regulation, onsent requirements, prohibited activity requirements, e.g. pr and the secretary determines that the violation or violations p esenting or otherwise delivering any instruction or program ose an imminent or immediate threat to the health, welfare, o on any health topic, including but not limited to human sexu r safety of a client or patient. ality or family planning, to students at a public elementary or B. Notice of Immediate Suspension of License. The secr secondary school, or at a charter school that receives state fu etary shall provide written notice of the immediate suspensio nding or knowingly providing any materials or media regard n of license. ing human sexuality or family planning for distribution or vi C. Effective Date. The suspension of the license is effecti ewing at a public elementary or secondary school, or at a cha ve immediately upon the receipt of the written notice of imm rter school that receives state funding, or any other matter ad ediate suspension of license. dressed by law related to abortion or abortion procedures; D. Administrative Appeal. The outpatient abortion facilit 2. designating a person to act as the administrator and y shall have the right to request a devolutive administrative a delegating sufficient authority to this person to manage the d ppeal of the immediate suspension of license. ay-to-day operations of the facility; 1. The request for a devolutive administrative appeal 3. designating a person to act as the medical director a must be in writing and submitted to the DHH Office of the S nd delegating authority to this person to allow him/her to dir ecretary within 30 calendar days of receipt of the notice of i ect the medical staff, nursing personnel, and medical service mmediate suspension of license. s provided to each patient; 2. The request for a devolutive administrative appeal s 4. evaluating the administrator and medical director’s hall specify in detail the reasons why the appeal is lodged. performance annually, and maintaining documentation of su E. Injunctive Relief. The outpatient abortion facility shal ch in their respective personnel files; l have the right to file for injunctive relief from the immediat 5. ensuring that upon hire and prior to providing care t e suspension of license. o patients and, at a minimum, annually, each employee is pro 1. Venue. Any action for injunctive relief shall be filed vided with orientation, training, and evaluation for competen with the district court for the Parish of East Baton Rouge. cy according to their respective job descriptions; 2. Burden of Proof. Before injunctive relief may be gr 6. developing, implementing, enforcing, monitoring, a anted, the outpatient abortion facility shall prove by clear an nd annually reviewing in collaboration with the administrato d convincing evidence that the secretary’s decision to issue t r, medical director, and registered nurse, written policies and he immediate suspension of license was arbitrary and caprici procedures governing the following: ous. a. the scope of medical services offered; AUTHORITY NOTE: Promulgated in accordance with R.S. 40 b. personnel practices, including, but not limited to: 2175.1 et seq. HISTORICAL NOTE: Promulgated by the Department of Heal i. developing job descriptions for licensed and no th and Hospitals, Bureau of Health Services Financing, LR 41: n-licensed personnel consistent with the applicable scope of Subchapter B. Administration and Organization practice as defined by federal and state law; §4421. Governing Body ii. developing a program for orientation, training, A. The outpatient abortion facility shall be in compliance and evaluation for competency; and with all applicable federal, state, and local statutes, laws, rul iii. developing a program for health screening; es, regulations, and ordinances. c. the management of medical emergencies and the B. The outpatient abortion facility shall have a governing immediate transfer to a hospital of patients and born alive inf body that assumes full responsibility for the total operation o ants regardless of gestational age requiring emergency medic f the outpatient abortion facility. al care beyond the capabilities of the outpatient abortion faci 1. The governing body shall consist of at least one ind lity and such policies and procedures shall identify emergenc ividual who will assume full responsibility. y medical equipment and medications that will be used to pr 2. The outpatient abortion facility shall maintain docu ovide for basic life support until emergency medical services mentation on the licensed premises identifying the following arrive and assume care; and information for each member of the governing body: d. disaster plans for both internal and external occur a. name; rences; b. contact information; 7. approving all bylaws, rules, policies, and procedure c. address; and s formulated in accordance with all applicable state laws, rul d. terms of membership. es, and regulations; 3. The governing body shall develop and adopt bylaw 8. ensuring all bylaws, rules, policies, and procedures s which address its duties and responsibilities. formulated in accordance with all applicable state laws, rules,

111 Louisiana Register Vol. 40, No. 12 December 20, 2014 and regulations are maintained on the licensed premises and B. Administrator. The outpatient abortion facility shall h readily accessible to all staff; ave an administrator designated by the governing body who i 9. maintaining organization and administration of the s responsible for the day-to-day management, supervision, a outpatient abortion facility; nd operation of the outpatient abortion facility. The administ 10. acting upon recommendations from the medical dir rator shall be a full-time employee, available and on-site, dur ector relative to appointments of persons to the medical staff; ing the designated business hours. 1. Qualifications. The administrator shall be at least 1 11. ensuring that the outpatient abortion facility is equi 8 years of age and possess a high school diploma or equivale pped and staffed to meet the needs of its patients; nt. 12. ensuring services that are provided through a contra 2. The outpatient abortion facility shall designate a per ct with an outside source are provided in a safe and effective son to act in the administrator’s absence, and shall ensure thi manner; s person meets the qualifications of the administrator pursua 13. ensuring that the outpatient abortion facility develo nt to this Chapter. The outpatient abortion facility shall maint ps, implements, monitors, enforces, and reviews at a minimu ain documentation on the licensed premises identifying this m, quarterly, a quality assurance and performance improvem person and evidence of their qualifications. ent (QAPI) program; 3. Duties and Responsibilities. The administrator shall 14. developing, implementing, monitoring, enforcing, a be responsible for: nd reviewing annually written policies and procedures relati a. employing licensed and non-licensed qualified pe ng to communication with the administrator, medical directo rsonnel to provide the medical and clinical care services to r, and medical staff to address problems, including, but not li meet the needs of the patients being served; mited to, patient care, cost containment, and improved practi b. ensuring that upon hire and prior to providing car ces; e to patients, each employee is provided with orientation, trai 15. ensuring that disaster plans for both internal and ext ning, and evaluation for competency as provided in this Cha ernal occurrences are developed, implemented, monitored, e pter; nforced, and annually reviewed and that annual emergency p c. ensuring that written policies and procedures for t reparedness drills are held in accordance with the disaster pl he management of medical emergencies and the immediate t an. The outpatient abortion facility shall maintain documenta ransfer to a hospital of patients and born alive infants regardl tion on the licensed premises indicating the date, type of drill ess of gestational age requiring emergency medical care bey participants, and materials; ond the capabilities of the outpatient abortion facility are dev 16. ensuring that the outpatient abortion facility procur eloped, implemented, monitored, enforced, and annually revi es emergency medical equipment and medications that will b ewed, and readily accessible to all staff; e used to provide for basic life support until emergency medi d. ensuring that emergency medical equipment and cal services arrive and assume care; medications that will be used to provide for basic life suppor 17. ensuring that the outpatient abortion facility orders t until emergency medical services arrive and assume care ar and maintains a supply of emergency drugs for stabilizing an e maintained in proper working order and are available for u d/or treating medical and surgical complications for intra-op se on a day-to-day basis on the licensed premises; erative and post-operative care on the licensed premises, sub e. ensuring that a licensed physician, who has admit ject to the approval by the medical director; and ting privileges at a hospital located not further than 30 miles 18. ensuring that the outpatient abortion facility develo from the location at which the abortion is performed or indu ps, implements, enforces, monitors, and annually reviews wr ced and provides obstetrical or gynecological health care ser itten policies and procedures to ensure that products of conce vices, to facilitate emergency care is on the licensed premise ption are disposed of in compliance with the Occupational S s when a patient is scheduled to undergo an abortion procedu afety and Health Administration (OSHA), the Environmental re; Protection Agency (EPA), and with any other applicable fede Note: The Department acknowledges that federal litigation is ral, state, and local statutes, laws, ordinances, and departmen pending on the issue of admitting privileges. As such, t rules and regulations. licensing provisions regarding admitting privileges will only be enforced pursuant to Order, Judgment, Stipulation, or AUTHORITY NOTE: Promulgated in accordance with R.S. 40 Agreement in the matter entitled June Medical Services LLC, 2175.1 et seq. et al versus Caldwell, et al, Case No. 3:14-cv-525, United HISTORICAL NOTE: Promulgated by the Department of Heal States District Court, Middle District, and any matter th and Hospitals, Bureau of Health Services Financing, LR 41: consolidated with such matter. §4423. Staffing Requirements, Qualifications, and Resp f. ensuring that disaster plans for both internal and onsibilities external occurrences are developed, implemented, monitored A. General Provisions. An outpatient abortion facility sh enforced, and annually reviewed and that annual emergency all have enough qualified personnel as indicated under this C preparedness drills are held in accordance with the disaster p hapter who are available to provide direct patient care as nee lan. The outpatient abortion facility shall maintain document ded to all patients and to provide administrative and nonclini ation on the licensed premises indicating the date, type of dri cal services needed to maintain the operation of the outpatie ll, participants, and materials; nt abortion facility in accordance with the provisions of this g. ensuring that a licensed medical professional trai Chapter. ned in CPR and trained in the use of emergency medical

Louisiana Register Vol. 40, No. 12 December 20, 2014 112 equipment is on the licensed premises at all times whe h the abortion is performed or induced and that provides obst n abortion procedures are being performed; etrical or gynecological health care services; and h. ensuring that patient medical records are complet Note: The Department acknowledges that federal litigation is ely and accurately documented in accordance with the provis pending on the issue of admitting privileges. As such, ions of this Chapter within 30 days from the abortion proced licensing provisions regarding admitting privileges will only be enforced pursuant to Order, Judgment, Stipulation, or ure; and Agreement in the matter entitled June Medical Services LLC, i. maintaining current credentialing and/or personn et al versus Caldwell, et al, Case No. 3:14-cv-525, United el files on each employee that shall include documentation o States District Court, Middle District, and any matter f the following: consolidated with such matter. i. a completed employment application; b. provide the pregnant woman with all of the follo ii. job description; wing before the abortion is performed or induced: iii. a copy of current health screening reports cond i. a telephone number by which the pregnant wo ucted in accordance with the outpatient abortion facility poli man may reach the physician or licensed nurse or PA employ cies and procedures and in compliance with all applicable fe ed by the facility by which the abortion was performed or in deral, state, and local statutes, laws, rules, regulations, and or duced, who has 24 hours per day access to the woman’s med dinances, including department rules, and regulations; ical records so that the woman may request assistance relate iv. documentation that each employee has successf d to any complications that arises from the performance or in ully completed orientation, training, and evaluation for comp duction of the abortion, or to ask health-related questions reg etency related to each job skill as delineated in their respecti arding the abortion; and ve job description; ii. the name and telephone number of the hospital v. documentation that all licensed nurses have suc nearest to the home of the pregnant woman at which an emer cessfully completed a Basic Life Support course; and gency arising from the abortion would be treated. vi. other pertinent information as required by the o 3. Medical Director. The outpatient abortion facility s utpatient abortion facility’s policies and procedures, includin hall have a medical director designated and approved by and g but not limited to, prohibited activity, e.g. presenting or oth accountable to the governing body who is responsible for all erwise delivering any instruction or program on any health t medical care provided to patients in the facility, and for the e opic, including but not limited to human sexuality or family thical and professional practices of the medical staff. planning, to students at a public elementary or secondary sch a. When an outpatient abortion facility has only one ool, or at a charter school that receives state funding or know medical staff member, that individual shall serve as medical ingly providing any materials or media regarding human sex director. uality or family planning for distribution or viewing at a pub b. The outpatient abortion facility shall designate a lic elementary or secondary school, or at a charter school tha physician, as defined in this Chapter, to act in the medical di t receives state funding requirements in accordance with app rector’s absence. The outpatient abortion facility shall maint licable state laws, rules and regulations. ain documentation on the licensed premises identifying this 4. All credentialing and/or personnel files shall be curr physician and evidence of his/her qualifications. ent and maintained on the licensed premises at all times. c. Duties and Responsibilities. The medical director C. Medical Staff. The outpatient abortion facility shall pr shall be responsible for: ovide medical and clinical services. The outpatient abortion f i. developing, implementing, enforcing, monitori acility shall employ qualified medical staff to meet the needs ng, and annually reviewing written policies and procedures g of the patients. No person shall perform or induce an abortio overning the medical and clinical services at the outpatient a n unless that person is a physician who meets the following bortion facility, including, but not limited to: qualifications and requirements. (a). pre-operative procedures, intraoperative proc 1. Qualifications. Each member of the facility’s medic edures, post-operative care and procedures, discharge, and fo al staff shall be a physician, as defined in this Chapter, who llow-up care; meets the following requirements: (b). laboratory services; a. is currently licensed to practice medicine in the st (c). infection control; ate of Louisiana; (d). pharmaceutical services, including, but not li b. is in good standing currently with the Louisiana S mited to, identifying the drugs dispensed and/or administere tate Board of Medical Examiners; d to patients on the licensed premises; c. is currently enrolled in, or has completed, a resid (e). anesthesia services; ency rotation in obstetrics and gynecology or family medicin (f). emergency medical treatment, including, but e; and not limited to: d. is not restricted from performing such services an (i). identifying emergency medical d whose license is not restricted from performing such servic equipment and medications that will be used to provide for es at an abortion facility. basic life support until emergency medical services arrive 2. Physician Requirements. On the date the abortion is and assume care; performed or induced, the physician performing or inducing (ii). identifying and ensuring that a supply the abortion shall: of emergency drugs for stabilizing and/or treating medical a. have active admitting privileges at a hospital that and surgical complications are maintained on the licensed is located not further than 30 miles from the location at whic premises;

113 Louisiana Register Vol. 40, No. 12 December 20, 2014 (iii). identifying and ensuring that each vi. ensuring that a member of the medical staff re patient, before an abortion is performed or induced, is given mains on the licensed premises until each patient is assessed by the physician performing or inducing the abortion, a to be awake, alert, and medically stable prior to discharge; a telephone number of the hospital nearest to the home of the nd pregnant woman at which an emergency arising from the vii. ensuring that a member of the medical staff sha abortion would be treated; and ll be either present or immediately available by telecommuni (iv). identifying and ensuring that each cations to the staff when there is a patient on the licensed pre patient, before an abortion is performed or induced, is given mises. by the physician performing or inducing the abortion, a D. Nursing Staff. The outpatient abortion facility shall pr telephone number by which the pregnant woman may reach ovide nursing services and shall employ qualified nursing sta the physician, or licensed nurse or PA employed by the ff to meet the needs of the patients. physician or facility at which the abortion was performed or 1. Registered Nurse. The outpatient abortion facility s induced, who has 24 hours per day access to the woman's hall have a registered nurse (RN) who is responsible for the relevant medical records so that the woman may request overall direction of all nursing staff and nursing services pro assistance related to any complication that arises from the vided. performance or induction of the abortion, or to ask health- a. Qualifications. The RN shall: related questions regarding the abortion; i. have a current, unrestricted Louisiana registere (g). patient medical records and reporting require d nurse license; and ments; ii. be in good standing with the Louisiana State B (h). the examination of fetal tissue; oard of Nursing. (i). the disposition of medical waste; 2. Duties and Responsibilities. The RN shall be respon (j). physical environment; and sible for: (k). quality assurance and performance improve a. developing, implementing, enforcing, monitoring, ment (QAPI) program; and annually reviewing written policies and procedures gov ii. developing, implementing, enforcing, monitori erning the following: ng, annually reviewing written bylaws, rules, policies, and pr i. nursing personnel, including, but not limited to: ocedures for self-governing of the professional activity of all (a). developing a job description that delineates r medical staff members including, but not be limited to: esponsibilities and duties for each category of licensed and n (a). the structure of the medical staff; on-licensed nursing staff consistent with acceptable nursing (b). review of the credentials, and training, and c standards of practice; ompetency of each medical staff member to perform medical (b). orientation; and clinical services, at least every two years, and to delineat (c). training; and e and to recommend approval for individual privileges; (d). evaluation for competency; (i). the recommendation shall be in writing ii. nursing care and services consistent with accep and maintained on the licensed premises in the credentialing ted nursing standards of practice; file; b. assigning duties and functions to each licensed an (ii). verification that each member of the d non-licensed employee commensurate with his/her licensu medical staff is a physician who possesses a current license re, certification, experience, and competence consistent with to practice medicine in Louisiana, is in good standing with acceptable nursing standards of practice; the Louisiana State Board of Medical Examiners, and whose c. verifying that each licensed nurse possesses a cur license does not restrict the physician from performing the rent and unrestricted license to practice nursing in Louisiana services at the outpatient abortion facility; and is in good standing with their applicable state licensing b (iii). evaluation for competency and past oard; performance of each medical staff member, at a minimum, d. ensuring that the number of nursing staff on duty annually, which shall include monitoring and evaluation of is sufficient to meet the needs of the patient(s); patient care provided; e. ensuring that at least one licensed nurse is present (iv). medical staff discipline; and when there is a patient receiving or recovering from an abort (v). grievance process; ion procedure on the licensed premises; iii. monitoring and reviewing, at a minimum, quart f. ensuring that each licensed nurse working at the erly, in collaboration with the QAPI team/committee, the me outpatient abortion facility has successfully completed a basi dical and clinical services provided by the outpatient abortio c life support course; and n facility to ensure acceptable levels of quality of care and se g. developing, implementing, enforcing, monitoring, rvices; and reviewing annually in collaboration with the medical dir iv. reviewing reports of all accidents or unusual in ector, written policies and procedures establishing a formaliz cidents occurring on the licensed premises and reporting to t ed program of in-service training and evaluation for compete he administrator potential health and safety hazards; ncy for each category of licensed and non-licensed nursing st v. ensuring that each patient receiving medical an aff and for all nursing care and services provided at the outp d clinical services is under the professional care of a member atient abortion facility. of the medical staff who shall assess, supervise, and evaluate i. The RN shall ensure that the training is related the care of the patient; to each job skill as delineated in their respective job descripti on.

Louisiana Register Vol. 40, No. 12 December 20, 2014 114 ii. The RN shall ensure an evaluation for compete medical professional consistent with their applicable scope o ncy is performed for each category of licensed and non-licen f practice. sed nursing staff and for all nursing care and services provid 4. The administrator shall maintain documentation of ed. all evaluations for competencies in each employee’s personn iii. The RN shall maintain documentation in the pe el file. rsonnel file of each nursing staff member evidencing the con G. Health Screening. The outpatient abortion facility shal tent of the training that was provided, including the name of l develop, implement, enforce, monitor, and annually review the evaluator, date, nurse’s name, and documents provided. written policies and procedures governing health screening o iv. The RN shall maintain documentation in the pe f personnel in accordance with all applicable federal, state, a rsonnel file of each nursing staff member evidencing that an nd local statutes, laws, ordinances, and department rules and evaluation for competency was conducted, including the na regulations. The administrator shall maintain documentation me of the evaluator, date, nurse’s name, and a notation that t of health screening reports in each employee’s personnel file. he nurse is competent in each job skill as delineated in their r AUTHORITY NOTE: Promulgated in accordance with R.S. 40 espective job description. 2175.1 et seq. E. Orientation and Training. The administrator shall dev HISTORICAL NOTE: Promulgated by the Department of Heal elop, implement, enforce, monitor, and annually review, in c th and Hospitals, Bureau of Health Services Financing, LR 41: ollaboration with the medical director and registered nurse, §4425. Patient Medical Records and Reporting Require written policies and procedures regarding orientation and trai ments ning of all employees. A. General Provisions 1. Orientation. Upon hire and prior to providing care t 1. The outpatient abortion facility shall establish and o patients, all employees shall be provided orientation relate maintain a patient medical record on each patient. d to the outpatient abortion facility’s written policies and pro 2. The patient medical record shall be: cedures governing the following: a. completely and accurately documented; and a. organizational structure; b. readily available and systematically organized to b. confidentiality; facilitate the gathering of information. c. grievance process; 3. The outpatient abortion facility shall ensure compli d. disaster plan for internal and external occurrences; ance with privacy and confidentiality of patient medical reco e. emergency medical treatment; rds, including information in a computerized medical record f. program mission; system, in accordance with the Health Insurance Portability g. personnel practices; and Accountability Act (HIPAA) regulations, and/or all appli h. reporting requirements; and cable state laws, rules, and regulations. i. basic skills required to meet the health needs of t 4. Safeguards shall be established to protect the patien he patients. t medical records from loss or damage and/or breach of confi 2. Training. Upon hire, and at a minimum, annually, al dentiality in accordance with all applicable state laws, rules, l employees shall be provided training in each job skill as del and regulations. ineated in their respective job description. B. Retention of Patient Medical Records. Patient medical a. Medical training of a licensed medical profession records shall be retained by the outpatient abortion facility fo al shall only be provided by a medical professional with an e r a period of not less than seven years from the date of disch quivalent or higher license. arge. If the woman is a minor, then the medical record of the b. Training of a non-licensed employee related to th minor shall be kept for a minimum of 10 years from the time e performance of job skills relative to medical and clinical se the minor reaches the age of majority. Patient medical record rvices shall only be provided by a licensed medical professio s shall be maintained on the premises for at least one year an nal consistent with the applicable standards of practice. d shall not be removed except under court orders or subpoen c. All training programs and materials used shall be as. Any patient medical record maintained off-site after the fi available for review by HSS. rst year shall be provided to the department for review no lat d. The administrator shall maintain documentation er than 24 hours from the time of the department’s request. of all of the training provided in each employee’s personnel f Note: Refer to R.S. 9:2800.9. iles. C. Contents of Patient Medical Record F. Evaluation for Competency. Upon hire, and at a mini 1. The following minimum data shall be kept on all pa mum, annually, the outpatient abortion facility shall conduct tients: an evaluation for competency of all employees related to eac a. identification data; h job skill as delineated in their respective job description. b. date of procedure; 1. The evaluation for competency shall include the ob c. medical and social history; servation of job skills and return demonstration by the emplo d. anesthesia and surgical history; yee. e. physical examination notes; 2. Evaluation for competency of a licensed medical pr f. chief complaint or diagnosis; ofessional shall only be provided by a medical professional g. clinical laboratory reports; with an equivalent or higher license. h. pathology reports; 3. Evaluation for competency of a non-licensed emplo i. individualized physician’s orders; yee related to the performance of job skills relative to medic j. radiological/ultrasound reports; al and clinical services shall only be provided by a licensed k. consultation reports (when appropriate);

115 Louisiana Register Vol. 40, No. 12 December 20, 2014 l. medical and surgical treatment; b. sexual battery; m. progress notes, discharge notes, and discharge su c. incest; and mmary; d. carnal knowledge of a juvenile. n. nurses' notes, including, but not limited to, all per AUTHORITY NOTE: Promulgated in accordance with R.S. 40 tinent observations, treatments, and medications dispensed a 2175.1 et seq. nd/or administered; HISTORICAL NOTE: Promulgated by the Department of Heal o. medication administration records, including, but th and Hospitals, Bureau of Health Services Financing, LR 41: not limited to, the date, time, medication, dose, and route; §4427. Quality Assurance and Performance Improveme p. documentation of any and all prescription drugs d nt Program (QAPI) ispensed to each patient, including, but not limited to the: A. The outpatient abortion facility shall develop, implem i. full name of the patient; ent, enforce, maintain, and annually review a written QAPI p ii. name of the prescribing physician; rogram subject to approval by the governing body, which put iii. name and strength of the drug; s systems in place to effectively identify issues for which qu iv. quantity dispensed; and ality monitoring and performance improvement activities are v. date of issue; necessary. The QAPI program shall include plans of action t q. signed and dated authorizations, consents, release o correct identified issues including, but not limited to, moni s, or notices required by all applicable federal, state, and loca toring the effect of implemented changes and making necess l statutes, laws, ordinances, and department rules and regulat ary revisions to the plan of action. ions, including but not limited to: 1. Plans of Action. The outpatient abortion facility sha i. a signed receipt of point of rescue pamphlet; an ll develop and implement a QAPI plan of action designed to d effectively identify issues for which quality monitoring and ii. a signed certification form in accordance with a performance improvement activities are necessary. pplicable state law indicating acknowledged receipt of infor 2. The QAPI plan of action shall include on a quarterl mational materials concerning psychological impacts, illegal y basis the following: coercion, abuse, and human trafficking; a. processes for receiving input regarding the qualit Note: The provisions of this Section requiring a physician or y of medical and clinical services received; qualified person to provide required printed materials to a b. processes for review of patient medical records to woman considering an abortion shall become effective 30 ensure that such are complete and current; days after the department publishes a notice of the availability c. processes for identifying on a quarterly basis the of such materials. risk factors that affect or may affect the health and safety of t r. operative report; he patients of the outpatient abortion facility receiving medic s. anesthesia report, including, but not limited to, th al and clinical services. Examples may include, but are not li e date, time, type of anesthesia, dose, and route; and mited to: t. special procedures reports. i. review and resolution of patient grievances; an 2. Each entry documented in the patient’s medical rec d ord shall be signed by the physician as appropriate, e.g., atte ii. review and resolution of patient/employee inci nding physician, consulting physician, anesthesiologist, path dents involving medication errors and equipment failure; ologist, etc. Nursing notes and observations shall be signed b d. a process to review and develop action plans to re y the licensed nurse. All entries shall be in writing and contai solve all system wide issues identified as a result of the proc n the date, time, and signature of the individual(s) delivering esses above. the patient care and services. 3. The QAPI outcomes shall be documented and repor D. Nothing in this Section is intended to preclude the use ted to the administrator in writing for action, as necessary, fo of automated or centralized computer systems or any other te r any identified systemic problems. chniques for the storing of medical records, provided the reg AUTHORITY NOTE: Promulgated in accordance with R.S. 40 ulations stated herein are met. 2175.1 et seq. E. Other Reports. The outpatient abortion facility shall m HISTORICAL NOTE: Promulgated by the Department of Heal aintain a daily patient roster of all patients receiving a surgic th and Hospitals, Bureau of Health Services Financing, LR 41: al or chemically induced abortion. Patients may be identified Subchapter C. Pre-operative, Intra-operative, and Pos corresponding to the patient’s medical record. This daily pati t-Operative Procedures ent roster shall be retained for a period of three years. §4431. Screening and Pre-Operative Services F. Reporting Requirements A. Verification of Pregnancy. The presence of an intraute 1. The outpatient abortion facility shall maintain docu rine pregnancy shall be verified by the following: mentation to support that the outpatient abortion facility is c 1. urine or serum pregnancy test performed on-site; an ompliant with all reporting requirements, including, but not l d imited to, the induced termination of pregnancy (ITOP) form 2. either a detection of fetal heart tones or ultrasonogr and other documentation as required by federal, state, and lo aphy. cal statutes, laws, ordinances, and department rules and regul B. Gestational age shall be estimated by the following m ations. ethods pre-operatively: 2. The outpatient abortion facility shall report in accor dance with all applicable state laws for the reporting of crim es against a child that include but are not limited to: a. rape;

Louisiana Register Vol. 40, No. 12 December 20, 2014 116 1. first date of last menstrual period, if known; if present, in a quality consistent with current medical 2. pelvic examination; and practice. Nothing in this Section shall be construed to preven 3. ultrasonography. t the pregnant woman from not listening to the sounds detect C. Laboratory Tests ed by the fetal heart monitor, or from not viewing the images 1. The laboratory tests listed below shall be performed displayed on the ultrasound screen; within 30 days prior to the abortion procedure: b. provide a simultaneous and objectively accurate a. hematocrit or hemoglobin determination; and oral explanation of what the ultrasound is depicting, in a ma b. Rh Factor status. nner understandable to a layperson, which shall include the p 2. The results of the laboratory tests as required in §43 resence and location of the unborn child within the uterus an 31.C.1.a-b shall be documented in the patient’s medical reco d the number of unborn children depicted, the dimensions of rd. the unborn child, and the presence of cardiac activity if prese 3. The physician performing the abortion shall docum nt and viewable, along with the opportunity for the pregnant ent acknowledgement of the results of the laboratory tests in woman to ask questions; the patient’s medical record prior to the abortion procedure. c. offer the pregnant woman the option of requestin D. Minors g an ultrasound photograph or print of her unborn child of a 1. No physician shall perform or induce an abortion u quality consistent with current standard medical practice that pon any pregnant woman who is under the age of 18 years a accurately portrays, to the extent feasible, the body of the un nd who is not emancipated judicially or by marriage unless t born child including limbs, if present and viewable; he physician has received the following: d. from a form that shall be produced and made avai a. one of the following documents: lable by the department, staff will orally read the statement o (i). a notarized statement, pursuant to n the form to the pregnant woman in the ultrasound examina applicable state laws, rules, and regulations, signed by either tion room prior to beginning the ultrasound examination, and the mother, father, legal guardian, or tutor of the minor obtain from the pregnant woman a copy of a completed, sign declaring that the affiant has been informed that the minor ed, and dated form; intends to seek an abortion and that the affiant consents to e. retain copies of the election form and certificatio the abortion; or n prescribed above. The certification shall be placed in the m (ii). a court order pursuant to applicable edical file of the woman and shall be kept by the outpatient a state laws, rules, and regulations; and bortion facility for a period of not less than seven years. If th b. a signed, dated, and timed document obtained by e woman is a minor, the certification shall be placed in the m the attending physician and/or licensed nurse, before the ad edical file of the minor and kept for at least ten years from th ministration of any type of anesthesia which indicates if any e time the minor reaches the age of majority. The woman's m person has or has not compelled the female child to undergo edical files shall be kept confidential as provided by law. an abortion against her will. 3. Options to view or listen to required medical infor 2. All documentation related to consent and coercion s mation shall be in accordance with applicable state laws, rul hall be maintained in the medical record. es, and regulations. E. Ultrasound Requirements. Except in the case of a med a. A pregnant woman may choose not to exercise he ical emergency, consent to an abortion of an unborn child at r option to request an ultrasound photograph print. any stage of gestational development is voluntary and infor b. A pregnant woman may choose not to view the ul med only if an obstetric ultrasound is performed in accordan trasound images required to be provided to and reviewed wit ce with the provisions of this Section and applicable state la h the pregnant woman. ws, rules, and regulations. c. A pregnant woman may choose not to listen to th 1. Qualifications to Perform Ultrasound. The ultrasou e sounds detected by the fetal heart monitor required to be pr nd shall be performed by the physician who is to perform the ovided to the pregnant woman. abortion or a qualified person who is the physician's agent. F F. Medical Emergencies. Upon a determination by a phy or purposes of this Section, "qualified person" means a perso sician that a medical emergency, as defined pursuant to appli n having documented evidence that he or she has completed cable state law, exists with respect to a pregnant woman, the a course in the operation of ultrasound equipment and is in c outpatient abortion facility shall certify in writing the specifi ompliance with any other requirements of law regarding the c medical conditions that constitute the emergency. The certi operation of ultrasound equipment. fication shall be placed in the medical file of the woman. 2. Requirements. At least 24 hours prior to the pregna G. Information and Informed Consent nt woman having any part of an abortion performed or induc 1. Oral and Written Information Provided by Physicia ed, and prior to the administration of any anesthesia or medi n or Referring Physician cation in preparation for the abortion on the pregnant woman, a. At least 24 hours before the abortion the physicia the physician who is to perform the abortion or a qualified p n who is to perform the abortion or the referring physician sh erson who is the physician's agent shall comply with all of th all provide informed consent to the pregnant woman seeking e following requirements: an abortion. The informed consent shall be communicated b a. perform an obstetric ultrasound on the pregnant oth orally and in-person, and in writing, and shall be provide woman, offer to simultaneously display the screen which de d in a private room. picts the active ultrasound images so that the pregnant woma b. Documentation. The documentation of all such in n may view them and make audible the fetal heartbeat, formed consent provided shall be maintained in the patient’s medical record.

