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;