CONTENTS November 2016
I. EXECUTIVE ORDERS
JBE 16-70 Termination of Specified Executive Orders 1799
JBE 16-71 Emergency Suspension of Certain Insurance Code Provisions¾Amended 1799
JBE 16-72 Flags at Half-Staff¾Representative Forrest Dunn, Jr. 1800
JBE 16-73 Amended and Restated Conditions for Participation in the Industrial Tax Exemption Program 1800
II. EMERGENCY RULES
Agriculture and Forestry
Office Agricultural and Environmental Sciences¾Citrus Canker Disease Quarantine (LAC 7:XV.127) 1803
Emerald Ash Borer Quarantine (LAC 7:XV.167) 1804
Children and Family Services
Licensing Section¾Residential Home (LAC 67:V.Chapter 71) 1805
Education
Board of Elementary and Secondary Education¾Bulletin 996¾Standards for Approval of Teacher and/or
Educational Leader Preparation Programs (LAC 28:XLV.Chapter 7) 1847
Governor
Board of Examiners of Certified Shorthand Reporters¾Applications for Examinations (LAC 46:XXI.301) 1850
Health
Board of Examiners of Nursing Facility Administrators¾Registration of Licenses and Certificates
(LAC 46:XLIX.1103) 1850
Bureau of Health Services Financing¾Home and Community-Based Services Waivers
Community Choices Waiver¾Electronic Visit Verification (LAC 50:XXI.9305) 1852
Intermediate Care Facilities for Persons with Developmental Disabilities¾Licensing Standards
(LAC 48:I.8595 and 8599) 1852
Intermediate Care Facilities for Persons with Intellectual Disabilities¾Supplemental Payments
(LAC 50:VII.32917) 1854
Personal Care Services—Long-Term¾Standards for Participation¾Electronic Visit Verification
(LAC 50:XV.12909) 1855
Office of Aging and Adult Services¾Home and Community-Based Services Waivers¾Community Choices
Waiver¾Electronic Visit Verification (LAC 50:XXI.9305) 1852
Personal Care Services—Long-Term¾Standards for Participation¾Electronic Visit Verification
(LAC 50:XV.12909) 1855
Insurance
Office of the Commissioner—Emergency Rule 29—Homeowner and Fire/Commercial Insurance Policy
Disclosure Forms (LAC 37:XIII.Chapter 153) 1855
Emergency Rule 30¾Suspension of Right to Cancel or Nonrenew—Residential, Commercial
Residential, or Commercial Property Insurance due to Historic Flooding (LAC 37:XI.Chapter 51) 1859
Emergency Rule 31¾Privacy of Consumer (LAC 37:XIII.Chapter 99) 1862
III. RULES
Agriculture and Forestry
Board of Animal Health¾Alternative Livestock¾White-Tailed Deer and Other Captive Cervids
(LAC 7:XXI.Chapter 17) 1864
Office of Animal Health and Food Safety¾Alternative Livestock¾White-Tailed Deer and Other Captive
Cervids (LAC 7:XXI.Chapter 17) 1864
Office of Forestry¾Forest Productivity Program (LAC 7:XXXIX.Chapter 13) 1868
Education
Board of Elementary and Secondary Education¾Bulletin 126¾Charter Schools¾Length of the Initial Term
for Type 3B Charter Schools (LAC 28:CXXXIX.519) 1868
Bulletin 129—The Recovery School District¾Return of Schools to Local School Board
(LAC 28:CXLV.505) 1869
Bulletin 139—Louisiana Child Care and Development Fund Programs (LAC 28:CLXV.103 and 515) 1870
Bulletin 140—Louisiana Early Childhood Care and Education Network (LAC 28:CLXVII.101, 103, 313,
503, 509-517, 521, 703-709, and 713) 1870
This public document was published at a total cost of $2,450. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $2,450. The total cost of all printings of this document including reprints is $2,450. 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.