117 Louisiana Register Vol. 40, No. 12 December 20, 2014 c. The informed consent shall also contain language physician who is to perform the abortion or a qualified perso explaining the following information to the pregnant woman n, except in the case of medical emergency as defined by app seeking an abortion: licable state laws. i. the option of reviewing and receiving an oral e Note: The provisions of this Section requiring a physician or xplanation of an obstetric ultrasound image of the unborn chi qualified person to provide required printed materials to a ld; woman considering an abortion shall become effective 30 days after the department publishes a notice of the availability ii. that the pregnant woman shall not be required t of such materials. o view or receive an explanation of the obstetric ultrasound i b. If the pregnant woman seeking an abortion is una mages; ble to read the materials, the material shall be read to her. iii. that the pregnant woman shall not be penalized c. If the pregnant woman seeking an abortion asks q if she chooses not to view or receive an explanation of the o uestions concerning any of the information or materials, ans bstetric ultrasound images; wers shall be provided to her in her own language. iv. that the physician shall not be penalized if the p 5. Certification and Reporting regnant woman chooses not to view or receive an explanatio a. Prior to the abortion, the outpatient abortion facili n of the obstetric ultrasound images; and ty shall ensure the pregnant woman seeking an abortion has v. inclusion in the patient’s printed materials of a certified, in writing on a form provided by the department th comprehensive list, compiled by the department, of facilities at the information and materials required were provided at le that offer obstetric ultrasounds free of charge. ast 24 hours prior to the abortion. This form shall be maintai 2. Oral Information from a Physician or Qualified Per ned in the woman’s medical record. son b. Prior to performing the abortion, the physician w a. When an initial contact is made by a person seeki ho is to perform the abortion or his agent receives a copy of t ng to schedule an abortion for herself, a minor, or other adult he written certification. woman, regardless of the means of contact, the physician wh c. The pregnant woman seeking an abortion is not r o is to perform the abortion or any qualified person acting on equired to pay any amount for the abortion procedures until t behalf of the physician shall inform the person of the interne he 24-hour period has expired. t address of the department’s abortion alternatives and infor 6. Reporting Requirements. Any physician who has pr med consent website which includes links to mental health c ovided the information and materials to any woman in accor ounseling. dance with the requirements of this Section shall provide to t 3. Oral Information Provided by Physician, Referring he department: Physician, or Qualified Person a. with respect to a woman upon whom an abortion a. At least 24 hours before a scheduled abortion the is performed, all information as required by applicable state l physician who is to perform the abortion, the referring physi aws, rules, and regulations as well as the date upon which th cian, or a qualified person shall inform the pregnant woman e information and materials required to be provided under thi seeking an abortion, orally and in-person that: s Section were provided, as well as an executed copy of the c i. medical assistance may be available for prenata ertification form. This form shall be maintained in the woma l care, childbirth, and neonatal care and that more detailed in n’s medical record; formation on the availability of such assistance is contained b. with respect to any woman to whom the printed a on the department’s website and printed materials; nd oral information and materials have been provided pursua ii. a pamphlet is available that describes the unbor nt to applicable state laws, rules, and regulations, but upon w n child and contains a directory of agencies that offer an abo hom the physician has not performed an abortion, the name a rtion alternative; nd address of the facility where the required information was iii. the father of the unborn child is liable to assist i provided and if executed by the woman, a copy of the certifi n the support of the child, even if he has offered to pay for th cation form required. This form shall be maintained in the w e abortion. In the case of rape this information may be omitt oman’s medical record. ed; 7. Information Provided by the Physician Performing iv. the pregnant woman seeking an abortion is free or Inducing an Abortion. On the date the abortion is perform to withhold or withdraw consent to the abortion at any time ed or induced, a physician performing or inducing the aborti before or during the abortion without affecting her right to fu on shall provide the pregnant woman with all of the followin ture care or treatment and without loss of any state or federal g before the abortion is performed or induced: ly funded benefits to which she might otherwise be entitled. a. a telephone number by which the pregnant woma 4. Provision of Printed Materials n may reach the physician, or other health care personnel em a. At least 24 hours before the abortion, the pregnan ployed by the physician or facility at which the abortion was t woman seeking an abortion shall be given a copy of the pri performed or induced, who has 24 hours per day access to th nted materials, pursuant to any applicable state laws, rules, a e woman's relevant medical records so that the woman may r nd regulations, by the physician who is to perform the aborti equest assistance related to any complication that arises from on, the referring physician, or a qualified person, including b the performance or induction of the abortion, or to ask healt ut not limited to the following: h-related questions regarding the abortion; and i. as a condition for consent to undergoing an ele b. the name and telephone number of the hospital ne ctive abortion and, as such to be deemed voluntary and infor arest to the home of the pregnant woman at which an emerge med, the woman or minor female considering abortion shall ncy arising from the abortion would be treated. be given a copy of the DHH point of rescue pamphlet by the

Louisiana Register Vol. 40, No. 12 December 20, 2014 118 AUTHORITY NOTE: Promulgated in accordance with R.S. 40 all be assessed and monitored by a licensed nurse for the foll 2175.1 et seq. owing: level of consciousness, respiratory status, cardio-vasc HISTORICAL NOTE: Promulgated by the Department of Heal ular status, and any potential adverse outcomes related to the th and Hospitals, Bureau of Health Services Financing, LR 41: abortion procedure. The results of this assessment shall be d §4433. Drug or Chemically Induced Abortion ocumented in the patient’s medical record by the licensed nu A. When any drug or chemical is used for the purpose of rse. inducing an abortion as defined in R.S. 40:1299.35.1, the ph AUTHORITY NOTE: Promulgated in accordance with R.S. 40 ysician who prescribed the drug or chemical shall be in the s 2175.1 et seq. ame room and in the physical presence of the pregnant wom HISTORICAL NOTE: Promulgated by the Department of Heal an when the drug or chemical is initially administered, dispe th and Hospitals, Bureau of Health Services Financing, LR 41: nsed, or otherwise provided to the pregnant woman. §4437. Post-Operative Care, Procedures, and Discharge B. The drug or chemical shall not be administered, dispe A. Post-Operative Care and Procedures nsed, or otherwise provided to the pregnant woman by a phy 1. The outpatient abortion facility shall have immediat sician or any person acting under the physician's direction un ely available a supply of emergency drugs for stabilizing and less the physician has obtained the voluntary and informed c /or treating medical and surgical complications for post-oper onsent of the pregnant woman pursuant to the provisions of s ative care on the licensed premises. tate laws, rules and regulations and the requirements set fort 2. The patient's recovery shall be supervised by a licen h in this Section. sed physician or a licensed nurse trained in post-operative ca C. If a physician prescribes, dispenses, administers, or pr re. ovides any drug or chemical to a pregnant woman for the pur 3. If general anesthesia is administered during the abo pose of inducing an abortion as defined in R.S. 40:1299.35.1 rtion procedure, the outpatient abortion facility shall have lic the physician shall report the abortion to the Department of ensed nursing personnel trained in post-anesthesia care. Health and Hospitals in accordance with applicable state law 4. Upon completion of an abortion procedure, the phy s, rules, and regulations, including R.S. 40:1299.35.10. sician shall immediately perform a gross examination of the D. Documentation shall be recorded as to the date, time, uterine contents and shall document the findings in the patie method and name and signature of the physician who initiall nt’s medical record. If no products of conception are visible, y administered, dispensed, or otherwise provided the drug or the physician shall assess the patient for risk of complication chemical to the pregnant woman. This documentation shall b s of an incomplete abortion or ectopic pregnancy. e maintained in the patient’s medical record. 5. Upon admission to the post-anesthesia recovery are AUTHORITY NOTE: Promulgated in accordance with R.S. 40 a, the patient shall be assessed by the licensed nurse for the f 2175.1 et seq. ollowing: level of consciousness, respiratory status, cardio-v HISTORICAL NOTE: Promulgated by the Department of Heal ascular status, pain level, bleeding, any potential outcomes r th and Hospitals, Bureau of Health Services Financing, LR 41: elated to the abortion procedure and any other medically app §4435. Intra-operative Procedures ropriate assessments. The results of this assessment shall be A. The outpatient abortion facility shall ensure that emer documented by the licensed nurse in the patient’s medical re gency medical equipment and supplies as required by the go cord. verning body, medical director and medical staff are availabl 6. A patient shall not be left unattended in the post-ane e for intra-operative care and shall include, but are not limite sthesia recovery area. d to: 7. RH immunoglobulin administration shall be offered 1. surgical or gynecologic table; to the woman who is Rh-negative and such shall be docume 2. surgical instrumentation; nted in the patient’s medical record. If Rh immunoglobulin i 3. emergency drugs for stabilizing and/or treating med s not administered in the facility, one of the following is requ ical and surgical complications as approved by the medical d ired: irector; a. informed waiver signed by a patient who refuses 4. oxygen; RH immunoglobulin; or 5. intravenous fluids; and b. documentation of other arrangements for adminis 6. sterile dressing supplies. tration of RH Immunoglobulin. B. The outpatient abortion facility shall ensure that the m B. Discharge Procedures edical equipment required for an abortion shall be maintaine 1. The patient shall be given verbal and written post-o d and immediately available to the physician in the procedur perative instructions for follow-up care. Such instructions gi e and/or post-anesthesia recovery area to provide emergency ven or provided by the physician performing or inducing the medical care and treatment. abortion shall include the telephone number by which the pr C. During the abortion procedure, the patient shall be ass egnant woman may reach the physician, or other health care essed and monitored by a licensed nurse for the following: le personnel employed by the physician, or facility at which the vel of consciousness, respiratory status, cardio-vascular statu abortion was performed or induced, who has 24 hours per da s, and any potential adverse outcomes related to the abortion y access to the woman’s relevant medical records so that the procedure such as adverse drug reactions, uncontrolled or ex woman may request assistance related to any complication t cessive bleeding, etc. The results of this assessment shall be hat arises from the performance or induction of the abortion, documented in the patient’s medical record by the licensed n or to ask health-related questions regarding the abortion. urse. 2. The patient shall also be given or provided, by the p D. Immediately following the abortion procedure and pri hysician performing or inducing the abortion, the name and t or to transfer to post-anesthesia recovery area, the patient sh elephone number of the hospital nearest to the home of the p

119 Louisiana Register Vol. 40, No. 12 December 20, 2014 regnant woman at which an emergency arising from the abor 4. A separate waiting area shall be provided that is suf tion would be treated. ficient in size to provide seating space for patients, staff, and 3. A member of the medical staff shall remain on the li visitors of the patient. censed premises until each patient is assessed to be awake, al 5. Toilet facilities for patients, staff, and visitors shall ert, and medically stable prior to discharge. be installed and maintained in accordance with the requirem 4. A copy of the discharge instructions signed by the p ents of the Louisiana state Sanitary Code. atient and the physician shall be maintained in the patient’s a. Every toilet room shall contain at least one water medical record. closet and one lavatory. Such toilet facilities shall be provide AUTHORITY NOTE: Promulgated in accordance with R.S. 40 d with ventilation in accordance with the requirements of the 2175.1 et seq. Louisiana state Sanitary Code. HISTORICAL NOTE: Promulgated by the Department of Heal b. Hot and cold water delivered through a mixing fa th and Hospitals, Bureau of Health Services Financing, LR 41: ucet, soap, and mechanical hand drying devices and/or dispo §4439. Anesthesia Services sable paper towels shall be provided at all hand washing lava A. Subject to the approval of the medical director, the ou tories/stations. tpatient abortion facility shall develop, implement, monitor, c. Showers or shower/tub combinations, if provided enforce, and annually review written policies and procedures shall meet the requirements of the Louisiana state Sanitary governing the preparation of and administration of drugs rela Code. ting to the types of anesthesia administered during the aborti 6. Additional General Provisions. For outpatient abort on procedure. ion facilities that receive their initial outpatient abortion lice B. Local anesthesia, nitrous oxide, intramuscular, oral, a nse after the effective date of the promulgation of this Rule, r nd intravenous sedation shall be administered by the physici eceive plan review approval for major renovations after the e an performing the abortion or by licensed nursing staff who ffective date of the promulgation of this Rule or change their have been deemed competent to administer sedation under th geographical address after the effective date of the promulga e orders and supervision of the physician and pursuant to the tion of this Rule, the following additional general provisions ir scope of practice. shall apply: C. The physician performing the abortion shall be presen a. flooring in all patient areas shall be readily cleana t on the licensed premises prior to and during the administrat ble, monolithic and joint free, and slip-resistant; ion of all types of anesthesia. b. wall finishes in all patient areas shall be smooth, D. General anesthesia, if used, shall be administered by a moisture resistant, washable, and free of fissures, open joints, n anesthesiologist or certified registered nurse-anesthetist (C or crevices that may retain or permit passage of dirt particle RNA) who is under the supervision of the physician perform s; and ing the abortion. c. wall bases in all patient areas shall be monolithic E. If general anesthesia is administered, the outpatient ab and coved with the floor, tightly sealed to the wall, and const ortion facility shall ensure that professional staff, trained and ructed without voids. deemed competent to provide post-anesthesia care, shall be p B. Signage. The outpatient abortion facility shall provide: resent on-site to meet the needs of the patient. 1. an exterior sign that can be viewed by the public. T F. If general anesthesia is administered, the outpatient ab he sign shall contain, at a minimum, the doing business as na ortion facility shall ensure that emergency medical equipmen me of the facility as it appears on the outpatient abortion faci t related to the delivery of general anesthesia shall be availab lity license issued by the department; le on the premises. 2. clearly identifiable and distinguishable signs for out G. A physician shall be present on the licensed premises patient abortion facilities operating within another facility w during the post-anesthesia recovery period until the patient is hich shall comply with the provisions of applicable state law fully reacted and stable. s, rules, and regulations. AUTHORITY NOTE: Promulgated in accordance with R.S. 40 C. Procedure Room 2175.1 et seq. HISTORICAL NOTE: Promulgated by the Department of Heal 1. Abortion procedures shall be performed in a segreg th and Hospitals, Bureau of Health Services Financing, LR 41: ated procedure room, removed from general traffic lines wit Subchapter D. Physical Environment h a minimum clear floor area of 120 square feet, exclusive of §4445. General Requirements vestibule, toilets or closets. A. General Provisions 2. There shall be a hand-washing station within each p 1. The outpatient abortion facility shall be designed, c rocedure room and within each post-anesthesia recovery area. onstructed, equipped, and maintained to protect the health an Fixtures shall not encroach upon any required egress path or d safety of patients, personnel, and the public at all times. other required clear dimension. 2. The outpatient abortion facility shall meet the provi D. Post-Anesthesia Recovery Area sions for physical environment under this Section, unless oth 1. The outpatient abortion facility shall have a separat erwise noted herein. e post-anesthesia recovery area with a minimum clear recove 3. For the purposes of this Section, major renovations ry area with a minimum clear area of 2 feet, 6 inches around are defined as such renovations that affect the alteration to th the three sides of each stretcher or lounge chair for work and e functionality or original design of the facility’s constructio circulation. n. Painting walls, re-tiling floors, installation of carpet, repai 2. The outpatient abortion facility shall have a nurse’s ring roof damage or reroofing are not considered to be major station equipped with a countertop, space for supplies, provi renovations for purposes of this Section. sions for charting, and a communication system. The nursing

Louisiana Register Vol. 40, No. 12 December 20, 2014 120 station shall be arranged to provide for direct visual observat nfections and communicable diseases of patients and person ion of all traffic into the recovery area. nel. At a minimum, the policies shall address: E. Equipment and Supply Storage Area. For outpatient a 1. alcohol based hand rub and hand hygiene; bortion facilities that receive their initial outpatient abortion 2. use of all types of gloves; license after the effective date of the promulgation of this Ru 3. decontamination of equipment between each patient le, receive plan review approval for major renovations after t use, including, but not limited to, chairs and procedure room he effective date of the promulgation of this Rule, or change tables; their geographical address after the effective date of the pro 4. linen cleaning, if applicable; mulgation of this Rule, the outpatient abortion facility shall 5. waste management including, but not limited to, the have: requirements of Part XXVII of the Louisiana state Sanitary 1. a soiled utility room which contains a utility sink, a Code; work counter, a hand washing station, waste receptacle(s), a 6. environmental cleaning; nd a space for soiled linen or equipment; 7. reporting, investigating, and monitoring of surgical a. a designated separate space shall be provided for infections; soiled materials storage; 8. sterilization procedures and processes, if applicable; b. soiled materials shall not be stored or transported 9. single use devices; through the clean laundry area; 10. disinfecting procedures and processes; and 2. a clean utility room which is used for clean or steril 11. breaches of infection control practices. e supplies; C. Supplies shall not be reused if labeled for single use. 3. an equipment and supply storage room with sufficie D. The outpatient abortion facility shall develop, implem nt floor space for equipment and supplies used in the proced ent, enforce, monitor, and annually review written policies a ure room which shall not encroach upon any required egress nd procedures which require immediate reporting of the susp path or other required clear dimension; ected or confirmed diagnosis of a communicable disease pur 4. at least one stretcher and one wheelchair for patient suant to applicable federal, state and local rules, laws, regula use; and tions and ordinance. 5. sufficient pathway to accommodate the usage of a s E. The outpatient abortion facility shall develop, implem tretcher and a wheelchair. ent, enforce, monitor, and annually review a written waste m F. If the outpatient abortion facility maintains an in-hous anagement program that identifies and controls wastes and h e laundry, the areas shall be designed in accordance with infe azardous materials to prevent contamination and spread of in ction control standards and the Louisiana Sanitary Code, as fection within the facility. The program shall comply with all applicable. applicable laws and regulations governing wastes and hazard G. Forced Abortion Prevention Signage. Each outpatient ous materials and the safe handling of these materials. abortion facility shall ensure a sign is obtained from the depa F. There shall be a separate sink for cleaning instruments rtment in accordance with the Forced Abortion Prevention Si and disposal of liquid waste. gn Act. G. The outpatient abortion facility shall develop, implem 1. Display. The sign shall be posted on the licensed pr ent, and enforce/maintain written policies and procedures to emises and shall be clearly visible to patients. The sign provi ensure items are contained and handled during the sterilizati ded shall be conspicuously posted in each patient admission on process to assure sterility is not compromised prior to use. area, waiting room, and patient consultation room used by pa H. After sterilization, instruments shall be stored in a des tients on whom abortions are performed, induced, prescribed ignated clean area so that sterility is not compromised. for, or who are provided with the means for an abortion. I. Sterile packages shall be inspected for integrity and c H. National Human Trafficking Resource Center Hotline. ompromised packages shall be reprocessed before use in acc Each outpatient abortion facility shall post information regar ordance with manufacturer’s recommendations. ding the National Human Trafficking Resource Center Hotli J. The outpatient abortion facility shall develop, implem ne. ent, enforce, monitor, and annually review written policies a AUTHORITY NOTE: Promulgated in accordance with R.S. 40 nd procedures governing the following: 2175.1 et seq. 1. the handling, processing, storing, and transporting o HISTORICAL NOTE: Promulgated by the Department of Heal f clean and dirty laundry; th and Hospitals, Bureau of Health Services Financing, LR 41: 2. special cleaning and decontamination processes are §4447. Infection Control employed for contaminated linens, if an in-house laundry is A. The outpatient abortion facility shall develop, implem maintained on the licensed premises; and ent, enforce, monitor, and annually review its written infecti 3. housekeeping services maintain a safe and clean en on control program. The purpose of this program shall seek t vironment. o minimize infections and communicable diseases through p K. Housekeeping supplies shall be provided to adequatel revention, investigation, and reporting of infections. This pro y maintain the licensed premises. gram shall include all contracted services. AUTHORITY NOTE: Promulgated in accordance with R.S. 40 B. The outpatient abortion facility shall develop, implem 2175.1 et seq. ent, enforce, monitor, and annually review, with the approval HISTORICAL NOTE: Promulgated by the Department of Heal of the medical director, written policies and procedures for p th and Hospitals, Bureau of Health Services Financing, LR 41: reventing, identifying, reporting, investigating, controlling, a §4449. Laboratory Services nd immediately implementing corrective actions relative to i A. The outpatient abortion facility shall have laboratory s ervices available to meet the needs of its patients.

121 Louisiana Register Vol. 40, No. 12 December 20, 2014 B. The outpatient abortion facility shall maintain a clinic AUTHORITY NOTE: Promulgated in accordance with R.S. 40 al laboratory improvement amendment (CLIA) certificate fo 2175.1 et seq. r the laboratory services provided on the licensed premises. HISTORICAL NOTE: Promulgated by the Department of Heal C. The outpatient abortion facility shall ensure that all co th and Hospitals, Bureau of Health Services Financing, LR 41: ntracted laboratory services are provided by a CLIA certified §4453. Inactivation of License due to a Declared Disaste laboratory. r or Emergency AUTHORITY NOTE: Promulgated in accordance with R.S. 40 A. An outpatient abortion facility located in a parish whi 2175.1 et seq. ch is the subject of an executive order or proclamation of em HISTORICAL NOTE: Promulgated by the Department of Heal ergency or disaster issued in accordance with applicable stat th and Hospitals, Bureau of Health Services Financing, LR 41: e laws, may seek to inactivate its license for a period not to e §4451. Pharmaceutical Services xceed one year, provided that the facility: A. All outpatient abortion facilities shall have a controlle 1. submits written notification to HSS within 60 days d dangerous substance (CDS) license issued by the Louisian of the date of the executive order or proclamation of emerge a Board of Pharmacy and a Drug Enforcement Agency (DE ncy or disaster that: A) registration in accordance with applicable state and feder a. the facility has experienced an interruption in the al laws. provisions of services as a result of events that are the subjec B. The outpatient abortion facility shall develop, implem t of such executive order or proclamation of emergency or di ent, enforce, monitor, and annually review written policies a saster issued in accordance with applicable state law; nd procedures that govern the safe storage, prescribing, disp b. the facility intends to resume operation as an outp ensing, preparing and administering of drugs and biologicals atient abortion facility in the same service area; on the licensed premises. c. includes an attestation that the emergency or disa C. Storage Areas. The outpatient abortion facility shall pr ster is the sole casual factor in the interruption of the provisi ovide a designated secure storage area for storing drugs and on of services; and biologicals. d. includes an attestation that all clients have been d 1. The designated storage area shall be constructed an ischarged or transferred to another facility in accordance wit d maintained to prevent unauthorized access. h the provisions of this Chapter; 2. The designated storage area shall adhere to the man 2. resumes operating as an outpatient abortion facility ufacturer’s suggested recommendations for storage of drugs. in the same service area within one year of the issuance of a 3. Locked areas that are used to store medications incl n executive order or proclamation of emergency or disaster i uding controlled substances, shall conform to all applicable f n accordance with state law; ederal and state laws, and the outpatient abortion facility’s p 3. continues to pay all fees and costs due and owed to olicies and procedures. the department including, but not limited to, annual licensing D. The outpatient abortion facility shall maintain written fees and outstanding civil fines; and records documenting the ordering, receiving, dispensing, and 4. continues to submit required documentation and inf administering of drugs. ormation to the department. E. The outpatient abortion facility shall maintain written B. Upon receiving a completed request to inactivate an o records documenting the disposing of unused drugs. utpatient abortion facility license, the department shall issue F. The outpatient abortion facility shall maintain written a notice of inactivation of license to the facility. documentation of all drugs prescribed and/or dispensed to ea C. In order to obtain license reinstatement, an outpatient ch patient, including, but not limited to the: abortion facility with a department-issued notice of inactivati 1. full name of the patient; on of license shall: 2. name of the prescribing and/or dispensing physicia 1. submit a written license reinstatement request to HS n; S 60 days prior to the anticipated date of reopening. The writ 3. name and strength of the drug; ten request shall include: 4. quantity prescribed and/or dispensed; and a. the anticipated date of opening, and a request to s 5. date of issue. chedule a licensing survey; G. Preparation and Administration of Drugs. The outpati b. a completed licensing application, plan review ap ent abortion facility shall develop, implement, enforce, moni proval, if applicable, and other required documents with lice tor, and review annually written policies and procedures gov nsing fees, if applicable; and erning the preparation of drugs and biologicals. c. written approvals for occupancy from OSFM/Liv 1. The outpatient abortion facility shall ensure that all e Safety Code and OPH recommendation for license. drugs and biologicals are prepared and administered pursuan D. Upon receiving a completed written request to reinstat t to an order from an individual, employed or under contract e an outpatient abortion facility license and other required do ual agreement, who has prescriptive authority in accordance cumentation, the department shall conduct a licensing survey. with applicable state laws. Each order shall be in writing, pat ient specific, dated, timed, and signed by that individual. A c E. If the facility meets the requirements for licensure and opy of such orders shall be maintained in each, individual pa the requirements under this Section, the department shall iss tient medical record. ue a notice of reinstatement of the facility’s license. H. The outpatient abortion facility shall order and mainta F. During the period of inactivation, the department proh in a supply of emergency drugs for stabilizing and/or treatin ibits a change of ownership (CHOW) in the outpatient aborti g medical and surgical complications on the licensed premis on facility. es as authorized by the medical director.

