I. Emergency Rules
CONTENTSDecember 2016
I. EMERGENCY RULES
Agriculture and Forestry
Office of Animal Health and Food SafetyMovement of Turtle Eggs and Turtles (LAC 7:XXI.1909)...... 2118
Education
Board of Elementary and Secondary EducationBulletin 126Charter Schools
...... (LAC 28:CXXXIX.Chapter 27) 2118
Bulletin 996Standards for Approval of Teacher and/or Educational Leader Preparation Programs
...... (LAC 28:XLV.Chapter 7) 2121
Governor
Division of Administration, Tax CommissionAd Valorem Taxation (LAC 61:V.101, 111, 121, 203, 213, 303,
...... 304, 703, 901, 907, 1103, 1307, 1503, 1701, 1703,2503, 3101, 3103, 3105, 3106, 3107 and 3501) 2122
Health
Board of PharmacyAccreditation of Pharmacy Technician Training Programs (LAC 46:LIII.905)...... 2136
Reinstatement of Controlled Dangerous Substance (CDS) Licenses (LAC 46:LIII.2707)...... 2137
Standing Orders for Distribution of Naloxone (LAC 46:LIII.2541)...... 2137
Bureau of Health Services FinancingAbortion FacilitiesLicensing Standards (LAC 48:I.4431)...... 2139
Applied Behavior Analysis-Based Therapy ServicesReimbursement Rate Realignment
...... (LAC 50:XV.703) 2141
Disproportionate Share Hospital PaymentsInpatient Psychiatric ServicesReimbursement Rate
...... Reduction (LAC 50:V.959, 2709, and 2903) 2142
Healthcare Services Provider FeesNursing Facility Services Providers (LAC 48:I.4001)...... 2143
Inpatient Hospital ServicesNon-Rural, Non-State HospitalsReimbursement Rate Increase
...... (LAC 50:V.Chapter 9) 2143
Nursing FacilitiesReimbursement Methodology (LAC 50:II.Chapter 200)...... 2145
Nursing FacilitiesReimbursement MethodologyPass Through Rate Increase (LAC 50:II.20005)...2151
Outpatient Hospital ServicesNon-Rural, Non-State Hospitals and Children’s Specialty Hospitals
...... Reimbursement Rate Increase (LAC 50:V.5313, 5317, 5513, 5517, 5713, 5719, 6115 and 6119) 2151
Pediatric Day Health Care FacilitiesLicensing Standards (LAC 48:I.5239)...... 2153
Pediatric Day Health Care Program (LAC 50:XV.27501, 27503, 27901 and 28101)...... 2154
Psychiatric ResidentialTreatment FacilitiesLicensing Standards (LAC 48:I.9047)...... 2155
Office of Public HealthBurial or Cremation of Aborted Human Remains (LAC 51:XXVI.102)...... 2156
Wildlife and Fisheries
Wildlife and Fisheries CommissionPartial Closure of State Outside Waters to Shrimping...... 2156
Workforce Commission
Plumbing BoardPlumbersIntroductory Information; Licenses; Revocation and Related Administration
.....Proceedings; Continuing Professional Education Programs (LAC 46:LV.101, 301, 303, 307, 308, 309,
...... 310, 311, 312, 313, 314, 315, 901, and 1002) 2157
II. RULES
Agriculture and Forestry
Office of Animal Health and Food Safety, Board of Animal HealthFeral Swine (LAC 7:XXI.Chapter 13)..2169
Education
Board of Elementary and Secondary EducationBulletin 111The Louisiana School, District, and State
...... Accountability System (LAC 28:LXXXIII.301 and 611) 2171
Bulletin 111The Louisiana School, District, and State Accountability System
...... (LAC 28:LXXXIII.301, 405, and 613) 2172
Bulletin 137Louisiana Early Learning Center Licensing Regulations (LAC 28:CLXI.1921)...... 2173
Bulletin 139Louisiana Child Care and Development Fund Programs (LAC 28:CLXV.309, 311, 313, 321,
...... 509, and 511) 2173
Bulletin 741Louisiana Handbook for School AdministratorsTOPS University Diploma
...... (LAC 28:CXV.2318) 2176
Bulletin 1706Regulations for Implementation of the Children with Exceptionalities Act
...... (LAC 28:XLIII.540 and 543) 2177
This public document was published at a total cost of $1,600. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $1,600. The total cost of all printings of this document including reprints is $1,600. 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.
