Bj 10-09 Emergency Partial Suspension of Certain emr licensing Laws 1154

CONTENTS June 2010

I. EXECUTIVE ORDER

BJ 10-09 Emergency Partial Suspension of Certain EMR Licensing Laws 1154

BJ 10-10 Bond Allocations—Local Governmental Environmental Facilities and Community
Development Authority 1155

II. EMERGENCY RULES

Agriculture and Forestry

Board of Animal Health―Trichomoniasis 1156

Education
Student Financial Assistance Commission, Office of Student Financial Assistance—Scholarship/Grant
Programs (LAC 28:IV.1603) 1158

Scholarship/Grant Programs (LAC 28:IV.Chapter 18) 1158

Tuition Trust Authority, Office of Student Financial Assistance—START Savings Program)
(LAC 28:VI.305, 307, and 311) 1161

Governor

Division of Administration―Office of Group Benefits―PPO Plan of Benefits―Eligibility, Medical Benefits,
and Schedule of Benefits (LAC 32:III.103, 301, 323, 701, and 703) 1162

Health and Hospitals

Bureau of Health Services Financing―Forensic Supervised Transitional Residential and Aftercare Facilities
Minimum Licensing Standards (LAC 48:I.Chapter 72) 1164

Home and Community-Based Services Waivers―Elderly and Disabled Adults―Personal Assistance
Services (LAC 50:XXI.8105, 8301, and 8503) 1183

Home Health Program―Durable Medical Equipment―Reimbursement Reduction (LAC 50:XIII.10301) 1185

Inpatient Hospital Services―Non-Rural, Non-State Hospitals―Low Income and Needy Care
Collaboration (LAC 50:V.953) 1186

Inpatient Hospital Services―Non-Rural, Non-State Hospitals―Major Teaching Hospitals
(LAC 50:V.1301-1309) 1188

Inpatient Hospital Services―Non-Rural, Non-State Hospitals―Reimbursement Rate Reduction
(LAC 50:V.953, 955, and 959) 1190

Medical Transportation Program―Emergency Ambulance Services―Reimbursement Rate Reduction
(LAC 50:XXVII.325 and 353) 1193

Medical Transportation Program―Emergency Ambulance Services―Reimbursement Rate Reduction
(LAC 50:XXVII.325 and 353) 1194

Nursing Facilities Reimbursement Methodology Rate Determination (LAC 50:VII.1305) 1195

Outpatient Hospital Services―Non-Rural, Non-State Hospitals―Supplemental Payments
(LAC 50:V.5315, 5515, 5717, 5915, and 6117) 1196

Pharmacy Benefits Management Program―Maximum Allowable Costs (LAC 50:XXIX.949) 1198

Professional Services Program―Reimbursement Methodology―Supplemental Payments
(LAC 50:IX.15151 and 15153) 1199

Targeted Case Management―Nurse Family Partnership Program―Reimbursement Rate Reduction
(LAC 50:XV.10701, 11101, and 11103) 1200

Office of Aging and Adult Services―Home and Community-Based Services Waivers―Elderly and Disabled
Adults―Personal Assistance Services (LAC 50:XXI.8105, 8301, 8503) 1183

Social Services

Office of Family Support―Supplemental Nutritional Assistance Program (SNAP)―Family Independence
Temporary Assistance Program (FITAP)―Kinship Care Subsidy Program (KCSP)
(LAC 67:III.1229, 1949, 1980, 1987, and 5329) 1201

TANF Initiatives―Family Violence Prevention and Intervention Program (LAC 67:III.5501, 5509,
5545, 5551, 5567, 5571, and 5575) 1203

TANF Initiatives―Family Violence Prevention and Intervention Program (LAC 67:III.5509, 5545,
5551, 5567, 5571, and 5575) 1205

This public document was published at a total cost of $3,525. Five hundred copies of this public document were published in this monthly printing at a cost of $3,525. The total cost of all printings of this document including reprints is $3,525. 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.