Louisiana Register Vol. 40, No. 12 December 20, 2014 122 G. The provisions of this Section shall not apply to an ou and may result in nominal direct or indirect cost to the pro tpatient abortion facility which has voluntarily surrendered it vider to provide the same level of service. These provisions s license. may also negatively impact the provider’s ability to provide t H. Failure to comply with any of the provisions of this S he same level of service as described in HCR 170. ection shall be deemed a voluntary surrender of the facility’s Public Comments license. Interested persons may submit written comments to Cecile AUTHORITY NOTE: Promulgated in accordance with R.S. 40 Castello, Health Standards Section, P.O. Box 3767, Baton R 2175.1 et seq. ouge, LA 70821 or by email to [email protected]. Ms. HISTORICAL NOTE: Promulgated by the Department of Heal Castello is responsible for responding to inquiries regarding th and Hospitals, Bureau of Health Services Financing, LR 41: this proposed Rule. The deadline for receipt of all written co Family Impact Statement mments is 4:30 p.m. on the next business day following the In compliance with Act 1183 of the 1999 Regular Session public hearing. of the Louisiana Legislature, the impact of this proposed Rul Public Hearing e on the family has been considered. It is anticipated that this A public hearing on this proposed Rule is scheduled for T proposed Rule will have a positive impact on family functio hursday, January 29, 2015 at 9:30 a.m. in Room 118, Bienvil ning, stability or autonomy as described in R.S. 49:972 by en le Building, 628 North Fourth Street, Baton Rouge, LA. At t suring that outpatient abortion facilities protect the health an hat time all interested persons will be afforded an opportunit d safety of the patients receiving services. y to submit data, views or arguments either orally or in writi Poverty Impact Statement ng. In compliance with Act 854 of the 2012 Regular Session o f the Louisiana Legislature, the poverty impact of this propo Kathy H. Kliebert sed Rule has been considered. It is anticipated that this propo Secretary sed Rule will have no impact on child, individual, or family poverty in relation to individual or community asset develop FISCAL AND ECONOMIC IMPACT STATEMENT ment as described in R.S. 49:973. FOR ADMINISTRATIVE RULES Small Business Statement RULE TITLE: Abortion Facilities In compliance with Act 820 of the 2008 Regular Session o Licensing Standards f the Louisiana Legislature, the economic impact of this prop osed Rule on small businesses has been considered. It is anti I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO cipated that this proposed Rule may have an adverse impact STATE OR LOCAL GOVERNMENT UNITS (Summary) on small businesses, as described in R.S. 49:965.2 et seq., if It is anticipated that implementation of this proposed rule the requirements of these licensing changes increases the fin will have no programmatic fiscal impact to the state other than ancial burden on providers. With the resources available to t the cost of promulgation for FY 14-15. It is anticipated that he department, a regulatory flexibility analysis has been prep $12,636 (SGF) will be expended in FY 14-15 for the state’s ared in order to consider methods to minimize the potential a administrative expense for promulgation of this proposed rule dverse impact on small businesses. The department has deter and the final rule. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE mined that there is no less intrusive or less costly alternative OR LOCAL GOVERNMENTAL UNITS (Summary) methods of achieving the intended purpose since the changes It is anticipated that the implementation of this proposed result from legislative mandates. rule will not affect revenue collections since the licensing fees, Provider Impact Statement in the same amounts, will continue to be collected. In compliance with House Concurrent Resolution (HCR) III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO 170 of the 2014 Regular Session of the Louisiana Legislatur DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL e, the provider impact of this proposed Rule has been consid GROUPS (Summary) ered. It is anticipated that this proposed Rule may have an i This Rule proposes to repeal and replace the provisions mpact on the staffing level requirements or qualifications req governing the licensing of abortion facilities in compliance with legislative requirements, and to revise and clarify these uired to provide the same level of service provisions. It is anticipated that implementation of this proposed rule may have nominal economic costs to outpatient abortion facilities for FY 14-15, FY 15-16, and FY 16-17 by an indeterminable amount in order to ensure compliance with the new licensing standards, and may have an adverse impact on the smaller facilities/businesses as a result of the legislative mandated requirements which may require architectural/structural changes to the physical environment of the facility (approximately 8 facilities statewide). IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) This rule has no known effect on competition and employment.

Cecile Castello Evan Brasseaux Director Staff Director 1412#097 Legislative Fiscal Office

123 Louisiana Register Vol. 40, No. 12 December 20, 2014 NOTICE OF INTENT Chapter 267. Services §26701. Scope of Services Department of Health and Hospitals A. Free-standing birthing centers shall be reimbursed for Bureau of Health Services Financing labor and low-risk delivery services provided to Medicaid eli gible pregnant women by an obstetrician, family practitioner, Free-Standing Birthing Centers or certified nurse midwife. FSBC services are appropriate w (LAC 50:XV.Chapters 265-271) hen a normal, uncomplicated labor and birth is anticipated. B. Services shall be provided by the attending practitione The Department of Health and Hospitals, Bureau of Healt r from the time of the pregnant woman’s admission through t h Services Financing proposes to adopt LAC 50:XV.Chapter he birth and the immediate postpartum period. s 265-271 in the Medical Assistance Program as authorized b C. Service Limitation. FSBC staff shall not administer ge y R.S. 36:254 and pursuant to title XIX of the Social Securit neral or epidural anesthesia services. y Act. This proposed Rule is promulgated in accordance with AUTHORITY NOTE: Promulgated in accordance with R.S. 36 the provisions of the Administrative Procedure Act, R.S. 49: 254, and Title XIX of the Social Security Act. 950 et seq. HISTORICAL NOTE: Promulgated by the Department of Heal In an effort to reduce cost and facilitate access to care, the th and Hospitals, Bureau of Health Services Financing, LR 41: Department of Health and Hospitals, Bureau of Health Servi Chapter 269. Provider Participation ces Financing proposes to adopt provisions to establish cove §26901. General Provisions rage and reimbursement for labor and delivery services provi A. In order to enroll to participate in the Louisiana Medi ded to Medicaid eligible pregnant women by free-standing b caid Program as a Medicaid provider of labor and delivery s irthing centers (FSBCs). Coverage of labor and delivery serv ervices, the free-standing birthing center must: ices provided by FSBCs to low-risk pregnant women will pr 1. be accredited by the Commission for Accreditation ovide a non-hospital alternative which is expected to reduce of Birth Centers; and the costs associated with deliveries. 2. be approved/certified by the Medicaid Medical Dire Title 50 ctor. PUBLIC HEALTH—MEDICAL ASSISTANCE B. The FSBC shall be located within a 30 minute ground Part XV. Services for Special Populations travel time distance from a general acute care hospital with Subpart 18. Free-Standing Birthing Centers which the FSBC shall maintain a contractual relationship. Th Chapter 265. General Provisions e contractual relationship shall include a transfer agreement t §26501. Purpose hat allows for an emergency caesarian delivery to begin with A. The Medicaid Program shall provide coverage and rei in 30 minutes of the decision a caesarian delivery is necessar mbursement for labor and delivery services rendered by fre y. e-standing birthing centers (FSBCs). Stays for delivery at the AUTHORITY NOTE: Promulgated in accordance with R.S. 36 FSBC are typically less than 24 hours and the services rende 254, and Title XIX of the Social Security Act. red for labor and delivery are very limited, or non-existent, i HISTORICAL NOTE: Promulgated by the Department of Heal n comparison to delivery services rendered during inpatient th and Hospitals, Bureau of Health Services Financing, LR 41: hospital stays. §26903. Staffing Requirements AUTHORITY NOTE: Promulgated in accordance with R.S. 36 A. The FSBC shall have on staff: 254, and Title XIX of the Social Security Act. 1. a medical director with credentials of medical docto HISTORICAL NOTE: Promulgated by the Department of Heal r or doctor of osteopathy; and th and Hospitals, Bureau of Health Services Financing, LR 41: 2. a licensed obstetrician, family practitioner, or certifi §26503. Definitions ed nurse midwife who shall attend each woman in labor fro Birthing Center—a facility, for the primary purpose of per m the time of admission through birth and the immediate pos forming low-risk deliveries, that is not a hospital or licensed tpartum period. as part of a hospital, where births are planned to occur away AUTHORITY NOTE: Promulgated in accordance with R.S. 36 from the mother’s usual residence following a low-risk preg 254, and Title XIX of the Social Security Act. nancy. HISTORICAL NOTE: Promulgated by the Department of Heal Low-Risk Pregnancy—a normal, uncomplicated prenatal c th and Hospitals, Bureau of Health Services Financing, LR 41: ourse as determined by documentation of adequate prenatal Chapter 271. Reimbursement care and the anticipation of a normal, uncomplicated labor a §27101. Reimbursement Methodology nd birth, as defined by reasonable and generally accepted cri A. Effective for dates of service on or after April 1, 2015, teria adopted by professional groups for maternal, fetal, and reimbursement for labor and delivery services rendered in a f neonatal health care. ree-standing birthing center shall be equal to 90 percent of th Surrounding Hospital—a hospital located within a 20 mile e average per diem rates of surrounding hospitals providing t radius of the birthing center in urban areas and within a 30 m he same services. ile radius of the birthing center in rural areas. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 HISTORICAL NOTE: Promulgated by the Department of Heal 254, and Title XIX of the Social Security Act. th and Hospitals, Bureau of Health Services Financing, LR 41: HISTORICAL NOTE: Promulgated by the Department of Heal th and Hospitals, Bureau of Health Services Financing, LR 41:

Louisiana Register Vol. 40, No. 12 December 20, 2014 124 Implementation of the provisions of this Rule may be cont estimated net state general fund programmatic savings of ingent upon the approval of the U.S. Department of Health a $10,494 for FY 15-16, and $10,598 for FY 16-17. The potential nd Human Services, Centers for Medicare and Medicaid Ser savings associated with free-standing birthing centers will not vices (CMS), if it is determined that submission to CMS for be realized until FY 15-16 due to the timeliness of provider enrollment and claims, and the targeted group eligible date for review and approval is required. services. It is anticipated that $648 ($324 SGF and $324 FED) Family Impact Statement will be expended in FY 14-15 for the state’s administrative In compliance with Act 1183 of the 1999 Regular Session expense for promulgation of this proposed Rule and the final of the Louisiana Legislature, the impact of this proposed Rul Rule. The numbers reflected above are based on a blended e on the family has been considered. It is anticipated that this Federal Medical Assistance Percentage (FMAP) rate of 62.17 proposed Rule may have a positive impact on family functio percent in FY 15-16. The enhanced rate of 62.11 percent for ning, stability and autonomy as described in R.S. 49:972 by the first three months of FY 15 is the federal rate for disaster- allowing recipient access to birthing centers for labor and del recovery FMAP adjustment states. ivery services that may promote faster recovery, have less re II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) strictions, and be less disruptive to family routines. It is anticipated that the implementation of this proposed Poverty Impact Statement rule will not affect revenue collections other than the federal In compliance with Act 854 of the 2012 Regular Session o share of the promulgation costs for FY 14-15, but will reduce f the Louisiana Legislature, the poverty impact of this propo federal revenue collections by approximately $17,245 for FY sed Rule has been considered. It is anticipated that this propo 15-16, $17,418 for FY 16-17. It is anticipated that $324 will be sed Rule may have a positive impact on child, individual, or collected in FY 14-15 for the federal share of the expense for family poverty in relation to individual or community asset d promulgation of this proposed rule and the final rule. The evelopment as described in R.S. 49:973 by reducing the fina numbers reflected above are based on a blended Federal Medical Assistance Percentage (FMAP) rate of 62.17 percent ncial burden on families who incur costs associated with hos in FY 15-16. The enhanced rate of 62.11 percent for the first pital labor and delivery, extended hospital stays, and prolong three months of FY 15 is the federal rate for disaster-recovery ed recovery. FMAP adjustment states. Provider Impact Statement III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO In compliance with House Concurrent Resolution 170 of t DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL he 2014 Regular Session of the Louisiana Legislature, the pr GROUPS (Summary) ovider impact of this proposed Rule has been considered. It i This proposed Rule adopts provisions to establish coverage s anticipated that this proposed Rule will have no impact on t and reimbursement for labor and delivery services provided to he staffing level requirements or qualifications required to pr Medicaid eligible women by free-standing birthing centers (FSBCs). It is anticipated that implementation of this proposed ovide the same level of service, no direct or indirect cost to t rule will reduce expenditures in the Medicaid program by he provider to provide the same level of service, and will ha approximately $27,739 for FY 15-16, and $28,016 for FY 16- ve no impact on the provider’s ability to provide the same le 17 since free-standing birthing center reimbursements are less vel of service as described in HCR 170. than hospital reimbursements for deliveries. Public Comments IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT Interested persons may submit written comments to J. Rut (Summary) h Kennedy, Bureau of Health Services Financing, P.O. Box 9 This rule has no known effect on competition and 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid employment. [email protected]. Ms. Kennedy is responsible for responding t J. Ruth Kennedy Evan Brasseaux o inquiries regarding this proposed Rule. The deadline for re Medicaid Director Staff Director ceipt of all written comments is 4:30 p.m. on the next busine 1412#098 Legislative Fiscal Office ss day following the public hearing. Public Hearing NOTICE OF INTENT A public hearing on this proposed Rule is scheduled for T Department of Health and Hospitals hursday, January 29, 2015 at 9:30 a.m. in Room 118, Bienvil Bureau of Health Services Financing le Building, 628 North Fourth Street, Baton Rouge, LA. At t hat time all interested persons will be afforded an opportunit y to submit data, views or arguments either orally or in writi Intermediate Care Facilities for Persons ng. with Intellectual Disabilities Provider Fee Increase Kathy H. Kliebert (LAC 50:VII.32903) Secretary The Department of Health and Hospitals, Bureau of Healt FISCAL AND ECONOMIC IMPACT STATEMENT h Services Financing proposes to amend LAC 50:VII.32903 FOR ADMINISTRATIVE RULES in the Medical Assistance Program as authorized by R.S. 36: RULE TITLE: Free-Standing Birthing Centers 254 and pursuant to title XIX of the Social Security Act. Thi s proposed Rule is promulgated in accordance with the provi I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO sions of the Administrative Procedure Act, R.S. 49:950 et se STATE OR LOCAL GOVERNMENT UNITS (Summary) q. It is anticipated that implementation of this proposed rule Due to a budgetary shortfall in state fiscal year 2013, the will have no programmatic fiscal impact to the state other than Department of Health and Hospitals, Bureau of Health Servi the cost of promulgation for FY 14-15, but will result in ces Financing amended the provisions governing the reimbur

125 Louisiana Register Vol. 40, No. 12 December 20, 2014 sement methodology for non-state intermediate care facilitie [email protected]. Ms. Kennedy is responsible for responding t s for persons with developmental disabilities (ICFs/DD), her o inquiries regarding this proposed Rule. The deadline for re eafter referred to as intermediate care facilities for persons w ceipt of all written comments is 4:30 p.m. on the next busine ith intellectual disabilities (ICFs/ID), to reduce the per diem ss day following the public hearing. rates (Louisiana Register, Volume 39, Number 10). Public Hearing The department promulgated an Emergency Rule which a A public hearing on this proposed Rule is scheduled for T mended the provisions governing the reimbursement method hursday, January 29, 2015 at 9:30 a.m. in Room 118, Bienvil ology for ICFs/ID to increase the add-on amount to the per d le Building, 628 North Fourth Street, Baton Rouge, LA. At t iem rate for the provider fee (Louisiana Register, Volume 40, hat time all interested persons will be afforded an opportunit Number 3). This proposed Rule is being promulgated to cont y to submit data, views or arguments either orally or in writi inue the provisions of the April 1, 2014 Emergency Rule. ng. Title 50 PUBLIC HEALTHMEDICAL ASSISTANCE Kathy H. Kliebert Part VII. Long Term Care Secretary Subpart 3. Intermediate Care Facilities for Persons with Intellectual Disabilities FISCAL AND ECONOMIC IMPACT STATEMENT Chapter 329. Reimbursement Methodology FOR ADMINISTRATIVE RULES Subchapter A. Non-State Facilities RULE TITLE: Intermediate Care Facilities for Persons §32903. Rate Determination with Intellectual DisabilitiesProvider Fee Increase A. - D.4.d. ... i. Effective for dates of service on or after April 1, I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO 2014, the add-on amount to each ICF/ID’s per diem rate for STATE OR LOCAL GOVERNMENT UNITS (Summary) the provider fee shall be increased to $16.15 per day. It is anticipated that the implementation of this proposed E. - M. ... rule will result in estimated state general fund programmatic costs of $819,196 for FY 14-15, $841,104 for FY 15-16 and AUTHORITY NOTE: Promulgated in accordance with R.S. 36 $866,337 for FY 16-17; however the state match required shall 254 and Title XIX of the Social Security Act. be offset by an increase in revenue collections from the HISTORICAL NOTE: Promulgated by the Department of Heal provider fees collected from intermediate care facilities for th and Hospitals, Office of the Secretary, Bureau of Health Services persons with intellectual disabilities (ICFs/ID). It is anticipated Financing, LR 31:2253 (September 2005), amended LR 33:462 (M that $432 ($216 SGF and $216 FED) will be expended in FY arch 2007), LR 33:2202 (October 2007), amended by the Departme 14-15 for the state’s administrative expense for promulgation nt of Health and Hospitals, Bureau of Health Services Financing, L of this proposed rule and the final rule. The numbers reflected R 36:1555 (July 2010), LR 37:3028 (October 2011), LR 39:1780 (J above are based on a blended Federal Medical Assistance uly 2013), LR 39:2766 (October 2013), LR 41: Percentage (FMAP) rate of 62.06 percent in FY 14-15 and Family Impact Statement 62.17 in FY 15-16. The enhanced rate of 62.11 percent for the In compliance with Act 1183 of the 1999 Regular Session first three months of FY 15 is the federal rate for disaster- of the Louisiana Legislature, the impact of this proposed Rul recovery FMAP adjustment states. e on the family has been considered. It is anticipated that this II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE proposed Rule will have no impact on family functioning, st OR LOCAL GOVERNMENTAL UNITS (Summary) ability and autonomy as described in R.S. 49:972. It is anticipated that the implementation of this proposed Poverty Impact Statement rule will increase federal revenue collections by approximately In compliance with Act 854 of the 2012 Regular Session o $1,339,856 for FY 14-15, $1,382,275 for FY 15-16 and $1,423,743 for FY 16-17. It is anticipated that $216 will be f the Louisiana Legislature, the poverty impact of this propo expended in FY 14-15 for the federal administrative expenses sed Rule has been considered. It is anticipated that this propo for promulgation of this proposed rule and the final rule. The sed Rule will have no impact on child, individual, or family numbers reflected above are based on a blended Federal poverty in relation to individual or community asset develop Medical Assistance Percentage (FMAP) rate of 62.06 percent ment as described in R.S. 49:973. in FY 14-15 and 62.17 in FY 15-16. The enhanced rate of Provider Impact Statement 62.11 percent for the first three months of FY 15 is the federal In compliance with House Concurrent Resolution (HCR) rate for disaster-recovery FMAP adjustment states. 170 of the 2014 Regular Session of the Louisiana Legislatur III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO e, the provider impact of this proposed Rule has been consid DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) ered. It is anticipated that this proposed Rule will have no im This proposed Rule continues the provisions of the April 1, pact on the staffing level requirements or qualifications requi 2014 Emergency Rule which amended the provisions red to provide the same level of service, but may reduce the t governing the reimbursement methodology for intermediate otal direct and indirect cost to the provider to provide the sa care facilities for persons with intellectual disabilities (ICFs/ID) me level of service, and may enhance the provider’s ability t to increase the add-on amount to the per diem rate for the o provide the same level of service as described in HCR 170 provider fee. It is anticipated that implementation of this since this proposed Rule increases payments to providers for proposed rule will increase program expenditures for ICFs/ID the same services they already render. Public Comments Interested persons may submit written comments to J. Rut h Kennedy, Bureau of Health Services Financing, P.O. Box 9 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid

Louisiana Register Vol. 40, No. 12 December 20, 2014 126 by approximately $2,158,620 for FY 14-15, $2,223,379 for AUTHORITY NOTE: Promulgated in accordance with R.S. 46 FY 15-16 and $2,290,080 for FY 16-17. 153, R.S. 49:1008(A), P.L. 98-369, and Title XIX of the Social Sec IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT urity Act. (Summary) HISTORICAL NOTE: Promulgated by the Department of Heal It is anticipated that the implementation of this proposed th and Hospitals, Office of the Secretary, Bureau of Health Services rule will not have an effect on competition and employment. Financing, LR 28:1025 (May 2002), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 35: J. Ruth Kennedy Evan Brasseaux 1897 (September 2009), LR 36:1248 (June 2010), LR 36:2563 (No Medicaid Director Staff Director vember 2010), LR 37:3028 (October 2011), amended by the Depart 1412#099 Legislative Fiscal Office ment of Health and Hospitals, Bureau of Health Services Financing and the Office of Public Health, LR 39:95 (January 2013), amended NOTICE OF INTENT by the Department of Health and Hospitals, Bureau of Health Servi ces Financing, LR 39:1284 (May 2013), LR 41: Department of Health and Hospitals §4334. Radiology Services Bureau of Health Services Financing A. - J. … K. Effective for dates of service on or after May 20, 201 Laboratory and Radiology Services 4, the reimbursement for radiology services shall be based o Reimbursement Methodology n usual and customary billed charges or the Medicaid fee on Manual Pricing file as of May 19, 2014, whichever is lesser. (LAC 50:XIX.Chapter 43) 1. If radiology services do not have Medicare establis hed rates, fees will be based on review of statewide billed ch The Department of Health and Hospitals, Bureau of Healt arges for that service in comparison with set charges for simi h Services Financing proposes to amend LAC 50:XIX.Chapt lar services. er 43 in the Medical Assistance Program as authorized by R. 2. If there is no similar service, fees are based upon th S. 36:254 and pursuant to title XIX of the Social Security Ac e consultant physicians’ review and recommendations. t. This proposed Rule is promulgated in accordance with the 3. Reimbursement shall be the lesser of the billed char provisions of the Administrative Procedure Act, R.S. 49:950 ges or the Medicaid fee on file. et seq. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 Due to a budgetary shortfall in state fiscal year 2013, the 254 and Title XIX of the Social Security Act. Department of Health and Hospitals, Bureau of Health Servi HISTORICAL NOTE: Promulgated by the Department of Heal ces Financing amended the provisions governing the reimbur th and Hospitals, Bureau of Health Services Financing, LR 35:1897 sement methodology for laboratory and radiology services to (September 2009), amended LR 36:1248 (June 2010), LR 36:2563 reduce the reimbursement rates (Louisiana Register, Volume (November 2010), LR 37:3029 (October 2011), LR 39:1284 (May 39, Number 5). The department promulgated an Emergency 2013), LR 41: Rule which amended the provisions governing the reimburse §4335. Portable Radiology Services ment methodology for laboratory and radiology services to a A. - H. … dopt a manual pricing payment methodology for covered ser I. Effective for dates of service on or after May 20, 201 vices that do not have Medicare established rates (Louisiana 4, the reimbursement for portable radiology services shall be Register, Volume 40, Number 5). This proposed Rule is bein based on usual and customary billed charges or the Medicaid g promulgated to continue the provisions of the May 20, 201 fee on file as of May 19, 2014, whichever is lesser. 4 Emergency Rule. 1. If portable radiology services do not have Medicar Title 50 e established rates, fees will be based on review of statewide PUBLIC HEALTH—MEDICAL ASSISTANCE billed charges for that service in comparison with set charges Part XIX. Other Services for similar services. Subpart 3. Laboratory and X-Ray 2. If there is no similar service, fees are based upon th Chapter 43. Billing and Reimbursement e consultant physicians’ review and recommendations. Subchapter B. Reimbursement 3. Reimbursement shall be the lesser of the billed char §4329. Laboratory Services (Physicians and Independe ges or the Medicaid fee on file. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 nt Laboratories) 254 and Title XIX of the Social Security Act. A. - L.3.a. … HISTORICAL NOTE: Promulgated by the Department of Heal M. Effective for dates of service on or after May 20, 201 th and Hospitals, Bureau of Health Services Financing, LR 30:1026 4, the reimbursement for laboratory services shall be based o (May 2004), amended LR 35:1898 (September 2009), amended LR n usual and customary billed charges or the Medicaid fee on 36:1248 (June 2010), LR 36:2563 (November 2010), LR 37:3029 file as of May 19, 2014, whichever is lesser. (October 2011), LR 39:1284 (May 2013), LR 41: 1. If laboratory services do not have Medicare establis §4337. Radiation Therapy Centers hed rates, fees will be based on review of statewide billed ch A. - H. … arges for that service in comparison with set charges for simi I. Effective for dates of service on or after May 20, 201 lar services. 4, the reimbursement for radiology services provided by radi 2. If there is no similar service, fees are based upon th ation therapy centers shall be based on usual and customary e consultant physicians’ review and recommendations. billed charges or the Medicaid fee on file as of May 19, 2014, 3. Reimbursement shall be the lesser of the billed char whichever is lesser. ges or the Medicaid fee on file.

127 Louisiana Register Vol. 40, No. 12 December 20, 2014 1. If radiology services provided by radiation therapy FISCAL AND ECONOMIC IMPACT STATEMENT centers do not have Medicare established rates, fees will be b FOR ADMINISTRATIVE RULES ased on review of statewide billed charges for that service in RULE TITLE: Laboratory and Radiology Services comparison with set charges for similar services. Reimbursement MethodologyManual Pricing 2. If there is no similar service, fees are based upon th e consultant physicians’ review and recommendations. I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO 3. Reimbursement shall be the lesser of the billed char STATE OR LOCAL GOVERNMENT UNITS (Summary) ges or the Medicaid fee on file. It is anticipated that implementation of this proposed rule AUTHORITY NOTE: Promulgated in accordance with R.S. 36 will have no programmatic fiscal impact to the state other than 254 and Title XIX of the Social Security Act. the cost of promulgation for FY 14-15. It is anticipated that HISTORICAL NOTE: Promulgated by the Department of Heal $756 ($378 SGF and $378 FED) will be expended in FY 14-15 th and Hospitals, Bureau of Health Services Financing, LR 35:1898 for the state’s administrative expense for promulgation of this (September 2009), amended LR 36:1248 (June 2010), LR 36:2563 proposed rule and the final rule. (November 2010), LR 37:3029 (October 2011), LR 39:1284 (May II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE 2013), LR 41: OR LOCAL GOVERNMENTAL UNITS (Summary) Family Impact Statement It is anticipated that the implementation of this proposed In compliance with Act 1183 of the 1999 Regular Session rule will not affect revenue collections other than the federal share of the promulgation costs for FY 14-15. It is anticipated of the Louisiana Legislature, the impact of this proposed Rul that $378 will be collected in FY 14-15 for the federal share of e on the family has been considered. It is anticipated that this the expense for promulgation of this proposed rule and the final proposed Rule will have no impact on family functioning, st rule. ability and autonomy as described in R.S. 49:972. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO Poverty Impact Statement DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL In compliance with Act 854 of the 2012 Regular Session o GROUPS (Summary) f the Louisiana Legislature, the poverty impact of this propo This proposed Rule continues the provisions of the May 20, sed Rule has been considered. It is anticipated that this propo 2014 Emergency Rule which amended the provisions governing the reimbursement methodology for laboratory and sed Rule will have no impact on child, individual, or family radiology services to adopt a manual pricing payment poverty in relation to individual or community asset develop methodology for covered services that do not have Medicare ment as described in R.S. 49:973. established rates in order to ensure that the rule is consistent Provider Impact Statement with the current practices for establishing reimbursement rates In compliance with House Concurrent Resolution (HCR) for these types of covered services. It is anticipated that 170 of the 2014 Regular Session of the Louisiana Legislatur implementation of this proposed rule will not have economic e, the provider impact of this proposed Rule has been consid costs or benefits for FY 14-15, FY 15-16, and FY 16-17. ered. It is anticipated that this proposed Rule will have no im IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT pact on the staffing level requirements or qualifications requi (Summary) This rule has no known effect on competition and red to provide the same level of service, no direct or indirect employment. cost to the provider to provide the same level of service, and will have no impact on the provider’s ability to provide the s J. Ruth Kennedy Evan Brasseaux ame level of service as described in HCR 170. Medicaid Director Staff Director Public Comments 1412#100 Legislative Fiscal Office Interested persons may submit written comments to J. Rut h Kennedy, Bureau of Health Services Financing, P.O. Box 9 NOTICE OF INTENT 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid Department of Health and Hospitals [email protected]. Ms. Kennedy is responsible for responding t Bureau of Health Services Financing o inquiries regarding this proposed Rule. The deadline for re and ceipt of all written comments is 4:30 p.m. on the next busine Office of Aging and Adult Services ss day following the public hearing. Public Hearing Personal Care Services—Long-Term A public hearing on this proposed Rule is scheduled for T Freedom of Choice and Service Delivery hursday, January 29, 2015 at 9:30 a.m. in Room 118, Bienvil (LAC 50:XV.12901 and 12913) le Building, 628 North Fourth Street, Baton Rouge, LA. At t hat time all interested persons will be afforded an opportunit The Department of Health and Hospitals, Bureau of Healt y to submit data, views or arguments either orally or in writi h Services Financing and the Office of Aging and Adult Serv ng. ices propose to amend LAC 50:XV.12901 and §12913 in the Medical Assistance Program as authorized by R.S. 36:254 an Kathy H. Kliebert d pursuant to Title XIX of the Social Security Act. This prop Secretary osed Rule is promulgated in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.