Bulletin 741―Louisiana Handbook for School Administrators (LAC 28:CXV.1103, 2307, 2318,
2907, 3309, and 3701) 1877
Bulletin 746¾Louisiana Standards for State Certification of School Personnel (LAC 28:CXXXI.417) 1879
Board of Regents, Office of Student Financial Assistance¾Scholarship/Grant Programs
(LAC 28:IV.301, 701, 703, and 2107) 1880
Environmental Quality
Office of the Secretary, Legal Division¾Operating Time of Emergency Engines (LAC 33:III.311)(AQ366) 1883
Reportable Quantity List for Pollutants (LAC 33:I.3905, 3917, and 3931)(OS093) 1884
Governor
Real Estate Commission¾Documentation (LAC 46:LXVII.305) 1886
Health
Bureau of Health Services Financing¾Healthcare Services Provider Fees¾Emergency Ambulance Service
Providers (LAC 48:I.Chapter 40) 1886
Healthcare Services Provider Fees¾Hospital Fee Assessments (LAC 48:I.4001) 1888
Medicaid Eligibility¾Medically Needy Program (LAC 50:III.2313) 1888
Medicaid Eligibility¾New Adult Eligibility Group (LAC 50:III.2317) 1889
Medical Transportation Program¾Emergency Ambulance Services¾Enhanced Reimbursements
(LAC 50:XXVII.331) 1890
Nursing Facilities¾Licensing Standards (LAC 48:I.Chapters 97-99) 1891
Personal Care Services¾Long-Term¾Non-Medical Transportation Services (LAC 50:XV.12903) 1931
Office of Aging and Adult Services¾Personal Care Services¾Long-Term¾Non-Medical Transportation
Services (LAC 50:XV.12903) 1931
Emergency Response Network Board¾Trauma Program Recognition (LAC 48:I.Chapter 197) 1931
Insurance
Office of the Commissioner¾Regulation 31¾Holding Company (LAC 37:XIII.Chapter 1) 1932
Regulation 40¾Summary Document and Disclaimer and Notice of Noncoverage (LAC 37:XIII.Chapter 9) 1938
Regulation 78¾Policy Form Filing Requirements (LAC 37:XIII.Chapter 101) 1940
Natural Resources
Office of Conservation¾Fees (LAC 43:XIX.Chapter 7) 1957
Treasury
Board of Trustees of the Assessor’s Retirement Fund¾Actuarial Equivalent and Full-Time Determinations
(LAC 58:XIX.103 and 107) 1959
Board of Trustees for the Registrar of Voters Employees’ Retirement System¾Calculation of Post-Drop
Final Average Compensation (LAC 58:XVII.301) 1960
Board of Trustees for the State Police Retirement System¾Election Procedures, Ballots, Tabulations,
Oath of Office, Vacancy (LAC 58:IX.Chapter 3) 1961
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Blue Crab Harvest (LAC 76:VII.346) 1962
IV. NOTICE OF INTENT
Agriculture and Forestry
Office of Agricultural and Environmental Sciences¾Emerald Ash Borer Quarantine (LAC 7:XV.167) 1963
Medical Marijuana (LAC 7:XLIX.Chapters 1-31) 1964
Children and Family Services
Licensing Section¾Residential Home (LAC 67:V.Chapter 71) 1985
Economic Development
Office of Business Development¾Industrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 2031
Education
Board of Elementary and Secondary Education¾Bulletin 111¾The Louisiana School, District, and
State Accountability System (LAC 28:LXXXIII.603) 2037
Bulletin 113¾Louisiana's Reading and Language Competencies for New Teachers
(LAC 28:XCV.Chapters 1-17) 2039
Bulletin 126¾Charter Schools (LAC 28:CXXXIX.107, 301, 307, 309, 401-411, 417-423, 521, 523, 707,
2301, 2303, 2701, 2703, 2707, 2709, and 2713) 2044
Bulletin 1922¾Compliance Monitoring Procedures (LAC 28:XCI.101, 105, 107, 109, 301, 303, 305, 307,
311, and 313) 2050
Tuition Trust Authority, Office of Student Financial Assistance¾Achieving a Better Life Experience (ABLE)
Program (LAC 28:VI.Chapter 5) 2053
Environmental Quality
Office of the Secretary, Legal Division¾Recordkeeping for Sources Exempt from Air Permitting
(LAC 33:III.501)(AQ367) 2060
Governor
Board of Architectural Examiners¾Professional Architectural Corporations, Architectural-Engineering
Corporations, and Limited Liability Companies (LAC 46:I.Chapter 17) 2061
Board of Examiners of Certified Shorthand Reporters¾Applications for Examinations (LAC 46:XXI.301) 2065
Commission on Law Enforcement¾Peace Officer Training (LAC 22:III.Chapter 47) 2066
Health
Bureau of Health Services Financing¾Behavioral Health Services¾Healthy Louisiana and Coordinated
System of Care Waiver (LAC 50:XXXIII.Chapters 1, 3 and 7) 2068
Disproportionate Share Hospital Payments¾Inpatient Psychiatric Services¾Reimbursement Rate
