CONTENTS February 2014
I. EXECUTIVE ORDER
BJ 14-01 Executive Department—Limited Hiring Freeze 199
BJ 14-02 Carry-Forward Bond Allocation 2013 200
II EMERGENCY RULES
Children and Family Services
Economic Stability Section¾Student Financial Assistance Grants (LAC 67:III.5599) 202
Health and Hospitals
Board of Pharmacy¾Compounding for Prescriber Use (LAC 46:LIII.2535) 202
Bureau of Health Services Financing¾Abortion Facilities¾Licensing Standards (LAC 48:I.Chapter 44) 203
Applied Behavioral Analysis-Based Therapy Services (LAC 50:XV.Chapters 1-7) 204
Disproportionate Share Hospital Payments¾Public-Private Partnerships (LAC 50:V.Chapter 29) 206
Disproportionate Share Hospital Payments¾Public-Private Partnerships—North and Central
Louisiana Areas (LAC 50:V.2903) 207
Disproportionate Share Hospital Payments¾Public-Private Partnerships¾South Louisiana Area
(LAC 50:V.2903) 208
Home and Community-Based Services Providers¾Licensing Standards (LAC 48:I.5001, 5003, and 5055) 209
Home Health Program¾Rehabilitation Services¾Reimbursement Rate Increase (LAC 50:XIII.Chapter 9) 210
Inpatient Hospital Services¾Major Teaching Hospitals¾Qualifying Criteria (LAC 50:V.1301-1309) 211
Inpatient Hospital Services¾Public-Private Partnerships¾Reimbursement Methodology (LAC 50:V.1703) 213
Inpatient Hospital Services—Public-Private Partnerships—South Louisiana Area (LAC 50:V.1703) 214
Inpatient Hospital Services—Public-Private Partnerships—Supplemental Payments (LAC 50:V.Chapter 17) 215
Medicaid Eligibility¾Provisional Medicaid Program (LAC 50:III.2305) 216
Medical Transportation Program¾Emergency Ambulance Services¾Supplemental Payments
(LAC 50:XXVII.327 and 355) 217
Nursing Facilities¾Leave of Absence Days¾Reimbursement Reduction (LAC 50:II.20021) 220
Nursing Facilities¾Per Diem Rate Reduction (LAC 50:II.20005) 220
Nursing Facilities¾Reimbursement Methodology¾Low Income and Needy Care Collaboration
(LAC 50:II.20025) 221
Nursing Facilities¾Reimbursement Methodology¾Private Room Conversions (LAC 50:II.20010) 222
Outpatient Hospital Services¾Public-Private Partnerships¾Supplemental Payments
(LAC 50:V.Chapter 67) 222
Pharmacy Benefits Management Program—Methods of Payment (LAC 50:XXIX.105 and Chapter 9) 223
Professional Services Program¾Public-Private Partnerships¾Professional Practitioners
Supplemental Payments (LAC 50:IX.15157) 226
Rehabilitation Clinics¾Physical and Occupational Therapies¾Reimbursement Rate Increase
(LAC 50:XI.301 and 303) 227
Rehabilitation Clinics¾Termination of Coverage for Recipients 21 and Older (LAC 50:XI.103 and 301) 228
School Based Health Centers¾Rehabilitation Services¾Reimbursement Rate Increase
(LAC 50:XV.9141) 229
Natural Resources
Office of Conservation¾Statewide Orders No. 29-B and 29-B-a (LAC 43:XIX.Chapters 2 and 11) 230
Public Safety and Corrections
Corrections Services¾Disciplinary Rules and Procedures for Adult Offenders (LAC 22:I.341) 241
III. RULES
Children and Family Services
Division of Programs, Licensing Section¾Licensing Class “A” Regulations for Child Care Centers
(LAC 67:III.7302, 7303, 7304, 7305, 7311, 7315, 7317, 7331, 7333, and 7335) 243
Licensing Class “B” Regulations for Child Care Centers (LAC 67:III.7355, 7357, 7359, 7361,
7363, 7365, 7371, 7372 and 7385) 253
This public document was published at a total cost of $2,000. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $2,000. The total cost of all printings of this document including reprints is $2,000. 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 Register is available at the Office of the State Register, or an audiocassette tape of requested sections of the Register can be provided for the cost incurred by the Office of the State Register in producing such a tape. For more information contact the Office of the State Register.
