Emergency Rules
viii. Iberia;
ix. Jefferson Davis;
x. Lafayette;
xi. Pointe Coupee;
xii. Rapides;
xiii. St. Landry;
xiv. St. Martin; and
xv. Vermilion.
b. The Commissioner hereby declares that prior to
making any aerial application of Furadan 3G to rice, the aerial
owner/operator must first register such intent by notifying the
Division of Pesticides and Environmental Programs (DPEP) in
writing.
c. The Commissioner hereby declares that prior to
selling Furadan 3G to be applied on rice, the dealer must first
register such intent by notifying the DPEP in writing.
d. The Commissioner hereby declares that prior to
blending Furadan 3G with fertilizer to be applied on rice, the
blender must first register such intent by notifying the DPEP in
writing.
2. Grower/Applicators Liability
a. Growers of rice shall not force or coerce applicators
to apply Furadan 3G to their crops when the applicators,
conforming to the Louisiana Pesticide Laws and Rules and
Regulations or to the pesticide label, deem it unsafe to make
such applications. Growers found to be in violation of this
section shall forfeit their right to use Furadan 3G on their
crops, subject to appeal to the advisory Commission on
Pesticides.
b. The DPEP shall immediately be informed of any
adverse effects, including but not limited to bird mortality, or
misuse resulting from the application of Furadan 3G in
connection with these emergency regulations. LDAF will
forward to EPA any notification of adverse effects it receives.
3. Furadan 3G Application Restriction
a. Application of Furadan 3G on rice is limited to one
(1) application per season.
b. Furadan 3G total acreage shall not exceed 76,000
acres.
c. Do not apply by air within 150 feet of known bird
roosting or nesting areas.
d. Permanent flood waters shall not be released until
42 days after application.
e. No Furadan 3G use shall take place until an agent
of the LSU Agricultural Center certifies, in writing, that a rice
water weevil infestation has reached the threshold level on a
parish basis. A parish may be authorized for Furadan 3G use
once 4 sites within the parish have been certified as meeting
the threshold level.
f. All areas where Furadan 3G is applied under this
emergency regulation are required to be posted with signs
developed and distributed in accordance with the EPA’s
Worker Protection Standard (WPS). The signs shall be posted
prior to treatment, during treatment, and remain in place for a
minimum of 48 hours after treatment.
DECLARATION OF EMERGENCY
Department of Agriculture and Forestry
Office of Agricultural and Environmental Sciences
Furadan 3G Restrictions
(LAC 7:XXIII.143)
In accordance with the Administrative Procedure Act,
R.S. 49:953(B) and R.S. 3:3203(A), the Commissioner of
Agriculture and Forestry is exercising the emergency
provisions in adopting the following rules for the
implementation of regulations governing the use of the
pesticide, Furadan 3G.
Furadan 3G is an essential pesticide in the control of rice
pests. Without its use a substantial portion of the rice crop in
Louisiana could be damaged by pests. Because of its
effectiveness as a pesticide Furadan 3G poses a threat to the
environment if it is misapplied. Because of its threat to the
environment the Department has severely limited the use of
Furadan 3G. The application of Furadan 3G in accordance with
its label, but inconsistent with the Department’s rules and
regulations and the misuse of this pesticide could pose an
imminent peril to the public health, safety and welfare and to
the environment.
The Department has, therefore, determined that these
emergency rules are necessary in order to implement a
registration and permitting requirements program during the
current crop year. Information will be gathered to determine
whether the effectiveness of this chemical outweighs any
potential risk to the public or the environment. The rule
becomes effective upon signature and will remain in effect 120
days.
Title 7
AGRICULTURE AND FORESTRY
Part XXIII. Pesticide
Chapter 1. Advisory Commission on Pesticides
Subchapter I. Regulations Governing Application of
Pesticides
§143. Restrictions on Application of Certain Pesticides
A. - M. ...
N. 1998 Regulations Governing Application of Furadan 3G
1. Requirements
a. The Commissioner hereby declares that the
requirement of this emergency rule apply to the following
parishes:
i. Acadia;
ii. Allen;
iii. Avoyelles;
iv. Beauregard;
v. Calcasieu;
vi. Cameron;
vii. Evangeline;
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4.
Procedures for Permitting Applications of Furadan 3G
a. Prior to any application of Furadan 3G in the above
listed parishes, approval shall be obtained in writing from the
Louisiana Department of Agriculture and Forestry (LDAF).
Such approval is good for five (5) days from the date issued.
Approval shall be obtained by a properly registered and
certified aerial applicator from the DPEP.
b. The determination as to whether a permit for
application is to be given shall be based on criteria including
but not limited to:
i. weather patterns and predictions;
ii. quantity of acreage to be treated;
iii. targeted pest must exceed established threshold
of 5 water weevil larvae per 4 inch by 3 inch core samples;
iv. treatment areas must be certified under C.5. as
listed above; and
v. any other relevant data.
5. Reporting of Post-application Furadan 3G. Certified
applicators registered to apply Furadan 3G on rice shall
maintain a daily record of Furadan 3G applications and provide
a summary to the DPEP within 60 days of the end of the
application season.
6. Determination of Appropriate Action. Upon
determination by the Commissioner that a threat or reasonable
expectation of a threat to human health or to the environment
exists, he may consider:
a. stop orders for use, sales, or application;
b. label changes;
c. remedial or protective orders;
d. any other relevant remedies.
help individuals and organizations in need better their quality
of life through improved pest management by donating pest
control services at locations that are in need of, but unable to
afford such services.
Recognizing that the "One Day to Make a Difference"
program greatly benefits the public welfare, this emergency
adoption is necessary in order that the Department may aid the
implementation of this program by suspending regulations
regarding the issuance of contracts and the requisite fees
associated with such contracts.
The regulations described below are declared suspended and
will not be enforced in connection with structural pest control
work performed by members of the Louisiana Pest Control
Association in connection with that association's "One Day to
Make a Difference" program:
the fee for termite contracts required under
LAC 7:XXV.117.M; and
the requirements of LAC 7:XXV.119 pertaining to
contracts.
The regulations suspended above are suspended only in
connection with structural pest control work performed on
buildings and structures at the following specific locations:
1815 West Gary Street
Shreveport
1940 Hickory Street
Shreveport
1411 Alston Street
Shreveport
1539 Ford Street
Shreveport
112 St. John Street
Houma
3330 Prescott Road
Alexandria
AUTHORITY NOTE: Promulgated in accordance with R.S.
3:3203.