Wildlife and Fisheries

Wildlife and Fisheries Commission―Fishing Closure―Portion of Territorial Seas 1206

Recreational and Commercial Fisheries Closure―Barataria and Terrebonne Basins and Territorial
Seas 1207

Recreational and Commercial Fisheries Closure―Barataria to Caminada Pass 1207

Recreational and Commercial Fisheries Closure―Bayous Lafourche and Terrebonne—Reopen
Territorial Seas 1208

Recreational and Commercial Fisheries Closure―Chaland Pass to Barataria, West of Bayou Lafourche 1208

Recreational and Commercial Fisheries Closure―Due to Oil Spill 1208

Recreational and Commercial Fisheries Closure―Outside Waters From Caminada Pass to Belle Pass 1209 Recreational and Commercial Fisheries Closure―Outside Waters From Chaland Pass to Red Pass 1209

Recreational and Commercial Fisheries Closure―Portion of Barataria Basin 1210

Recreational and Commercial Fisheries Closure―Portion of Inside Waters Within Barataria Basin 1210

Recreational and Commercial Fisheries Closure―Portion of State Inside and Outside Waters,
Terrebonne Parish 1211

Recreational and Commercial Fisheries Closure―St. Bernard Parish 1211

Recreational and Commercial Fisheries Closure―Territorial Seas Near Marsh Island 1211

Recreational and Commercial Fisheries Closure―Vermillion Parish 1212

Recreational and Commercial Fisheries Closure―Vicinity of Marsh Island 1212

Recreational and Commercial Fisheries Closure―West of Mississippi River, Plaquemines Parish 1212

Recreational and Commercial Fisheries Opening and Closing―Portions of Barataria Basin 1213

Recreational and Commercial Fisheries Opening―Inside Waters near Cocodrie and Portions of
Territorial Seas 1213

Recreational and Commercial Fisheries Openings―Portion of State Outside and Inside Waters, Zones 1
and 2 Reopened to Fishing Except Shrimp in Zone 1 1214

Recreational and Commercial Fisheries Reopening―Inside Waters, Western Terrebonne Parish 1214

Recreational and Commercial Fisheries Reopening―Outside Waters South of Marsh Island 1215

Recreational and Commercial Fisheries Reopening―Portion of Inside and Outside Waters 1215

Recreational and Commercial Fisheries Reopening―Portion of State Inside and Outside Waters,
Terrebonne Parish 1215

Recreational and Commercial Fisheries Reopening―Portion of State Outside Waters 1216

Recreational and Commercial Fisheries Reopening―St. Bernard Parish 1216

Recreational Red Snapper Season Closure 1216

Shrimp Season Changes—State Outside Waters—Zones 2 and 3 1217

Shrimp Seasons and Fishing Closures 1217

Spring Shrimp Season Opening—Portion of Zone 1 1218

Spring Shrimp Season Opening—Remaining Portion of Zone 1 1218

III. RULES

Agriculture and Forestry

Office of Agricultural and Environmental Sciences—Seed Certification, Standards and Fees
(LAC 7:XIII.101, 113, 191 and 207) 1220

Education

Board of Elementary and Secondary Education—Bulletin 741—Louisiana Handbook for
School Administrators (LAC 28:CXV.337, 709, 1103, 1109, 1301 and 2313) 1224

Culture, Recreation and Tourism

Office of State Parks—State Parks (LAC 25:IX.Chapters 1-9) 1225

Environmental Quality

Office of the Secretary—HW Tanks―Secondary Containment Requirements and 90 Day Turnover of
Hazardous Waste (LAC 33:V.109, 1109, 1901, 1907, 1909 and 4437)(HW106) 1234

Legal Affairs Division—DEQ Notifications to State Police (LAC 33:I.3913, 3915, 3917, 3923, 3925;
VII.315, 713; and XI.713)(MM012) 1239

Reportable Quantity for Brine from Solution Mining (LAC33:I.3905 and 3931)(OS085) 1241

Office of the Governor

Boxing and Wrestling Commission—Boxing and Wrestling Standards (LAC 46:XI.Chapter 1) 1242

Division of Administration—Office of Financial Institutions—Non-Depository Records Retention
(LAC 10:XVII.901) 1243

Health and Hospitals

Board of Medical Examiners—Licensure and Certification; Practice; Administrative Provisions
(LAC 46:XLV.402, 449, 6504, 8301-8311) 1243

Board of Nursing—Alternative to Disciplinary Proceedings Revisions (LAC 46:XLVII.3419) 1244