The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral
presentation of the Louisiana Register is available at the Office of the State Register, or an audio cd of requested sections of the Louisiana Register can be provided for the production cost incurred. For more information contact the Office of the State Register.
Environmental Quality
Office of the Secretary, Legal DivisionComparable Fuels and Syngas Fuel Exclusions
...... (LAC 33:V.105, 109, and 4909)(HW120ft) 2178
Hazardous Waste DelistingExcluded WastesDenka Performance Elastomer LLC (LAC 33:V.4999)
...... (HW121) 2179
Hazardous Waste Exclusions for Coal Combustion Residuals (LAC 33:V.105)(HW119ft)...... 2181
Health
Board of Drug and Device DistributorsGeneral Provisions, Requirements, Qualifications, Recordkeeping,
...... Fees, Wholesale Distributors, and Third-Party Logistics Providers (LAC 46:XCI.103, 105, Chapter 3,
...... 801, Chapter 13 and Chapter 15) 2182
Board of Medical ExaminersMedications Used in the Treatment of Obesity (LAC 46:XLV.6905)...... 2197
...... Podiatry Licensure and Certification (LAC 46:XLV.1307) 2197
Radiologic Technology Board of ExaminersRadiologic Technologists (LAC 46:LXVI.705, 713, 901, 1105,
...... 1107, 1109, 1113, 1123, 1201, 1211, 1213, 1215, and 1217) 2189
Public Safety and Corrections
Corrections ServicesEqual Employment Opportunity and Americans with Disabilities ActPersonnel
...... (LAC 22:I.201) 2191
Transportation and Development
Office of Management and FinanceDepartment Relocation of Publicly Owned or Non-Profit Utilities
...... (LAC 70:II.305) 2195
Professional Engineering and Land Surveying BoardRe-Examinations (LAC 46:LXI.1315)...... 2196
Wildlife and Fisheries
Office of Fisheries, Wildlife and Fisheries CommissionRemoval of Abandoned Crab Traps
...... (LAC 76:VII.367) 2196
III. NOTICE OF INTENT
Agriculture and Forestry
Office of the CommissionerPlacing of Advertising or Sponsorship Signs on Department Assets
(LAC 7:V.3101)...... 2199
Economic Development
Office of Business DevelopmentGeneral ProvisionsMeetings of the Board (LAC 13:I.107)...... 2201
Governor
Division of Administration, Tax CommissionAd Valorem Taxation (LAC 61:V.101, 111, 121, 203, 213, 303,
...... 304, 703, 901, 907, 1103, 1307, 1503, 1701, 1703, 2503, 3101, 3103, 3105, 3106, 3107 and 3501) 2202
Health
Bureau of Health Services FinancingApplied Behavior Analysis-Based Therapy Services
...... Reimbursement Rate Realignment (LAC 50:XV.703) 2203
Disproportionate Share Hospital PaymentsLouisiana Low-Income Academic Hospitals
...... (LAC 50:V.2501 and Chapter 31) 2205
Home and Community-Based Services ProvidersLicensing Standards (LAC 48:I.Chapters 50 and 51)2207
Home and Community-Based Services WaiversCommunity Choices WaiverElectronic Visit
...... Verification (LAC 50:XXI.9305) 2231
Intermediate Care Facilities for Persons with Developmental DisabilitiesLicensing Standards
...... (LAC 48:I.8595 and 8599) 2233
Nursing FacilitiesReimbursement Methodology (LAC 50:II.Chapter 200)...... 2235
Personal Care Services—Long-TermStandards for ParticipationElectronic Visit Verification
...... (LAC 50:XV.12909) 2241
Office of Aging and Adult ServicesHome and Community-Based Services Waivers