HISTORICAL NOTE: Promulgated by the Department of
Agriculture, Advisory Commission on Pesticides, LR 9:169 (April
1983), amended LR 10:193 (March 1984), LR 11:219 (March 1985),
LR 11:942 (October 1985), amended by the Department of
Agriculture and Forestry, Office of Agricultural and Environmental
Sciences, LR 18:953 (September 1992), LR 19:791 (September
1993), LR 21:668 (July 1993), LR 21:668 (July 1995), LR 24:
473 East 72nd Street
Shreveport
29 Bolton Street
Alexandria
2185 Campfire Road
Lake Charles
The effective date of these rules is 12:01 o'clock a.m.
June 10, 1998, and they shall remain in effect until 12:01
o'clock a.m. July 10, 1998.
Bob Odom
Commissioner
Bob Odom
Commissioner
9806#045
9806#085
DECLARATION OF EMERGENCY
DECLARATION OF EMERGENCY
Department of Economic Development
Boxing and Wrestling Commission
Department of Agriculture and Forestry
Office of Agricultural and Environmental Sciences
Boxing— Television Broadcasting; Ring Official; Judge;
Referee; Hold Harmless Agreement; Judging Method; Fouls;
Compensation (LAC 46:XI.Chapter 3)
Wrestling— Deposits; Booking Agent; and Promoter
(LAC 46:XI.522, 523 and 525)
"One Day to Make a Difference" Pest
Control Donation Program
The Commissioner of Agriculture and Forestry is exercising
the emergency provision of the Administrative Procedure Act,
R.S. 49:953(B), and pursuant to his authority under
R.S. 3:3203(A) adopts the rules set forth below.
The members of the Louisiana Pest Control Association (the
"Association") have scheduled June 10, 1998 through
July 10, 1998 for its "One Day to Make a Difference" activity.
During this month members of the Association will work to
Louisiana Register
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The Louisiana State Boxing and Wrestling Commission does
hereby exercise the emergency provisions of the
Administrative Procedure Act, R.S. 49:953 (B) and 49:967
(D) and adopts the following rules. The emergency rules are
necessary to prevent the lost of tax revenues resulting from
locations rebroadcasting television related events and
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HISTORICAL NOTE: Adopted by the Department of Commerce,
Boxing and Wrestling Commission 1967, amended 1974, amended
by the Department of Economic Development, Boxing and Wrestling
Commission, LR 22:697 (August 1996), LR 24:
wrestling promoters/producers scheduling of events and to
promote the safety and welfare of commission and ring
officials and to repeal rules which are not in effect and to join
with all sanctioning bodies that have now adopted the Uniform
Rules of Boxing for championship bouts.
These emergency rules are effective May 14, 1998 and are
to remain effective for a period of 120 days or until adoption of
the final rule, whichever occurs first.
Title 46
PROFESSIONAL AND OCCUPATIONAL
STANDARDS
Part XI. Boxing and Wrestling
Chapter 3. Professional Boxing
§304. Deposits: Closed Circuit and Pay-Per-View
Television Rebroadcasting
All locations rebroadcasting television related events, may
be required to deposit a maximum of $ 1,000.00, in advance
for expenses and taxes. Location in this particular rule
meaning any casino, public auditorium, hotel or civic center.
Money, less taxes and expenses, will be refunded by the
Commission to producer if taxes collected do not equal amount
deposited. If taxes exceed the deposit, then the commission
will proceed with collecting taxes as outlined in Revised
Statute 4:67. Sports bars with a 250 person capacity or less
will be required to purchase a permit for $100.00; sports bars
with a 400 person capacity or less will be required to purchase
a permit for $200.00; over 400 person capacity a promoters
license is required. If sports bars are part of a location, as
defined in this rule, then the same rule will apply as a location.
Five percent taxes will apply as indicated in Revised Statute
4:67. Complimentary passes or tickets are taxable if ticket
prices are outlined in the television contract or advertised and
sold at a specified price. The capacity of a location will be
determined by the state/local fire marshal's office. Locations
are required to obtain a promoters license from the
commission; sports bars with a capacity of less than 400 are
exempt from purchasing a promoters license.
§316. Hold Harmless and Indemnity Agreement
All individuals, except the members of the commission,
acting in any official capacity for any event(s) sanctioned by
the commission shall be required to execute the Hold Harmless
and Indemnity Agreement of the commission, prior to
receiving any assignment from the commission. This shall be
in addition to the agreement as set forth in the license
application.
AUTHORITY NOTE: Promulgated in accordance with R.S.
4:61.D, R.S. 4:64 and R.S. 4:79.
HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Boxing and Wrestling Commission, LR 24:
§317. Judging Methods and Procedures
A. Scoring
1.a. - d. ...
2. It is also noted that sportsmanship should be taken
into consideration by the judges and the condition of the boxer
at the end of the bout. The items listed do not have the same
scoring value. Clearly, a man who hits his opponent and is
aggressive throughout the contest, is entitled to more credit
than the one who is merely defensive and shows ring
generalship. If the referee or the commission shall decide, at
any time, that either contestant did not enter into a contest in
good faith, or if the commission or referee discovers, at any
time, that either or both contestants are not performing their
part in good faith, or is guilty of any foul tactic, or of faking, or
of violating any rule of the commission, the referee or
commission may stop the contest. The referee may stop the
contest when either contestant shows marked superiority or is
apparently outclassed. If a contestant is knocked down, or falls
through weakness, he must get up unassisted within 10
seconds. The referee shall count off the seconds. If the
contestant attempts to get up, and goes back down, the count
shall be continued by the referee where he left off. During the
count, the opponent shall go to the farthest neutral corner and
remain there. Should the opponent refuse to do so, or leave the
farthest neutral corner, the referee may stop counting. Upon
compliance by the opponent, however, the referee shall
continue counting where he left off. If a contestant, who has
fallen out of the ring during a contest, fails to return
immediately, the referee shall count him out as if he were
"down" allowing 20 seconds. The boxer is to be unassisted by
his seconds. In every round of a bout, should a boxer be down
at the time the bell rings ending the round, the count shall
continue until the boxer gets up or is counted out. The
termination of the bout is at the discretion of the referee and/or
the ring physician. Should a contestant leave the ring during
the one-minute period between rounds, and fail to be in the
ring when gong rings to resume boxing, the referee shall
declare his opponent the winner. A contestant shall be deemed
"down" when:
a. any part of his body other than his feet is on the
floor;
b. or he is hanging helplessly over the ropes;
c. or he is rising from a "down" position.
AUTHORITY NOTE: Promulgated in accordance with R.S.
4:61.D, R.S. 4:64 and R.S. 4:67.
HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Boxing and Wrestling Commission, LR 24:
§314. Prohibited Ring Official Assignments
A ring official domiciled in the State of Louisiana shall not
accept an assignment in the United States or its possessions
that is not sponsored, sanctioned, approved or supervised by
the commission, another official state commission, or a
member of the Association of Boxing Commissions. Official
State Commission, in this rule, meaning a commission
domiciled and coming under the jurisdiction and regulatory
powers of their state or United States possession.