Reduction (LAC 50:V.2903) 2070
Home and Community-Based Behavioral Health Services Waiver (LAC 50:XXXIII.Chapters 81-83) 2072
Home and Community-Based Services Waivers¾Adult Day Health Care Waiver¾Transportation Costs
(LAC 50:XXI.2905) 2073
Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Public Hospitals Supplemental Payments
(LAC 50:V.963) 2075
Intermediate Care Facilities for Persons with Intellectual Disabilities¾Evacuation and Temporary
Sheltering Costs (LAC 50:VII.33103 and 33105) 2076
Nursing Facilities¾Evacuation and Temporary Sheltering Costs (LAC 50:II.20019) 2080
Psychiatric Residential Treatment Facilities¾Licensing Standards (LAC 48:I.9047) 2082
Office of Aging and Adult Services¾Home and Community-Based Services Waivers¾Adult Day Health Care
Waiver¾Transportation Costs (LAC 50:XXI.2905) 2073
Office of Behavioral Health¾Behavioral Health Services¾Healthy Louisiana and Coordinated System of
Care Waiver (LAC 50:XXXIII.Chapters 1, 3 and 7) 2068
Home and Community-Based Behavioral Health Services Waiver (LAC 50:XXXIII.Chapters 81-83) 2072
Office of Public Health¾Special Supplemental Nutrition Program for Women, Infants and Children (WIC)
(LAC 48:V.Chapters 41-45) 2083
Insurance
Office of the Commissioner¾Regulation 76—Privacy of Consumer (LAC 37:XIII.9901 and 9913) 2098
Regulation 107—Homeowners and Fire/Commercial Insurance Policy Disclosure Forms
(LAC 37:XIII.Chapter 153) 2096
Natural Resources
Office of Conservation¾Financial Security for the Plug and Abandonment of Oil and Gas Wells and
Determinations of Future Utility (LAC 43:XIX.104) 2099
Transportation and Development
Professional Engineering and Land Surveying Board¾Graduates with Advanced Engineering Degrees and
Preliminary Work Disclaimers (LAC 46:LXI.901 and 2701) 2100
V. COMMITTEE REPORTS
House of Representatives Insurance Committee¾House Committee Report Upon Unacceptable
Determination¾Regulation 106¾Replacement of Limited Benefit Insurance Policies
(LAC 37:XIII.Chapter 149) 2103
VI. POTPOURRI
Environmental Quality
Office of the Secretary, Legal Division¾Notice of Public Hearing¾Substantive Changes to Proposed Rule
AQ364¾Work Practice Standards during Start-up and Shutdown (LAC 33:III.2201)(AQ364S) 2104
State Implementation Plan for Regional Haze Program¾Electrical Generating Units BART 2104
Health
Board of Veterinary Medicine¾Examination Dates; Board Meetings and Nominations 2105
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Public Hearing—Substantive Changes to Proposed Rule
Cervid Carcass Importation (LAC XIX.V.119) 2105
VII. INDEX 2107
1799
Louisiana Register Vol. 42, No. 11 November 20, 2016
Executive Orders
1799
Louisiana Register Vol. 42, No. 11 November 20, 2016
EXECUTIVE ORDER JBE 16-70
Termination of Specified Executive Orders
WHEREAS, Proclamation No. 111 JBE 2016, issued on August 12, 2016, and continued by Proclamation No. 127 JBE 2016, declared a state of emergency for the State of Louisiana due to the heavy rain and flooding;
WHEREAS, the federal government has issued a major disaster declaration pursuant to the Stafford Act due to the widespread damage caused by the flooding;
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, La. R.S. 29:721 et seq., confers upon the Governor of the State of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or manmade causes, in order to ensure that preparations of this State will be adequate to deal with such emergencies or disasters and to preserve the lives and property of the people of the State of Louisiana;
WHEREAS, pursuant to this authority, the following non-exhaustive list of Executive Orders were issued: JBE 16-52, concerning temporary suspension of licensure requirements for emergency medical technicians; JBE 16-54, concerning the use of state vehicles during an emergency; JBE 16-55 concerning emergency procedures for conducting state business; JBE 16-56, declaring a state of emergency in East Baton Rouge Parish; and JBE 16-59, concerning temporary suspension of licensure requirements for medical professionals and personnel licensed out-of-state; and
WHEREAS, there is no longer a need to continue certain specific emergency orders.