...... Community Choices WaiverElectronic Visit Verification (LAC 50:XXI.9305) 2231
Personal Care ServicesLong-TermStandards for ParticipationElectronic Visit Verification
...... (LAC 50:XV.12909) 2241
Natural Resources
Office of ConservationOffsite E and P Waste Transfer Pipeline Systems (LAC 43:XIX.501 and 507)....2242
Public Safety and Corrections
Office of State PoliceConcealed Handgun Permit (LAC 55:I.Chapter 13)...... 2244
Criminal Record Search (LAC 55:I.101 and 207)...... 2250
Office of State Police, Transportation and Environmental Safety SectionMotor Carrier Safety and
...... Hazardous Materials (LAC 33:V.10303 and 10309) 2251
Motor Vehicle Inspections (LAC 55:III.807 and 819)...... 2253
Revenue
Office of Alcohol and Tobacco ControlDirect Shipment of Sparkling Wine or Still Wine (LAC 55:VII.335).2254
...... Online Grocery Pickup (LAC 55:VII.333) 2257
Policy Services DivisionInventory Tax Credits (LAC 61:I.1902)...... 2258
Transportation and Development
Office of Engineering, Traffic Engineering DivisionDesign Guidelines for Freeways, Arterial, Collector,
...... and Local Highways under the Jurisdiction of Political Subdivisions and Not in the State-Maintained
...... System (LAC 70:I.Chapter 13) 2261
Professional Engineering and Land Surveying BoardMilitary-Trained Individuals/Military Spouses and
...... Use of Seals (LAC 46:LXI.903, 909, and 2701) 2269
Workforce Commission
Plumbing BoardPlumbersIntroductory Information; Licenses; Revocation and Related Administration
.....Proceedings; Continuing Professional Education Programs (LAC 46:LV.101, 301, 303, 307, 308, 309,
...... 310, 311, 312, 313, 314, 315, 901, and 1002) 2272
IV. POTPOURRI
Agriculture and Forestry
Office of Agricultural and Environmental SciencesPublic HearingSubstantive Changes to Proposed Rule
...... Honey Bees and Apiaries (LAC 7:XV.507) 2274
Education
Board of Elementary and Secondary EducationNotice of Public HearingBulletin 1922Compliance
...... Monitoring Procedures (LAC 28:XCI.Chapters 1-3) 2274
Governor
Coastal Protection and Restoration AuthorityDraft Master Plan 2017 and State Fiscal Year 2018
...... Draft Annual PlanPublic Hearings 2275
Office of Financial InstitutionsJudicial Interest Rate for 2017...... 2275
Health
Bureau of Health Services Financing2017 First Quarter Hospital Stabilization Assessment...... 2275
Natural Resources
Office of Conservation—Orphaned Oilfield Sites...... 2275
V.INDEX...... 2279
1
Louisiana Register Vol. 42, No. 12 December 20, 2016
Emergency Rules
1
Louisiana Register Vol. 42, No. 12 December 20, 2016
DECLARATION OF EMERGENCY
Department of Agriculture and Forestry
Office of Animal Health and Food Safety
Movement of Turtle Eggs and Turtles (LAC 7:XXI.1909)
In accordance with the emergency provisions of the Administrative Procedure Act, R.S. 49:953(B), and pursuant to the authority set forth in R.S. 3:2358.2 and 3:2358.10, notice is hereby given that the Department of Agriculture and Forestry is extending an Emergency Rule amending LAC 7:XXI.1909 regarding requirements for international shipments of turtles.The Emergency Rule was initially published at LR 42:512 and was renewed at LR 42:1266.