AUTHORITY NOTE: Promulgated in accordance with R.S.
4:61.D and R.S. 4:64.
HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Boxing and Wrestling Commission, LR 24:
§315. Judges and Referees
A. - B.2. ...
C. The referee is the sole arbiter of a bout and is the only
individual authorized to stop a contest.
AUTHORITY NOTE: Adopted in accordance with R.S. 4:61.D.
R.S. 4:64 and R.S. 4:79.
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3. Answering the Bell. Should a contestant finish any
one round of a contest and fail to answer the bell for the
succeeding round for any one of numerous reasons, such as
cuts, injuries or admission of overwhelming superiority, the
proper termination of the bout is by a technical knockout in the
round for which he fails to answer the bell. For instance, both
contestants have finished round 6. One of them fails to answer
the bell for round 7, or indicates to the referee that he will not
answer the bell. It is a "TKO-7." Indeed the man should be
regarded as technically counted out while seated in his corner
just as though the bell sounded for the seventh round.
Certainly he completed round 6 and cannot, therefore, be
charged with a loss in the sixth. Boxers suffering a knockout
or a technical knockout will automatically be suspended for a
minimum period of 30 days. Any violation of this rule
jeopardizes the welfare of the boxer. No boxer will be
reinstated in less than 30 days unless investigated and
specifically authorized by the commission or commission
physician.
B. In the event a boxer has been knocked down the referee
shall order such boxer's opponent to a neutral corner and
commence a count of eight and such mandatory eight count
after knockdowns is standard procedure in all bouts. Upon
completion of said eight count the referee shall determine
whether such boxer is able to continue.
C. There is no standing eight count.
Existing C. - G. are renumbered to D. - H., respectively.
boxer will win by a technical decision if he is ahead on the
score cards or the bout will result in a technical draw if the
injured boxer is behind or even on the score cards.
E. If a boxer injures himself while attempting to
intentionally foul his opponent, the referee will not take any
action in his favor, and this injury will be the same as one
produced by a fair blow.
F. When the referee determines that it is necessary to
deduct a point or points because of a foul or infraction, he shall
warn the offender of the penalty to be assessed.
1. - 3. Repealed.
G. The referee shall, as soon as practical after the foul,
notify the judges and both contestants of the number of points,
if any, to be deducted from the score of the contestant.
H. Any point or points to be deducted for any foul or
infraction must be deducted in the round in which the foul or
infraction occurred, and may not be deducted from the score of
any subsequent round.
I. Accidental Foul
1. If a bout is stopped because of an accidental foul, the
referee shall determine whether the boxer who has been fouled
can continue or not. If the boxer's chance of winning has not
been seriously jeopardized as a result of a foul, the referee may
order the bout continued after a reasonable interval. Before the
bout begins again, the referee shall inform the commission's
representative of his determination that the foul was accidental.
2. If the referee determines that the bout may not
continue because of an injury suffered as the result of an
accidental foul, the bout will result in a technical draw if
stopped before four (4) completed rounds.
3. If an accidental foul renders a contestant unable to
continue the bout after four (4) completed rounds have
occurred the bout will result in a technical decision awarded
to the boxer who is ahead on the score cards at the time the
bout is stopped.
a. Partial or incomplete rounds will not be scored.
b. However, any point deduction(s) occurring during
this partial round will be deducted from the score of the
completed rounds.
G. If an injury inflicted by an accidental foul later becomes
aggravated by fair blows and the referee orders the bout
stopped because of the injury, the outcome must be determined
by scoring the completed rounds and the round during which
the referee stops the bout.
AUTHORITY NOTE: Adopted in accordance with R.S. 4:61.D,
R.S.4:64, R.S. 4:76 and R.S. 4:79.
HISTORICAL NOTE: Adopted by the Department of Commerce,
Boxing and Wrestling Commission 1967, amended 1974, amended
by the Department of Economic Development, Boxing and Wrestling
Commission, LR 22:697 (August 1996), LR 24:
§318. Rounds, Duration and Intermission
A. - B. ...
C. Each championship contest will be scheduled for twelve
(12) rounds, one hundred eighty (180) seconds long, and a
sixty (60) second rest period.
AUTHORITY NOTE: Adopted in accordance with R.S. 4:61.D
and R.S.4:64.
HISTORICAL NOTE: Adopted by the Department of Commerce,
Boxing and Wrestling Commission 1967, amended 1974, amended
by the Department of Economic Development, Boxing and Wrestling
Commission, LR 22:697 (August 1996), LR 24:
§321. Fouls, Deductions of Points Because of a Foul and
Accidental Fouling
A.1. - 17. ...
B. If a contestant fouls his opponent during a contest or
commits any other infraction, the referee may penalize him by
deducting points from his score, whether or not the foul or
infraction was intentional. The referee may determine the
number of points to be deducted in each instance and shall
base his determination on the severity of the foul or infraction
and its effect upon the opponent. Point deductions for
intentional fouls are mandatory.
C. If an intentional foul causes an injury, and the injury is
severe enough to terminate the bout immediately, the boxer
causing the injury shall lose by disqualification.
D. If an intentional foul causes an injury, and the injury
results in the bout being stopped in a later round, the injured
Louisiana Register
Vol. 24, No. 6
June 20, 1998
AUTHORITY NOTE: Adopted in accordance with R.S. 4:61.D
and R.S.4:64.
HISTORICAL NOTE: Adopted by the Department of Commerce,
Boxing and Wrestling Commission 1967, amended 1974, amended
by the Department of Economic Development, Boxing and Wrestling
Commission, LR 22:697 (August 1996), LR 24:
§328. Event Approval
A. A member of the Louisiana Boxing and Wrestling
Commission, including the Chairman, may not legally and/or
officially authorize and/or give approval to any television
network, corporation, limited liability company, promoter,
match-maker or any other entity, private or corporate, for any
major event date and site selection, without the prior approval
of a majority of the commission members voting in favor.
Major Event in this rule means any boxing, kick-boxing or
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wrestling (WCW, WWF, etc.) contests that the State of
Louisiana authorizes this commission to sanction. Minor local
wrestling shows may be excluded from this rule. (Local area
commissioners should coordinate these shows through the
deputy commissioners and chairman, once they are made
aware of such events.)
B. Once a commissioner is contacted by a promoter, he
must advise the promoter that a typewritten request on official
letterhead must be submitted to the chairman by mail or
facsimile. In the request disclosure must be made regarding the
venue (television contracts, promoter, matchmaker, number of
bouts, bout contracts, arena contracts, sanctioning bodies,
ticket information, etc.) After date and site selection is
approved, full disclosure of all venue information must be
submitted no later than two weeks prior to the event.
C. Once an official request is made, the chairman must call
a meeting to approve or reject the request. A quorum,
according to state statute, must be present to approve or reject
such requests. An emergency meeting will not be necessary, if
the time table is such, that the request may be discussed at the
regular scheduled commission meeting.
