CONTENTS December 2015

I. EXECUTIVE ORDERS

BJ 15-26 Flags at Half-Staff 2515

BJ 15-27 Protecting Louisiana amid Obama Administration Plans for Resettlement of Syrian Refugees 2515

BJ 15-28 Executive Branch¾Expenditure Reduction 2516

BJ 15-29 Flags at Half Staff 2517

BJ 15-30 Qualified Energy Conservation Bond Allocation¾Louisiana Stadium and Exposition District 2517

II. EMERGENCY RULES

Children and Family Services

Division of Programs, Licensing Section¾Reasonable and Prudent Parent Standards (LAC 67:V.6703, 6708,

7105, 7111, 7305, 7311, and 7313) 2519

Education

Board of Elementary and Secondary Education¾Bulletin 111―The Louisiana School, District, and State

Accountability System (LAC 28:LXXXIII.405 and 1107) 2521

Bulletin 129—The Recovery School District (LAC 28:CXLV.505, 1103, and 1105) 2522

Bulletin 133—Scholarship Programs (LAC 28:CLIII.1305) 2524

Governor

Division of Administration, Tax Commission¾Ad Valorem Taxation (LAC 61:V.101, 303, 304, 703, 907, 1103,

1307, 1503, 2501, 2503, 2713, 2717, 3101 and 3103) 2525

Health and Hospitals

Board of Pharmacy¾Accreditation of Pharmacy Technician Training Programs (LAC 46:LIII.905) 2533

Bureau of Health Services Financing¾Disproportionate Share Hospital Payments¾Louisiana Low-Income

Academic Hospitals (LAC 50:V.Chapter 31) 2533

Home and Community-Based Services Waivers¾Community Choices Waiver¾Electronic Visit Verification

(LAC 50:XXI.9305) 2535

Medicaid Eligibility¾Medically Needy Program¾Behavioral Health Services (LAC 50:III.2313) 2535

Medical Transportation Program¾Emergency Aircraft Transportation¾Rotor Winged Ambulance Services

Rate Increase (LAC 50:XXVII.353) 2537

Medical Transportation Program¾Non-Emergency Medical Transportation (LAC 50:XXVII.Chapter 5) 2538

Nursing Facilities¾Licensing Standards (LAC 48:I.9704, 9707, and Chapter 99) 2541

Office of Aging and Adult Services¾Home and Community-Based Services Waivers¾Community Choices

Waiver¾Electronic Visit Verification (LAC 50:XXI.9305) 2535

Public Safety and Corrections

Uniform Construction Code Council¾Uniform Construction Code (LAC 17:I.Chapter 1) 2545

Revenue

Office of the Secretary¾Louisiana Tax Delinquency Amnesty Act of 2015 (LAC 61:I.4917) 2575

State

Elections Division¾Appeal of Merit Evaluation for the Registrars of Voters (LAC 31:II.108) 2576

III. RULES

Agriculture and Forestry

Office of Agricultural and Environmental Sciences¾Horticulture and Quarantine Programs¾Emerald Ash

Borer Quarantine (LAC 7:XV.167) 2577

Horticulture Commission¾Licensure or Permitting Fees (LAC 7:XXIX.109) 2578

Education

Board of Elementary and Secondary Education¾Bulletin 111―The Louisiana School, District, and State

Accountability System (LAC 28:LXXXIII.301, 405, 409, and 1101) 2578

Bulletin 140―Louisiana Early Childhood Care and Education Network (LAC 28:CLXVII.Chapters 1-7) 2580

Bulletin 741―Louisiana Handbook for School Administrators (LAC 28:CXV.701, 1103, 2319, and 2363) 2594

Student Financial Assistance Commission, Office of Student Financial Assistance―Scholarship/Grant

Programs―Acts of the 2015 Regular Session (LAC 28:IV.301, 703, 801, 803, 805, 1005, and 1903) 2595

Scholarship/Grant Programs―TOPS Core Curriculum Equivalents―Photography I, Photography II, and

Digital Photography (LAC 28:IV.703) 2599

This public document was published at a total cost of $2,175. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $2,175. The total cost of all printings of this document including reprints is $2,175. 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 Division―Cathode Ray Tubes (CRT)