Economic Development
Louisiana Economic Development Corporation¾Economic Development Award Program (EDAP),
Economic Development Loan Program (EDLOP) and Economic Development Site Readiness
Program (EDRED) (LAC 13:III.Chapter 1) 264
Small Business Loan and Guaranty Program (SBL and GP) and State Small Business
Credit Initiative (SSBCI) Program (LAC 19:VII.109 and 309) 273
Louisiana Seed Capital Program (LSCP) and Seed Capital Program for the State Small Business
Credit Initiative (SSBCI) Program (LAC 19:VII.7713 and 8713) 274
Office of the Secretary, Office of Business Development¾Economic Development Award Program (EDAP),
Economic Development Loan Program (EDLOP) and Economic Development Site Readiness
Program (EDRED) (LAC 13:III.Chapter 1) 264
Small Business Loan and Guaranty Program (SBL and GP) and State Small Business
Credit Initiative (SSBCI) Program (LAC 19:VII.109 and 309) 273
Louisiana Seed Capital Program (LSCP) and Seed Capital Program for the State Small Business
Credit Initiative (SSBCI) Program (LAC 19:VII.7713 and 8713) 274
Education
Board of Elementary and Secondary Education¾Bulletin 741¾Louisiana Handbook for School Administrators
Carnegie Credit and Credit Flexibility (LAC 28:CXV.2314) 275
Bulletin 741 (Nonpublic)¾Louisiana Handbook for Nonpublic School Administrators¾Programs of Study
(LAC 28:LXXIX.2102) 275
Bulletin 746¾Louisiana Standards for State Certification of School Personnel
(LAC 28:CXXXI.233, 235, 237, 243, 305, 309, 311, 313, 323, 348, 625, 627, 633, and 648) 276
Student Financial Assistance Commission, Office of Student Financial Assistance¾Scholarship/Grant
Programs (LAC 28:IV.301 and 1903) 281
Environmental Quality
Office of the Secretary, Legal Division¾Expanded Definition of Byproduct Material
(LAC 33:XV.102, 304, 322, 324, 328, 399, 460, 465, 499, 717, 729, 731, 732, 735, and 1302)(RP055ft) 282
Solid Waste Financial Document Update (LAC 33:VII.301, 407, 513, 517, 519, 527, 709, 717, 719,
1303, 1399, and 10313)(SW055) 292
Health and Hospitals
Board of Examiners in Dietetics and Nutrition¾Licensure (LAC 46:LXIX.101, 103, and 109) 301
Board of Social Work Examiners¾General Requirements (LAC 46:XXV.117, 119, 307, 315, 319, 703,
705, 905, 907, and 911) 303
Board of Veterinary Medicine¾Licensure Procedures, Veterinary Practice, Registered Veterinary
Technicians, Professional Conduct, Preceptorship Program, Certified Animal Euthanasia Technicians
(LAC 46:LXXXV. 301, 303, 307, 700, 702, 801, 803, 816, 1103, 1200, 1201) 307
Bureau of Health Services Financing¾Coordinated Care Network (LAC 50:I.Chapter 31, 3303, and 3307) 310
Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Reimbursement Rate Reductions
(LAC 50:V.Chapter 9) 312
Inpatient Hospital Services¾State Hospitals¾Reimbursement Rate Reductions (LAC 50:V.551) 312
Outpatient Hospital Services¾Non-Rural, Non-State Hospitals and Children’s Specialty Hospitals
Reimbursement Rate Reductions (LAC:V.5313, 5317, 5513, 5517, 5713, 5719, 6115 and 6119) 313
Outpatient Hospital Services¾State-Owned Hospitals¾Reimbursement Rate Reduction
(LAC 50:V.5319, 5519, 5715 and 6127) 314
Professional Services Program¾Fluoride Varnish Applications (LAC 50:IX.Chapter 9 and 15105) 315
Natural Resources
Office of Conservation¾Class III (Solution-Mining) Injection Wells (LAC 43:XVII.Chapter 33) 316
Hydrocarbon Storage Wells in Salt Dome Cavities (LAC 43:XVII.Chapter 3) 342
Public Safety and Corrections
Office of Motor Vehicles¾Commercial Driving Schools and Instructors (LAC 46:XXXIV.Chapters 1-5) 369
Office of State Police¾Public Tag Agents (LAC 55:I.1575) 370
Motor Carrier Safety Revision Date and Weight (LAC 33:V.10303 and 10309) 371
State
Elections Division¾Sale of Voter Registration Lists (LAC 31:II.105) 372
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Tripletail¾Harvest Regulations (LAC 76:VII.379) 373
Workforce Commission
Office of Unemployment Insurance Administration¾Employment Security Law (LAC 40:IV.303 and 364) 374
Board of Review¾Notice of Hearing (LAC 40:IV.111) 374
Office of Workers' Compensation¾Fee Schedule Update (LAC 40:I:306, 307, 4119, 4339, 5101, 5127,
5157, 5315, 5321, and 5399) 374
Notice of Payment, Modification, Suspension, Termination or Controversion of Compensation
or Medical Benefits (LAC 40:I.6631) 386
IV. NOTICES OF INTENT
Agriculture and Forestry