D. The commission may demand that all monies relative to
boxing venues be placed in escrow in the commission treasury.
Monies in this rule means fighters purses and ring officials
(referees, timekeepers, inspectors, physicians, judges, etc.)
expenses. All ring officials pay will be predetermined and
coordinated through the commission with the promoter. The
ring officials will be paid by commission checks the same day
or night before the start of the first bout. If the commission
required fighters' purses to be placed in escrow then the
fighters also will be paid by commission checks, less any
expenses due the commission.
Chapter 5. Professional Wrestling
§522. Wrestling Event Deposits
Wrestling promoters/producers will be required to deposit,
in advance, with the commission $250.00 to secure a date for
their scheduled event. This amount will be applied to taxes and
deputies expenses; any cancellation of the advanced booking,
will result in the loss of the deposit and will be deposited in the
commission's treasury. If taxes and expenses do not exceed the
$250.00 deposit, the commission will refund the excess to the
promoter/producer. If expenses and taxes exceed the $250.00
deposit, the commission will then collect taxes as outlined in
Revised Statute 4:67.
AUTHORITY NOTE: Promulgated in accordance with R.S.
4:61.D, R.S. 4:64 and R.S. 4:67.
HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Boxing and Wrestling Commission, LR 24:
§523. Wrestling Booking Agent
Repealed (Reserved).
AUTHORITY NOTE: Adopted in accordance with R.S. 4:61.D
and R.S. 4:64.
HISTORICAL NOTE: Adopted by the Department of Commerce,
Boxing and Wrestling Commission, 1967, amended 1974, repealed
by the Department of Economic Development, Boxing and Wrestling
Commission, LR 24:
§525. Wrestling Promoters
Repealed (Reserved).
AUTHORITY NOTE: Adopted in accordance with R.S. 4:61.D
and R.S. 4:64.
HISTORICAL NOTE: Adopted by the Department of Commerce,
Boxing and Wrestling Commission, 1967, amended 1974, repealed
by the Department of Economic Development, Boxing and Wrestling
Commission, LR 24:
Fielding Lewis
Chairman
AUTHORITY NOTE: Promulgated in accordance with R.S.
4:61.D and R.S.4:64.
HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Boxing and Wrestling Commission, LR 24:
9806#037
§335. Compensation of Officials
All officials, including ring doctors, that participate in an
event sanctioned by the commission, shall be compensated by
the promoters/producers. The amount compensated will be
pre-determined, prior to the event, between the commission
and the promoter/producer. Officials, in this rule, not to
include the commission.
DECLARATION OF EMERGENCY
Department of Health and Hospitals
Office of the Secretary
Bureau of Health Services Financing
Medicaid Eligibility— Hemophilia Settlement
AUTHORITY NOTE: Promulgated in accordance with R.S.
4:61.D, R.S. 4:64 and R.S. 4:67.
HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Boxing and Wrestling Commission, LR 24:
The Department of Health and Hospitals, Office of the
Secretary, Bureau of Health Services Financing adopts the
following emergency rule in the Medical Assistance Program
as authorized by R.S. 46:153 and pursuant to Title XIX of the
Social Security Act. This rule is in accordance with the
provisions of the Administrative Procedure Act, R.S. 49:950
et seq. and shall be in effect for the maximum period allowed
under the Administrative Procedure Act, or until adoption of
the rule whichever occurs first.
Under a recent settlement, four manufacturers of blood
plasma products will pay $100,000 to each of 6,200
hemophilia patients who are infected with Human
Immunodeficiency Virus (HIV). Approximately 1,000 of the
HIV-infected patients are already eligible for Medicaid.
Payment made under the settlement to these individuals would
§353. Penalties and Sanctions
Anyone licensed and/or subject to the authority of the
commission, who violates any of the rules and regulations of
the commission as set forth in title, parts and chapters, shall be
subject to such sanctions as imposed by the commission which
may result in fines, suspensions and revocations of licenses to
be determined by the commission pursuant to the laws of the
State of Louisiana and the authority of the commission vested
to the commission by those laws.
AUTHORITY NOTE: Promulgated in accordance with R.S.
4:61.D, R.S. 4:64 and R.S. 4:82.
HISTORICAL NOTE: Promulgated by the Department of
Economic Development, Boxing and Wrestling Commission, LR 24:
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in most instances cause them to exceed the income and/or
resource limit for Medicaid eligibility. To avoid potential loss
of Medicaid for these individuals, section 4735 of the Balanced
Budget Act of 1997 (BBA) provides that, not withstanding any
other provision of law, payments made to class members under
this settlement shall not be considered as income or resources
in determining either eligibility for or the amount of benefits
under the Medicaid program.
Regulation 42 CFR 435.122 require states to provide
Medicaid to individuals who would be eligible for
Supplemental Security Income (SSI) or an optional state
supplement except for an eligibility requirement used in those
programs that is specifically prohibited under Medicaid. The
settlement payments are counted as income and resources
under SSI, but cannot be counted under Medicaid. Thus, under
42 CFR 435.122 states must provide Medicaid to individuals
who lose SSI eligibility because of receipt of the settlement,
even if their sole basis for eligibility for Medicaid was receipt
of SSI benefits. While the settlement payments themselves may
not be counted as income or resources under Medicaid, Section
4735 does not similarly exempt any income that may be
derived from those payments. Provisions governing transfers
of assets and treatment of trusts under Section 1917 of the
Social Security Act are not applicable, since the settlement
payments are not counted as income or resources in
determining eligibility.
This action is necessary to comply with the Balanced Budget
Act of 1997. The fiscal impact for the implementation of this
rule cannot be determined as the identity of settlement
recipients has been sealed by the court and we cannot estimate
the number of Louisiana citizens who are class members under
this settlement.
Emergency Rule
The Department of Health and Hospitals, Office of the
Secretary, Bureau of Health Services Financing adopts the
provisions of Section 4735 of the Balanced Budget Act of
1997 which state that not withstanding any other provision of
law, payments made from any fund established pursuant to a
class settlement entitled, "Factor VIII or IX Concentrate Blood
Products Litigation," MDL 986 (no. 93-C-7452, Northern
District of Illinois) shall not be considered as income or
resources in determining either eligibility for, or the amount of
benefits under, the Medicaid program. While the settlement
payments may not be counted as income or resource under
Medicaid, Section 4735 does not similarly exempt any income
that may be derived from those payments. Provisions
governing transfers of assets and treatment of trusts under
Section 1917 of the Social Security Act are not applicable,
since the settlement payments are not counted as income or
resources in determining eligibility.