(LAC 33:V.109, 4911, and 4915)(HW116ft) 2600

Dissolved Oxygen Criteria Revisions for Eastern Lower Mississippi River Alluvial Plains (LMRAP)

Ecoregion (LAC 33:IX.1123)(WQ091) 2602

Title I Modification (LAC 33:III.502)(AQ347) 2607

Governor

Coastal Protection and Restoration Authority―Coastal Protection, Conservation, and Restoration

(LAC 43:VII.Chapters 1 and 3) 2608

Health and Hospitals

Board of Examiners of Nursing Facility Administrators¾Fees and Assessments (LAC 46:XLIX.1201) 2616

Board of Examiners of Psychologists¾Continuing Education (LAC 46:LXIII.811) 2617

Provisional Licensure of Psychologists (LAC 46:LXIII.102, 105, 601, 603, 701, 705, 709, 901, 902, 1101,

1301, 1503, 1901, and 2103) 2617

Provisional Licensure of Psychologists (LAC 46:LXIII.Chapters 31-43) 2621

Board of Medical Examiners¾Physician Practice; Complaints and Investigations; Adjudication

(LAC 46:XLV.Chapters 97 and 99) 2627

Physician Practice; Marijuana for Therapeutic Use by Patients Suffering from a Qualifying Medical

Condition (LAC 46:XLV.Chapter 77) 2631

Bureau of Health Services Financing¾Facility Need Review (LAC 48:I.Chapter 125) 2636

Federally Qualified Health Centers¾Service Limits (LAC 50:XI.10303) 2637

Home and Community-Based Services Providers¾Licensing Standards (LAC 48:I.Chapters 50 and 51) 2638

Home and Community-Based Services Waivers¾Community Choices Waiver

(LAC 50:XXI.8329 and 8601) 2642

Outpatient Hospital Services¾Outpatient Clinics¾Service Limits (LAC 50:V.5117) 2643

Pain Management Clinics¾Licensing Standards (LAC 48:I.Chapter 78) 2643

Professional Services Program¾Physician Services¾Outpatient Physician Visits (LAC 50:IX.Chapter 6) 2652

Rural Health Clinics¾Service Limits (LAC 50:XI.16303) 2652

Office of Aging and Adult Services¾Home and Community-Based Services Waivers¾Community Choices

Waiver (LAC 50:XXI.8329 and 8601) 2642

Office of Public Health¾Disease Reporting Requirements/Anti-Rabies¾Vaccination Requirements for Dogs

and Cats (LAC 51:II.105, 107, 109, 111, 113; III.103; XVII.501; and XXI.105) 2653

Tanning (LAC 49:I.Chapter 13) 2657

Insurance

Office of the Commissioner¾Regulation 104¾Corporate Governance Annual Disclosure

(LAC 37:XIII.Chapter 2) 2663

Public Safety and Corrections

Corrections Services¾Offender Mail and Publications (LAC 22:I.313) 2665

Office of Motor Vehicles¾Driving School Surety Bonds (LAC 55:III.146 and 147) 2665

Specifications for Notification of Initiation, Termination, or Modification of Liability Security

(LAC 55:III.Chapter 17) 2666

Revenue

Office of Alcohol and Tobacco Control¾Caterer’s Permits (LAC 55:VII.325) 2689

Transportation and Development

Professional Engineering and Land Surveying Board¾Waiver of the Fundamentals of Engineering

Examination and Personal References (LAC 46:LXI.1303 and 1701) 2690

Workforce Commission

Office of Workers' Compensation Administration¾Complaints Concerning Judicial Conduct, Investigations

(LAC 40:I.5534) 2691

Electronic Billing (LAC 40:I.311) 2692

Proper Venue (LAC 40:I.5515) 2692

IV. NOTICE OF INTENT

Agriculture and Forestry

Office of Agricultural and Environmental Sciences¾Pesticides (LAC 7:XXIII.103, 307, 309, 727,

1101 and 1103) 2693

Office of Animal Health and Food Safety, Board of Animal Health¾Feral Swine (LAC 7: XXI.1301, 1311,