Faculty and Faculty Organization (LAC 46:XLVII.3515) 1245

Fees for Fingerprint Imprint (LAC 46:XLVII.3341) 1245

Board of Examiners of Psychologists—Supervision of Assistants Psychologists (LAC 46:LXIII.1101) 1246

Board of Wholesale Drug Distributors—Required Information (LAC 46:XCI.303) 1246

Bureau of Health Services Financing—Home and Community-Based Services Waivers
New Opportunities Waiver—Reimbursement Rate Reduction (LAC 50:XXI.14301) 1247

Home Health Program—Durable Medical Equipment Reimbursement Reduction (LAC 50:XIII.10301) 1247

Laboratory and Radiology Services—Reimbursement Rate Reduction (LAC 50:XIX.4329 and 4334-4337) 1248

Medical Transportation Program—Emergency Ambulance Services
Reimbursement Rate Reduction (LAC 50:XXVII.325) 1248

Mental Health Rehabilitation Program—Service Limitations and Reimbursement Rate Reduction
(LAC 50:XV.401-405 and 901) 1249

Multi-Systemic Therapy—Reimbursement Rate Reduction (LAC 50:XV.25701) 1250

Outpatient Hospital Services—Non-Rural, Non-State Hospitals—Reimbursement Rate Reduction
(LAC:V.5313, 5513, 5713, 5913, and 6115) 1250

Personal Care Services—Long-Term—Reimbursement Rate Reduction (LAC 50:XV.12917) 1251

Professional Services Program—Anesthesia Services—Reimbursement Rate Reduction
(LAC 50:IX.15111 and 15131-15135) 1251

Professional Services Program—Physician Services—Reimbursement Rate Reduction
(LAC 50:IX.15103, 15111-15113) 1252

Prosthetics and Orthotics—Reimbursement Rate Reduction (LAC 50:XVII.501) 1253

Office for Citizens with Developmental Disabilities—Home and Community-Based Services Waivers
New Opportunities Waiver—Reimbursement Rate Reduction (LAC 50:XXI.14301) 1247

Personal Care Services—Long-Term—Reimbursement Rate Reduction (LAC 50:XV.12917) 1251

Office of Public Health—Disease Reporting Instructions—Perinatal HIV Exposure Reporting (LAC 51:II.105) 1253

Justice

Office of the Attorney General—Certificates of Public Advantage (LAC 48:XXV.Chapter 5) 1255

Natural Resources

Office of Conservation—Pit Closure Techniques and Onsite Disposal of E&P Waste (LAC 43:XIX.313) 1264

Public Safety and Corrections

Corrections Services—Public Information Program and Media Access (LAC 22:I.339) 1265

Gaming Control Board—Licensees, Permittees; Loans and Restrictions (LAC 42:III.2521, 2522,
2523, 2524, 2525, and 2526; VII.2521, 2523, and 2524; IX.2521, 2522, 2523, and 2524; and
XIII.2521,2523, and 2524) 1268

Office of State Police—Towing, Recovery and Storage (LAC 55:I.1913) 1270

Uniform Construction Code Council—Certification Requirements―Grandfathering (LAC 55:VI.905) 1271

Revenue

Policy Services Division—Electronic Filing Requirements for Oil or Gas Severance Tax (LAC 61:III.1525) 1271

Social Services

Office of Community Services—Residential Licensing—Disqualification (LAC 67:III.Chapter 73, and
V.Chapters 61-19) 1272

Office of Family Support—Child Care Assistance Program—Discontinuation of Job Search (LAC 67:III.5102,
5103, 5104, and 5109) 1277

Child Care Licensing—Child Day Care Centers—Posting Revocation Notice (LAC 67:III.7303 and 7359) 1279

Residential Licensing—Disqualification (LAC 67:III.Chapter 73, and V.Chapters 61-19) 1272

Wildlife and Fisheries

Wildlife and Fisheries Commission—Elmer's Island Wildlife Refuge (LAC 67:III.337) 1280

Recreational Harvest of Silver and Bighead Carp (LAC 76:VII.199) 1280

IV. NOTICES OF INTENT

Culture, Recreation and Tourism

State Library of Louisiana—State Library (LAC 25:VII.Chapters 1-53) 1281

Economic Development

Office of the Secretary—Ports of Louisiana Tax Credits: Investor Tax Credit Program