Interested persons may submit written comments to the
following address: Thomas D. Collins, Bureau of Health
Services Financing, Box 91030, Baton Rouge, LA
70821-9030. He is responsible for responding to inquiries
regarding this emergency rule. A copy of this emergency rule
Louisiana Register
Vol. 24, No. 6
June 20, 1998
is available for review by interested parties at parish Medicaid
offices.
David W. Hood
Secretary
9806#065
DECLARATION OF EMERGENCY
Department of Health and Hospitals
Office of the Secretary
Bureau of Health Services Financing
Pharmacy Program— Erectile Dysfunction Drugs
The Department of Health and Hospitals, Office of the
Secretary, Bureau of Health Services Financing adopts the
following emergency rule in the Medicaid Program as
authorized by R.S. 46:153 and pursuant to Title XIX of the
Social Security Act. This emergency rule is adopted in
accordance with the Administrative Procedure Act,
R.S. 49:950 et seq. and shall be in effect for the maximum
period allowed under the Administrative Procedure Act or
until adoption of the rule, whichever occurs first.
The Department of Health and Hospitals, Bureau of Health
Services Financing currently provides coverage for
prescriptions drugs for treatment of erectile dysfunction
without limitation through the Pharmacy Program under the
Medicaid Program. The department has determined it is
necessary to limit the number of units of these drugs that are
reimbursed under the Medicaid Program to six units per
month. This emergency rule is being adopted in an effort to
prevent potential abuse of these prescriptions drugs. The
estimated savings as a result of the implementation of this rule
cannot be determined at this time.
Emergency Rule
Effective for dates of service on or after May 22, 1998, the
Department of Health and Hospitals, Office of the Secretary,
Bureau of Health Services Financing will limit the number of
units of prescription drugs for the treatment of erectile
dysfunction that are reimbursable by the Medicaid Program to
six units per month per patient. Units include tablets,
injectable, intraurethal pellets and any other dosage form
which may become available. In addition, the following
provisions will govern the reimbursement for these drugs.
1. Prescriptions issued for the treatment of erectile
dysfunction must be hand written and shall include a medically
accepted indication.
2. An ICD-9 diagnosis code must be written on the hard
copy of the prescription or attached to the prescription which
is signed and dated by the prescriber.
3. Recipient specific diagnosis information from the
prescriber via the facsimile is acceptable when signed and
dated by the prescriber.
4. Acceptable ICD-9 diagnosis codes for these drugs
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include impotence of non-organic origin or impotence of
organic origin.
5. No reimbursement for therapeutic duplication of
drugs, early refills, or duplicate drug therapy within the
therapeutic class of drugs used to treat erectile dysfunction is
allowed.
Interested persons may submit written comments to Thomas
D. Collins, Bureau of Health Services Financing, Box 91030,
Baton Rouge, LA 70821-9030. He is responsible for
responding to inquiries regarding this emergency rule. A copy
of this emergency rule is available for review by interested
parties at parish Medicaid offices.
§503. Definitions
For purposes of this Chapter, the following terms are
defined:
Approved
Training
Provider— an
individual,
unincorporated association, partnership, or corporation
approved by the Program Administrator to provide server
training courses.
Commissioner— the commissioner of the state Office of
Alcohol and Tobacco Control.
Program Administrator— a committee or board of nine
persons that shall develop and administer the Responsible
Vendor Program.
Responsible Vendor— any vendor who qualifies and
maintains certification in the Responsible Vendor Program.
Responsible Vendor Handbook— the handbook that is
developed, published, and distributed by the Program
Administrator and approved by the Commissioner.
Server— any employee of a vendor who is authorized to
sell or serve beverage alcohol in the normal course of his or
her employment or deals with customers who purchase or
consume beverage alcohol.
Server Permit— the permit issued to a server upon
completion of a server training course and all refresher
courses.
Trainer— an individual employed or authorized by an
approved training provider to conduct an alcohol server
education course wherein the successful completion of the
course by the student will result in the issuance of a server
permit.
Vendor— any holder of a state Class A— General, Class
A— Restaurant, or Class B— Retail permit.
David W. Hood
Secretary
9806#012
DECLARATION OF EMERGENCY
Department of Revenue
Office of Alcohol and Tobacco Control
Responsible Vendor Program (LAC 55:VII.501-509)
Under the authority of R.S. 26:931 et seq. and in accordance
with the provisions of the Administrative Procedure Act, R.S.
49:950 et seq., the Department of Revenue, Office of Alcohol
and Tobacco Control, proposes to adopt LAC 55:VII.501-509,
pertaining to the Responsible Vendor Program.
These emergency rules shall be effective on July 1, 1998,
and shall remain in effect for 120 days or until adoption of the
final rules, whichever occurs first. Failure to adopt these rules
on an emergency basis will delay implementation of the
Responsible Vendor Program resulting in imminent peril to the
public’s health and welfare.
Act 1054 of the 1997 Regular Session of the Louisiana
Legislature enacted R.S. 26:931 et seq., to establish the
Responsible Vendor Program to educate vendors, their
employees, and customers about selling, serving, and
consuming alcoholic beverages in a responsible manner. These
emergency rules establish the program’s purpose; define
terms; prescribe requirements for responsible vendor
certification, server permitting, training provider, and trainer
approval, certification, and records’ retention; and specify
minimum course standards for server training classes.
Title 55
PUBLIC SAFETY
Part VII. Alcohol and Tobacco Control
Chapter 5. Responsible Vendor Program
§501. Purpose
The Responsible Vendor Program is intended to educate
vendors and their employees and customers about selling,
serving, and consuming beverage alcohol, tobacco, and
tobacco products. Chapter 5 relates to the development,
establishment, and maintenance of the Program.
AUTHORITY NOTE: Promulgated in accordance with R.S.
26:931 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Revenue, Office of Alcohol and Tobacco Control, LR 24:
§505. Vendors
A. Certification and Enrollment as a Responsible Vendor
1. The vendor shall review and understand the vendor
handbook.
2. The vendor shall provide the Office of Alcohol and
Tobacco Control with a completed “vendor affidavit” for
enrollment in the program.
3. The vendor shall require all “servers” to attend an
approved server training course within 45 days of the first day
of employment.
4. The vendor shall pay an annual fee of $35 per licensed
establishment holding a Class A— General, Class
A— Restaurant, or Class B— Retail permit for the purpose of
funding development and administration of the Responsible
Vendor Program.
a. The fee shall be assessed on all new and renewal
applications for retail permits to engage in the business of
dealing in alcoholic beverages.
b. The fee shall not be assessed to those parties
seeking a Special Event Permit under the provisions of R.S.
26:793(A).
B. Maintaining Certification
1. The vendor shall keep the vendor handbook current
with all updates and periodic amendments distributed by the
Program Administrator.
AUTHORITY NOTE: Promulgated in accordance with R.S.