1312 and 1321) 2696

Office of Forestry¾Logos for State Products (LAC 7:V.2701-2713) 2699

Children and Family Services

Division of Programs, Licensing Section¾Juvenile Detention (LAC 67:V.Chapter 75) 2702

Economic Development

Office of Business Development¾Enterprise Zone Program (LAC 13:I.Chapter 7) 2707


Environmental Quality

Office of the Secretary, Legal Division¾Deletion of the Significant Monitoring Concentration for PM2.5

(LAC 33:III.509)(AQ357ft) 2711

Offset Requirements in Specified Parishes (LAC 33:III.504)(AQ355) 2712

Reportable Quantity List for Pollutants (LAC 33:I.3905 and 3931)(OS093) 2714

Governor

Division of Administration, Tax Commission¾Ad Valorem Taxation (LAC 61:V.101, 303, 304, 703, 907, 1103,

1307, 1503, 2501, 2503, 2713, 2717, 3101 and 3103) 2716

Health and Hospitals

Board of Embalmers and Funeral Directors¾License, Internship, Inspection, and Fees
(LAC 46:XXXVII.707, 901, 903, 905, 909, 1107, and 2001) 2717

Board of Medical Examiners¾General Information; Complaints and Investigations; Adjudication

(LAC 46:XLV.8315, 9707, 9709, and 9711) 2719

Bureau of Health Services Financing¾Direct Service Worker Registry (LAC 48:I.Chapter 92) 2721

Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Reinstatement of Additional Payments for

Hemophilia Blood Products (LAC 50:V.965) 2725

Inpatient Hospital Services¾Public-Private Partnerships¾Supplemental Payments

(LAC 50:V.Chapter 17) 2726

Outpatient Hospital Services¾Public-Private Partnerships¾Supplemental Payments

(LAC 50:V.Chapter 67) 2728

Office of Public Health¾Sanitary Code/Water Supplies¾Minimum Disinfectant Residual Levels in Public

Water Systems (LAC 51:XII.311, 355, 357, 358, 361, 363, 367, 903, 1102, 1105, 1113, 1117, 1119, 1125,

1133, 1135, 1139, 1503, 1903, and 1907) 2729

Public Safety and Corrections

Corrections Services¾Sex Offender Treatment Plans and Programs (LAC 22:I.337) 2736

Liquefied Petroleum Gas Commission¾Liquefied Petroleum Gas (LAC 55:IX.Chapter 1) 2739

Office of State Police¾Motor Vehicle Inspections (LAC 55:III.Chapter 7 and 8) 2741

Transportation and Development

Professional Engineering and Land Surveying Board¾Examination/Experience Requirements for

Professional Engineer Licensure and Seal Design Samples (LAC 46:LXI.1509 and 2701) 2757

Workforce Commission

Plumbing Board¾Plumbing (LAC 46:LV.101, Chapter 3 and 1005) 2758

V. POLICY AND PROCEDURE MEMORANDA

Governor

Division of Administration, Office of State Procurement¾Professional and Social Services Categories

PPM Number 55 (LAC 4:V.Chapter 51) 2762

VI. POTPOURRI

Environmental Quality

Office of the Secretary, Legal Division¾State Implementation Plan for Regional Haze Program 2764

State Implementation Plan Revision 2764

Governor

Coastal Protection and Restoration Authority¾Public Hearings State Fiscal Year 2017 Draft Annual Plan 2764

Office of Financial Institutions¾Judicial Interest Rate for 2016 2765

Health and Hospitals

Board of Nursing¾Public Hearing¾Substantive Changes to Proposed Rule¾Advance Practice Registered

Nurses (LAC 46:XLVII.4513) 2765

Technical Change to Proposed Rule¾Advance Practice Registered Nurses (LAC 46:XLVII.4507) 2765

Natural Resources

Office of Conservation¾Orphaned Oilfield Sites 2766

VII. INDEX 2767

2515

Louisiana Register Vol. 41, No. 12 December 20, 2015



Executive Orders

2515

Louisiana Register Vol. 41, No. 12 December 20, 2015


EXECUTIVE ORDER BJ 15-26

Flags at Half-Staff

WHEREAS, on Friday night, November 13, 2015, more than 120 people were killed in a series of terrorist attacks around Paris;

WHEREAS, over 350 others were wounded in these tragic incidents, many of them critically;

WHEREAS, countless law enforcement officers, first responders, volunteers and citizens risked their lives to provide immediate aid to the numerous victims;

WHEREAS, the thoughts and prayers of all Louisianians are with Paris, the victims of this horrific attack, and their families.