Louisiana Register Vol. 40, No. 12 December 20, 2014 128 The Department of Health and Hospitals, Bureau of Healt Department of Health and Hospitals, Bureau of Health Services h Services Financing provides long-term personal care servic Financing and the Office of Aging and Adult Services, LR 35:2450 es (LT-PCS) under the Medicaid state plan. The department (November 2009), LR 39:2506 (September 2013), LR 41: promulgated an Emergency Rule which amended the provisi §12913. Service Delivery ons governing LT-PCS in order to restrict the number of parti A. - B. … cipants an individual can concurrently represent, and to adop C. Participants are not permitted to receive LT-PCS whil t provisions for the removal of service providers from the L e living in a home or property owned, operated, or controlled T-PCS freedom of choice list when certain departmental pro by an owner, operator, agent, or employee of a licensed prov ceedings are pending against the provider, and to offer freed ider of long-term care services, and providers are prohibited om of choice to the provider’s LT-PCS participants. This Em from providing and billing for services under these circumst ergency Rule also clarifies the provisions governing service ances. Participants may not live in the home of a direct supp delivery (Louisiana Register, Volume 40, Number 5). This pr ort worker unless the direct support worker is related by bloo oposed Rule is being promulgated to continue the provisions d or marriage to the participant. of the May 20, 2014 Emergency Rule. 1. The provisions of §12913.C may be waived with pr Title 50 ior written approval by OAAS or its designee. PUBLIC HEALTH—MEDICAL ASSISTANCE D. - F. ... Part XV. Services for Special Populations AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. Subpart 9. Personal Care Services HISTORICAL NOTE: Promulgated by the Department of Heal Chapter 129. Long Term Care th and Hospitals, Office of the Secretary, Bureau of Health Services §12901. General Provisions Financing, LR 29:913 (June 2003), amended LR 30:2833 (Decemb A. - F.2.b. … er 2004), amended by the Department of Health and Hospitals, Offi 3. No individual may concurrently serve as a responsi ce of Aging and Adult Services, LR 34:2581 (December 2008), am ble representative for more than two participants in OAAS-o ended by the Department of Health and Hospitals, Bureau of Health perated Medicaid home and community-based service progr Services Financing and the Office of Aging and Adult Services, LR ams. This includes but is not limited to: 39:2509 (September 2013), LR 41: a. the Program of All-Inclusive Care for the Elderly; Implementation of the provisions of this Rule may be cont b. long-term personal care services; ingent upon the approval of the U.S. Department of Health a c. the community choices waiver; and nd Human Services, Centers for Medicare and Medicaid Ser d. the adult day health care waiver. vices (CMS), if it is determined that submission to CMS for G. The Department of Health and Hospitals may remove review and approval is required. an LT-PCS service provider from the LT-PCS provider freed Family Impact Statement om of choice list and offer freedom of choice to LT-PCS part In compliance with Act 1183 of the 1999 Regular Session icipants when: of the Louisiana Legislature, the impact of this proposed Rul 1. one or more of the following departmental proceedi e on the family has been considered. It is anticipated that this ngs are pending against a LT-PCS participant’s service provi proposed Rule will have a positive impact on family functio der: ning, stability and autonomy as described in R.S. 49:972 by a. revocation of the provider’s home and communit ensuring the integrity of LT-PCS participants’ freedom of ch y-based services license; oice in the selection of available qualified service providers b. exclusion from the Medicaid Program; as well as ensuring quality services are provided. c. termination from the Medicaid Program; or Poverty Impact Statement d. withholding of Medicaid reimbursement as autho In compliance with Act 854 of the 2012 Regular Session o rized by the department’s surveillance and utilization review f the Louisiana Legislature, the poverty impact of this propo (SURS) Rule (LAC 50:I.Chapter 41); sed Rule has been considered. It is anticipated that this propo 2. the service provider fails to timely renew its home a sed Rule will have no impact on child, individual, or family nd community-based services license as required by the hom poverty in relation to individual or community asset develop e and community-based services providers licensing standar ment as described in R.S. 49:973. ds Rule (LAC 48:I.Chapter 50); or Provider Impact Statement 3. the service provider’s assets have been seized by th In compliance with House Concurrent Resolution (HCR) e Louisiana Attorney General’s Office. 170 of the 2014 Regular Session of the Louisiana Legislatur AUTHORITY NOTE: Promulgated in accordance with R.S. 36 e, the provider impact of this proposed Rule has been consid 254 and Title XIX of the Social Security Act. ered. It is anticipated that this proposed Rule will have no im HISTORICAL NOTE: Promulgated by the Department of Heal pact on the staffing level requirements or qualifications requi th and Hospitals, Office of the Secretary, Bureau of Health Services red to provide the same level of service, no direct or indirect Financing, LR 29:911 (June 2003), amended LR 30:2831 (Decemb cost to the provider to provide the same level of service, and er 2004), amended by the Department of Health and Hospitals, Offi will have no impact on the provider’s ability to provide the s ce of Aging and Adult Services, LR 32:2082 (November 2006), LR ame level of service as described in HCR 170. 34:2577 (December 2008), amended by the

129 Louisiana Register Vol. 40, No. 12 December 20, 2014 Public Comments Interested persons may submit written comments to J. Rut NOTICE OF INTENT h Kennedy, Bureau of Health Services Financing, P.O. Box 9 Department of Health and Hospitals 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid Bureau of Health Services Financing [email protected]. Ms. Kennedy is responsible for responding t o inquiries regarding this proposed Rule. The deadline for re Professional Services Program ceipt of all written comments is 4:30 p.m. on the next busine Physicians Services ss day following the public hearing. Reimbursement Methodology Public Hearing (LAC 50:IX.15113) A public hearing on this proposed Rule is scheduled for T hursday, January 29, 2015 at 9:30 a.m. in Room 118, Bienvil le Building, 628 North Fourth Street, Baton Rouge, LA. At t The Department of Health and Hospitals, Bureau of Healt hat time all interested persons will be afforded an opportunit h Services Financing proposes to amend LAC 50:IX.15113 i y to submit data, views or arguments either orally or in writi n the Medical Assistance Program as authorized by R.S. 36:2 ng. 54 and pursuant to Title XIX of the Social Security Act. This proposed Rule is promulgated in accordance with the provisi ons of the Administrative Procedure Act, R.S. 49:950 et seq. Kathy H. Kliebert As a result of a budgetary shortfall in state fiscal year 201 Secretary 3, the Department of Health and Hospitals, Bureau of Health Services Financing amended the provisions governing the rei FISCAL AND ECONOMIC IMPACT STATEMENT mbursement methodology for physician services to reduce th FOR ADMINISTRATIVE RULES e reimbursement rates and discontinue reimbursement for ce RULE TITLE: Personal Care Services—Long-Term rtain procedures (Louisiana Register, Volume 39, Number 1 Freedom of Choice and Service Delivery 2). The department promulgated an Emergency Rule which a I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO mended the provisions governing the reimbursement method STATE OR LOCAL GOVERNMENT UNITS (Summary) ology for physician services to adopt a manual pricing paym It is anticipated that implementation of this proposed Rule ent methodology for covered services that do not have Medi will have no programmatic fiscal impact to the state other than care established rates (Louisiana Register, Volume 40, Numb the cost of promulgation for FY 14-15. It is anticipated that er 5). This proposed Rule is being promulgated to continue t $648 ($324 SGF and $324 FED) will be expended in FY 14-15 he provisions of the May 20, 2014 Emergency Rule. for the state’s administrative expense for promulgation of this Title 50 proposed Rule and the final Rule. PUBLIC HEALTH—MEDICAL ASSISTANCE II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE Part IX. Professional Services Program OR LOCAL GOVERNMENTAL UNITS (Summary) It is anticipated that the implementation of this proposed Subpart 15. Reimbursement Rule will not affect revenue collections other than the federal Chapter 151. Reimbursement Methodology share of the promulgation costs for FY 14-15. It is anticipated Subchapter B. Physician Services that $324 will be collected in FY 14-15 for the federal share of §15113. Reimbursement the expense for promulgation of this proposed Rule and the A. - I.3. ... final Rule. J. - J.4. Reserved. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO K. ... DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL L. The reimbursement for newly payable services not co GROUPS (Summary) This proposed Rule continues the provisions of the May 20, vered by Medicare, when there is no established rate set by 2014 Emergency Rule which amended the provisions Medicare, shall be based on review of statewide billed charg governing LT-PCS in order to restrict the number of es for that service in comparison with set charges of a simila participants an individual can concurrently represent, and to r service. adopt provisions for the removal of service providers from the 1. If there is no similar procedure or service, the reimb waiver freedom of choice list when certain departmental ursement shall be based upon a consultant physicians’ revie proceedings are pending against the provider, and to offer w and recommendations. freedom of choice to the provider’s waiver participants. This 2. For procedures which do not have established Medi proposed Rule also clarifies the provisions governing service care fees, the Department of Health and Hospitals, or its desi delivery. It is anticipated that implementation of this proposed Rule will not have economic costs or benefits for FY 14-15, FY gnee, shall make determinations based upon a review of stat 15-16, and FY 16-17. ewide billed charges for that service in comparison with set c IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT harges for similar services. (Summary) 3. Reimbursement shall be the lesser of the billed char This Rule has no known effect on competition and ges or the Medicaid fee on file. employment. AUTHORITY NOTE: Promulgated in accordance with R.S. 36 254 and Title XIX of the Social Security Act. J. Ruth Kennedy Evan Brasseaux HISTORICAL NOTE: Promulgated by the Department of Heal Medicaid Director Staff Director th and Hospitals, Bureau of Health Services Financing, LR 1412#101 Legislative Fiscal Office

Louisiana Register Vol. 40, No. 12 December 20, 2014 130 36:1252 (June 2010), amended LR 36:2282 (October 2010), ame that $216 will be collected in FY 14-15 for the federal share of nded LR 37:904 (March 2011), LR 39:3301 (December 2013), LR the expense for promulgation of this proposed Rule and the 41: final Rule. Family Impact Statement III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO In compliance with Act 1183 of the 1999 Regular Session DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL of the Louisiana Legislature, the impact of this proposed Rul GROUPS (Summary) e on the family has been considered. It is anticipated that this This proposed Rule continues the provisions of the May 20, 2014 Emergency Rule which amended the provisions proposed Rule will have no impact on family functioning, st governing the reimbursement methodology for physician ability and autonomy as described in R.S. 49:972. services to adopt a manual pricing payment methodology for Poverty Impact Statement covered services that do not have Medicare established rates in In compliance with Act 854 of the 2012 Regular Session o order to ensure that the rule is consistent with the current f the Louisiana Legislature, the poverty impact of this propo practices for establishing reimbursement rates for these types of sed Rule has been considered. It is anticipated that this propo covered services. It is anticipated that implementation of this sed Rule will have no impact on child, individual, or family proposed rule will not have economic costs or benefits for poverty in relation to individual or community asset develop physician services for FY 14-15, FY 15-16 and FY 16-17. ment as described in R.S. 49:973. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) Provider Impact Statement This rule has no known effect on competition and In compliance with House Concurrent Resolution (HCR) employment. 170 of the 2014 Regular Session of the Louisiana Legislatur e, the provider impact of this proposed Rule has been consid J. Ruth Kennedy Evan Brasseaux ered. It is anticipated that this proposed Rule will have no im Medicaid Director Staff Director pact on the staffing level requirements or qualifications requi 1412#102 Legislative Fiscal Office red to provide the same level of service, no direct or indirect cost to the provider to provide the same level of service, and NOTICE OF INTENT will have no impact on the provider’s ability to provide the s Department of Natural Resources ame level of service as described in HCR 170. Office of Conservation Public Comments Interested persons may submit written comments to J. Rut Carbon Dioxide Enhanced Oil Recovery (LAC 43:XIX.405) h Kennedy, Bureau of Health Services Financing, P.O. Box 9 1030, Baton Rouge, LA 70821-9030 or by email to Medicaid The Department of Natural Resources, Office of Conserva [email protected]. Ms. Kennedy is responsible for responding t tion proposes to amend LAC 43:XIX.Subpart 1 in accordanc o inquiries regarding this proposed Rule. The deadline for re e with the provisions of the Administrative Procedure Act, R. ceipt of all written comments is 4:30 p.m. on the next busine S. 49:950 et seq., and pursuant to the power delegated under ss day following the public hearing. the laws of the state of Louisiana. The proposed amendment Public Hearing is made to implement application requirements for carbon di A public hearing on this proposed Rule is scheduled for T oxide enhanced oil recovery. hursday, January 29, 2015 at 9:30 a.m. in Room 118, Bienvil Title 43 le Building, 628 North Fourth Street, Baton Rouge, LA. At t NATURAL RESOURCES hat time all interested persons will be afforded an opportunit Part XIX. Office of ConservationGeneral Operations y to submit data, views or arguments either orally or in writi Subpart 1. Statewide Order No. 29-B ng. Chapter 4. Pollution Control (Class II Injection/Disp osal Well Regulations) Kathy H. Kliebert Editor's Note: Statewide Order 29-B was originally codified Secretary in LAC 43:XIX as §129. In December 2000, §129 was restructured into Chapters 3, 4 and 5. Chapter 3 contains the oilfield pit regulations. Chapter 4 contains the FISCAL AND ECONOMIC IMPACT STATEMENT injection/disposal well regulations. Chapter 5 contains the FOR ADMINISTRATIVE RULES commercial facility regulations. A cross-reference chart in the RULE TITLE: Professional Services Program December 2000 Louisiana Register, page 2798, indicates the Physicians Services—Reimbursement Methodology locations for the rules in each existing Section. §405. Application Requirements for New Enhanced Re I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO covery Injection and New Saltwater Disposal We STATE OR LOCAL GOVERNMENT UNITS (Summary) lls It is anticipated that implementation of this proposed Rule A. - B.5.f. … will have no programmatic fiscal impact to the state other than C. Area of Review for Enhanced Oil Recovery Wells Inj the cost of promulgation for FY 14-15. It is anticipated that ecting Carbon Dioxide $432 ($216 SGF and $216 FED) will be expended in FY 14-15 1. The area of review (AOR) will be the project area p for the state’s administrative expense for promulgation of this lus the surrounding region where USDWs may be endangere proposed Rule and the final Rule. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE d by the carbon dioxide (CO2) injection activities, at a minim OR LOCAL GOVERNMENTAL UNITS (Summary) um, no less than 1/4 mile beyond the project area. The AOR It is anticipated that the implementation of this proposed will be delineated by a computational model acceptable to th Rule will not affect revenue collections other than the federal e commissioner. For enhanced oil recovery (EOR) projects i

share of the promulgation costs for FY 14-15. It is anticipated njecting CO2 that are permitted as of the effective date of the

131 Louisiana Register Vol. 40, No. 12 December 20, 2014 se regulations, the owner or operator of the project has thirty a. within one year of an area of review reevaluation; days from the effective date of these regulations to submit a b. following any significant changes to the facility, s plan to the commissioner to come into compliance with §405. uch as addition of injection or monitoring wells; or C, D, and E. c. when required by the commissioner.

2. The owner or operator of a class II EOR CO2 injecti AUTHORITY NOTE: Promulgated in accordance with R.S. 30 on well must submit a plan acceptable to the commissioner t 4 et seq. HISTORICAL NOTE: Promulgated by the Department of Natu o periodically reevaluate the AOR for the proposed CO2 EO R project and perform corrective action for any identified de ral Resources, Office of Conservation, LR 26:2807 (December 200 0), amended LR 41: ficient wells. The AOR must be reevaluated on a frequency n Family Impact Statement ot to exceed five years. This Rule has no known impact on family formation, stabi 3. The owner or operator of the class II EOR CO inje 2 lity, and autonomy as described in R.S. 49:972. ction well must identify all penetrations within the defined A Poverty Impact Statement OR including active and abandoned wells, underground min This Rule has no known impact on poverty as described in es, and any other man-made penetrations that penetrate the c R.S. 49:973. onfining and injection zones. Small Business Statement 4. The owner or operator must determine which wells This Rule has no known impact on small businesses as des within the AOR have been constructed and/or plugged in a cribed in R.S. 49:965.6. manner that prevents movement of CO or other fluids that 2 Provider Impact Statement may endanger USDWs, and any wells which may require co This Rule has no known impact on providers as described rrective action to ensure protection of USDWs. in HCR 170 of 2014. D. Corrective Action for Enhanced Oil Recovery Project Public Comments s Injecting Carbon Dioxide All interested parties will be afforded the opportunity to su 1. Owners or operators of class II EOR CO injection 2 bmit data, views, or arguments, orally or in writing at the pu wells must perform corrective action on all wells in the area blic hearing in accordance with R.S. 49:953. Written comme of review that the commissioner has determined to require c nts will be accepted until 4:30 p.m., February 4, 2015, at Off orrective action. ice of Conservation, Injection and Mining Division, P.O. Bo 2. Owners or operators of class II EOR CO injection 2 x 94275, Baton Rouge, LA, 70804-9275; or Office of Conse wells shall submit a corrective action plan acceptable to the rvation, Injection and Mining Division, 617 North Third Stre commissioner addressing all identified deficiencies within a et, Room 817, Baton Rouge, LA 70802. Reference Docket N time specified by the commissioner. o. CON I and M 2014-12 on all correspondence. All inquirie E. Emergency and Remedial Response for Enhanced Oil s should be directed to Steve Lee at the above addresses or b Recovery Projects Injecting Carbon Dioxide y phone to (225) 342-5569. No preamble was prepared. 1. As part of the permit application for a class II EOR Public Hearing CO well, the owner or operator must provide the commissio 2 The commissioner of conservation will conduct a public h ner with an emergency and remedial response plan that descr earing at on Wednesday, January 28, 2015 at 9 a.m., in the L ibes actions the owner or operator must take to address move aBelle Room located on the first floor of the LaSalle Buildin ment of the injection or formation fluids that may cause an e g, 617 North Third Street, Baton Rouge, LA. ndangerment to a USDW during construction, operation, and post-injection site care periods. James H. Welsh 2. If the owner or operator obtains evidence that the in Commissioner jected carbon dioxide stream and associated pressure front m ay cause an endangerment to a USDW, the owner or operato FISCAL AND ECONOMIC IMPACT STATEMENT r must: FOR ADMINISTRATIVE RULES a. take all steps reasonably necessary to identify, ch RULE TITLE: Carbon Dioxide Enhanced Oil Recovery aracterize, and control any release; b. notify the commissioner within 24 hours; and I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO c. Implement the emergency and remedial response STATE OR LOCAL GOVERNMENT UNITS (Summary) plan approved by the commissioner. There are no anticipated implementation costs to State or 3. The owner or operator shall review the emergency a local governmental units as a result of the proposed rule nd remedial response plan developed under §405.E.1 at least change. Application requirements already exist for Enhanced once every five years. Based on this review, the owner or op Oil Recovery methods, although none specifically address the erator shall submit an amended emergency and remedial resp use of Carbon Dioxide. The proposed rule seeks to implement onse plan or demonstrate to the commissioner that no amend application requirements for Carbon Dioxide Enhanced Oil ment to the emergency and remedial response plan is needed. Recovery. Carbon Dioxide Enhanced Oil Recovery is a process in which carbon dioxide is injected into an oil reservoir Any amendments to the emergency and remedial response p to push any remaining oil to the top of the reservoir for lan must be approved by the commissioner and are subject to extraction. It is typically used as a tertiary method of extraction the permit modification requirements at §411, as appropriate. after primary and secondary techniques have extracted the bulk Amended plans or demonstrations shall be submitted to the of the oil from a reservoir. As such, the new commissioner as follows:

Louisiana Register Vol. 40, No. 12 December 20, 2014 132 requirements specific to Carbon Dioxide Enhanced Oil 2. where type A and B facilities and transfer stations, Recovery will be evaluated using existing documents and staff. Class II disposal wells, storage containers and E and P waste II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE treatment systems and related equipment are located within OR LOCAL GOVERNMENTAL UNITS (Summary) 500 feet of a residential, commercial, or public building, chu The proposed rule change will have no effect on revenue collections of state or local governmental units. rch, school or hospital or for any proposed new commercial f III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO acility or transfer station where publication of the notice of i DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL ntent or date of the permit application filed with the Office o GROUPS (Summary) f Conservation is dated after the promulgation date of this ru The group directly affected by these rules changes will be le, where type A and B facilities and transfer stations, class II Exploration and Production (E&P) companies. For those who disposal wells, storage containers and E and P waste treatme desire to implement or continue to operate Carbon Dioxide nt systems and related equipment are located within 1,250 fe Enhanced Oil Recovery projects, additional information et of a school, hospital, or public park; beyond what is already required for other Enhanced Oil 3. - 7. … Recovery operations may be needed. Currently, Denbury Onshore, LLC and Marlin Resources, L.L.C. are the only B. If the owner of the residence or commercial building companies in the state using these techniques for extraction. or the administrative body responsible for the public buildin The standards listed in the proposed rule change are the g, hospital, church or public park waives the distance require standards currently in place, resulting in no additional costs. ments of §507.A.2 above, such waiver must be in writing, sh This may change if other companies enter Louisiana with the all contain language acceptable to the commissioner, and sha intent to perform Carbon Dioxide Oil Recovery, but those ll be included in the permit application. impacts cannot be accurately assessed at this time. C. … IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT D. Any encroachment upon applicable location criteria af (Summary) ter the date the notice of intent is published or the applicatio The proposed rule change will have no effect on competition and employment n is filed, whichever is earlier, shall not be considered a viol ation of this Section. James H. Welsh Evan Brasseaux E. Repealed. Commissioner Staff Director AUTHORITY NOTE: Promulgated in accordance with R.S. 30 1412#056 Legislative Fiscal Office 4 et seq. HISTORICAL NOTE: Promulgated by the Department of Natu NOTICE OF INTENT ral Resources, Office of Conservation, LR 26:2817 (December 200 0), amended LR 27:1901 (November 2001), LR 29:938 (June 2003), Department of Natural Resources LR 41: Office of Conservation Family Impact Statement This Rule has no known impact on family formation, stabi Extending Commercial Facilities and lity, and autonomy as described in R.S. 49:972. Transfer Stations Setbacks under Poverty Impact Statement Statewide Order No. 29-B (LAC 43:XIX.507) This Rule has no known impact on poverty as described in R.S. 49:973. The Department of Natural Resources, Office of Conserva Small Business Statement tion proposes to amend LAC 43:XIX.507 in accordance with This Rule has no known impact on small businesses as des the provisions of the Administrative Procedure Act, R.S. 49: cribed in R.S. 49:965.6. 950 et seq., and pursuant to the power delegated under the la Provider Impact Statement ws of the state of Louisiana. The current regulations pertaini This Rule has no known impact on providers as described ng to commercial facilities and transfer stations require a set in HCR 170 of 2014. back of 500 feet from a residential, commercial, or public bu Public Comments ilding, church, school or hospital. The amendment is being p All interested parties will be afforded the opportunity to su roposed to increase this distance to 1,500 feet. bmit data, views, or arguments, orally or in writing at the pu Title 43 blic hearing in accordance with R.S. 49:953. Written comme NATURAL RESOURCES nts will be accepted until 4:30 p.m., February 4, 2015, at Off Part XIX. Office of ConservationGeneral Operations ice of Conservation, Environmental Division, P.O. Box 9427 Subpart 1. Statewide Order No. 29-B 5, Baton Rouge, LA, 70804-9275; or Office of Conservation, Chapter 5. Off-Site Storage, Treatment and/or Dispo Environmental Division, 617 North Third St., Room 817, Ba sal of Exploration and Production Waste ton Rouge, LA 70802. Reference Docket No. ENV 2014-12 Generated from Drilling and Production on all correspondence. All inquiries should be directed to Jo of Oil and Gas Wells hn Adams at the above addresses or by phone to (225) 342-7 §507. Location Criteria 889. No preamble was prepared. A. Commercial facilities and transfer stations may not be located in any area: 1. …

133 Louisiana Register Vol. 40, No. 12 December 20, 2014 Public Hearing 58-2008 edition which is entitled Main Shutoff Valves on a The commissioner of conservation will conduct a public h Container. This proposed Rule is promulgated in accordance earing at 9 a.m., January 28, 2015, in the LaBelle Room loca with the provisions of the Administrative Procedures Act, R. ted on the first floor of the LaSalle Building, 617 North Thir S. 49:953 et seq. d Street, Baton Rouge, LA. Title 55 PUBLIC SAFETY John H. Wells Part IX. Liquefied Petroleum Gas Commissioner Chapter 1. General Requirements Subchapter I. Adoption of Standards FISCAL AND ECONOMIC IMPACT STATEMENT §181. National Fire Protection Association Pamphlet N FOR ADMINISTRATIVE RULES umbers 54 and 58 RULE TITLE: Extending Commercial Facilities and A. - E.15. … Transfer Stations Setbacks under F. Pursuant to 11.7.4.3, NFPA 58-2008 edition, main shu Statewide Order No. 29-B t off valves on a container, the provisions shall be considered compliant in the state of Louisiana if the main shutoff valves I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO are equipped with a code compliant electrical system which STATE OR LOCAL GOVERNMENT UNITS (Summary) allows the valves to be closed from a control in the driver’s c There is no anticipated direct material effect on state or ompartment. local governmental expenditures as a result of the proposed rule AUTHORITY NOTE: Promulgated in accordance with R.S. 40 change. The proposed rule change adds an additional setback 1846. area associated with new commercial facilities and transfer HISTORICAL NOTE: Promulgated by the Department of Publ stations in that they may not be located within 1,250 feet from a ic Safety and Corrections, Liquefied Petroleum Gas Commission, L school, hospital or public park. Existing facilities and transfer R 20:1404 (December 1994), amended LR 24:470 (March 1998), L stations will be exempt from the 1,250 foot rule. The facilities R 25:1263 (July 1999), LR 25:2412 (December 1999), LR 27:2257 and stations handle the off-site storage, treatment and/or (December 2001), LR 31:2568 (October 2005), LR 37:913 (March disposal of exploration and production waste generated from 2011), LR 38:1269 (May 2012), LR 41: drilling and production of oil and gas wells. Family Impact Statement II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed Rule will not have any known or foreseeabl The proposed rule change will have no effect on revenue e impact on any family as defined by R.S. 49:972(D) or on f collections of state or local government units. amily formation, stability and autonomy. Specifically there s III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO hould be no known or foreseeable effect on: DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL 1. the stability of the family; GROUPS (Summary) 2. the authority and rights of parents regarding the edu The proposed rule change will only affect the owners of cation and supervision of their children; commercial facilities and transfer stations associated with the Exploration and Production (E&P) of oil and gas. There are no 3. the functioning of the family; anticipated cost increases associated with the rule change and 4. family earnings and family budget; all required documentation will be provided on existing 5. the behavior and personal responsibility of the child paperwork. ren. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT Local governmental entities have the ability to perform th (Summary) e enforcement of the action proposed in accordance with R.S. The proposed rule change will have no effect on 40:1730.23. competition and employment. Poverty Impact Statement James H. Welsh Evan Brasseaux The proposed Rule amends LAC 55:IX.181. These Rule c Commissioner Staff Director hanges should not have any known or foreseeable impact on 1412#057 Legislative Fiscal Office any child, individual or family as defined by R.S. 49:973(B). In particular, there should be no known or foreseeable effect NOTICE OF INTENT on: Department of Public Safety and Corrections 1. the effect on household income, assets, and financia Liquefied Petroleum Gas Commission l security; 2. the effect on early childhood development and pres chool through postsecondary education development; National Fire Protection Association 3. the effect on employment and workforce developm Pamphlet Numbers 54 and 58 (LAC 55:IX.181) ent; 4. the effect on taxes and tax credits; The Department of Public Safety and Corrections, Liquefi 5. the effect on child and dependent care, housing, hea ed Petroleum Gas Commission proposes to adopt LAC 55:I lth care, nutrition, transportation, and utilities assistance. X:181.F as authorized by R.S. 40:1846(A)-(C). Specifically, Small Business Statement the commission has found a need to supplement and expand The impact of the proposed Rule on small businesses has a provision of the rules relative to Chapter 1, Subchapter I, S been considered and it is estimated that the proposed action i ection 181 entitled National Fire Protection Association Pam s not expected to have a significant adverse impact on small phlet Numbers 54 and 58. This clarification is necessary purs businesses as defined in the Regulatory Flexibility Act. The uant to the guidelines found in section 11.7.4.3 of the NFPA agency, consistent with health, safety, environmental and eco

Louisiana Register Vol. 40, No. 12 December 20, 2014 134 nomic welfare factors has considered and, where possible, ut IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT ilized regulatory methods in the drafting of the proposed Rul (Summary) e that will accomplish the objectives of applicable statutes w There is no anticipated effect on competition and/or hile minimizing the adverse impact of the proposed Rule on employment as a result of the proposed rule change. small businesses. Jill P. Boudreaux Evan Brasseaux Provider Impact Statement Undersecretary Staff Director The proposed Rule does not impact or affect a “provider.” 1412#070 Legislative Fiscal Office "Provider" means an organization that provides services for individuals with developmental disabilities as defined in HC NOTICE OF INTENT R 170 of the 2014 Regular Session of the Legislature. In part Department of Revenue icular, the proposed rules have no effect or impact on a “pro Policy Services Division vider” in regard to: 1. the staffing level requirements or qualifications req uired to provide the same level of service; New Markets Jobs ActPremium Tax Credit 2. the cost to the provider to provide the same level of (LAC 61:I.1912) service; 3. the ability of the provider to provide the same level Under the authority of R.S. 47:6016.1 and R.S. 47:1511, a of service. nd in accordance with the provisions of the Administrative P Public Comments rocedure Act, R.S. 49:950 et seq., the Department of Revenu All interested persons are invited to submit written comme e, Policy Services Division, proposes to enact LAC 61:I.191 nts on the proposed regulation. Such comments should be su 2. bmitted no later than January 10, 2015, at 4:30 p.m. to Melin Pursuant to Act 265 of the 2013 Regular Session, the Depa da L. Long, Louisiana Department of Public Safety, P.O. Bo rtment proposes to enact LAC 61:I.1912 regarding the Louis x 66614, Baton Rouge, LA 70896. A public hearing will be s iana New Markets Jobs Act. cheduled pursuant to R.S. 49:953(A)(1)(a). Title 61 REVENUE AND TAXATION Jill P. Boudreaux Part I. Taxes Collected and Administered by the Undersecretary Secretary of Revenue Chapter 19. Miscellaneous Tax Exemptions, Credits a FISCAL AND ECONOMIC IMPACT STATEMENT nd Deductions FOR ADMINISTRATIVE RULES §1912. Louisiana New Markets Jobs ActPremium Ta RULE TITLE: National Fire Protection Association x Credit Pamphlet Numbers 54 and 58 A. Premium Tax Credit 1. Louisiana Revised Statute 47:6016.1 authorizes a st I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO ate premium tax credit to any entity that makes a qualified e STATE OR LOCAL GOVERNMENT UNITS (Summary) quity investment. The entity or subsequent holder of the qual The proposed rule change will not impact expenditures of ified equity investment shall be entitled to use a portion of th state or local governmental units. The proposed rule will allow e credit on each credit allowance date. The credit shall be eq an electrical device that allows for the closure of a valve when ual to the applicable percentage for the credit allowance date operating a school bus or mass transit vehicle that uses a multiplied by the purchase price or the amount paid for the q liquefied petroleum gas system as the motor fuel system. The ualified equity investment. valve must be able to be shut off without the use of tools or other equipment. This rule is pursuant to a clarification of 2. The applicable percent for the first and second credi Section 11.7.4.3 of the National Fire Protection Association t allowance date is 14 percent. The applicable percentage for (NFPA) Liquefied Petroleum Gas Code 58, 2008 edition the third and fourth credit allowance date is 8.5 percent. The entitled “MAIN SHUTOFF VALVES ON A CONTAINER”. applicable percentage for the fifth, six and seventh credit all II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE owance date is 0.0 percent. OR LOCAL GOVERNMENTAL UNITS (Summary) 3. The credit allowance date is the date the qualified e There is no anticipated effect on revenue collections for quity investment is made and the six anniversaries of that dat state or local governmental units as a result of the proposed rule e. change. This rule is merely a clarification of a standard that the 4. A qualified equity investment is an equity investme Commission has already adopted in Subchapter I. Adoption of Standards. nt in a qualified community development entity made after A III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO ugust 1, 2013, which in turn is invested into a qualified activ DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL e low income community business within this state by the fir GROUPS (Summary) st anniversary of the initial credit allowance date. There is no anticipated effect on costs and/or economic 5. A qualified community development entity and a qu benefits to directly affected persons or non-governmental alified active low income community business are defined as groups as a result of the proposed rule change since the rule provided in section 45D of the Internal Revenue Code of 19 does not mandate the use of electric valves. The rule simply 86 as amended or the federal new markets tax credit statute. clarifies an earlier rule the Commission adopted in Subchapter I. Adoption of Standards.