26:931 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Revenue, Office of Alcohol and Tobacco Control, LR 24:702 (April
1998), amended LR 24:
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2. The vendor shall provide new employees already
licensed under the Responsible Vendor Program with the rules
and regulations applicable in the Parish or Municipality of the
establishment’s location.
3. The vendor shall maintain server training records,
which include the name, date of birth, social security number,
and date of hire for all servers. The records shall be kept on the
licensed premises at all times for inspection by agents of the
Office of Alcohol and Tobacco Control or other peace officers.
4. The vendor shall post signs on the licensed premises
informing customers of the vendor’s policy against selling
alcoholic beverages or tobacco products to underage persons
if required by law.
Revocation of Server Permit. Notwithstanding any criminal
actions taken, the Commissioner may issue administrative
violation notices to any holder of a server permit for
noncompliance with this Chapter or for any violation,
attributable to the server, of Title 26 of the Louisiana Revised
Statutes.
AUTHORITY NOTE: Promulgated in accordance with R.S.
26:931 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Revenue, Office of Alcohol and Tobacco Control, LR 24:
§509. Training; Providers and Trainers
A. Trainer Certification. Approved providers shall only
contract with trainers that have any combination of a minimum
of two years of:
1. verified full-time employment in the fields of training,
education, law, law enforcement, substance abuse
rehabilitation, the hospitality or retail industry that involved
the sale or service of alcohol; or
2. post-secondary education in the fields of training,
education, law, law enforcement, substance abuse
rehabilitation, or the hospitality or retail industry that involved
the sale or service of alcohol.
B. Training Provider Certification
1. A person or business entity that applies to become an
approved training provider for alcohol server education shall
submit the following to the Program Administrator:
a. a completed application form provided by the
Program Administrator;
b. a copy of the lesson plans, audio, visual, and printed
materials provided as part of the alcohol server training
course;
c. a copy of the examinations;
d. the names, dates of birth, social security numbers,
addresses and phone numbers, and educational and
employment backgrounds of all trainers to be used in teaching
the course; and
e. notification of any changes within 30 days of hiring,
contracting with, or termination of any trainers.
2. After the program content or method of presentation
has been approved by the Program Administrator, the training
provider shall notify and obtain approval of any changes from
the Program Administrator.
C. The alcohol server permits issued by the Program
Providers to students who successfully complete the server
training programs shall be obtained from the Office of Alcohol
and Tobacco Control.
D. Denial or Recision of Program Approval
1. The Program Administrator may deny or rescind
approval of any program if any of the following is found:
a. the program does not meet the minimum course
standards set out in Chapter 5;
b. the Application for Program Certification is not
correct or complete;
c. any trainer has been convicted of a felony or of a
misdemeanor related to theft, fraud, or misrepresentation and
it has been less than three years since the discharge of the
sentence imposed as a result of the conviction; or
d. any trainer has been convicted of operating a
vehicle while intoxicated at the time they were employed as a
trainer and it has been less than one year since the discharge of
AUTHORITY NOTE: Promulgated in accordance with R.S.
26:931 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Revenue, Office of Alcohol and Tobacco Control, LR 24:
§507. Servers
A. Server applicants with special needs, such as an
inability to read or write in English, hearing impairment, etc.,
shall contact the approved training provider at least one week
before the alcohol server training course to request specific
assistance in completing the course. Notwithstanding any other
provision of Chapter 5, the training provider and the Program
Administrator shall attempt to provide reasonable
accommodation when requested in compliance with state and
federal law.
B. Server Permit
1. Server permits shall be valid for 2 years from the
completion of an approved alcohol training course.
2. Whenever a server is employed in the service of
alcohol, their permit and one legal form of picture
identification shall be available on the premises for inspection
by agents of the Office of Alcohol and Tobacco Control or
other peace officers.
3. A server’s refusal or failure to make their permit
available on the premises for immediate inspection by
authorized agents or peace officers shall be evidence of a
violation of this section.
C. Server Permit Verification. The Office of Alcohol and
Tobacco Control shall maintain a list of currently certified
servers by name, permit number, and date of birth, so that
vendors can verify the validity of the servers’permits.
D. Permit Expiration, Renewal, and Lost Permits
1. Every server permit shall expire on the last day of the
month, 2 years after the month that the server successfully
completed the alcohol server education course.
2. To be eligible for renewal of a server permit, the
server shall again attend and successfully pass an alcohol
server’s education course and examination given by an
approved training provider.
3. Lost permits shall be canceled and a replacement
issued by the Office of Alcohol and Tobacco Control after the
server submits an affidavit of lost permit and a $5 fee.
E. Illegal Possession of a Permit. Any person who falsifies,
keeps, or possesses a server permit contrary to the provisions
of this Chapter shall be guilty of a violation of this Chapter.
F. Server Liability; Penalties, Fines, Suspension, or
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1076
the sentence imposed as a result of the conviction.
2. Within 10 days after receipt of the notice that the
program approval has been denied or rescinded, the applicant
has the right to request a hearing before the Program
Administrator.
3. If the applicant fails to request a hearing, the right to
a hearing is waived and the Program Administrator’s decision
is final.
4. The notice that the program approval has been denied
or rescinded shall be served by either certified mail or personal
service at the applicant’s main office to any adult agent or
employee or to its registered agent.
E. Training Provider and Trainer Records— Rights of
Inspection
1. Within 10 days of any training course, the training
provider shall submit to the Office of Alcohol and Tobacco
Control a copy of the server permit forms issued and a report
of the server training that includes the following:
a. the name, social security number, permit number,
address, telephone number, and date of birth of each student
that completed the training course and passed the required
examination;
b. the name of the trainer that conducted the course
and the trainer’s signature and verification that each student
listed has successfully completed the approved course on the
date indicated and any other facts as the Program
Administrator or agents or employees of the Office of Alcohol
and Tobacco Control may require.
2. Copies of the examinations and permits shall be kept
for two years from the date of issue at the training provider’s
place of business available for inspection and copying by
agents or employees of the Office of Alcohol and Tobacco
Control.
3. The training provider shall maintain for two years
from the date the class was conducted, the course information,
which includes the class location, date, and time; trainer’s
name; and the student’s names, social security number, and
permit number. These records shall be maintained at the
training provider’s place of business available for inspection
and copying by agents or employees of the Office of Alcohol
and Tobacco Control.