(LAC 13:I.Chapter 39) 1287

Education

Board of Elementary and Secondary Education—Bulletin 111—The Louisiana School, District, and

State Accountability (LAC 28:LXXXIII.Chapters 3-9, 33 and 37-45) 1291

Bulletin 111—The Louisiana School District and State Accountability System

(LAC 28:LXXXIII.302, 603, 611, 613, 708, 4001 and 4003). 1299

Bulletin 125—Standards for Educational Leaders in Louisiana (LAC 28:CXXXVII.Chapters 1-2) 1302

Bulletin 741—Louisiana Handbook for School Administrators—Carnegie Credit

for Middle School Students (LAC (28:CXV.2321) 1308

Bulletin 741—Louisiana Handbook for School Administrators—Health Occupations

(LAC 28:CXV.2381) 1309

Bulletin 746—Louisiana Standards for State Certification of School Personnel—Alternative Path

to Certification (LAC 28:CXXXI.233, 235, and 237) 1310

Bulletin 746—Louisiana Standards for State Certification of School Personnel—Alternate

Teacher Preparation Programs (LAC 28:CXXXI.233, 235, 237, 241, 243, 611, and 615) 1312

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

Programs—Rockefeller State Wildlife Scholarship (LAC 28:IV, 1101, 1103, 1107, 1109, and 1111) 1316

Scholarship/Grant Programs—Taylor Opportunity Program for Students (TOPS)(LAC:28:IV.703 and 803) 1319

Environmental Quality

Office of the Secretary, Legal Affairs Division—Control of Emissions of Smoke

(LAC 33:III.1101, 1106, and 1107)(AQ310) 1321

Prevention of Significant Deterioration (Significance Level for Direct PM2.5

Emissions)(LAC 33:III.509)(AQ311ft) 1322 Governor

Division of Administration, Racing Commission—Owners—Partnership, Limited Liability

Company (LAC 46:XLI.1107, 1109, 1115, and 1119) 1323

Stables—Registration, Corporations, Reports (LAC 46:XLI.2103-2109) 1324

Office of Elderly Affairs—State Plan on Aging (LAC 4:VII.1301-1305) 1325

Health and Hospitals

Bureau of Health Services Financing—Adult Dentures Program—Denture Replacement

and Reline Limits (LAC 50:XXV.503) 1327 Early and Periodic Screening, Diagnosis and Treatment—Dental Program Reimbursement Rate

Reimbursement Rate Reduction (LAC 50:XV.6905) 1329

End Stage Renal Disease Facilities—Reimbursement Rate Reduction (LAC 50:XI.6901 and 6903) 1330

Home and Community Based Service Providers—Minimum Licensing Standards

(LAC 48:I.Chapter 50) 1331

Home Health Program—Durable Medical Equipment—Reimbursement Reduction

(LAC 50:XIII.10301) 1364

Medical Necessity Criteria (LAC 50:I.1101) 1365

Outpatient Hospital Services—Non-Rural, Non-State Hospitals and Children's Specialty Hospitals—

Reimbursement Rate Reduction (LAC 50:V.5313, 5317, 5513, 5517, 5713, 5719, 5913, 5917,

6115 and 6119) 1366 Pregnant Women Extended Services—Dental Services—Reimbursement Rate Reduction

(LAC 50:XV.16107) 1370

Professional Services Program—Physician Services—Reimbursement Rate Reduction

(LAC 50:IX.15111-15113) 1372

Personal Care Services—Long-Term Policy Clarifications (LAC 50:XV.12901, 12902, 12903,

12905, 12911, and 12913) 1374

Public Safety and Corrections

Gaming Control Board—Video Draw Poker (LAC 42:XI.2403, 2405, 2407, and 2415) 1376

Office of The State Fire Marshall—Property Protection Licensing (LAC 55:V.Chapter 32) 1379

Revenue

Policy Services Division—Income Tax Credits for Wind or Solar Energy Systems (LAC 61:I.1907) 1394

Treasury

State Employees' Retirement System—DROP Excess Benefit Arrangement

(LAC 58:I.3117) 1398

Wildlife and Fisheries

Wildlife and Fisheries Commission—Hunting Preserve Regulations (LAC 76:V.305) 1399