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: As an expression of respect for victims of the Paris attacks, the flags of the United States and the State of Louisiana shall be flown at half-staff over the State Capitol and all public building and institutions of the State of Louisiana until sunset on Friday, November 20, 2015.

SECTION 2: This Order is effective upon signature and shall remain in effect until sunset, Friday, November 20, 2015, unless amended, modified, terminated, or rescinded prior to that date.

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 15th day of November, 2015.

Bobby Jindal

Governor

ATTEST BY

THE GOVERNOR

Tom Schedler

Secretary of State

1512#010

EXECUTIVE ORDER BJ 15-27

Protecting Louisiana amid Obama Administration Plans
for Resettlement of Syrian Refugees

WHEREAS, Article I, Section 1 of the Louisiana Constitution is titled “Origin and Purpose of Government”, and provides

“All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace,


protect the rights, and promote the happiness and general welfare of the people. The rights enumerated in this Article are inalienable by the state and shall be preserved inviolate by the state.”

WHEREAS, Article IV, Section 5 the Louisiana Constitution establishes the governor as the chief executive officer of the State and during times of emergency or the threat of emergency, the governor has emergency powers to protect the citizens and property of the State of Louisiana;

WHEREAS, when the threat of an emergency is foreseeable, it is prudent to implement common sense, precautionary measures to prevent the occurrence of the emergency and eliminate the need to trigger emergency legal authorities;

WHEREAS, on Friday night, November 13, 2015, more than 120 people were killed and over 350 others wounded in a series of terrorist attacks in Paris, France;

WHEREAS, these attacks were conducted by Islamic extremists, at least one of them a recent Syrian refugee, and the radical terrorist Islamic State (ISIS) soon claimed responsibility;

WHEREAS, the State of Louisiana has been denied critical information by the federal government regarding Syrian refugees already relocated into this state, creating an untenable situation;

WHEREAS, it is foreseeable that the introduction of Syrian refugees into the United States without proper prior screening and follow-up monitoring could result in a threat to the citizens and property of this State.

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: All departments, budget units, agencies, offices, entities, and officers of the executive branch of the State of Louisiana are authorized and directed to utilize all lawful means to prevent the resettlement of Syrian refugees in the State of Louisiana while this Order is in effect.

SECTION 2: The Louisiana State Police, upon receiving information of a Syrian refugee already relocated within the State of Louisiana, are authorized and directed to utilize all lawful means to monitor and avert threats within the State of Louisiana.

SECTION 3: All departments, budget units, agencies, offices, entities, and officers of the executive branch of the State of Louisiana are authorized and directed to cooperate in the implementation of the provisions of this Order.

SECTION 4: The Order is effective November 16, 2015 and shall remain in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.


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 16th day of November, 2015.

Bobby Jindal

Governor

ATTEST BY

THE GOVERNOR

Tom Schedler

Secretary of State

1512#010

EXECUTIVE ORDER BJ 15-28

Executive Branch¾Expenditure Reduction

WHEREAS, pursuant to R.S. 39:75(A)(1), the Division of Administration is directed to submit a monthly budget status report to the Joint Legislative Committee on the Budget (hereafter "the Committee") indicating the balance of the budget for the State General Fund and dedicated funds by comparing the official forecast for these funds to the total authorized appropriations from each fund; once approved by the Committee, the most recent budget status report becomes the official budget status of the State;

WHEREAS, if the most recently approved budget status report indicates that the total appropriation from any fund will exceed the official forecast for that fund, R.S. 39:75(B) requires the Committee to immediately notify the Governor that a projected deficit exists for that fund;