Office of Agriculture and Environmental Sciences¾Horticulture and Quarantine Programs (LAC 7:XV.127) 390
Education
Board of Elementary and Secondary Education¾Bulletin 118¾Statewide Assessment Standards
and Practices (LAC 28:CXI.113) 394
Bulletin 741¾Louisiana Handbook for School Administrators (LAC 28:CXV.2318, 2333, 2341, 2345,
2353, 2355, 2361, 2363, and 2369) 396
Bulletin 996—Standards for Approval of Teacher and/or Educational Leader Preparation Programs
(LAC 28:XLV.105, 107, 307, 701, and 1301) 401
Governor
Real Estate Commission¾Post License Education (LAC 46:LXVII.5527) 403
Health and Hospitals
Addictive Disorder Regulatory Authority¾Certified Addiction Counselor¾Registered Addiction Counselor
(LAC 46:LXXX.703 and 705) 403
Board of Dentistry¾Moderate Sedation, Minimal Education Requirements, Facilities, Personnel and
Equipment (LAC 46:XXXIII.1505, 1509, and 1511) 405
Procedural Requirements (LAC 46:XXXIII.1809) 406
Standard Precautions (LAC 46:XXXIII.1202 and 1203) 407
Board of Medical Examiners¾Perfusionists; General, Licensure and Certification and Practice
(LAC 46:XLV.251-255, 2701-2751, and 5801-5811) 408
Bureau of Health Services Financing¾Adult Dentures Program¾Reimbursement Rate Reduction
(LAC 50:XXV.701) 417
Early and Periodic Screening, Diagnosis and Treatment¾Dental Program¾Reimbursement Rate
Reduction (LAC 50:XV.6905) 418
Home and Community-Based Services Providers¾Licensing Standards (LAC 48:I.5001, 5003, and 5055) 419
LaCHIP Affordable Plan¾Dental Program¾Reimbursement Rate Reduction (LAC 50:III.20509) 421
Public Safety and Corrections
Corrections Services¾Disciplinary Rules and Procedures for Adult Offenders (LAC 22.I.341) 422
Transportation and Development
Office of Operations¾Ferry Operations (LAC 70:XXV.Chapter 1) 422
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Spanish Lake State Game and Fishing Preserve (LAC 76:III.329) 425
Workforce Commission
Office of Unemployment Insurance Administration¾Employment Security Law (LAC 40:IV.365) 426
Overpayment Recovery; Civil Penalties (LAC 40:IV.371) 427
V. POTPOURRI
Natural Resources
Office of Conservation¾Orphaned Oilfield Sites 429
Office of the Secretary, Fishermen's Gear Compensation Fund¾Underwater Obstruction
Latitude/Longitude Coordinates 430
VI. INDEX 431
199
Louisiana Register Vol. 40, No. 02 February 20, 2014
Executive Orders
199
Louisiana Register Vol. 40, No. 02 February 20, 2014
EXECUTIVE ORDER BJ 14-01
Executive Department¾Limited Hiring Freeze
WHEREAS, pursuant to R.S. 42:375, the Governor may issue executive orders which prohibit or regulate the filling of any new or existing vacancies in positions of employment in the executive branch of State government (hereafter "hiring freeze");
WHEREAS, R.S. 39:84 provides authority to the Governor to regulate and control personnel transactions;
WHEREAS, to limit or control the growth in government positions and to prepare for the budget challenges in the ensuing years, prudent fiscal management practices dictate that the best interests of the citizens of the State of Louisiana will be served by the implementation of a hiring freeze in the executive branch of State government to achieve at least a State general fund dollar savings of $7,000,000;
WHEREAS, higher education, direct patient care and direct public safety positions, including certain positions in the Office of Juvenile Justice and new law enforcement cadet classes in Wildlife and Fisheries and Louisiana State Police all play vital roles in the education, direct care, and safety of the citizens of our State, all of which require that certain positions in these departments be exempted from this Order;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: No vacancy in an existing or new position of employment within the executive branch of State government that exists on or occurs after the effective date of this order shall be filled which would in any manner cause the number of filled positions to exceed the ceiling as provided in Section B of this section within the department, budget unit, agency, and/or office, within the executive branch of State government. This includes Authorized Positions, Authorized Other Charges Positions, Other Compensation Positions (Non-T.O. FTEs), job appointments (Non-T.O. FTEs), and restricted appointments (Non-T.O. FTEs) (hereafter collectively referred to as “positions”).