Currently, LAC 7:XXI.1909 requires a health certificate and certified laboratory report accompany all international shipments, irrespective of whether the country of destination requires the same.Louisiana is the only state in the nation with these exit requirements in lieu of following the entry requirements for the country of destination.The current regulation is overly burdensome and adds additional cost to Louisiana turtle farmers attempting to ship their commodities internationally. By amending LAC 7:XXI.1909 to require a health certificate and certified laboratory report when required by the country of destination, instead of for every international shipment, Louisiana turtle farmers will no longer be subject to an unfair trade disadvantage.
This Rule shall have the force and effect of law on November 28, 2016, and will remain in effect 120 days, unless renewed by the commissioner of agriculture and forestry, or until permanent rules are promulgated in accordance with law.
Title 7
AGRICULTURE AND ANIMALS
Part XXI. Animals and Animal Health
Chapter 19.Turtles
(Formerly Chapter 23)
§1909.Movement of Turtle Eggs and Turtles
(Formerly §2307)
A.The department shall regulate the movement of turtles or turtle eggs by licensed pet turtle farmers and procedures shall include, but not be limited to, shipment into local and international commerce, as well as shipment to certified laboratories.
1.All turtles or eggs leaving a licensed turtle farm bound for a certified laboratory shall be accompanied by a certificate of inspection. A health certificate from a Louisiana licensed veterinarian stating that the turtles and/or eggs originated from a Louisiana licensed pet turtle farm shall accompany all shipments into international commerce if required by the country of destination. Each health certificate shall identify the final destination of the turtles or eggs they accompany.
2. - 6.…
7.Turtles or eggs intended for international commerce shall be conspicuously marked "For Export Only" on the outside of the shipping package.Turtles or eggs intended for international commerce shall be accompanied by a health certificate and/or a certified laboratory report if either is required by the country of destination.
8. - 9.…
AUTHORITY NOTE:Promulgated in accordance with R.S. 3:2358.2 and 3:2358.10.
HISTORICAL NOTE:Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:351 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1569 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:980 (May 2014),amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 42:
Mike Strain, D.V.M.
Commissioner
1612#001
DECLARATION OF EMERGENCY
Board of Elementary and Secondary Education
Bulletin 126Charter Schools
(LAC 28:CXXXIX.Chapter 27)
The Board of Elementary and Secondary Education (BESE) has exercised the emergency provision in accordance with R.S. 49:953(B), the Administrative Procedure Act, and R.S. 17.6 to amend LAC 28:CXXXIX, Bulletin 126Charter Schools: §2701, Students Eligible to Attend; §2703, Enrollment Capacity; §2707, Application Period; and §2709, Enrollment of Students, Lottery, and Waitlist.The initial Declaration of Emergency, effective for 120 days (from August 19, 2016, until December 16, 2016) is being extended beyond the initial period for an additional 120 days (from December 17, 2016, until April 15, 2017) and will remain in effect until the Rule is finally adopted.
The proposed revisions enable state-authorized charter schools to enroll students displaced as a result of the recent federally declared disaster, Louisiana Severe Storms and Flooding(DR-4277). BESE has exercised the emergency provision in the adoption of these policy revisions to ensure students impacted by DR-4277 continue to receive a high-quality education as their communities and schools rebuild.
Title 28
EDUCATION
Part CXXXIX. Bulletin 126Charter Schools
Chapter 27.Charter School Recruitment and Enrollment
§2701.Students Eligible to Attend
A.Type 2 Charter Schools. Students meeting residency requirements established in a type 2 charter school's charter are eligible to attend a type 2 charter school. A type 2 charter school may establish residency requirements for students living within the state or may establish residency requirements restricted to a particular parish or parishes.
1.Type 2 charter schools shall collect and verify documents substantiating the residency of each student prior to submitting residency information to statewide student information system. Acceptable documents shall be as follows:
a.mortgage (if owned);
b.tax assessor’s bill (if owned);
c.homestead exemption bill (if owned);
d.current lease of residence for the school year (if leased);
e.current rent receipt (if leased);
f.previous two months utility bill (Disconnect notices are not acceptable.):
i. gas;
ii.water or sewer;
iii.telephone (land line only);
iv.cable or satellite television bill;
v.internet service;
g.current driver’s license or government-issued identification;
h.current official letter from a government agency such as Department of Children and Family Services or Department of Health regarding services provided; or
i.current bank statements.