F. Approved Training Provider Minimum Course
Standards
1. To be certified to issue a server permit, the provider’s
course of instruction shall include the subject areas
enumerated in R.S. 26:933(C), as well as the following:
a. introduction:
i. brief review of the law creating the Louisiana
Responsible Vendor Program, which shall include when the
program was enacted, who is required to participate and how,
when it becomes mandatory, nature of permits issued to server,
when server permits expire, obligation of server to attend a
course every two years, and server renewal procedures;
ii. objectives of the Responsible Vendor Program,
which shall include education of vendors, servers, and their
customers about responsible sales, service, and consumption
of alcohol and tobacco; and prevention of the misuse, illegal
use, and abuse of alcohol;
b. classification of alcohol as a depressant and its
effect on the human body, particularly on the ability to drive a
motor vehicle:
i. alcohol is a depressant not a stimulant;
ii. how alcohol travels through the body, including
how quickly it enters the bloodstream and reaches the brain;
iii. alcohol’s effect on a person’s ability to drive a
motor vehicle, specifically reviewing alcohol’s effect on a
person’s behavior, self-control, and judgment;
iv. outline of Louisiana’s driving while intoxicated
laws and penalties for violations;
c. effects of alcohol when taken with commonly used
prescription and nonprescription drugs:
i. mixing alcohol with other drugs can produce
dangerous side effects. It is especially dangerous to drive under
the influence of alcohol and other drugs because of the
increased impairment due to both;
ii. alcohol and other depressant drugs. Mixing
alcohol with other depressants dangerously increases the
depressant effect on the body;
iii. alcohol and stimulants. Stimulants do not cancel
the intoxication and impairment due to alcohol;
iv. alone, many prescription and nonprescription
drugs impair the ability to drive a motor vehicle;
v. the effects of commonly used prescription and
nonprescription drugs;
vi. review of the effects of contemporary designer
drugs such as GHB and Rohypnol;
d. absorption rate, as well as the rate at which the
human body can dispose of alcohol and how food affects the
absorption rate:
i. rate at which the human body absorbs alcohol;
ii. blood alcohol concentration (BAC) and how to
estimate a person’s BAC. Include drink equivalency
guidelines;
iii. how the human body disposes of alcohol;
iv. the effect of food on the absorption rate;
v. time is the only real factor that reduces
intoxication;
e. methods of identifying and dealing with underage
and intoxicated persons, including strategies for delaying and
denying sales and service to intoxicated and underage persons:
i. procedures and methods for detecting false
identification;
ii. procedures and methods for denying service or
entry to underage persons;
iii. procedures and methods for identifying
intoxicated persons including behavioral warning signs and
other signs of impairment;
iv. procedures and methods for preventing over
intoxication;
v. procedures and methods for terminating service
to intoxicated persons;
f. state laws and regulations regarding the sales and
service of alcoholic beverages for consumption on or off
premises:
i. legal forms of identification in Louisiana;
ii. legal age to purchase, possess, and consume
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alcohol and penalties for violation;
iii. legal age to enter licensed premises and penalties
for violation;
iv. legal age to be employed by a vendor and
penalties for violation;
v. acts prohibited on licensed premises and
penalties for violation;
g. parish and municipal ordinances and regulations
that affect the sale and service of alcoholic beverages for
consumption on or off the licensed premises. These provisions
will depend on the jurisdiction of the servers attending the
class and may vary according to the parish and municipality:
i. legal hours of operation and Sunday sales;
ii. noise, litter, and zoning;
iii. leaving premises with alcohol;
iv. preemption of parish and municipal server
training courses;
v. parish or municipal server licensing
requirements;
vi. other relevant regulations;
h. state and federal laws and regulations related to the
lawful age to purchase tobacco products and age verification
requirements:
i. state and federal legal purchasing age;
ii. federal age verification requirements;
iii. state and federal laws and regulations related to
vending machines;
iv. state laws related to sign posting requirements;
v. state laws related to minimum packaging
requirements.
2. Each approved server training course shall include at
least two hours of classroom instruction, exclusive of breaks
and examination time, and shall be presented in a continuous
block of instruction. Classes shall be limited to no more than
one 10-minute break per hour.
3. The approved server training course shall be
presented in its entirety to each student in a language approved
by the Program Administrator.
4. Each server training course must include an
examination approved by the Program Administrator, which is
administered by the trainer immediately following the course
presentation. Students shall take the examination in writing,
unless special circumstances require an oral examination. With
the approval of the Program Administrator, the test may be
offered in a language best understood by the student, or
bilingual trainers may, in response to direct inquiries, clarify
test questions using another language. Each student shall
correctly answer at least 70 percent of the examination
questions. Students who receive failing scores may be retested
once at a time and place to be determined by the trainer.
Otherwise, students must repeat the full course for an
additional fee.
5. All training facilities shall meet the requirements of
the Americans with Disabilities Act (ADA) and shall have
adequate lighting, seating, easily accessible restrooms, and
comfortable room temperature.
6. At the beginning of each server training course, the
trainer shall give each student:
a. an enrollment agreement that clearly states the
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Vol. 24, No. 6
June 20, 1998
obligations of the trainer and student, refund policies, and
procedures to terminate enrollment;
b. a notice that a student must complete the course in
order to take the examination;
c. a server training workbook, approved by the
Program Administrator, that is current, complete, and accurate.
The workbook shall include an outline of the minimum course
curriculum, table of contents, titles, subheadings, and page
numbers. Physical specifications must meet the following
minimum standards:
i. minimum dimensions of paper size must by 8½
by 11 inches;
ii. paper stock, excluding front and back cover, shall
be white or near white, and of a quality and weight suitable for
reproduction and note-taking with no ink bleed through;
iii. type must be a minimum of 11-point in a type
style commonly used for textbooks and periodicals;
iv. binding must firmly hold the pages together in
correct order and be sufficient for use during the course and as
a reference;
v. professional printing and typesetting are not
required, but reproductions must be clear, readable, and letter
quality;
vi. for ease of reading and adequate room for
note-taking, white space must be a minimum of 30 percent per
page with the print or copy to be no more than 70 percent of
the page.
7. No server training class shall include more than 100
students and students that arrive more than 15 minutes after the
class begins shall not be admitted.
8. The classroom presentation must be consistent with
the approved program.
9. Discussions must be pertinent to responsible
beverage alcohol or tobacco sales, service, and consumption.
10. The Program Administrator or their designee may
attend any class to evaluate conformance with the program
certified by the Program Administrator.
11. At least seven days in advance, the training provider
or their authorized trainers shall give written notice to the
Office of Alcohol and Tobacco Control of the date, time, and
location of all courses scheduled. The Office of Alcohol and
Tobacco Control shall be notified by phone or fax of course
cancellations prior to the course date except when cancellation
cannot be anticipated, in which case notification shall be
within three business days of the scheduled course date.
G. Approved Server Training Course Fees. Approved
providers may charge fees for the cost of conducting the
approved server training courses. The fees shall be approved
by the Program Administrator and the Commissioner and may
not exceed $25.