V. POTPOURRI

Agriculture and Forestry

Horticulture Commission—Retail Floristry Examination 1402

Health and Hospitals

Office of Public Health, Maternal and Child Health Section—Maternal and Child (MCH) Block Grant
Federal Funding 1402

Natural Resources

Office of Conservation—Orphaned Oilfield Sites 1402

Office of the Secretary, Fisherman’s Gear Compensation—Loran Coordinates 1403

Revenue

Office of the Secretary—June Meeting of Act 442 Collaborative Working Group 1404

VI. INDEX 1405

Executive Orders

EXECUTIVE ORDER BJ 10-09

Emergency Partial Suspension of
Certain EMT Licensing Laws

WHEREAS, Pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., and as a result of the Deepwater Horizon oil spill, a state of emergency (Emergency) was declared through Executive Proclamation No. 20 BJ 2010, extended by Executive Proclamation No. 37 BJ 2010;

WHEREAS, the Emergency has been declared a Spill of National Significance (SONS) and has significantly impacted wildlife, other natural resources, industry, and the health and safety of individuals living and working in Louisiana coastal areas;

WHEREAS, British Petroleum has contracted with many fishermen and other residents of the State of Louisiana to engage in the assessment and cleanup efforts related to the oil spill and its inundation of Louisiana’s coastal beaches, marshes and wetlands;

WHEREAS, British Petroleum has been unable to procure within the state of Louisiana, the large number of Emergency Medical Technicians (“EMTs”) needed to adequately assist in providing medical aid and assistance to those persons engaged in the assessments and cleanup efforts;

WHEREAS, EMTs licensed in states other than Louisiana are available to provide medical aid and assistance to those persons engaged in the oil spill assessment and cleanup efforts;

WHEREAS, La. R.S. 29:724 authorizes the governor during a declared state of emergency to suspend the provisions of any state regulatory statute prescribing procedures for conducting state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provision of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;

WHEREAS, The Secretary of the Louisiana Department of Health and Hospitals and the State Health Officer have requested that the Louisiana statutes, laws, rules, and regulations related to licensing of EMTs be temporarily suspended for those EMTs duly licensed to practice in other states who wish to provide their services in affected coastal and offshore areas to those persons engaged in the oil spill assessment and cleanup efforts.

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: Louisiana’s statutes, rules, and regulations regarding the licensure of EMTs, as required by Revised Statutes Title 40, specifically the EMT-Basic (EMT-B), EMT-Intermediate (EMT-I), and EMT-Paramedic EMT-P) (Paramedic) designations, are hereby suspended for EMTs duly licensed to practice in other states who wish to provide their services in affected coastal and offshore areas to those persons engaged in the ongoing oil spill response, removal, assessment, and other cleanup efforts. An individual currently licensed and in good standing as an EMT-B, EMT-I, or EMT-P in another state may practice in such geographic areas of the State of Louisiana, subject to the following conditions, qualifications, and parameters:

A. The individual must be duly licensed and in good standing in another state.

B. Prior to practicing in Louisiana pursuant to this Order, the individual shall submit to the State Health Officer (or his designee) a copy of the individual’s out-of-state license and photo identification. Such information may be provided by contacting the Department of Public Health, Bureau of EMS.

C. The individual must submit a reciprocity application for a temporary timed permit along with appropriate fees.

D. Under the medical direction of a Louisiana Licensed Physician the individual may provide pre-hospital services only in local, parish, or state declared areas at medical sites specifically operated and designated to assist with oil spill related activities.

E. The individual may work only alongside a team of other EMTs, and must be supervised by an EMT-P licensed in Louisiana.

F. The individual must not exceed the applicable scope of practice applicable to his license, as provided for by applicable law of the state in which he is licensed.

G. The individual must cease practicing in Louisiana upon the termination or rescission of this Order or of the declared state of emergency cited herein, or any extension thereof.

SECTION 2: This Order is effective upon signature and shall be made applicable June 4, 2010, and continue 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 4th day of June, 2010.

Bobby Jindal

Governor

ATTESTYLE=" BY

THE GOVERNOR

Jay Dardenne

Secretary of State

1005#114

  1. Reference Collection Titles Acquired Prior 1990

    Документ
    Bloomington, Ill. : Cheever Publishing, c1983. Spine title: Accent buyer s guide.

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