2.The name of the parent or legal custodians must appear on each document and the addresses must match on all documents. The residency information must be updated annually prior to the start of school for the student to be enrolled in that school year.
3.If the parent or legal custodian neither owns nor rents a residence and is therefore living with another individual, the parent or legal custodian must provide a notarized affidavit of residency signed by the parent or legal custodian of the student as well as the individual with whom the parent or legal custodian is living. The affidavit of residency must attest to the following:
a.student’s name;
b.name of parent or legal custodian;
c.address of parent or legal custodian;
d.name of the person with whom the parent or legal custodian is living;
e.a statement of attestation by the parent or legal custodian that the student is living with him at the address recorded on the affidavit and that the student has no other residence or domicile; and
f.a statement of attestation by the person with whom the parent or legal custodian is living that these persons in fact live with the individual listed.
4.The person with whom the parent or legal custodian and student are living (who has signed the notarized affidavit) must provide three forms of evidence of residency from the acceptable list of documents outlined above.
5.If parents are separated, divorced or if the legal custodian is other than the biological parents, legal custody documents, signed by a judge with a docket number, indicating the legal custodian or domiciliary parent must be provided.
6.The residency requirements must also be included in the application requirements section contained in exhibit D of the type 2 charter school contracts.
7.Nothing in this policy shall prohibit the admission or readmission to school of a student who meets the definition of homeless under the federal McKinney-Vento Act (42 U.S.C. 11431 et seq.).
B.Type 4 Charter Schools. Only students who would be eligible to attend a traditional public school operated by the local school board holding the type 4 charter or students from the same areas as those permitted to attend the preexisting school, if a conversion charter, are eligible to attend a type 4 charter school, unless an agreement with another city, parish, or other local school board is reached to allow students to attend the charter school.
C.Type 5 Charter School Transferred Pursuant to R.S. 17:10.5. Students eligible to attend a type 5 charter school transferred to the jurisdiction of the Recovery School District pursuant to R.S. 17:10.5 include those students who would have been eligible to enroll in or attend the pre-existing school under the jurisdiction of the city, parish, or other local public school board or other public school entity prior to its transfer to the recovery school district. In addition, if capacity exists, any students who are eligible to participate in a school choice program established by the prior system shall be permitted to enroll in such type 5 charter schools which have capacity for another student in the appropriate grade.
D.Type 5 Charter School Transferred Pursuant to R.S. 17:10.7. Students eligible to attend a type 5 charter school transferred to the jurisdiction of the recovery school district include any student eligible to attend any school in the system from which the school was transferred. Students eligible to attend such type 5 charter schools may be required to reside in a designated attendance zone, as set forth in a charter school's approved charter.
E.Beginning with the 2011-2012 school year, each elementary and middle charter school, other than a type 2 charter school, may request from and be granted by its chartering authority the authority to give preference in its enrollment procedures to students residing within the neighborhood immediately surrounding the school. The geographic boundaries of the neighborhood immediately surrounding such school shall be determined by the school's chartering authority. The recovery school district may grant or assign preference in its unified enrollment process, described in §2709 of this Bulletin, to students residing within geographic boundaries immediately surrounding each school, as determined by the recovery school district. Type 5 charter schools shall not reserve more than 50 percent of spots in each grade level served for such enrollment preference.
F.Notwithstanding the residency eligibility and verification requirements above, upon approval of the state superintendent, a charter school may enroll a student without such documentation who has been displaced due to a federally declared disaster in Louisiana or surrounding states. As a condition of enrollment, the parent or legal custodian must provide a form signed by the parent or legal custodian of the student that must attest to the following:
a.student’s name;
b.name of parent or legal custodian;