135 Louisiana Register Vol. 40, No. 12 December 20, 2014 6. A qualified low income community investment is a d. special allocation agreements or operating agree ny capital or equity investment in, or loan to a qualified activ ments for investors who intend for the tax credits earned to fl e low income community business. The maximum amount o ow through to their member or partners; f qualified low income community investments that may be r e. any other information requested necessary to ens eceived by any qualified active low income community busi ure compliance with R.S. 47:6016.1. ness or its affiliates shall not exceed $10,000,000. Any portio 4. Within 30 days of receipt of a completed applicatio n of an investment in a qualified active low income commun n the Department of Revenue shall grant or deny the applicat ity business over $10,000,000 shall not be considered a quali ion for designation as a qualified equity investment. fied low income community investment for the purpose of R. a. If the application is granted, a letter will be issue S. 47:6016.1 and the portion of the associated investment int d to the applicant informing them that their application has b o the qualified community development entity shall not be a een granted. Following the grant letter, a second letter will b qualified equity investment for the purpose of R.S.47:6016.1. e issued providing for the specific amount of allocation auth ority that is being granted to the applicant. Lastly, a separate 7. The tax credit shall be applied against any state pre tax credit certification will be issued to the applicant certifyi mium tax liability incurred under the provisions of R.S. 22:8 ng the credit amount and credit allowance dates. A copy of t 31, 836, 838, and 842. he tax credit certification will also be submitted to the Depar 8. The amount of the credit shall not exceed the amou tment of Insurance. nt of state premium tax liability due in a taxable year. The cr b. If the application is denied, the Department of Re edit may be carried forward for 10 years. venue will inform the applicant of the grounds on which the 9. Credits issued to pass through entities may be alloc application is being denied and allow 15 business days for th ated to the partners, members, or shareholders as provided in e applicant to cure any defects. their operating or special allocation agreements. c. Ground for denials include, but are not limited to: 10. Credits may only be claimed on returns due on or af i. failure of applicant to submit the $500,000 dep ter January 1, 2014. osit; B. Certification of the Qualified Equity Investment ii. failure of the applicant to submit any informati 1. A qualified community development entity that see on included in the application; ks to have an equity investment designated as a qualified equ iii. failure of the applicant to submit any additional ity investment must apply to the Department of Revenue on information requested by the Department of Revenue which a form prescribed by the Department of Revenue and submit is necessary to ensure compliance. a $500,000 refundable guarantee deposit. d. If the applicant cures the defects, the application 2. In addition to the application, the qualified commun shall retain its original submission date. If the applicant cann ity development entity must submit: ot cure the defect, the application will remain denied and the a. a letter from the United States Department of Tre Department of Revenue will refund the $500,000 deposit. asury Community Development Financial Institutions Fund 5. A qualified community development entity may tra certifying the community development entity and its service nsfer all or a portion of its designated qualified equity invest area; ment or allocation authority to its controlling entity or any ot b. a copy of the allocation agreement issued from th her qualified community development entity included in the e Community Development Financial Institutions Fund; applicant’s allocation agreement with the Community Devel c. a letter from an executive officer of the communi opment Financial Institutions Fund. ty development entity certifying that the allocation agreemen 6. The $500,000 deposit will be refunded within 30 da t from the Community Development Financial Institutions F ys of a request once the qualified community development e und is current; ntity certifies that the qualified equity investment has been m d. a description of the proposed amount, structure, a ade and the qualified low income community investment has nd purchaser of the qualified equity investment; been made within one year of the first anniversary date of th e. identifying information for any entity that will ea e qualified equity investment. rn the tax credits; a. If the applicant fails to certify receipt of the quali f. identifying information for any community busin fied equity investment within 30 days of the certification by esses. the Department of Revenue, the applicant will forfeit the $50 3. Upon request, the qualified community developmen 0,000 deposit. t entity shall submit: b. If the applicant fails to certify the qualified low i a. a power of attorney designating a representative t ncome community investment within one year of the first an o be contacted regarding any issues with a pending applicati niversary and the six month cure period, the applicant will fo on; rfeit the $500,000 deposit. b. a power of attorney from the investor authorizing c. A request for return of the deposit may not be ma the Department of Revenue to disclose their tax credit infor de until 30 days after the requirements of Paragraph B.6 of t mation to the applicant; his Section have been met. c. certification that the qualified active low income 7. The application for the designation of a qualified eq community business and its affiliates will not receive more t uity investment may be withdrawn by the applicant at any han $10,000,000 in qualified low income community invest ments under R.S. 47:6016.1;

Louisiana Register Vol. 40, No. 12 December 20, 2014 136 time prior to the granting of the application by the Depa 2. Within 5 days of issuing the qualified equity invest rtment of Revenue. If the application is withdrawn, the depo ment, the qualified community development entity will sub sit will also be refunded to the applicant within 30 days of th mit: e withdrawal. a. evidence of receipt of cash; C. Tax Credit Sales b. a copy of the federal Form 8874A which was issu 1. Tax credits not previously claimed by a taxpayer ag ed to the investor; ainst its premium tax may be sold to another Louisiana taxpa c. a copy of the state Form R-10607 which was issu yer. ed to the investor; 2. The sale may involve one or more transferees. d. notice of any transfers of allocation authority as p 3. Joint notice from the transferor and transferee shall rovided in Paragraph B.5. be submitted to the Department of Insurance on a form presc 3. If the requirements of Paragraph E.1 are not met wi ribed by the Department of Insurance within 30 days of the s thin 30 days of certification of the qualified equity investme ale. nt, the certification will lapse and the qualified community d 4. Failure to submit the joint notice of transfer shall re evelopment entity will have to re-apply to the Department of sult in disallowance of the credit until the taxpayer is in full Revenue for designation of the qualified equity investment. compliance. 4. A qualified community development entity that issu 5. The carry forward period is not extended by the sal es a qualified equity investment under R.S. 47:6016.1 shall s e of the credit to another Louisiana taxpayer. ubmit a report to the Department of Revenue within the first 6. To the extent that the transferor did not have rights t 5 business days after the first anniversary date indicating that o claim or use the credit at the time the credit is sold, the De 100 percent of the qualified equity investment is invested in partment of Insurance shall either disallow or recapture the c a qualified active low income community business in Louisi redit from the transferee. ana. 7. Credits may not be claimed on returns that were du a. The report shall include a bank statement of the q e prior to January 1, 2014. ualified community development entity evidencing each qua 8. Credits may not be used to settle outstanding tax lia lified low income community investment. bilities for tax periods beginning prior to January 1, 2014. b. The report shall include evidence that the qualifie 9. Transfers of ownership of credits thorough the sale d low income community business was and remains active. of equity interest in an entity is a sale of the credit. Such tran c. The report shall include evidence of the total amo sfers shall be treated in the same manner as selling the credit unt of qualified low income community investments receive s themselves and will require notice to the Department of Ins d by the qualified active low income community business un urance in the same manner set forth above. der the provisions of R.S. 47:6016.1. D. Recapture 5. A qualified community development entity that issu 1. The Department of Revenue will notify the Depart es a qualified equity investment under R.S. 47:6016.1 shall i ment of Insurance of a recapture event. ssue an annual report within 45 days of the second complian 2. The Department of Insurance shall recapture from t ce year. The report shall include: he entity that claimed the credit on their return if: a. the number of employment positions created and a. any amount of the federal tax credit earned from t retained as a result of the qualified low income community i he qualified equity investment is recaptured pursuant to secti nvestments and their average annual salaries; on 45D of the Internal Revenue Code. The amount recapture b. evidence that the qualified active low income co d shall be in proportion to the federal recapture of the credit. mmunity business remains active; and b. the qualified community development entity fails c. evidence that the qualified low income communit to invest 100 percent of the purchase price for the qualified e y investment remains invested in the qualified active low inc quity investment into a qualified active low income commun ome community business. ity business within one year of initial credit allowance date a AUTHORITY NOTE: Promulgated in accordance with R.S. 47 nd maintain this investment throughout the last credit allowa 1519 and R.S. 47:1511. nce date or compliance period. HISTORICAL NOTE: Promulgated by the Department of Reve 3. No recapture shall occur until the qualified commu nue, Policy Services Division, LR 41: nity development entity has been given notice of noncomplia Family Impact Statement nce by the Department of Revenue and the benefit of 6 mont This Family Impact Statement is provided as required by hs to become compliant. Act 1183 of the 1999 Regular Session of the Louisiana Legis E. Reporting lature. 1. Within 30 days of the applicant receiving certificati 1. Implementation of this proposed Rule will have no on for a qualified equity investment, the qualified communit effect on the stability of the family. y development entity must: 2. Implementation of this proposed Rule will have no a. issue an investment and receive cash for the certif effect on the authority and rights of parents regarding the ed ied amount; ucation and supervision of their children. b. designate the amount as a federal qualified equity 3. Implementation of this proposed Rule will have no investment with the Community Development Financial Inst effect on the functioning of the family. itutions Fund; 4. Implementation of this proposed Rule will have no c. issue Form R-10607 to the investor designating t effect on the behavior and personal responsibility of children. he amount as a state qualified equity investment.

137 Louisiana Register Vol. 40, No. 12 December 20, 2014 5. Implementation of this proposed Rule will have no of $55 million of capital each year). However, FY 14 actual effect on the ability of the family or a local government to pe claims were $7M, which suggests the impact in FY 15 may be rform this function. about $700,000 larger than estimated. The proposed Rule Poverty Impact Statement should have no impact on the revenue collections of local governmental units. The proposed Rule will have no impact on poverty as desc III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO ribed in R.S. 49:973. DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL Provider Impact Statement GROUPS (Summary) The proposed amendments will have no known or foresee Applicants for the tax credit and the low income able effect on: community businesses that receive capital or loans under the 1. the staffing levels requirements or qualifications req tax credit program are directly affected by this proposal. They uired to provide the same level of service; are expected to incur costs related to meeting the requirements 2. the total direct and indirect effect on the cost to the of this proposal. Qualified active low income community provider to provide the same level of service; businesses are expected to benefit from loans or investments of a maximum of $10 million individually, and $55 million in 3. the overall effect on the ability of the provider to pr total. Persons making qualified investments will benefit from ovide the same level of service. the $24.75 million of state premium tax credits that are Public Comments expected to be earned. A $500,000 deposit is required with Interested persons may submit written data, views, argume each application for the credit. If the applicant fails to meet one nts, or comments regarding this proposed Rule to the Policy of two requirements, the deposit is forfeited. Services Division, by mail to P.O. Box 44098, Baton Rouge, IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT LA 70804-4098 or by fax to (225) 219-2759. All comments (Summary) must be received no later than 5 p.m., January 29, 2015. Employment by qualified active low income community businesses that receive capital as a result of this program may Public Hearing increase by an unknown amount. To an unknown extent, A public hearing will be held on January 30, 2015, at 10 a. competition may be affected between qualified active low m. in the River Room, on the seventh floor of the LaSalle Bu income community businesses that receive capital as a result of ilding, 617 North Third Street, Baton Rouge, LA 70802. this program and their competitors that do not participate in the program. Tim Barfield Secretary Tim Barfield Greg Albrecht Secretary Chief Economist 1412#111 FISCAL AND ECONOMIC IMPACT STATEMENT Legislative Fiscal Office FOR ADMINISTRATIVE RULES NOTICE OF INTENT RULE TITLE: New Markets Jobs Act Premium Tax Credit Department of Revenue Policy Services Division I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) Penalty Waiver (LAC 61:III.2101) Implementation costs to the state of the proposed Rule are expected to be minimaland will be absorbed in the existing Under the authority of R.S. 47:1502, R.S. 47:1511 and R.S. budget.Local governmental units are not affected by this 47:1603(A), as amended by Act 198 of the 2014 Regular Se proposal. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE ssion of the Louisiana Legislature, effective July 1, 2014, an OR LOCAL GOVERNMENTAL UNITS (Summary) d in accordance with the provisions of the Administrative Pr The current version of the New Markets Tax Credit ocedure Act, R.S. 49:950 et seq., the Department of Revenue, program, for which these Rules are being proposed is expected Policy Services Division, proposes to amend LAC 61:III.21 to decrease revenue collections of the state by $20.075 million 01. during fiscal years ending in 2014 through 2016. An additional Act 198 of the 2014 Regular Session of the Louisiana Leg $4.675 million decrease is expected in fiscal year ending 2017 islature amended and reenacted R.S. 47:1603(A) to provide (outside of the horizon of this impact statement). The proposed with respect to the authority of the secretary of the Departme rule is being promulgated for the implementation of Act 265 of nt of Revenue to collect and enforce the collection of taxes. the 2013 Regular Legislative Session, which enacted R.S. 47:6016.1. This statute structures the issuance of $24.75 For purposes of promoting the effective administration of the million of premium tax credits (essentially New Markets Tax tax laws of this state, Act 198 specifically authorizes the secr Credits against the premium tax instead of the income tax) in a etary to promulgate rules and regulations concerning the wai single allocation on August 1, 2013, and provides that this issue ver of penalties, including but not limited to the establishme can first be claimed against tax liabilities on tax returns due on nt of a voluntary disclosure program. or after January 1, 2014. The amount of tax credit that can be The purpose for this proposed regulation is to amend LAC taken each year is also structured to be 14 percent of the capital 61:III.2101 to update the penalty waiver regulation to direct invested in the program in both of the first and second years, taxpayers to rules and regulations promulgated by the Depart and 8.5% in both of the third and fourth years. Thus, FY14 and FY15 are each exposed to $7.7 million of revenue loss (14 ment of Revenue concerning the waiver or remittance of pen percent of $55 million of capital each year). FY 16 and FY 17 alties under its voluntary disclosure agreement program. are each exposed to $4.675 million of revenue loss (8.5 percent

Louisiana Register Vol. 40, No. 12 December 20, 2014 138 Title 61 Family Impact Statement REVENUE AND TAXATION This proposed Rule has no known impact on family forma Part III. Administrative Provisions and Miscellaneous tion, stability and autonomy as described in R.S. 49:972. Chapter 21. Interest and Penalties Poverty Impact Statement §2101. Penalty Waiver This proposed Rule has no known impact on poverty as de A. The secretary may waive a penalty in whole or in part scribed in R.S. 49:973. for the failure to file a return on time or the failure to timely Small Business Statement remit the full amount due when the failure is not due to the t This proposed Rule has no known impact on small busines axpayer's negligence and is considered reasonable. All penalt ses as described in R.S. 49:965.6. y waiver requests must be in writing and be accompanied by Provider Impact Statement supporting documentation. If the combined penalties for a ta This proposed Rule has no known impact effect on provid x period exceed $100, all of the facts alleged as a basis for re ers as described in HCR 170 of 2014 Regular Session. asonable cause must be fully disclosed in an affidavit sworn Public Comments before a notary public in the presence of two witnesses and a All interested persons may submit written data, views, arg ccompanied by any supporting documentation. The affidavit uments or comments regarding this proposed Rule to Annie must be signed by the taxpayer, or in the case of a corporatio L. Gunn, Attorney, Policy Services Division, Office of Legal n, by an officer of the corporation. Where the taxpayer or off Affairs, P.O. Box 44098, Baton Rouge, LA 70804-4098. Wri icer does not have personal knowledge of such facts, the swo tten comments will be accepted until 4:30 p.m., January 26, rn affidavit may be signed on the taxpayer's or officer's behal 2015. f by a responsible individual with personal knowledge of suc Public Hearing h facts. In lieu of an affidavit, the taxpayer may submit a req A public hearing will be held on January 27, 2015, at uest for waiver of penalties for delinquency form signed by t 11 a.m. in the River Room, located on the 7th floor of the La he taxpayer, or in the case of a corporation, by an officer of t Salle Building, 617 North Third Street, Baton Rouge, LA. he corporation. Where the taxpayer or officer does not have personal knowledge of such facts, the request for waiver of p Tim Barfield enalties for delinquency form may be signed on the taxpaye Secretary r's or officer's behalf by a responsible individual with person al knowledge of such facts. The request for waiver of penalti FISCAL AND ECONOMIC IMPACT STATEMENT es for delinquency form must be accompanied by any suppor FOR ADMINISTRATIVE RULES ting documentation. RULE TITLE: Penalty Waiver B. Before a taxpayer's request for penalty waiver will be considered, the taxpayer must be current in filing all tax retu I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO rns and all tax, penalties not being considered for waiver, fee STATE OR LOCAL GOVERNMENT UNITS (Summary) s and interest due for any taxes/fees administered by the Dep There would be no implementation costs or savings to state artment of Revenue must be paid. government under this proposal. The Department of Revenue has existing procedures to evaluate requests for penalty waivers C. In determining whether or not to waive the penalty in which will not change in response to the proposed Rule. This whole or in part, the department will take in account both the proposed Rule would not apply to local governments. facts submitted by the taxpayer and the taxpayer's previous c II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE ompliance record with respect to all of the taxes/fees admini OR LOCAL GOVERNMENTAL UNITS (Summary) stered by the Department of Revenue. Prior penalty waivers The proposed Rule reflects amendments made to R.S. will be a significant factor in assessing the taxpayer's compli 47:1603 by Act 198 of the 2014 Regular Legislative Session. ance record. Each waiver request submitted by the taxpayer Act 198 authorizes the Secretary of the Louisiana Department will be considered on an individual basis. Each tax period or of Revenue to waive delinquent penalties exceeding $25,000 audit liability will be considered separately in determining w only with the approval of the Louisiana Board of Tax Appeals. Previously, this amount was $5,000. It also authorizes the hether the penalty amount mandates approval of the waiver b secretary to establish a voluntary disclosure program for the y the Board of Tax Appeals. The delinquent filing and delinq effective administration of taxes. However, the rule does not uent payment penalties will also be considered separately in affect the internal procedures previously established by the making this determination. Department to evaluate delinquent penalty waiver requests. D. In the case of a request to enter into a voluntary disclo Therefore, no impact is anticipated on state revenues from sure agreement with the Department of Revenue, the secretar adoption of this provision provided the waiving of penalties y will remit or waive delinquent penalties as provided in LA follows historical trends. The proposal would apply only to C 61:III.2103 and/or any other applicable rules and regulatio state taxes so there would be no effect on revenue collections of local governmental units. ns promulgated by the Department of Revenue concerning th III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO e waiver or remittance of such penalties under its voluntary DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL disclosure program. GROUPS (Summary) AUTHORITY NOTE: Promulgated in accordance with R.S. 47 This proposed amendment would not affect the costs or 1603. revenues of taxpayers who request waivers of penalties for the HISTORICAL NOTE: Promulgated by the Department of Reve delinquent filing of returns or payment of taxes. The nue, Office of the Secretary, LR 27:866 (June 2001), amended LR 2 department’s internal procedures for evaluating requests for 9:950 (June 2003), amended by the Department of Revenue, Policy penalty waivers will not be affected. Services Division, LR 41:

139 Louisiana Register Vol. 40, No. 12 December 20, 2014 IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT closure agreement is executed by the taxpayer and the secret (Summary) ary. This proposed amendment would have no effect on Application—a completed “Application to Request Volu competition or employment since the procedures currently ntary Disclosure Agreement” (Form R-60010) or an “Applic followed by the Louisiana Department of Revenue to evaluate requests for penalty waivers will not be impacted. ation for Multistate Voluntary Disclosure” filed with the Mul tistate Tax Commission’s National Nexus Program and all su Tim Barfield Gregory V. Albrecht pplemental information including, but not limited to, cover l Secretary Chief Economist etters, schedules, reports, and any other documents that provi 1412#112 Legislative Fiscal Office de evidence of the applicant’s qualification for a voluntary di sclosure agreement. Supplemental information requested by NOTICE OF INTENT the department and timely provided by the applicant shall be Department of Revenue considered part of the application. Policy Services Division Application Date—the date a fully completed applicatio n requesting a voluntary disclosure agreement is received by Voluntary Disclosure Agreements (LAC 61:III.2103) the department. Supplemental information requested by the department and timely provided by the applicant shall not ex Under the authority of R.S. 47:1502, R.S. 47:1511, R.S. 4 tend or delay the application date. 7:1603(A), as amended by Act 198 of the 2014 Regular Sess Delinquent Penalty—any specific penalty imposed purs ion of the Louisiana Legislature, effective July 1, 2014, and i uant to R.S. 47:1603 or 1604.1 as a result of the failure of th n accordance with the provisions of the Administrative Proce e taxpayer to timely make any required return or payment. dure Act, R.S. 49:950 et seq., the Department of Revenue, P Department—the Louisiana Department of Revenue. olicy Services Division, proposes to adopt LAC 61:III.2103. Look-Back Period—a period for which a qualified appli Act 198 of 2014 Regular Session of the Louisiana Legislat cant agrees to disclose and pay the tax and interest due. The ure amended and reenacted R.S. 47:1603(A) to provide with look-back period shall be as follows. respect to the authority of the secretary of the Department of a. Except for taxes collected and not remitted, the l Revenue to collect and enforce the collection of taxes. For p ook-back period shall include the current calendar year up to urposes of promoting the effective administration of the tax l the date of registration with the department and the three im aws of this State, Act 198 specifically authorizes the secretar mediately preceding calendar years. y to promulgate rules and regulations concerning the waiver b. For taxes collected and not remitted, the look-bac of penalties, including but not limited to the establishment of k period shall include all periods in which tax was collected a voluntary disclosure program. To that end the Department and not remitted. This look-back period shall not affect the l of Revenue proposes to adopt this Rule to encourage unregis ook-back period described in Subparagraph a of this Paragra tered business entities and persons who are subject to Louisi ph for undisclosed liabilities unrelated to tax collected and n ana tax or tax collection responsibilities to voluntarily contac ot remitted. t the department regarding their unreported Louisiana tax lia c. For discontinued, acquired, or merged entities, th bilities. e look-back period shall include undisclosed liabilities in the The proposed Rule clarifies the meaning of the phrase “vo last calendar year in which the qualified applicant had nexus luntary disclosure agreement” as that term is used in R.S. 47: within this state and the three immediately preceding calend 1580(C)(2) and R.S. 47:1603(A)(2). Additionally, it sets fort ar years. h the conditions under which an applicant may qualify for a d. The secretary and the applicant may agree to adju voluntary disclosure agreement, the process for entering into st a look-back period to include other years. a voluntary disclosure agreement with the Department of Re e. The look-back period(s) shall be established at th venue, and the requirements that must be complied with in o e time the secretary or his authorized representative signs the rder for the Department of Revenue to remit or waive payme voluntary disclosure agreement. nt of the whole or any part of the penalties under a valid volu Non-Qualified Applicant—includes any taxpayer who: ntary disclosure agreement. a. is registered with the department as of the applica Title 61 tion date but failed to file returns or underreported the amou REVENUE AND TAXATION nt due for a tax for which a voluntary disclosure agreement i Part III. Administrative Provisions and Miscellaneous s requested; Chapter 21. Interest and Penalties b. submitted returns, extensions, payments, or was r §2103. Voluntary Disclosure Agreements egistered more than 60 days prior to the application date for A. Definitions. For purposes of this Section, the followin a tax for which a voluntary disclosure agreement is requeste g terms have the meanings ascribed to them. d; Applicant—any association, corporation, estate, firm, in c. has been contacted by the department concernin dividual, joint venture, limited liability company, partnership, g a liability regarding a tax for which a voluntary disclosure receiver, syndicate, trust, or any other entity, combination or agreement is requested, including but not limited to a potenti group that submits or arranges through a representative for t al liability or contact for the purpose of performing an audit he submission of an application to request a voluntary disclo of the taxpayer’s records; or sure agreement for a tax administered by the department. If t d. is affiliated with another entity that has been con he application is submitted through a representative, anonym tacted by the department for the purpose of performing an au ity of the applicant can be maintained until the voluntary dis dit of the affiliated entity’s records. A non-qualified applican

Louisiana Register Vol. 40, No. 12 December 20, 2014 140 t under this subparagraph may become a qualified applicant C. Waiver or Remittance of Payment of Penalty after the audit of the affiliated entity has been completed, pro 1. After all tax and interest due for the look-back perio vided the applicant is not disqualified under the criteria liste d have been paid, the delinquent penalties will be remitted or d in Subparagraphs a through c of this Paragraph. waived , unless the tax disclosed was collected but not remitt Qualified Applicant—any taxpayer, other than a non-qu ed. alified applicant, subject to the reporting and payment of a ta 2. Where the tax was collected but not remitted, the se x imposed by the state of Louisiana. Notwithstanding anythi cretary may consider waiving payment of the whole or any p ng to the contrary, any applicant that entered into a voluntary art of the delinquent penalties on a case-by-case basis. disclosure agreement with the department prior to July 1, 20 D. Payment of Tax, Interest, and Penalty Due 14 shall be deemed a qualified applicant. Registration with t 1. All tax due for the look-back period must be paid w he department for reporting and payment of any tax for whic ithin 60 calendar days of the secretary’s signing date of the v h a voluntary disclosure agreement is not being requested wi oluntary disclosure agreement or within any extension of tim ll not disqualify a qualified applicant from entering into a vo e authorized by the secretary beyond 60 calendar days of the luntary disclosure agreement. signing date. All schedules or returns required by the secreta Secretary—the secretary of the Louisiana Department o ry to show the amount of tax due must be included with this f Revenue and any duly authorized representative(s). payment. Signing Date—the date the voluntary disclosure agreem 2. The secretary shall compute the interest and penalty ent is signed by the secretary or his authorized representative. due for the tax disclosed by the applicant and send a schedul Undisclosed Liability—a tax liability that became due d e by mail or email to the applicant or his representative show uring the look-back period and which has not been determin ing the amount of tax, interest and delinquent penalty due. T ed, calculated, researched, identified by or known to the dep he applicant must submit payment of the full amount of the i artment at the time of disclosure and which would likely not nterest and any penalties not remitted or waived within 30 ca be discovered through normal administrative activities. The lendar days from the postmark or e-mail date of the schedule undisclosed liability must exceed $500 during the look-back or, if applicable, within any extension of time granted by the period to qualify for consideration of a voluntary disclosure secretary. If payment of the full amount due has not been rec agreement. The secretary has the discretion to conduct an au eived at the expiration of such time, the secretary may void t dit of the applicant’s records to confirm the amount of the un he agreement. disclosed liability. E. The secretary may disclose tax information to the Mul Voluntary Disclosure Agreement—a contractual agreem tistate Tax Commission or any political subdivision of the st ent between a qualified applicant and the secretary wherein t ate which has entered into an information exchange agreeme he qualified applicant agrees to pay the tax and interest due o nt with the department in order to coordinate the delivery an n an undisclosed liability, and the secretary agrees to remit o d acceptance of applications for voluntary disclosure agreem r waive payment of the whole or any part of the penalty asso ents. Any information so furnished shall be considered and h ciated with that liability and to restrict collection of prior lia eld confidential and privileged by the Multistate Tax Commi bilities to the look-back period, except for periods in which t ssion or the political subdivision to the extent provided by R. ax was collected and not remitted. S. 47:1508. B. Acceptance of Offer to Enter into Voluntary Disclosur F. The terms of the voluntary disclosure agreement shall e Agreement be valid, binding, and enforceable by and against all parties, 1. After the secretary has reviewed the application and including their transferees, successors, and assignees. determined from the information included therein that the ap G. The secretary reserves the right to void the voluntary plicant qualifies for a voluntary disclosure agreement, the se disclosure agreement if the applicant fails to comply with an cretary shall send a copy of the agreement to the applicant or y of the conditions outlined in the agreement. the applicant’s representative for signature. AUTHORITY NOTE: Promulgated in accordance with R.S. 47 2. The applicant or applicant’s representative, acting u 1502, R.S. 47:1511, R.S. 47:1580, and R.S. 47:1603. nder the authority of a power of attorney, must sign the agree HISTORICAL NOTE: Promulgated by the Department of Reve ment and return it to the secretary within 30 calendar days of nue, Policy Services Division, LR 41: the postmark or e-mail date, or within any extension of time Family Impact Statement authorized by the secretary beyond 30 calendar days from th This proposed Rule has no known impact on family forma e postmark or e-mail date. tion, stability and autonomy as described in R.S. 49:972. 3. After the signed agreement is received from the app Poverty Impact Statement licant, the secretary or his authorized representative will sign This proposed Rule has no known impact on poverty as de the agreement and return a copy of the agreement which has scribed in R.S. 49:973. been signed by both parties to the applicant. Small Business Statement 4. If the application was submitted to the Multistate Ta This proposed Rule has no known impact on small busines x Commission, the applicant shall return signed agreements i ses as described in R.S. 49:965.6. n accordance with policies established by the commission. Provider Impact Statement This proposed Rule has no known impact effect on provid ers as described in HCR 170 of 2014 Regular Session.