A. The following departments, agencies, and/or budget units of the executive branch of the State of Louisiana (hereafter “Unit” and/or “Units”), as described in and/or funded by appropriations through Acts 14 and 44 of the 2013 Regular Session of the Louisiana Legislature as well as the Acts that will originate as the General Appropriations Bill and Ancillary Expenses Bill of the 2014 Session of the Louisiana Legislature (hereafter “Acts”), shall be subject to the hiring freeze as provided in this Executive Order:
Executive BranchSchedule 01—Executive Department
Schedule 03—Veterans Affairs
Schedule 05—Economic Development
Schedule 06—Culture, Recreation and Tourism
Schedule 07—Transportation and Development
Schedule 08—Corrections Services
Schedule 08—Public Safety Services
Schedule 08—Youth Services
Schedule 09—Health and Hospitals
Schedule 10—Children and Family Services
Schedule 11—Natural Resources
Schedule 12—Revenue
Schedule 13—Environmental Quality
Schedule 14—Louisiana Workforce Commission
Schedule 16—Wildlife and Fisheries
Schedule 17—Civil Service
17-560—State Civil Service
17-561—Municipal Fire and Police Civil Service
17-562—Ethics Administration
17-563—State Police Commission
17-564—Division of Administrative Law
Schedule 19—Higher Education
Schedule 19—Special Schools and Commissions
19-653—Louisiana Schools for the Deaf and Visually Impaired
19-655—Louisiana Special Education Center
19-657—Louisiana School for Math, Science and the Arts
19-662—Louisiana Educational TV Authority
19-666—Board of Elementary & Secondary Education
19-673—New Orleans Center for the Creative Arts
Schedule 19—Department of Education
Schedule 19—LSU Health Sciences Center Health Care Services Division
Schedule 21—Ancillary
21-790—Donald J. Thibodaux Training Academy
21-800—Office of Group Benefits
21-804—Office of Risk Management
21-805—Administrative Services
21-806—Louisiana Property Assistance
21-807—Federal Property Assistance
21-808—Office of Telecommunications Management
21-811—Prison Enterprises
21-829—Office of Aircraft Services
B. The Commissioner of Administration is hereby authorized to and shall establish, on a continuing basis, the number of filled positions for each such department, agency, and/or budget unit specified in Paragraph A of this Section together with the expenditure of funds appropriated for such positions.
C. After the effective date of this Order, employee transfers, promotions, reallocations, and the creation of any new positions of employment within the executive branch of State government shall not in any manner cause the number of filled positions to exceed the ceiling as provided in Section B of this section within the department, budget unit, agency, and/or office, within the executive branch of State government unless otherwise adjusted by the Commissioner of Administration.
SECTION 2: To implement the freeze provided in Section 1, the Commissioner of Administration shall set a date upon which the head of each Unit listed in Section 1 of this Order shall submit to the Commissioner of Administration a mid-year budget adjustment plan, on the BA-7 form and questionnaire, which reflects the Unit's proposed allocation of the position freeze ordered in Section 1 of this Order, and a rationale or explanation of the mid-year budget adjustment plan.
A. The allocation of the position freeze shall be implemented by the Unit only upon the Commissioner’s prior written approval of the Unit’s mid-year budget adjustment plan.