H. Sanctions Against Approved Training Providers and
Trainers. Any approved training provider or trainer who
violates any of the provisions of Title 26 of the Louisiana
Revised Statutes or any of the requirements of Chapter 5 shall:
1. for a first offense receive a notice of intended
suspension or revocation of the Program Administrator’s
certification or authorization, with 30 days allowed to correct
1078
any violations. If the violation is rectified no further action will
be taken;
2. if the violation is not rectified or a second violation by
the training provider or their trainer occurs, the Program
Administrator or their designee shall suspend approval and
certification of the training provider or trainer for a period not
to exceed six months. Before the suspension will be lifted, the
training provider or trainer shall correct all violations;
3. the Program Administrator or their designee may
increase sanctions based on successive violations within a twoyear period. Numerous violations within a two-year period may
indicate disregard for the law or failure to provide an
acceptable alcohol server education program so as to warrant
cancellation of the certification of either the training provider
or their trainer;
I. Approved Training Provider Responsible for Acts of
Trainers. The Program Administrator may hold a training
provider responsible for any act or omission of the training
provider’ program, personnel, trainers, or representatives that
s
violate any law or administrative rule pertaining to approved
training providers’privileges.
J. Prohibited Conduct. No approved training provider or
authorized trainer shall:
1. make any false or misleading statement to induce or
prevent the Program Administrator’s actions;
2. falsify, alter, or otherwise tamper with alcohol server
permits or records;
3. permit a student to refer to any written material or
have a discussion with another person during the exam unless
the instructor authorizes the student to use an interpreter;
4. permit any student to drink alcoholic beverages or to
be under the influence of intoxicants during the course
presentation or examination, including breaks;
5. drink alcoholic beverages or be under the influence of
intoxicants during the course presentation or examination,
including breaks;
6.
prohibit, interfere, or fail to assist the Program
Administrator or their designee with scheduling or attendance
of on-site observations.
K. Approved Training Provider and Trainer Advertising
and Promotion Standards
1. Approved training provider and trainer advertising
related to the alcohol server training courses shall include:
a. the approved provider’s or trainer’s telephone
number and cancellation policy;
b. the total amount of course time that includes
instruction, examination and breaks;
c. a statement that students shall attend the entire
course before taking the examination.
2. Advertising shall not suggest that the state of
Louisiana, the Program Administrator, or any state agency
endorses or recommends the approved provider’s program to
the exclusion of any other program.
3. Upon request, the training provider or trainer shall
give the Program Administrator copies of program
publications, brochures, pamphlets, scripts, etc. or any other
representation of advertising materials related to the program.
4. An approved training provider or trainer must have
records available to support all advertising claims or
representations.
AUTHORITY NOTE: Promulgated in accordance with R.S.
26:931 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Revenue, Office of Alcohol and Tobacco Control, LR 24:
Murphy J. Painter
Commissioner
9806#029
DECLARATION OF EMERGENCY
Department of the Treasury
Board of Trustees of the State Employees Group
Benefits Program
Plan Document— Cancer Screening and Detection
Pursuant to the authority granted by R.S. 42:871(C) and
874(A)(2), vesting the Board of Trustees with the sole
responsibility for administration of the State Employees Group
Benefits Program and granting the power to adopt and
promulgate rules with respect thereto, the Board of Trustees
hereby invokes the Emergency Rule provisions of
R.S. 49:953(B) to adopt amendments to the Plan Document of
Benefits.
This rule shall become effective on July 1, 1998, and shall
remain effective for a maximum of 120 days or until
promulgation of the final Rule, whichever occurs first.
The Board finds that it is necessary to amend the Plan
Document to implement the provisions of Act Number 1439 of
the 1997 Regular Session of the Louisiana Legislature (R.S.
22:215.11), regarding benefits for mammography, Pap tests,
and prostate examination and testing. Accordingly, the Plan
Document of Benefits for the State Employees Group Benefits
Program is hereby amended in the following particulars:
Amend Article 3, Section I, Subsection F, Paragraph 29, to
read as follows:
F. Eligible Expenses
The following shall be considered eligible expenses, subject
to applicable limitations of the Fee Schedule and the Schedule
of Benefits, under the Comprehensive Medical Benefits when
prescribed by a Physician and Medically Necessary for the
Treatment of a Covered Person:
* * *
29. Not subject to the annual deductible, one Pap test for
cervical cancer per calendar year and screening
mammographic examinations performed according to the
following schedule:
a. One baseline mammogram during the five-year period
a person is 35-39 years of age;
b. One mammogram every two calendar years for any
person who is 40-49, or more frequently if recommended by a
physician;
c. One mammogram every twelve months for any person
who is 50 years of age or older;
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Vol. 24, No. 6
June 20, 1998
* * *
Amend Article 3, Section I, Subsection F, by adding a new
Paragraph, designated as Paragraph 37, to read as follows:
* * *
37. Not subject to the annual deductible, testing for
detection of prostate cancer, including digital rectal
examination and prostate-specific antigen testing, once every
twelve months for men over the age of fifty years, and as
medically necessary for men over the age of forty years;
* * *
remain effective for a maximum of 120 days or until
promulgation of the final Rule, whichever occurs first.
The Board finds that it is necessary to amend the Plan
Document to limit benefits for drugs prescribed for treatment
of impotency. Failure to adopt this amendment on an
emergency basis will result in a financial impact which will
adversely affect the availability of services necessary to
maintain the health and welfare of the covered employees and
their dependents which are crucial to the delivery of vital
services to the citizens of the state. Accordingly, the Plan
Document of Benefits for the State Employees Group Benefits
Program is hereby amended in the following particulars:
Amend Article 3, Section VIII, of the Plan Document by
adding thereto a new subsection, designated as subsection PP,
to read as follows:
VIII. Exceptions And Exclusions For All Medical Benefits
No benefits are provided under this contract for:
* * *
PP. Drugs prescribed for Treatment of impotence, except
when prescribed for males over the age of thirty, in a
quantity not greater than five (5) per month, and provided
that no benefits are payable for Yohimbine oral tablets,
Papaverine and Phentolamine self-injectables, or any
other drugs prescribed or dispensed for Treatment of
impotence unless such Treatment is indicated in the
approval of the drug by the Food and Drug
Administration;
* * *
Ann B. Davenport
Deputy Director
9806#024
DECLARATION OF EMERGENCY
Department of the Treasury
Board of Trustees of the State Employees Group
Benefits Program
Plan Document— Impotency Drugs
Pursuant to the authority granted by R.S. 42:871(C) and
874(A)(2), vesting the Board of Trustees with the sole
responsibility for administration of the State Employees Group
Benefits Program and granting the power to adopt and
promulgate rules with respect thereto, the Board of Trustees
hereby invokes the Emergency Rule provisions of
R.S. 49:953(B) to adopt amendments to the Plan Document of
Benefits.
This rule shall become effective on June 1, 1998, and shall
Louisiana Register
Vol. 24, No. 6
June 20, 1998
Ann B. Davenport
Deputy Director
9806#025
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