141 Louisiana Register Vol. 40, No. 12 December 20, 2014 Public Comments disclosure agreement with the Department of Revenue prior to All interested persons may submit written data, views, arg July 1, 2014 to the extent they would not be eligible or uments or comments regarding this proposed Rule to Annie considered for the voluntary disclosure program on or after July L. Gunn, Attorney, Policy Services Division, Office of Legal 1, 2014. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT Affairs, P.O. Box 44098, Baton Rouge, LA 70804-4098. Wri (Summary) tten comments will be accepted until 4:30 p.m., January 26, Competition and employment could be impacted by small 2015. amounts if similar businesses are afforded different tax Public Hearing situations as a result of this program. A public hearing will be held on January 27, 2015, at 9:30 a.m. in the River Room, located on the 7th floor of the LaSal Tim Barfield Greg Albrecht le Building, 617 North Third Street, Baton Rouge, LA. Secretary Chief Economist 1412#110 Legislative Fiscal Office Tim Barfield NOTICE OF INTENT Secretary Department of State FISCAL AND ECONOMIC IMPACT STATEMENT Elections Division FOR ADMINISTRATIVE RULES RULE TITLE: Voluntary Disclosure Agreements Merit Evaluation for Registrars of Voters (LAC 31:II.Chapter 1) I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) Pursuant to the provisions of the Administrative Procedure The Department of Revenue has maintained a voluntary Act (R.S. 49:950 et seq.), and under the authority of R.S. 18: disclosure program related to all taxes it administers for 18, R.S. 18:55, R.S. 18:59, and R.S. 36:742, the secretary of approximately twenty years. Act 198 of 2014 authorized LDR to promulgate rules for the program. The proposed rule state is proposing to adopt this Rule which would amend LA includes authority of the Secretary of Revenue and any duly C 31:II.Chapter 1, Section 107 to modify the procedure for authorized representative to waive all penalties and, indirectly, merit evaluations of the registrars of voters, adopt LAC 31:II. liabilities through adjustment of look-back periods. The Chapter 1, Section 108 to codify the appeal process for merit program allows voluntary disclosure of taxes that otherwise evaluations of the registrars of voters, and amend LAC 31:II. would not have been discovered through normal departmental Chapter 1, Section 109 to modify the procedure for merit eva activities or for taxpayers deemed eligible by the Secretary luations of the chief deputies and confidential assistants. prior to July 1, 2014, which is the effective date of Act 198 of Title 31 2014. For participation, the minimum undisclosed liability is ELECTIONS $500; the proposed rule does not stipulate any maximums or thresholds. Although several local tax authorities have Part II. Voter Registration and Voter Education voluntary disclosure programs, this rule would not apply to Chapter 1. Registrar of Voters local governmental units. §107. Merit Evaluation for the Registrar of Voters II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE A. The secretary of state hereby designates the director o OR LOCAL GOVERNMENTAL UNITS (Summary) f registration in the Department of State to conduct the annu Revenues from voluntary disclosure agreements are al evaluation of each parish registrar of voters by reviewing t currently being received by the state and some local he completed evaluation and data submitted by each registra jurisdictions. These revenues fluctuate annually based upon the r of voters. The evaluation will consider the timely performa number of applicants and the amount of undisclosed taxes reported. Historically, less than $500,000 in penalties are nce of the registrar’s job responsibilities as required by title waived annually with more than $10M in collections of tax and 18 of the Louisiana Revised Statutes. Upon completion of th interest. There is no maximum threshold included in the e rating of a registrar by the director of registration, the direc proposed rule, though the statutory threshold under which the tor of registration shall submit the evaluation to the commiss Secretary can waive penalties without Board of Tax Appeal ioner of elections for review and either approval or disappro approval was raised from $5,000 to $25,000 in Act 198 of val depending on the information submitted. If the commissi 2014. To the extent that the Secretary and duly authorized oner of elections does not approve the rating given by the dir representatives waive penalties (self-generated revenue) and/or ector of registration, the registrar will be given the rating rec liabilities (mostly SGF) in excess of those typically waived, state revenue will decrease. The provision in the rule allowing a ommended by the commissioner of elections. The registrar’s more liberal eligibility standard for taxpayers prior to July 1, evaluation is then submitted to the Department of State Hum 2014, would allow certain taxpayers benefits under the program an Resources office. If the registrar receives an “excellent” r including penalty waivers that would not be considered under ating, Human Resources will process the merit increase. If th the voluntarily disclosure program established pursuant to Act e registrar receives a “satisfactory” rating, Human Resources 198 of 2014. It is expected that this provision is associated with will not process the merit increase. about $4M in penalty waivers and about $18M in collections. B. Annually, the criteria and procedure for the merit eval There should be no effect on revenue collections of local uation shall be determined by the secretary of state or his des governmental units resulting from this proposal. ignee in conjunction with the Registrar of Voters Association. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL The secretary of state or his designee shall prepare written i GROUPS (Summary) nstructions and forms to be utilized for the evaluation. Evalu This proposed rule will affect the costs or revenues of a ation forms with instructions shall be submitted to the registr limited number of taxpayers who entered into a voluntary ars of voters no later than November 1 for completion. The f

Louisiana Register Vol. 40, No. 12 December 20, 2014 142 orm shall include mandated duties required of the registrar’s 3. The chairperson shall convene a meeting of the Reg office in accordance with title 18 of the Louisiana Revised St istrars of Voters Evaluation Appeals Committee within 15 da atutes and other applicable laws with input from the Board o ys of receipt of notification of the request for appeal to discu f Review for Evaluation of the Registrar of Voters Associatio ss the request and render a decision regarding the rating. The n; however, the form is not intended to be all inclusive of all committee may vote to uphold the “satisfactory” rating or to of the duties mandated in title 18 of the Louisiana Revised St change the rating to “excellent”. atutes and other applicable laws. If a registrar receives an “e 4. The chairperson of the committee shall give written xcellent” rating, the registrar is eligible for a merit increase i notice of the committee’s decision to the affected registrar of n January. If a registrar does not receive an “excellent” ratin voters, the director of registration, and the human resources g, the registrar will be rated “satisfactory” and is not eligible director within 15 days. to receive a January merit increase. Also, if a registrar is a ce C. The annual merit evaluation form, the written request rtified elections registration administrator (CERA) and does for appeal of the registrar of voters, the written notice of the not receive an “excellent” rating, the registrar is not eligible t committee’s decision, and all supporting documentation shal o receive the seven percent CERA certification pay increase l be maintained in the official confidential personnel file of t for that year pursuant to R.S. 18:59.4. he registrar of voters on file in the Department of State Hum C. The parish registrar of voters will have until Decembe an Resources office. r 15 to submit a completed evaluation form with supporting AUTHORITY NOTE: Promulgated in accordance with R.S. 18 documentation to the Department of State. 18, R.S. 18:55, and R.S. 36:742. AUTHORITY NOTE: Promulgated in accordance with R.S. 18 HISTORICAL NOTE: Promulgated by the Department of State 18, R.S. 18:55, and R.S. 36:742. Elections Division, LR 41: HISTORICAL NOTE: Promulgated by the Department of State §109. Merit Evaluations of the Chief Deputy and Confi Elections Division, LR 34:705 (April 2008), amended LR 41: dential Assistant §108. Appeal of Merit Evaluation for the Registrar of A. The parish registrar of voters shall perform the annual Voters evaluation of the chief deputy and confidential assistant. A. Submission of a Request for Appeal B. Annually, the criteria and procedure for the merit eval 1. A registrar of voters who does not receive an “excel uation shall be determined by the Registrar of Voters Associa lent” rating on his or her annual merit evaluation may appeal tion. The association shall prepare written instructions and fo that rating to the Registrars of Voters Evaluation Appeals Co rms to be utilized for the evaluation. The forms and instructi mmittee. ons shall be submitted to the registrars of voters for reviewin 2. The request for appeal shall be in writing and shall g the chief deputy and confidential assistant’s performance n be postmarked or received by the human resources director i o later than November 1. n the Department of State, or the human resources director’s C. The parish registrar of voters shall be responsible for designee, no later than January 30. evaluating his or her chief deputy and confidential assistant. 3. The request for appeal shall explain the reasons for These evaluations shall be submitted to the Department of St the request and may provide supporting documentation. ate Human Resources office no later than December 15 of ea 4. If the request for appeal is timely and contains the r ch year. equired explanation, the human resources director shall sub AUTHORITY NOTE: Promulgated in accordance with R.S. 18 mit a notification of the request to the chairperson of the Reg 18, R.S. 18:59, and R.S. 36:742. istrars of Voters Evaluation Appeals Committee and to the di HISTORICAL NOTE: Promulgated by the Department of State rector of registration. The notification of request for appeal s Elections Division, LR 34:705 (April 2008), amended LR 41: hall include copies of the written request of the registrar of v Family Impact Statement oters, the original annual merit evaluation, and any supportin The proposed amendments to various sections of Rule LA g documentation provided by the registrar of voters with his C 31:II.Chapter 1, Sections 107-109 regarding merit evaluati or her written request for appeal. ons for registrars of voters, chief deputies, and confidential a 5. The Department of State grievance process shall no ssistants should not have any known or foreseeable impact o t be used to review or reconsider evaluations or a procedural n any family as defined by R.S. 49:927 or on family formati violation of the evaluation process. on, stability and autonomy. Specifically, there should be no k B. The Registrars of Voters Evaluation Appeals Committ nown or foreseeable effect on: ee 1. the stability of the family; 1. All written requests for appeal of annual merit eval 2. the authority and rights of parents regarding the edu uations that meet the requirements of Part A of this Section s cation and supervision of their children; hall be considered by the Registrars of Voters Evaluation Ap 3. the functioning of the family; peals Committee. 4. family earnings and family budget; 2. The Registrars of Voters Evaluation Appeals Comm 5. the behavior and personal responsibility of children; ittee shall consist of seven members. Three members shall be and registrars of voters appointed by the Registrar of Voters Asso 6. the ability of the family or a local government to pe ciation. Four members shall be appointed by the secretary of rform the function as contained in the proposed amendments state, one of which shall be a registrar of voters who shall act to the Rule. as chairperson of the committee. The chairperson shall vote Poverty Impact Statement only to break a tie. The director of registration and the comm The proposed amendments to various sections of Rule LA issioner of elections shall not be appointed to the committee. C 31:II.Chapter 1 Sections 107-109 regarding merit evaluati ons for registrars of voters, chief deputies, and confidential a

143 Louisiana Register Vol. 40, No. 12 December 20, 2014 ssistants should not have any known or foreseeable impact o change. The Department of State is proposing to amend LAC n poverty as defined by R.S. 49:973. Specifically, there shou 31:II §107 to clarify the procedure and to modify the language ld be no known or foreseeable effect on: for merit evaluations of the registrars of voters and to amend 1. the household income, assets and financial security; LAC 31:II §109 to modify the procedure for merit evaluations of the chief deputies and confidential assistants. In addition, the 2. early childhood development and preschool through Department of State is adopting LAC 31:II §108 to codify the postsecondary education development; appeal process for merit evaluations of the registrars of voters. 3. employment and workforce development; II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE 4. taxes and tax credits; and OR LOCAL GOVERNMENTAL UNITS (Summary) 5. child and dependent care, housing, health care, nutr There is no estimated effect on revenue collections of state ition, transportation, and utilities assistance. or local governmental units as a result of the proposed rule Small Business Statement change. The impact of the proposed amendments to various sectio III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO ns of the Rule on small business has been considered and it i DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) s estimated that the proposed action is not expected to have a There are no estimated costs and/or economic benefits to significant adverse impact on small business as defined in th directly affected persons or non-governmental groups as a e Regulatory Flexibility Act. The agency, consistent with hea result of the proposed rule change. lth, safety, environmental and economic welfare factors has IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT considered and, where possible, utilized regulatory methods (Summary) in the drafting of the proposed Rule that will accomplish the The proposed rule change will have no effect on objectives of applicable statutes while minimizing the advers competition and employment. e impact of the proposed Rule on small business. Joe. R. Salter Evan Brasseaux Provider Impact Statement Undersecretary Staff Director The impact of the proposed amendments to various sectio 1412#084 Legislative Fiscal Office ns of the Rule does not have any known or unforeseeable im pact on providers as defined by HCR 170 of the 2014 Regula NOTICE OF INTENT r Legislative Session. In particular, there should be no know n or foreseeable effect on: Department of Wildlife and Fisheries 1. the effect on the staffing level requirements or quali Wildlife and Fisheries Commission fications required to provide the same level of service; 2. the total direct and indirect effect on the cost to the Recreational Offshore Landing Permit (LAC 76:VII.377) providers to provide the same level of service; or 3. the overall effect on the ability of the provider to pr The Wildlife and Fisheries Commission does hereby give ovide the same level of service. notice of its intent to amend a Rule, LAC 76:VII.377, modif Public Comments ying existing recreational offshore landing permit regulation Interested persons may submit written comments to Merie s by exempting minors under the age of 16. Changes to the R tta Norton, General Counsel, Legal Division, Department of ule also add language that was not published in a previous ru State, P.O. Box 94125, Baton Rouge, LA 70804-9125. She w le modification that allowed exemptions for passengers on a ill be responsible for responding to inquiries regarding the pr charter-for-hire trip. Authority for adoption of this Rule is in oposed amendments to various sections of the Rule. The dea cluded in R.S. 56:6(34). Said Rule is attached to and made p dline for the Department of State to receive written comment art of this Notice of Intent. s is 4:30 p.m. on Tuesday, January 27, 2015 after the public The secretary of the Department of Wildlife and Fisheries hearing. is authorized to take any and all necessary steps on behalf of Public Hearing the commission to promulgate and effectuate this Notice of I A public hearing on the proposed amendments to various s ntent and the final Rule, including but not limited to, the filin ections of the Rule is scheduled for Monday, January 26, 20 g of the Fiscal and Economic Impact Statement, the filing of 15 at 1 p.m. in the Auditorium at the State Archives Building, the Notice of Intent and final Rule and the preparation of rep 3851 Essen Lane, Baton Rouge, LA. At that time, all interes orts and correspondence to other agencies of government. ted persons will be afforded the opportunity to submit data, v Title 76 iews, or arguments either orally or in writing. WILDLIFE AND FISHERIES Part VII. Fish and Other Aquatic Life Tom Schedler Chapter 3. Saltwater Sport and Commercial Fishery Secretary of State §377. Recreational Offshore Landing Permit A. Any person, except those persons under the age of 16 FISCAL AND ECONOMIC IMPACT STATEMENT that are not normally required to obtain a license for saltwate FOR ADMINISTRATIVE RULES r fishing privileges, possessing any one of the following fish RULE TITLE: Merit Evaluation species or species groups on board a vessel taken from withi for Registrars of Voters n or without Louisiana territorial waters shall be required to have obtained and have in their immediate possession a recre I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO ational offshore landing permit. Any person on a trip aboard STATE OR LOCAL GOVERNMENT UNITS (Summary) a charter vessel, who pays a fee for that trip, is not required t There are no estimated implementation costs or savings to o have this permit, but the permit is required for the captain state or local governmental units as a result of the proposed rule

Louisiana Register Vol. 40, No. 12 December 20, 2014 144 of that charter vessel. The recreational offshore landing perm Baton Rouge, LA 70898-9000, or via e-mail to jadriance it shall be available for inspection by a duly authorized agent @wlf.la.gov prior to Thursday, February 5, 2015. of the department: 1. highly migratory species: Billy Broussard a. tunasbluefin, albacore, yellowfin, skipjack, big Chairman eye, blackfin; b. billfishblue marlin, white marlin. sailfish and l FISCAL AND ECONOMIC IMPACT STATEMENT ongbill spearfish; FOR ADMINISTRATIVE RULES c. swordfish; RULE TITLE: Recreational Offshore Landing Permit 2. reef fish species: a. any species of snapper; I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO b. any species of amberjack; STATE OR LOCAL GOVERNMENT UNITS (Summary) c. any species of grouper or hind; The proposed rule change will have no impact on state or local governmental unit expenditures. 3. pelagics: The proposed rule change would exempt all anglers under a. any species of dolphinfish; 16 years of age (who are not required to hold a recreational b. cobia; fishing license) from the requirement to hold a Recreational c. wahoo. Offshore Landings Permit (R.O.L.P.). B. Permits may be obtained at no cost, from the Departm The proposed rule change would clarify the term of the ent of Wildlife and Fisheries, or authorized method, by perso R.O.L.P. to be consistent with the current recreational fishing ns who hold any valid license authorizing the taking and pos license year which spans from the first of June to the last day of sessing of saltwater species of fish. Permits shall be valid for the following June. the same duration as the annual license authorizing saltwater The proposed rule change would exempt passengers on charter boats from the requirement to hold a R.O.L.P. but fishing privileges. For those licenses that do not have to be r would require charter boat operators to hold a R.O.L.P. enewed every year, the permit must be renewed annually, an II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE d shall be valid for the same time period as annual licenses. OR LOCAL GOVERNMENTAL UNITS (Summary) AUTHORITY NOTE: Promulgated in accordance with R.S. 56 The proposed rule change is anticipated to have no impact 6(34). on revenue collections of the state or local governmental units HISTORICAL NOTE: Promulgated by the Department of Wild because the R.O.L.P. is free. life and Fisheries, Wildlife and Fisheries Commission, LR 38:3249 III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO (December 2012), amended LR 40:94 (January 2014), LR 41: DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL Family Impact Statement GROUPS (Summary) In accordance with Act 1183 of 1999, the Department of The proposed rule is expected to have a positive effect by Wildlife and Fisheries, Wildlife and Fisheries Commission h reducing paperwork for off-shore anglers under 16 years of age ereby issues its Family Impact Statement in connection with who would no longer be required to obtain a R.O.L.P. the preceding Notice of Intent. This Notice of Intent will hav The proposed rule is expected to have a minor positive effect on off-shore anglers because the term of validity for the e no impact on the six criteria set out at R.S. 49:972(B). R.O.L.P. would be consistent with that of their recreational Poverty Impact Statement fishing licenses. The proposed Rule should not have any known or foreseea The proposed rule change would have a positive effect on ble impact on any child, individual or family as defined by R. anglers who fish from charter boats who would no longer be S. 49:973(B). In particular, there should be no known or fore required to obtain a R.O.L.P. seeable effect on: IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT 1. the effect on household income, assets, and financia (Summary) l security; There is no estimated effect on competition and 2. the effect on early childhood development and pres employment. chool through postsecondary education development; Bryan McClinton Evan Brasseaux 3. the effect on employment and workforce developm Undersecretary Staff Director ent; 1412#081 Legislative Fiscal Office 4. the effect on taxes and tax credits; 5. the effect on child and dependent care, housing, hea NOTICE OF INTENT lth care, nutrition, transportation, and utilities assistance. Workforce Commission Provider Impact Statement Office of Workers' Compensation This Rule has no known impact on providers as described in HCR 170 of 2014. Outlier Reimbursement and Appeals Procedures Public Comments (LAC 40:I.2519) Interested persons may submit comments relative to the pr oposed Rule to Jason Adriance, Fisheries Division, Departm This Rule is promulgated by the authority vested in the dir ent of Wildlife and Fisheries, P.O. Box 98000, ector of the Office of Workers’ Compensation found in R.S. 23:1310(C). It will enact corrections to Title 40, Labor and Employment, Part I, Workers’ Compensation Administra tion, Subpart 2, Medical Guidelines, Chapter 25,

145 Louisiana Register Vol. 40, No. 12 December 20, 2014 Section 2519, Outlier Reimbursement and Appeals Proced Public Hearing ures. A public hearing will be held on January 27, 2015, at 9:30 Title 40 a.m. at the Louisiana Workforce Commission Training Cente LABOR AND EMPLOYMENT r located at the Corner of Fuqua Street and North 22nd Street Part I. Workers’ Compensation Administration across from the main campus of the Workforce Commission, Subpart 2. Medical Guidelines in Baton Rouge, LA. The public is invited to attend. Chapter 25. Hospital Reimbursement Schedule, Billin g Instruction and Maintenance Procedure Curt Eysink s Executive Director §2519. Outlier Reimbursement and Appeals Procedures A. Automatic Outliers. Inpatient hospital acute care servi FISCAL AND ECONOMIC IMPACT STATEMENT ces falling within certain diagnosis code ranges will be reim FOR ADMINISTRATIVE RULES bursed outside the normal per diem reimbursement method. RULE TITLE: Outlier Reimbursement These atypical admissions will be paid at covered billed char and Appeals Procedures ges less a 15 percent discount. Conditions requiring acute ca re inpatient hospital services that are work-related and are re I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO cognized as "automatic outliers" are: STATE OR LOCAL GOVERNMENT UNITS (Summary) 1. AIDS: ICD-9 Diagnosis Codes 042-044; The proposed rule amends Title 40 Labor and Employment, 2. Acute Myocardial Infarction: ICD-9 Diagnosis Cod Part 1 Workers’ Compensation Administration, Subpart 1, Medical Guidelines, Chapter 25, Section 2519, Outlier e 410; and Reimbursement and Appeals Procedures. 3. Severe Burns: ICD-9 Diagnosis Codes: 940.0-940.9 Besides the cost to publish in the Louisiana Register, the 941.30-941.39; 941.40-941.49; 941.50-941.59; 942.30-942. proposed rule will not result in any additional expenses to the 39; 942.40-942.49; 942.50-942.59; 943.30-943.39; 943.40-9 Office of Workers’ Compensation Administration (OWCA) nor 43.49; 943.50-943.59; 944.30-944.39; 944.40-944.49; 944.5 will the proposed rule result in any material savings to OWCA. 0-944.59; 945.30-945.39; 945.40-945.49; 945.50-945.59; 94 The proposed rule specifically lists the ICD-9-CM diagnosis 6.3; 946.4; 946.5; 947.0-947.9; 948.00 ; 948.10; 948.11; 948. codes, which will be granted “automatic outlier” status. This 20-948.22; 948.30-948.33; 948.40-948.44; 948.50-948.55; 9 will provide better guidance in reimbursement determinations which should result in decreased litigation over disputed 48.60-948.66; 948.70-948.77; 948.80-948.88; 948.90-948.99; reimbursement determinations. 949.3; 949.4; 949.5; 949. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE B. - B.7.a. … OR LOCAL GOVERNMENTAL UNITS (Summary) * * * The implementation of this proposed rule will have no AUTHORITY NOTE: Promulgated in accordance with R.S. 23 anticipated effect on revenue collections of state or local 1034.2. governmental units. HISTORICAL NOTE: Promulgated by the Department of Labo III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO r, Office of Workers' Compensation, LR 19:54 (January 1993), repr DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL omulgated LR 19:212 (February 1993), amended LR 20:1299 (Nov GROUPS (Summary) ember 1994), amended by the Workforce Commission, Office of W The proposed rule clarifies diagnosis codes for inpatient orkers’ Compensation, LR 41: reimbursement of severe burns. The current rule Family Impact Statement references an invalid/incomplete diagnosis code for This amendment to Title 40 should have no impact on fam identification/classification of a severe burn. As a consequence, ilies. disputes arise between the payor and hospital as to whether or Poverty Impact Statement not the severe burn reimbursement request should be granted This amendment to Title 40 should have no impact on pov automatic outlier status. These disputes develop into litigation which is ultimately resolved in a workers’ compensation court. erty or family income. The proposed rule provides better guidance and clarity by Provider Impact Statement identifying “severe burns” with greater specificity. It is 1. This Rule should have no impact on the staffing lev believed that this guidance will result in fewer disputes over el of the Office of Workers’ Compensation as adequate staff reimbursement requests. As a result, inpatient facilities and already exists to handle the procedural changes. payors should experience a direct economic impact due to the 2. This Rule should create no additional cost to provid decrease in litigated disputes. ers or payers. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT 3. This Rule should have no impact on ability of the p (Summary) There is no anticipated direct effect on competition and rovider to provide the same level of service that it currently employment. provides. Public Comments Curt Eysink Gregory V. Albrecht All interested persons are invited to submit written Executive Director Chief Economist comments on the proposed Rule. Such comments should be 1412#069 Legislative Fiscal Office sent to Wes Hataway, OWC-Administration, 1001 North 23rd Street, Baton Rouge, LA 70802. Such comments should be sent by January 20, 2015, by COB.