NOW THEREFORE, I, JOHN BEL EDWARDS, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: I hereby terminate Executive Orders JBE 16-52, JBE 16-54, JBE 16-55, JBE 16-56 and JBE 16-59, effective immediately.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 11th day of October, 2016.
John Bel Edwards
Governor
ATTEST BY
THE GOVERNOR
Tom Schedler
Secretary of State
1611#079
EXECUTIVE ORDER JBE 16-71
Emergency Suspension of Certain
Insurance Code Provisions¾Amended
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, La. R.S. 29:721 et seq., confers upon the Governor of the State of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or manmade causes, in order to ensure that preparations of this State will be adequate to deal with such emergencies or disasters and to preserve the lives and property of the people of the State of Louisiana;
WHEREAS, Proclamation No. 111 JBE 2016, issued on August 12, 2016, and continued by Proclamation No. 154 JBE 2016, declared a state of emergency for the State of Louisiana due to the heavy rain and flooding, which continues to threaten the safety and security of the citizens of Louisiana;
WHEREAS, Executive Order No. JBE 16-58, signed August 17, 2016, as renewed by Executive Order No. JBE 16-67, signed September 12, 2016, transferred to the Commissioner of Insurance limited authority to suspend provisions of any regulatory statute of Title 22 of the Louisiana Revised Statutes of 1950 concerning the cancellation, termination, nonrenewal and/or reinstatement provisions of Title 22;
WHEREAS, thousands of Louisiana citizens have suffered damage to their residential, commercial residential or commercial property due to the historic flooding, and many such properties have been severely damaged or destroyed;
WHEREAS, insurers have been working diligently to adjust and pay claims, however, due to a shortage in building materials, contractors, construction workers or delays in claim payments, many policyholders will be unable to repair and/or reconstruct their residential, commercial residential or commercial property within typical time frames;
WHEREAS, the extended time period to repair and/or reconstruct residential, commercial residential or commercial property continues to affect the ability of Louisiana insureds to maintain or obtain personal residential, commercial residential or commercial property insurance for residential property or commercial property and has created an immediate threat to the public health, safety and welfare of Louisiana citizens; and
WHEREAS, the Commissioner has requested and deemed it necessary to extend the time period for which he is extended the authority to suspend provisions of any
regulatory statute of Title 22 of the Louisiana Revised Statutes of 1950 concerning the cancellation, termination, nonrenewal and/or reinstatement provisions of Title 22 due to the continued impact of the flooding.
NOW THEREFORE, I, JOHN BEL EDWARDS, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: Section 3 of Executive Order JBE 2016-58, signed August 17, 2016, shall be amended as follows:
This Order shall apply retroactively from Friday, August 12, 2016, and shall continue through Thursday, February 9, 2017, unless amended, terminated, or rescinded by the Governor prior thereto.
SECTION 2: All other paragraphs, subsections, and sections of Executive Order JBE 2016-58 shall remain in full force and effect.
SECTION 3: This Order is effective upon signature and shall continue in effect through Thursday, February 9, 2017, unless amended, terminated, or rescinded by the Governor prior thereto.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 11th day of October, 2016.
John Bel Edwards
Governor
ATTEST BY