Louisiana Register Vol. 40, No. 12 December 20, 2014 146 Potpourri

POTPOURRI Fees in place for cases not impacted by Act 640 are also increased, including a $20 fee for other matters under $10,000 Office of the Governor (from $0 to $20), controversies from $10,000 - $50,000 (from Board of Tax Appeals $250 to $300) and controversies over $50,000 (from $400 to $450). There are also 2 new fees for copies of judgments in Procedures for Out-of-State Attorneys, excess of 1 certified copy ($25) and a fee for a Motion to Fee Schedule and Local Tax Division Appear Pro Hac Vice (out of state attorney fee) of $250, though cases under $10,000 or with 25 or fewer exhibit pages are exempt. These new fees are expected to increase self-generated The fiscal and economic impact has been determined for revenue for the Board of Tax Appeals by about $10,000 the proposed Rule, Procedures for Out-of-State Attorneys, annually, under a typical caseload and depending on the type of Fee Schedule and Local Tax Division, promulgated in the issues under dispute. June 20, 2014 Louisiana Register on pages 1192-1193. The Per Act 640, $132,000 in additional funding (adjusted for approved Fiscal and Economic Impact Statement is provided inflation) will be provided annually by local governments from below. use tax distributions for expenses related to the local sales tax disputes. Judge Tony Graphia (RET.) III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO Chairman DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) Taxpayers who file cases with the Board of Tax Appeals FISCAL AND ECONOMIC IMPACT STATEMENT (BTA) will be subject to higher fees under some circumstances. FOR ADMINISTRATIVE RULES However, in the case of local taxpayers who elect to appeal RULE TITLE: Procedures for Out-of-State Attorneys, taxes to the BTA applicable fees may be lower than those Fee Schedule and Local Tax Division required in District Court, which had jurisdiction prior to the passage of Act 640. All taxpayers will no longer have to pay I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO district court fees to appeal their cases, since they are now STATE OR LOCAL GOVERNMENT UNITS (Summary) appealable directly to a court of appeal. The proposed amendment includes provisions associated IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT with Act 640 from 2014 Regular Session of the Legislature, (Summary) which authorizes the Board of Tax Appeals (BTA) to hear local There is no anticipated impact on competition and sales tax disputes. The additional expenditures associated with employment due to the proposed amendment. Act 640 include an additional staff position for administrative purposes as well as other expenses related to an increased Judge Tony Graphia (RET.) Gregory V. Albrecht caseload, estimated at about $187,500 per year. Chairman Chief Economist Local taxing authorities may incur expenses for some 1412#116 Legislative Fiscal Office consumable supplies, though these expenses may be recoverable as court costs in the future as judgments are paid. POTPOURRI Local taxing authorities may also incur cost differences related Office of the Governor to filing disputes with the Board of Tax Appeals instead of the District Court. Per Act 640, local governments will forego Division of Administration $132,000 per year in total adjusted annually for inflation from Office of Technology Services use tax distributions which will be transferred instead to BTA for expenses related to the local sales tax disputes. OTS IT Bulletin II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) Pursuant to Act 712 of the 2014 Regular Legislative The proposed amendment includes provisions associated Session, the Office of Technology Services (OTS) published with Act 640 from 2014 Regular Session of the Legislature, the following IT bulletin in the period 12/01/2014 to which authorizes the Board of Tax Appeals to hear local sales tax disputes. Filing fee increases for local sales taxpayer 12/31/2014. disputes are set at $450 for all cases, except those filed by a local collector as plaintiff in a Rule for Uniformity, which will Bulletin be $300. Local tax cases also will be assessed an Additional Number Topic Date and Supplemental Filing fee of $2 per page. This will help ITB 14-01 IT STD 1-17 Data Sanitization- 12/19/2014 generate approximately $65,000 in revenue (possibly less in the Standards and Requirements first year with start-up delays) for the Board of Tax Appeals. IT POL 1-04 Data Sanitization 12/19/2014 Note: The LA Department of Revenue has also pledged an Policy $88,000 annual transfer of self-generated revenue to BTA in lieu of filing fees as authorized in Act 198 of the 2014 Regular OTS bulletins, standards, policies and guidelines Session of the Legislature. are posted on the OTS web site at: http://www.doa.louisiana.gov/ots/index.htm.

147 Louisiana Register Vol. 40, No. 12 December 20, 2014 To receive email notifications when an actual construction work, that “program manager” does not OTS bulletin is published, register at: need a contractor’s license. http://louisiana.gov/Services/Email_Notifications_OTS_Bull AUTHORITY NOTE: Promulgated in accordance with R.S. etins/. 37:2150-2192. HISTORICAL NOTE: Promulgated by the Office of the Richard “Dickie” Howze Governor, Licensing Board for Contractors, LR 41: State Chief Information Officer Public Hearing 1412#065 In accordance with R.S. 49:968(H)(2) of the Administrative Procedure Act, a public hearing on these POTPOURRI proposed revisions to the original proposal is scheduled for Monday, February 2, 2015 at 9 a.m. at the LSLBC office Office of the Governor building, 2525 Quail Drive, Baton Rouge, LA 70808. At that Licensing Board for Contractors time, all interested persons will be afforded an opportunity to submit data, opinions, and arguments, either orally or in Substantive Change—Construction Management writing, regarding the proposed Rule. The deadline for (LAC 46:XXIX.119) receipt of all comments is 12 noon that same day.

In accordance with the provisions of R.S. 49:950 et seq., Michael McDuff which is the Administrative Procedure Act, and through the Executive Director enabling authority granted in R.S. 37:2150-2192, which is 1412#067 the contractor licensing law, the Licensing Board for Contractors (LSLBC) published a Notice of Intent in the POTPOURRI October 20, 2014 edition of the Louisiana Register to adopt Office of the Governor these rules and regulations which define construction Office of Financial Institutions management and program management. The LSLBC held a period of comment and planned to Judicial Interest Rate for 2015 convene a public hearing should one be required. Shortly after that time period had passed, it was brought to the Pursuant to authority granted by R.S. 13:4202(B)(1), as attention of the LSLBC by industry experts and associations amended, the Louisiana Commissioner of Financial that the definition of Program Manager needed further Institutions has determined that the judicial rate of interest clarification, and that clarification is being added to these for calendar year 2015 will be 4 percent per annum. rules. The original proposal is resubmitted, as revised, for John Ducrest, CPA publication in the Potpourri section of the Louisiana Commissioner Register. The Legislative Fiscal Office has evaluated the 1412#002 impact of the proposed revisions of the original proposal and has opined that no fiscal or economic impact will result from POTPOURRI the suggested revisions proposed in this notice. Title 46 Department of Health and Hospitals PROFESSIONAL AND OCCUPATIONAL Board of Veterinary Medicine STANDARDS Part XXIX. Contractors Spring/Summer Examination Dates Chapter 1. General Provisions §119. Construction Management The Louisiana Board of Veterinary Medicine will A. Any person, company or entity who undertakes, administer the state board examination (SBE) for licensure attempts to, or submits a price or bid or offer to perform to practice veterinary medicine on the first Tuesday of every work in “construction management” or “program month. Deadline to apply for the SBE is the third Friday management” whose scope of authority and responsibility prior to the examination date desired. SBE dates are subject includes supervision, oversight, direction, or in any manner to change due to office closure (i.e. holiday, weather). assuming charge of the construction services provided to an The board will accept applications to take the North owner by a contractor or contractors in excess of $50,000 American Veterinary Licensing Examination (NAVLE) must possess a license from this board in the major which will be administered through the National Board of classification of building construction or heavy construction Veterinary Medical Examiners (NBVME), formerly the or highway, street, and bridge construction or municipal and National Board Examination Committee (NBEC), as public works construction. Any licensed contractor with any follows. of these major classifications shall be able to bid and perform any such project specified for construction and/or Test Window Date Deadline To Apply program management within the scope of the April 13 through Monday, January 3, 2015 April 25, 2015 classification(s) they hold. If a “program manager” whose scope of authority and responsibilities does not include any of the above stated tasks, and who does not subcontract The board will also accept applications for the Veterinary Technician National Examination (VTNE) for state

Louisiana Register Vol. 40, No. 12 December 20, 2014 148 registration of veterinary technicians which will be January 2015. Interested persons should submit the names of administered through the American Association of nominees directly to the LVMA as per R.S. 37:1515. It is not Veterinary State Boards (AAVSB), as follows. necessary to be a member of the LVMA to be nominated. Test Date Deadline To Apply The LVMA may be contacted at (225) 928-5862. March 15 - April 15, 2015 February 15, 2015

July 15 through June 15, 2015 Wendy D. Parrish August 15, 2015 Executive Director November 15 through October 15, 2015 1412#013 December 15, 2015 POTPOURRI Applications for all examinations must be received on or Department of Health and Hospitals before the deadline. No late application will be accepted. Emergency Response Network Requests for special accommodations must be made as early as possible for review and acceptance. Applications and information may be obtained from the board office at 263 LERN Destination Protocol: TRAUMA Third Street, Suite 104, Baton Rouge, LA 70801, via telephone at (225) 342-2176, and by e-mail at [email protected]; application forms and information are On November 20, 2014, the Louisiana Emergency also available on the website at www.lsbvm.org. Response Network Board (R.S. 40:2842(1) and (3)] adopted Board Nominations and promulgated “Destination Protocol: TRAUMA” to be The Louisiana Board of Veterinary Medicine announces effective January 1, 2015, replacing the “LERN Destination that nominations for the position of board member will be Protocol: Trauma” adopted and promulgated November 21, taken by the Louisiana Veterinary Medical Association 2013, as follows. (LVMA) at the annual winter meeting to be held in late

LERN Destination Protocol: TRAUMA Call LERN Communication Center at 1-866-320-8293 for patients meeting the following criteria.

 Unmanageable airway  Tension pneumothorax  Traumatic cardiac arrest Yes→ Closest ED/Trauma Center  Burn patient without patent airway  Burn patient > 40 percent BSA without IV ↓ No Measure vital signs and level of consciousness  GCS ≤ 13 Transport to Trauma Center/ Trauma Program  SBP <90mmHg These patients should be transported to the highest  RR <10 or >29 breaths per minute, or need for ventilator level of care within the defined trauma system. This is Support (<20 in infant aged <1 year) Yes→ a Level 1 or a Level 2 Trauma Center or Trauma Program. * If distance or patient condition impedes transport to trauma facility, consider transport to most appropriate resourced hospital. ↓ No Assess anatomy of injury  All penetrating injuries to head, neck, torso, and extremities proximal to elbow or knee  Chest wall instability or deformity (e.g. flail chest) Transport to Trauma Center/ Trauma Program  Two or more proximal long-bone fractures These patients should be transported to the highest  Crushed, degloved, mangled, or pulseless extremity level of care within the defined trauma system. This is  Amputation proximal to wrist or ankle Yes→ a Level 1 or a Level 2 Trauma Center or Trauma  Pelvic fractures Program. * If distance or patient condition impedes  Open or depressed skull fracture transport to trauma facility, consider transport to most  Paralysis appropriate resourced hospital.  Fractures with neurovascular compromise (decreased peripheral pulses or prolonged capillary refill, motor or sensory deficits distal to fracture) ↓ No Assess mechanism of injury and evidence of high-energy impact

149 Louisiana Register Vol. 40, No. 12 December 20, 2014  Falls  -Adults: >20 feet (one story is equal to 10 feet)  -Children: >10 feet or two or three times the height of the child  High-risk auto crash Transport to Trauma Center/Trauma Program which, -Intrusion, including roof: > 12 inches occupant site; depending upon the defined trauma system, need not be  > 18 inches any site Yes→ the highest level trauma center/program. If no Trauma -Ejection (partial or complete) from automobile Center/Trauma Program in the region, LCC may route -Death in the same passenger compartment to the most appropriate resourced hospital. -Vehicle telemetry data consistent with a high risk of injury  Auto vs. pedestrian/bicyclist/ATV thrown, run over, or with significant (>20 mph) impact  Motorcycle crash >20mph ↓ No Assess special patient or system considerations  Older Adults -Risk of injury/death increases after age 55 years -SBP <110 may represent shock after age 65 -Low impact mechanisms (e.g. ground level falls) may result in severe injury  Children -Should be triaged preferentially to pediatric capable trauma Transport to Trauma Center/Trauma Program which, centers depending upon the defined trauma system, need not be  Anticoagulants and bleeding disorders Yes→ the highest level trauma center/program. If no Trauma -Patients with head injury are at high risk for rapid deterioration  Burns Center/Trauma Program in the region, LCC may route  -With trauma mechanism: triage to trauma center to the most appropriate resourced hospital.  Pregnancy >20 weeks -Hip Fractures (hip tenderness, deformity, lateral deviation of foot) excluding isolated hip fractures from same level falls -Major joint dislocations (hip, knee, ankle, elbow) Open Fractures  EMS provider judgment ↓ No Multi / Mass Casualty Incident No→ Transport according to protocol

When in doubt, transport to a trauma center. After further consideration and consultation with stakeholders, the department has determined that it is Paige Hargrove necessary to abandon the November 20, 2014 Notice of Executive Director Intent. No further action will be taken on this proposed Rule. 1412#045 Kathy H. Kliebert POTPOURRI Secretary Department of Health and Hospitals 1412#107 Office of Aging and Adult Services POTPOURRI Division of Adult Protective Services Department of Natural Resources Office of Conservation Adult Protective Services Agency (LAC 48:I.Chapter 171) Orphaned Oilfield Sites

The Department of Health and Hospitals, Office of Aging Office of Conservation records indicate that the oilfield and Adult Services, Division of Adult Protective Services sites listed in the table below have met the requirements as promulgated a Notice of Intent in the November 20, 2014 set forth by section 91 of Act 404, R.S. 30:80 et seq., and as edition of the Louisiana Register, page 2407. This Notice of such are being declared orphaned oilfield sites. Intent proposed to amend the provisions governing the Adult Well Serial Protective Services Program (LAC 48:XIII.17101-17125) in Operator Field District Well Name order to adopt provisions for the operation of the program as Number Number Worth Cowpen Louise Davis a result of Act 13 of the 2012 Regular Session of the Exploration L 001 99432 Creek Et Al Louisiana Legislature which transferred the authority for this Co program to the Department of Health and Hospitals, Office CSV Lutcher and of Aging and Adult Services. Holdings, Starks L Moore Lbr 016 13233 Inc. Co

Louisiana Register Vol. 40, No. 12 December 20, 2014 150 Well Serial Well Serial Operator Field District Well Name Operator Field District Well Name Number Number Number Number CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 035 17012 Holdings, Starks L Moore Lbr 079 211381 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 042 39995 Holdings, Starks L Moore Lbr 081 211490 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 046 65877 Holdings, Starks L Moore Lbr 082 211491 Inc. Co Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 017 66434 Holdings, Starks L Moore Lbr 083 211492 Southern Inc. Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 051 67169 Holdings, Starks L Moore Lbr 086 211703 Inc. Co Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 014 69679 Holdings, Starks L Moore Lbr 088 211759 Southern Inc. Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 062 73218 Holdings, Starks L Moore Lbr 089 212768 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 064 73867 Holdings, Starks L Moore Lbr 090 212773 Inc. Co Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 015 148511 Holdings, Starks L Moore Lbr 091 212774 Southern Inc. Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 072 155337 Holdings, Starks L Moore Lbr 092 212775 Inc. Co Swd Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 074 161566 Holdings, Starks L Moore Lbr 093 212776 Inc. Co Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 016 165262 Holdings, Starks L Moore Lbr 002 213735 Southern Inc. Inc. Co Swd CSV CSV Lutcher and Boise Holdings, Starks L 003 177252 Holdings, Starks L Moore Lbr 096 214026 Southern Inc. Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 002 180951 Holdings, Starks L Moore Lbr 097 214726 Southern Inc. Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 004 180952 Holdings, Starks L Moore Lbr 098 214727 Southern Inc. Inc. Co CSV Boise CSV Lutcher and Holdings, Starks L Southern B 002 181658 Holdings, Starks L Moore Lbr 099 214728 Inc. Swd Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 003 199314 Holdings, Starks L Moore Lbr 102 214932 Southern A Inc. Inc. Co CSV CSV Lutcher and Boise Holdings, Starks L 021 199317 Holdings, Starks L Moore Lbr 106 215255 Southern Inc. Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 077 210084 Holdings, Starks L Moore Lbr 108 215623 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 076 210094 Holdings, Starks L Moore Lbr 109 215957 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 078 210184 Holdings, Starks L Moore Lbr 110 217506 Inc. Co Inc. Co CSV Lutcher and CSV Boise Holdings, Starks L Moore Lbr 001 210815 Holdings, Starks L 022 217829 Southern Inc. Co Inc. CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 003 211062 Holdings, Starks L Moore Lbr 111 218932 Inc. Co Swd Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 080 211374 Holdings, Starks L Moore Lbr 112 224817 Inc. Co Inc. Co

151 Louisiana Register Vol. 40, No. 12 December 20, 2014 Well Serial Well Serial Operator Field District Well Name Operator Field District Well Name Number Number Number Number CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 113 224818 Holdings, Starks L Moore Lbr 125 234833 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 114 224819 Holdings, Starks L Moore Lbr 127 234835 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 115 225111 Holdings, Starks L Moore Lbr 129 234836 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 116 225112 Holdings, Starks L Moore Lbr 130 234837 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 117 225113 Holdings, Starks L Moore Lbr 128 235799 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 118 225489 Holdings, Starks L Moore Lbr 131 235800 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 120 225490 Holdings, Starks L Moore Lbr 137 235802 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 119 225676 Holdings, Starks L Moore Lbr 126 236186 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 123 226565 Holdings, Starks L Moore Lbr 136 236580 Inc. Co Inc. Co CSV Lutcher and CSV Lutcher and Holdings, Starks L Moore Lbr 122 226608 Holdings, Starks L Moore Lbr 139 236581 Inc. Co Inc. Co Marg V Ra CSV Sua; Holdings, Iberia L 001 232016 Emestayer et James H. Welsh Inc. al Commissioner CSV Lutcher and 1412#046 Holdings, Starks L Moore Lbr 124 234832 Inc. Co

Louisiana Register Vol. 40, No. 12 December 20, 2014 152 CUMULATIVE INDEX (Volume 40, Number 12)

CHILDREN AND FAMILY SERVICES 2014 (Formerly Department of Social Services) Pages Issue 1-198...... January Child Welfare Section 199-434...... February Social services block grant intended use report, 681P 435-688...... March Economic Stability Section 689-895...... April Child care for homeless families, access, 2286N 896-1050...... May Child care quality rating system, 49R 1051-1238...... June Family independence temporary assistance program 1239-1452...... July (FITAP), 1168N, 1675R 1453-1644...... August Strategies to empower people (STEP) program, 1168N, 1645-1858...... September 1675R 1859-2182...... October 2183-2433...... November Student financial assistance grants, 202ER, 759R 2434-2724...... December Supplemental nutritional assistance program (SNAP), 1311R, 2289N EO―Executive Order TANF benefits, 700ER, 1014N, 1241ER, 1520R, 2622N PPM―Policy and Procedure Memoranda Programs, Division of ER―Emergency Rule Louisiana’s 2014 annual progress and services report, R―Rule 682P N―Notice of Intent Louisiana’s 2015-2020 child and family services plan CR―Committee Report (CFSP), 682P GR―Governor's Report L―Legislation Temporary assistance for needy families (TANF) P―Potpourri caseload reduction, 189P QU―Administrative Code Quarterly Update Licensing Section Child care centers, licensing Class A, 243R ADMINISTRATIVE CODE UPDATE Class A and B, 699ER, 1065ER, 1166N, 1674R Cumulative Class B, 253R January 2013-December 2013, 185QU Secretary, Office of the January 2014-March 2014, 883QU Community and family support system, flexible January 2014-June 2014, 1436QU family fund, 3ER, 551N, 896ER, 1522R January 2014-September 2014, 2166QU

CIVIL SERVICE AGRICULTURE AND FORESTRY Ethics, Board of Agricultural and Environmental Sciences, Office of Food and drink limit, 1172N, 1678R Annual quarantine listing, plant protection and quarantine, 884P Horticulture and quarantine programs, 390N, 695ER, 1308R CULTURE, RECREATION, AND TOURISM Termiticides, 1038P Cultural Development, Office of Agricultural Chemistry and Seed Commission Historic Preservation, Division of Seeds, 743R, 992R, 2618N Application fees, state commercial tax credit program, Boll Weevil Eradication Commission 1173N, 1679R Boll weevil eradication, 691ER, 807N, 1516R Seafood Promotion and Marketing Board Structural Pest Control Commission Seafood promotion and marketing, 1954N Hydraulic injection, 1165N, 2168P Substantive changes public hearing Hydraulic injection, 2168P Animal Health and Food Safety, Office of ECONOMIC DEVELOPMENT Animals and animal health, 926R Business Development, Office of Animal Health, Board of Economic zone program, 490R Animals and animal health, 926R Quality jobs program, 2291N Beef Industry Council Tax credit, research and development, 49R, 1017N, Beef promotion and research program, 1459ER, 1559N, 1524R 1952N Entertainment Industry Development, Office of Horticulture Commission Tax credit programs Landscape architects exam, 757R Entertainment industry, 1707N Motion picture investor, 1707N

153 Louisiana Register Vol. 40, No.12 December 20, 2014 ECONOMIC DEVELOPMENT (continued) Dating violence and student code of conduct, 1746N, Louisiana Economic Development Corporation 2529R Economic development award program (EDAP), Emergency planning and attendance, 2188ER, 2297N economic development loan program (EDLOP) and High schools, 1748N, 2530R economic development site readiness program Instruction in cardiopulmonary resuscitation and (EDRED), 264R automated external defibrillators, 1749N, 2530R Louisiana seed capital program (LSCP) and seed capital Bulletin 741 (Nonpublic)—Louisiana Handbook for program for the state small business credit initiative Nonpublic School Administrators, 1179N, 1682R, (SSBCI) program, 274R 1757N, 2301N, 2535R Small business loan and guaranty program (SBL and Emergency planning and procedures, 111N, 766R GP) and state small business credit initiative (SSBCI) Programs of study, 275R program, 273R Bulletin 746—Louisiana Standards for State Secretary, Office of the Certification of School Personnel, 276R, 1176N, Economic development award program (EDAP), 1565N, 1680R, 2242R economic development loan program (EDLOP) and Secondary career and technical trade and industrial economic development site readiness program education personnel, 832N, 1329R (EDRED), 264R Bulletin 996—Standards for Approval of Teacher and/or Louisiana seed capital program (LSCP) and seed capital Educational Leader Preparation Programs, 401N, program for the state small business credit initiative 1001R (SSBCI) program, 274R Bulletin 1530―Louisiana's IEP Handbook for Students Small business loan and guaranty program (SBL and with Exceptionalities, 1751N, 2436ER, 2531R, 2624N GP) and state small business credit initiative (SSBCI) Bulletin 1566―Pupil Progression Policies and program, 273R Procedures, 113N, 553N, 765R, 836N, 1332R, 1566N, Tax credit programs 1753N, 2242R, 2299N, 2533R Ports of Louisiana, import-export, 1393N, 1714N, Bulletin 1706―Regulations for Implementation of the 2238R Children with Exceptionalities Act, 1755N, 2533R Bulletin 1929―Louisiana Accounting and Uniform Governmental Handbook, 838N, 1333R Operations EDUCATION Board and committee meeting protocol, 1567N, Elementary and Secondary Education, Board of 2243R Bulletin 111―The Louisiana School, District, and State Regents, Board of Accountability System, 103N, 760R, 812N, 1313R, Proprietary School Section 1561N, 1717N, 2240R, 2507R Minimum cancellation, and refund policy; school Bulletin 118―Statewide Assessment Standards and catalog; forms, 1184N, 1687R Practices, 394N, 818N, 993R, 1319R, 1721N, 2509R Student Financial Assistance Commission Bulletin 119—Louisiana School Transportation Student Financial Assistance, Office of Specifications and Procedures, 820N, 1320R, 1728N, Chaffee educational and training voucher program 2516R eligibility, 52R Bulletin 126—Charter Schools, 822N, 1320R, 2517R Personally identifiable information and TOPS core Application process, 104N, 761R, 1730N curriculum, 1460ER, 2437ER, 2626N Bulletin 130—Regulations for the Evaluation and Scholarship/grant programs, 281R Assessment of School Personnel, 105N, 761R 2013 legislation, 53R Bulletin 131—Alternative Education Schools/Programs Degree completion, 115N, 1002R Standards, 2292N TOPS continuation requirements, 2446ER, 2635N Bulletin 132―Louisiana Course Choice Program, TOPS core curriculum equivalent, 1860ER, 1959N 1732N, 2518R TOPS tech early start award, 1469ER, 1762N, Bulletin 133—Scholarship Programs, 1735N, 2520R 2456ER, 2646N Finance, 498R Tuition Trust Authority Bulletin 134—Tuition Donation Rebate Program, 498R, Student Financial Assistance, Office of 1956N START saving program, 1188N, 1926R, 2457ER, Bulletin 135—Health and Safety, 107N, 762R, 2294N 2647N Communicable disease control, 2190ER, Bulletin 138―Jump Start Program, 827N, 1325R, 2295N Bulletin 741Louisiana Handbook for School ENVIRONMENTAL QUALITY Administrators, 109N, 396N, 763R, 994R, 1175N, Environmental Services, Office of 1562N, 1563N, 1679R, 1958N, 2241R, 2241R Water Permits Division Career diploma and promotion of students with General permit issuance for discharges exceptionalities, 1737N, 2522R Storm water from construction activities five acres Carnegie credit and credit flexibility, 275R or greater, 681P Curriculum and instruction, 831N, 1328R, 1528R, Vehicle wash wastewater, 1039P 1741N, 2524R Louisiana Register Vol. 40, No.12 December 20, 2014 154 ENVIRONMENTAL QUALITY (continued) BJ 14-09 Emergency Operations Plan, 1454EO Secretary, Office of the BJ 14-10 Offender Labor, 1645EO Legal Division BJ 14-11 In Memoriam, 1645EO 2012 fine particulate matter 2.5 (PM2.5) BJ 14-12 Freedom of Speech Protections for Louisiana national ambient air quality standards (NAAQS) Teachers, 1859EO state implementation plan (SIP) revisions, 1847P BJ 14-13 Travel to Areas Impacted by Ebola Virus 2013 annual incorporation by reference, federal air Disease, 2183EO quality regulations, 839N, 1333R BJ 14-14 Uniformity of Policies Related to the Crime of Ambient air quality, 1189N, 1689R Sexual Assault, 2184EO Asbestos-containing materials, schools and state BJ 14-15 Bond AllocationLouisiana Community buildings, 500R Development Authority, 2185EO Asbestos (demo/reno), emission, 518R BJ 14-16 Executive BranchExpenditure Freeze, Byproduct material, 282R 2186EO Clean water state revolving loan fund, 117N, 767R BJ 14-17 Medical Expenses and Examinations Related Conrad industries delisting, 1021N, 1691R to the Crime of Sexual Assault, 2434EO Environmental assessment, reissued permits, 2649N Federal regulations, maintaining equivalency 845N, 1338R Incorporation by reference GOVERNOR Existing sewage sludge incineration units, 1765N, Administration, Division of 2540R Contractual Review, Office of LPDES program, 1191N, 1692R PPM 50, attorney case handling guidelines and billing Licenses for irradiators and well logging procedures, 1646PPM Compatibility changes, 1396N, 1926R Facility Planning and Control, Office of Technical corrections, 1396N, 1926R Uniform public work bid form, 2313N Transportation notifications, 1396N, 1926R Group Benefits, Office of Minor source permit requirements, 1766N Employee benefits, 1968N, 2315N Regional haze program Notice of withdrawal, 2422P State implementation plan (SIP), 1228P Prior authorization requirements, benefit limits, Significant monitoring concentration for PM2.5 and pharmacy benefits formulary, 1861ER significant impact levels for PM10, SO2, NOx and Property Assistance Agency CO, 1961N Electronic media sanitization, 2457ER Solid waste financial document, 292R Racing Commission Solvent contaminated wipes, 842N, 1336R Controlled medication, 2650N State implementation plan (SIP), regional haze Practices, corrupt and prohibited, 528R program, 886P, 1039P Pre-race testing, 2651N Stationary internal combustion engines, regulatory Therapeutic and/or nonsteroidal and/or anti- permit 779R inflammatory medication, 2652N Surface water quality, 1022N State Purchasing and Travel, Office of PPM 49, general travel, 1052PPM Procurement, 1778N, 2346N, 2544R Regulations, reorganization, 1346R, 2547R EXECUTIVE ORDERS State Uniform Payroll, Office of BJ 13-20 Bond AllocationCalcasieu Parish Public Charitable organizations, 1781N, 2574R Trust Authority, 1EO Tax Commission BJ 13-21 Carry-Forward Bond Allocation 2013, 1EO Ad valorem taxation, 528R, 2458ER, 2653N BJ 14-01 Executive Department—Limited Hiring Technology Services, Office of Freeze, 199EO Consolidation, 2001N BJ 14-02 Carry-Forward Bond Allocation 2013, 200EO IT bulletin, 2708P BJ 14-03 State of EmergencyExtension of Architectural Examiners, Board of Qualifying, 435EO Reinstatement, 130N, 1693R BJ 14-04 Executive BranchExpenditure Freeze, Auctioneers Licensing Board 689EO License, apprentice auctioneer, 1768N, 2540R BJ 14-05 Flags at Half Staff, 1051EO Certified Shorthand Reporters, Board of Examiners of BJ 14-06 Board of Elementary and Secondary Certification of transcript, 2305N EducationSuspension of Statewide Assessment Code of ethics, 2306N Standards and Practices Rule Revisions, 1239 EO Employment relationship with court reporting firms, BJ 14-07 State Procurement of Academic Assessments, 1472ER, 2193ER 1239EO Contractors, Licensing Board for BJ 14-08 Executive BranchNet State Tax Supported Construction management, 2004N, 0709P Debt Limitation, 1453EO Contractors, 1782N, 2574R

155 Louisiana Register Vol. 40, No.12 December 20, 2014 GOVERNOR (continued) Standards for payment Crime Victims Reparations Board Adult day health care services, 2581R Compensation to victims, 1568N Level of care determinations, 1277ER, 1905ER Eligibility requirements for sexual assault victims, Personal care services 2194ER Long-term, freedom of choice and service delivery, Financial Institutions, Office of 914ER, 1507ER, 2499ER, 2689N Judicial interest rate for 2015, 2709P State personal assistance services program, 2409N Lender education, 2654N Traumatic head and spinal cord injury trust fund Home Inspectors, Board of program, 84R Education/training, continuing education, military Adult Protective Services, Division of trained applicants, and special investigative entity, Adult protective services agency, 2407N, 2711P 1003R Behavior Analyst Board Home inspectors, 1772N, 2307N Application procedures, 436ER, 853N, 1472ER, 1929R Interior Designers, Board of Examiners Board fees, 436ER, 853N, 1472ER, 1929R Examination and registration, 1769N, 2542R Disciplinary action, 855N, 1931R Use of term, 1694R License renewal requirements, 1193N, 1932R Pardons, Board of Public Hearing―substantive changes to proposed Mission statement, 57R rule, application procedures and board fees, 1228P Parole, Committee on Supervision of behavior analysts, 1195N, 1933R Parole Behavioral Health, Office of Administration, 1963N Behavioral health services Conditions, 527R Adult, 2348N Decisions, 57R Physician payment methodology, 438ER, 1243ER, Eligibility, 1963N 1401N, 1934R Hearings, 1963N Physician reimbursement methodology, 703ER, Hearings, committee, 57R, 1024N, 1528R, 1695R 1202N, 1479ER, 1697R Meetings, committee, 57R, 1024N, 1528R, 1695R School based services, 2403N Meetings, 1963N Statewide management organization, 2384N Mission statement, 57R LaCHIP affordable plan benefits administration, Time served, 57R 704ER, 1285ER, 2201ER Types of Parole, 1963N Substance abuse services, 2386N Violations, 1528R, 1695R Supplemental payments, 705ER, 1026N, 1529R Public Defender Board Therapeutic group homes, 2405N, 2503ER Performance standards for criminal defense Children’s behavioral health services, 2388N representation in indigent capital cases, 2007N Home and community-based behavioral health services Real Estate Appraisers Board waiver, 2391N Real estate, 2005N Medicaid eligibility, behavioral health services, Real Estate Commission medically needy program, 2399N Disclosures and representations, 1569N, 2244R Psychiatric residential treatment facilities, 2400N Post license education, 403N Therapeutic group homes, 1663ER, 2503ER Real estate teams and groups, 1400N, 2245R Chiropractic Examiners, Board of Tax Appeals, Board of Dry needling, 781R Procedures for out-of-state attorneys, fee schedule and Interns, 781R local tax division, 1192N, 2708P Licensure and certification, 781R Citizens with Developmental Disabilities, Office for Certification of medication attendants, 2227ER Developmental disabilities services system, 923ER, HEALTH AND HOSPITALS 1664ER Addictive Disorder Regulatory Authority Home and community-based services waivers Addiction counselor Children’s choice, 2095N Certified, 403N, 1005R Allocation of waiver opportunities, 539R Registered, 403N, 1005R Allocation of waiver opportunities for Chisholm Aging and Adult Services, Office of class members, 464ER, 708ER Home and community-based services waivers Housing stabilization and transition services, 67R Adult day health care, 2393N Money follows the person rebalancing Covered services, 141N, 791R demonstration extension, 5ER, 540R Community choices waiver, 142N, 791R New opportunities waiver Freedom of choice, 644N, 711ER, 1098R Policy clarifications and new services, 68R Support coordination standards for participation, Residential options waiver, 6ER, 712ER, 1481ER, 1406N, 1936R 2475ER Standards for payment, 1791N Supports waiver, 1793N, 2583R Nursing facilities Housing stabilization and transition services, 81R

Louisiana Register Vol. 40, No.12 December 20, 2014 156 Infant intervention services Supplemental payments, 705ER, 1026N, 1529R System of payment, 45ER, 2138N Therapeutic group homes, 2405N HEALTH AND HOSPITALS (continued) Dentistry, Board of Examination of dentists, 131N, 783R Moderate sedation Minimal education requirements Facilities, personnel and equipment, 405N, 556N, 1094R Oral administration of versed, 1197N, 1696R Procedural requirements, 406N, 1005R Standard precautions, 407N, 1006R Sterilizer monitoring log and record retention, 1025N, 1529R Dietetics and Nutrition, Board of Examiners in Licensure, 301R Embalmer’s and Funeral Directors, Board of License, internship and inspection, 2656N Emergency Response Network Destination protocol Stroke, 189P Trauma, 190P, 2710P Protocol STEMI, 2128N Stroke, 2128N Trauma, 2128N Substantive changes public hearing Requirements for Louisiana stroke center recognition, 1848P Requirements for Louisiana STEMI receiving referral centers, 1848P Recognition STEMI receiving/referral centers, 1212N, 2590R Stroke center, 1212N, 1848P, 2590R STEMI triage protocol for pre-hospital providers, 192P Health Services Financing, Bureau of Abortion facilities Licensing standards, 203ER, 2662N Adult day health care, standards for payment, 1791N, 2581R Adult dentures program Reimbursement rate reduction, 417N, 437ER, 1006R Adult residential care providers Licensing standards, 568N, 2350N Applied behavioral analysis-based therapy services, 204ER, 898ER, 1648ER, 1862ER Behavioral health service providers Licensing standards, 598N Behavioral health services Adult, 2348N Children’s behavioral health services, 2388N Medicaid eligibility, behavioral health services, medically needy program, 2399N Physician payment methodology, 438ER, 1243ER, 1401N, 1934R Physician reimbursement methodology, 703ER, 1202N, 1479ER, 1697R School based services, 2403N Statewide management organization, 2384N LaCHIP affordable plan benefits administration, 704ER, 1285ER, 2201ER Substance abuse services, 2386N

157 Louisiana Register Vol. 40, No.12 December 20, 2014 Birthing centers HEALTH AND HOSPITALS (continued) Free-standing, 2685N Hospice services, 467ER, 1069ER, 1890ER, 2099N Coordinated care network, 310R Hospital licensing standards LaCHIP affordable plan benefits administration, Alternative birthing units, 645N, 1099R 706ER, 1479ER, 1584N, 2258R Inpatient hospital services Physician services, reimbursement methodology, Coverage of long-acting reversible contraceptives, 706ER, 1480ER, 2202ER 650N, 1104R Prescription drugs prior authorization form, 66R Elective deliveries, 1028N, 1530R Recipient participation, 640N, 1096R, 1244ER, Major teaching hospitals 1865ER Qualifying criteria, 211ER, 1073ER, 1204N, 1697R Crisis receiving centers Non-rural, non-state hospitals Licensing standards, 438ER, 1245ER, 1866ER, Children’s specialty hospitals reimbursements, 2070N 1895ER Dental benefits prepaid ambulatory health plan, 132N, Low income and needy care collaboration, 1939R 784R Reimbursement rate reduction, 21ER, 312R, 1940R Disproportionate share hospital payments, 139N, Supplemental payments, 471ER, 1075ER, 1896ER, 462ER, 790R 2104N Community hospitals, 5ER Out-of-state hospitals Louisiana low-income academic hospitals, 1066ER, Reimbursement methodology, 1270ER, 1410N, 1650ER, 2472ER 1940R Non-rural community hospitals, 707ER, 1268ER, Public-private partnerships 1402N, 1935R Reimbursement methodology, 213ER, 1076ER, Public-private partnerships, 206ER, 1067ER, 1897ER 1269ER, 1586N, 1890ER, 2259R South Louisiana area, 214ER, 1077ER, 1654ER North and central Louisiana areas, 207ER, 900ER Supplemental payments, 215ER, 1078ER, 1898ER South Louisiana area, 208ER Reimbursement methodology, 1270ER, 1411N, Early and periodic screening, diagnosis and treatment 1941R Dental program, reimbursement rate reduction, 418N, Small rural hospitals 463ER, 1007R Low income and needy care collaboration, 22ER, Personal care services, removal of parental 541R availability, 1067ER, 1587N, 1652ER, 2259R State hospitals Facility need review, 2203ER Reimbursement rate reductions, 312R Family planning services, 642N, 1068ER, 1097R, Intermediate care facilities for persons with 1652ER, 2390N, 2474ER developmental disabilities Home and community-based behavioral health services Public facilities, reimbursement methodology, 473ER, waiver, 2391N 1079ER, 1800N, 1899ER, 2588R Home and community-based services providers Intermediate care facilities for persons with intellectual Licensing standards, 209ER, 419N, 1007R, 2204ER disabilities Home and community-based services waivers Complex care reimbursements, 1899ER Adult day health care, 2393N Provider fee increase, 473ER, 1271ER, 2209ER, Covered services, 141N, 791R 2686N Children’s choice, 2095N Public facilities, reimbursement rate increase, Allocation of waiver opportunities, 539R 1655ER Allocation of waiver opportunities for Chisholm Laboratory and radiology services class members, 464ER, 708ER Reimbursement methodology, manual pricing, Housing stabilization and transition services, 67R 902ER, 1496ER, 2490ER, 2688N Money follows the person rebalancing LaCHIP affordable plan demonstration extension, 5ER, 540R Dental program Community choices waiver, 142N, 791R, 2208ER Reimbursement rate reduction, 421N, 474ER, Freedom of choice, 644N, 711ER, 1098R 1008R New opportunities waiver Managed Care Policy clarifications and new services, 68R Physical and basic behavioral health, 2105N Residential options waiver, 6ER, 712ER, 1481ER, Medicaid eligibility 2475ER Former foster care adolescents, 23ER, 24ER, 903ER, Support coordination standards for participation, 1497ER, 1589N, 2260R 1406N, 1936R Income disregards for children, 25ER, 727ER, Supports waiver, 1793N, 2583R 1498ER, 1590N, 2260R Housing stabilization and transition services, 81R Income disregards for pregnant minors, 26ER, Home health program 727ER, 1499ER, 1592N, 2260R Rehabilitation services Medically needy program Reimbursement rate increase, 210ER, 901ER, Behavioral health services, 26ER, 904ER, 1499ER, 1653ER 2491ER

Louisiana Register Vol. 40, No.12 December 20, 2014 158 Modified adjusted gross income, 28ER, 728ER, 1272ER, 2210ER Provisional Medicaid program, 216ER, 906ER, 1656ER Medical transportation program Emergency aircraft transportation Rotor winged ambulance services rate increase, 1657ER, 2493ER Emergency ambulance services Reimbursement rate reduction, 475ER, 857N, 1379R Supplemental payments, 217ER, 1029N, 1080ER, 1530R Non-emergency medical transportation, 1901ER Nursing facilities Cost reports and specialized care reimbursement, 541R Leave of absence days, reimbursement reduction, 220ER, 1082ER, 1903ER, 2122N Licensing standards, 907ER, 1501ER, 2493ER Per diem rate reduction, 220ER, 911ER, 1083ER, 1904ER, 1904ER Reimbursement methodology Low income and needy care collaboration, 144N, 221ER, 793R Private room conversions, 146N, 222ER, 794R Supplemental payments, 2498ER Specialized care reimbursement Sub-acute care, 858N Standards for payment, level of care determinations, 1277ER, 1905ER Outpatient hospital services Non-rural, non-state hospitals and children’s specialty hospitals Reimbursement rate reduction, 34ER, 313R Non-rural, non-state public hospitals Supplemental payments, 733ER, 1206N, 1505ER, 1699R Public-private partnerships Reimbursement methodology, 475ER, 1278ER, 2215ER South Louisiana area, 35ER, 912ER, 1658ER Supplemental payments, 222ER, 1084ER, 1906ER Removal of emergency room visit limits, 913ER, 1593N, 1659ER, 2261R Small rural hospitals Low income and needy care collaboration, 542R State-owned hospitals Reimbursement rate reduction, 314R Triage fees for non-emergent care, 652N, 1230P Pediatric day health care program, 476ER, 735ER, 1279ER, 2123N, 2216ER Personal care services Long-term, freedom of choice and service delivery, 914ER, 1507ER, 2499ER, 2689N Pharmacy benefits management program Medication administration Influenza vaccinations, 82R Methods of payment, 223ER, 1085ER, 1907ER State supplemental rebate agreement program, 481ER, 1088ER, 1907ER

159 Louisiana Register Vol. 40, No.12 December 20, 2014 HEALTH AND HOSPITALS (continued) Licensed Professional Counselors, Board of Examiners Pregnant women extended services Required continuing education in diagnosis for LMFTs, Dental services 2226ER Program termination, 36ER, 915ER, 1032N, 1532R Medical Examiners, Board of Substance abuse screening and intervention services, Occupational therapists 147N, 794R Licensure, certification and practice, 2057N Professional services program Occupational therapy assistants Family planning services Licensure, certification and practice, 2057N Long-acting reversible contraceptives Perfusionists; general, licensure and certification and reimbursements, 1416N, 2261R practice, 408N, 1370R Fluoride varnish applications, 315R Physician licensure Immunizations Telemedicine, 2065N Reimbursement methodology, 37ER, 916ER, Physician practice 1659ER Office-based surgery, 1413N, 2246R Provider Steering of Medicaid Recipients, 1088ER Registered nurses, advanced practice, physician Physician services collaboration, 1571N Reimbursement methodology, 39ER, 917ER, Telemedicine, 2065N 918ER, 1508ER, 1661ER, 2500ER, 2500ER, Unprofessional conduct, 2069N 2691N Nursing, Board of Public-private partnerships Advance practice registered nurses, 59R Professional practitioners, supplemental payments, Disaster permits for APRNs, 1575N, 2248R 226ER Fees for registration and licensure, 1198N, 1696R Reimbursement methodology Nursing Facility Administrators, Board of Examiners Elective deliveries, 1033N, 1533R License, refusal, suspension, and revocation, 1570N Supplemental payments, 40ER, 544R Preceptor update, continuing education, and fee Prohibition of provider steering of Medicaid recipients, schedule, 2055N 481ER, 1088ER, 1801N, 1908ER, 2589R Optometry Examiners, Board of Psychiatric residential treatment facilities, 2400N Ophthalmic surgery, authorized procedures, 1577N, Licensing standards, 1509ER, 2220ER 2249R, 2578R Recovery audit contractor program, 2222ER Pharmacy, Board of Rehabilitation clinics Compounding, 1477ER, 1785N, 2471ER Physical and occupational therapies Prescriber use, 202ER, 702ER Reimbursement rate increase, 227ER, 919ER, Prescription monitoring program 1662ER Delegates, 564N, 1095R Termination of coverage for recipients 21 and older, Dispenser reporting to, 2658N 41ER, 228ER, 1035N, 1090ER, 1533R Veterinarian exclusion, 566N, 1096R Rural health clinics Prescriptions, 1200N, 2169P Fluoride varnish applications, 82R Expiration date of schedule II, 2660N School based health centers Records, pharmacy 558N, 1633P, 2252R Rehabilitation services Special event pharmacy permit, 1788N Reimbursement rate increase, 229ER, 920ER, Substantive changes public hearing, pharmacy records, 1663ER 1633P State children’s health insurance program Practical Nurse Examiners, Board of Coverage of prenatal care services, 42ER, 739ER, Advanced standing, 1581N, 2577R 1283ER, 2225ER Fees, 1581N, 2577R LaCHIP affordable plan benefits administration, Licensure, 1581N, 2577R 740ER, 1511ER, 2502ER Regular admissions, 1581N, 2577R Modified adjusted gross income, 741ER, 1284ER, Psychologists, Board of Examiners 2226ER Licensure, provisional, 1474ER Prenatal care services, 545R Licensed specialists in school psychology, 2195ER Targeted case management Public Health, Office of HIV coverage termination, 43ER, 920ER, 1208N, Added controlled dangerous substances, 742ER, 1700R 1288ER, 2228ER Nurse family partnership, program termination, 44ER, Health examination for employees, volunteers and 922ER, 1210N, 1701R patients at certain medical facilities, 1404N, 1941R Reimbursement methodology, 1091ER, 1909ER Minimum disinfectant residual levels in public water Therapeutic group homes, 1663ER, 2503ER systems, 483ER, 1289ER, 2229ER Licensing standards, 1286ER, 1910ER Mobile food establishments, 1008R Third party liability Plumbing fixtures, water supply and distribution, and Provider billing and trauma recovery, 83R referenced standards, 653N, 2422P

Louisiana Register Vol. 40, No.12 December 20, 2014 160 HEALTH AND HOSPITALS (continued) Concurrent Resolutions Public Hearingsubstantive changes to proposed rule House amendmentsplumbing fixtures, water supply and No. 3, amends and reenacts Office of Financial distribution, 2422P Institution rules, 1225L Reclassification of failure to obtain a food safety No. 170, directs state agencies to consider certain certification as a class A violation, 1803N, 2414N provider impact issues and to issue certain Registration of foods, drugs, cosmetics, and provider impact statements prior to rule prophylactic devices, 1417N, 1805N, 1943R promulgation, 1226L Shellstock refrigeration, 1009R Special supplemental nutrition program for women, infants and children, 1634P Family Health, Bureau of LOUISIANA STATE UNIVERSITY AND Maternal and child health block grant, 1230P AGRICULTURAL AND MECHANICAL COLLEGE, Radiologic Technology Board of Examiners BOARD OF SUPERVISORS Radiologic technologists, 1594N, 2262R Procurement and Property Management, Office of Secretary, Office of the University pilot procurement code, 2141N Community and family support system Flexible family fund, 3ER, 551N, 896ER, 1522R Social Work Examiners, Board of General requirements, 303R NATURAL RESOURCES Veterinary Medicine, Board of Coastal Management, Office of Animal euthanasia technicians, certified, 307R Fisherman’s gear compensation fund Board meeting dates, 2422P Administration of, 1419N, 1943R Examination dates Claims, 2155N Fall/winter, 1438P Hydrocarbon storage wells in salt dome cavities, 342R Spring/summer, 2709P Injection wells, class III (solution-mining), 316R Fees, 1582N, 2258R Mitigation, 88R, 148N, 1010R, 1811N, 2594R Licensure procedures, 307R Statewide orders no. 29-B and 29-B-a, 230ER Preceptorship program, 307R Use permits, 1913N, 2595R Professional conduct, 307R Conservation, Office of Veterinary Carbon dioxide enhanced oil recovery, 2692N Practice, 307R Fees, 1600N, 2266R Technicians, registered, 307R Orphaned oilfield sites, 429P, 886P, 1039P, 1230P, 1438P, 1634P, 2170P, 2423P, 2711P Plug and abandonment of oil and gas wells Financial security, 2156N INSURANCE Utility review status, 2156N Commissioner, Office of the Statewide orders Approved assurance organizations, 1807N, 2592R 29-B, 1293ER, 1913ER Regulation 66 Commercial facilities and transfer stations setbacks, Directors, 795R extending 1422N, 2694N Officers, 795R E and P waste for hydraulic fracture stimulation, Trustees of domestic regulated entities, 795R 1814N, 2596R Rule number 8 Two well tests per year, 1602N, 2596R Annuity mortality table, reserve liabilities for 29-B-a, 1293ER, 1913ER annuities, 1215N, 1702R 29-M, class II hydrocarbon storage wells in salt dome Health Insurance, Office of cavities, 1603N Annual HIPAA assessment rate, 1230P 29-M-3, class III solution-mining injection wells, 1606N Engineering-Regulatory Division Advanced notice of rulemaking and solicitation of LEGISLATION comments on financial security for the plug and Committee Reports abandonment of oil and gas wells and determinations Report of House Committee on Commerce on rule ch of future utility, 1441P anges proposed by the Real Estate Commission, Environmental Division 1227CR Nelson energy, inc., hearing notice, 1849P

161 Louisiana Register Vol. 40, No.12 December 20, 2014 NATURAL RESOURCES (continued) Oil Spill Coordinator’s Office Secretary, Office of the Calcasieu River oil spill Fishermen's Gear Compensation Fund Notice of intent to conduct restoration planning, Underwater obstruction coordinates, 2170P Latitude/longitude 193P, 430P, 683P, 889P, 1040P, Deepwater Horizon oil spill 1231P, 1441P, 1634P, 1849P, 2170P Final Programmatic and phase III early restoration plan and final early restoration programmatic environmental impact statement, 1441P Programmatic and phase III early restoration plan and PUBLIC SAFETY AND CORRECTIONS draft early restoration programmatic environmental Corrections Services impact statement, 193P, 1040P Adult offenders, disciplinary rules and procedures, Lake Grande Ecaille, Mosquito Bay, and Little Lake oil 241ER, 422N, 1010R, 1104R spill restoration plan, 1042P, 1444P Ameliorative penalty consideration, 1815N, 2599R State Police, Office of Good time, restoration 1609N, 2268R Explosives, inventory reporting and recordkeeping, Home incarceration/electronic monitoring pilot 1831N, 2608R program, 1611N, 2268R Motor carrier safety revision date and weight, 371R Offender incentive pay and other wage compensation, Towing, recovery and storage, 797R 1817N, 2600R Underground utilities, 149N, 1111R Gaming Control Board Uniform Construction Code Council Application and license, 660N, 1105R Uniform construction code, 1832N, 2609R Application and reporting forms, 859N, 1379R Certification, 861N, 1380R Landbased casino 1612N Collection and deduction, 1612N, 2270R REVENUE Disallowed deductions, 1614N, 2271R Alcohol and Tobacco Control, Office of Devices, distance between, 662N, 1106R Caterer’s permits, 669N Electronic submission of documents, 862N, 1381R Expiration dates, staggering, 676N, 1114R Enforcement actions of the board, 660N, 662N, 664N, Regulation IX, prohibition of certain unfair business 1105R, 1106R, 1107R practices, 671N Gaming devices, electronic, 1615N, 2271R Regulation XI, fairs, festivals and special events, 674N, Revenues, 664N, 1107R 1112R Video draw poker, 665N, 1108R, 1381R Regulation XIII, posting of the national human Application and licensure, 863N, 1384R trafficking resource center hotline, 675N, 1113R Devices Responsible vendor program, 670N, 1113R Operation, 662N, 1106R Stamping agent and exporter, 676N, 1114R Placement, 867N, 1386R Policy Services Division Maintenance and penalty schedule, 864N, 1384R Filing extensions for partnerships filing composite Penalty schedule, 866N, 1385R returns, 801R Liquefied Petroleum Gas Commission Income tax credits for solar energy systems, 1837N, Liquefied petroleum gas, 868N 2611R National fire protection association pamphlet numbers Natural gas severance tax rate, 889P 54 and 58, 2504ER, 2695N New markets jobs act, premium tax credit, 2696N Permits, classes of, 1423N Partnership composite return requirement, composite Motor Vehicles, Office of payment requirement, exceptions, 91R Commercial Penalty waiver, 2699N Driver's license, 90R Remittance of tax under protest, suits, or petitions to Driving schools, 1925ER, 2159N recover, 2615R Class D and E licenses, 1666ER, 1821N, 2603R Tax Driving schools and instructors, 369R Income, 1835N Surety bonds, 1669ER, 1823N, 2603R Franchise, 1835N Electronic reporting of interlock installation, 1824N, Voluntary disclosure agreements, 2701N 2604R Secretary, Office of the License plates Louisiana tax delinquency amnesty act of 2014, Dealer, 1820N, 2602R 1670ER, 2161N Educator, 1820N, 2602R Retired law officer, 1820N, 2602R Public tag agents, 47ER, 370R Removal of license plate when owner/operator is STATE suspended, 1827N, 2607R Commercial Division Title transactions, 1829N, 2607R Uniform Commercial Code, Office of Uniform commercial code, 871N, 1387R

Louisiana Register Vol. 40, No.12 December 20, 2014 162 STATE (continued) Feral hogs, aerial control permits, 1424N, 2282R Elections Division Film and entertainment industry animal permits, 877N, Merit evaluation for registrars of voters, 2233ER, 1947R 2703N Game fish fingerling aquaculture, 546R Voter registration lists, sale of, 372R Greater amberjack commercial season closure, 1671ER Louisiana programs Fisheries forward, 1428N, 2235ER Public hearing, 1849N TRANSPORTATION AND DEVELOPMENT Wild seafood certification, 804R, 1431N, 2616R Engineering, Office of Migratory bird season, 2014-15, 1305ER Access connection permits, 151N, 1011R Natural and scenic river systems, 546R Operations, Office of Orleans Parish hunting closure, 94R Ferry operations, 422N, 1616N, 2597R Oysters Louisiana transportation authority, 1220N 2014-2015 season, 1512ER Off-road equipment, noncritical, 155N, 1116R Season delay, 2237ER Special permits for transporting hay, 1221N, 1945R Permits Professional Engineering and Land Surveying Board Experimental fisheries, 545R Board committees, 874N, 1388R Feral hogs, aerial control, 1424N Professional engineer licensure Freshwater, 545R Examination/experience, 874N, 1388R Lake Bruin, special, 548R Transportation Authority Old River Lake permits, 548R Toll appeal procedureLA 1, 1036N, 1946R Recreational offshore landing, 94R, 2705N Possession limit Port Eads, 1223N, 1634P Possession of potentially dangerous TREASURY Cats, big exotic, 1431N, 1841N Deferred Compensation Commission Primates, non-human, 1431N, 1841N Deferred compensation plan, public employees, 1629N, Wild quadrupeds, 1431N, 1841N 2280R Public hearing, Louisiana wild seafood certification Louisiana Housing Corporation program, 193P Workforce housing initiative program, 2162N Recreational and commercial fisheries closure, 487ER, Teachers' Retirement System of Louisiana, Board of Tr 1092ER ustees Recreational and commercial fisheries reopening, Defined benefit plan, 2417N 1671ER, 2505ER Retirement plan, optional, 1619N, 2272R Red snapper Recreational harvest limits, 925ER Recreational season modification, 489ER Reef fish WILDLIFE AND FISHERIES Harvest, 95R, 1116R, 1630N, 2281R Fisheries, Office of Resident game hunting season, general and WMA Reef fish, harvest, 1630N Turkey hunting, 96R Wildlife and Fisheries Commission Areas, 99 Bass Bag limits, 99R Black, 876N, 1558R Seasons, 99R Largemouth, 182N, 803R Scuba season, Toledo Bend, 548 Bird dog training areas and resident game hunting Shark season, 156N, 1534R Coastal, large and small commercial season opening, Catch and cook program and permit, 2154N 2504ER Catfish Large, season closure, 1092ER Louisiana/Texas border waters, 181N, 802R Shrimp Commercial fishing Fall inshore—opening dates, 1515ER Modification of season Season closures, 48ER False River Lake, 679N, 1925ER, 1946R Spring inshore Lake Bruin, 679N, 1925ER, 1946R Calcasieu, 1515ER Lake Providence, 679N, 1925ER, 1946R Lake Pontchartrain basin, portions of, 1515ER Crab traps Mermentau, 1515ER Abandoned, removal, 96R, 1843N Sabine, 1515ER Crappie, daily take on Bayou D’Arbonne Lake, 1427N, Terrebonne, Barataria and portions of the Lake 2285R Pontchartrain basin, 1306ER Deer season Vermilion/Teche river basin, 1306ER Veteran’s, resident honorably discharged, 1091ER State outside waters Partial closure, 2505ER

163 Louisiana Register Vol. 40, No.12 December 20, 2014 WILDLIFE AND FISHERIES (continued) Employer registration when required, 549R Spanish Lake state game and fishing preserve, 425N, Employment security law, 374R, 426N, 1118R 1117R Overpayment recovery; civil penalties, 427N, 1118R Substantive changes hearing, Port Eads possession limit, Overpayment recovery and electronic filing, waiver 1634P 806R Traversing Louisiana territorial waters by Mississippi Public hearing, substantive changes to proposed rule, residents, 100R appealed claims for board of review, 194P Tripletail Workers' Compensation, Office of Harvest, 373R Appeals of the decision of the medical director and Tuna preliminary determinations of the average weekly Harvest, 101R wage, 1844N Waterfowl Average weekly wage rate, 1635P 2014-2015 season dates, 1514ER Fee schedule, 374R Medical guidelines, 1119R Notice of payment, modification, suspension, termination or controversion of compensation or WORKFORCE COMMISSION medical benefits, 386R Unemployment Insurance Administration, Office of Outlier reimbursement and appeals procedures, 2706N Board of review, notice of hearing, 374R Public hearing, utilization review procedures, 194P Determining whether workers are employees or Utilization review procedures, 1163R independent contractors, 548R

Louisiana Register Vol. 40, No.12 December 20, 2014 164