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Notices of Intent (b) and (c) ... (d) REPEAL (e) ... NOTICE OF INTENT Department of Civil Service Civil Service Commission Explanation The repeal of subsection (d) is proposed. That subsection reads as follows: "A temporary staffing services employee who has worked for the state over 520 work hours in a twelvemonth period, shall not be hired within that twelve-month period on a temporary classified appointment, other than a provisional appointment." The pilot has revealed that this provision is unnecessarily burdensome and confusing as it provides for a second cap on hours in addition to the 680 work hour cap in a twelve-month period. Originally we were concerned that an individual could remain an unduly long time at an agency in temporary status first on contract and then on a restricted or job appointment. However, it is not uncommon for a temporary need to exist longer than 680 work hours (17 regular 40-hour workweeks). Repealing this subsection would allow an agency to retain such a temp on a classified temporary appointment if there is a need. The pilot agencies have requested this. Amend Rule 11.29 (e) 11.29 Compensatory Leave (a) through (d) ... (e) Upon separation or transfer from a department, the following shall apply to compensatory leave balances: 1. ... 2. Payment or Cancellation of Hour for Hour Compensatory Leave Upon Separation or Transfer a. All unused compensatory leave earned hour for hour at GS-13 and above in the General Schedule and MS-57 and above in the Medical Schedule may be paid upon separation or transfer from the department in which he earned it at the final regular rate received by the employee, excluding premium pay, shift differential and non-cash compensation. b. All unused compensatory leave earned hour for hour at GS-13 and above in the General Schedule and MS-57 and above in the Medical Schedule, if not paid to the employee upon separation or transfer, shall be canceled upon separation or transfer from the department in which he earned it. Such leave shall not be recredited to him upon his reemployment in that or any other department. c. Upon separation or transfer, unused compensatory leave earned hour for hour at GS-12 and below in the General Schedule and MS-56 and below in the Medical Schedule shall be paid at the final regular rate received by the employee, excluding premium pay, shift differential and non-cash compensation in accordance with the following schedule. All additional such unused leave may be paid or canceled and shall not be recredited to him upon his reemployment in that or any other department. 90 hours must be paid after January 1, 2000 180 hours must be paid after January 1, 2001 270 hours must be paid after January 1, 2002 Compensatory Leave and Prohibited Activities The State Civil Service Commission will hold a public hearing on April 7, 1999 to consider the following rule proposals. The hearing will begin at 9:00 a.m. and will be held in the Department of Civil Service Second Floor Hearing Room, DOTD Annex Building, 1201 Capitol Access Road, Baton Rouge, Louisiana. Amendments to Rules 6.25 and 11.29 cannot become effective until approved by the Governor. The following will be considered at the meeting: Amend Rule 6.25(c) and Adopt Subsections (d) and (e) 6.25 Caps on Accumulation of Compensatory Leave and Payment for Exceeding Caps (a) and (b) ... (c) Compensatory leave earned hour for hour may be accrued in excess of 360 hours, but not more than a total of 360 such hours shall be carried forward from one calendar year to the next. However, an appointing authority may request an exception to this subsection to maintain essential services necessary to preserve the life, health or welfare of the public. This exception may ask that up to a total of 540 such hours be carried forward to the next calendar year. Such a request is subject to approval by the Commission. (d) Payment shall be made no later than January 1 of each year for compensatory leave that exceeds 360 hours and was earned hour for hour at GS-12 and below in the General Schedule and MS-56 and below in the Medical Schedule. Such payment shall be at the employee’s regular rate, excluding premium pay, shift differential and non-cash compensation. If an exception has been approved in accordance with subsection (c) of this rule, any compensatory leave over that approved maximum number of hours shall be paid no later than January 1 of each year. (e) Payment for compensatory leave upon separation or transfer is covered in Rule 11.29. Explanation This amendment would insure payment no later than January 1 of each year, for hour for hour compensatory leave accumulated over 360 hours and earned at GS-12 and below and MS-56 and below. Currently, such leave may be canceled. An exception is provided for leave necessary to maintain essential services necessary to preserve the life, health or welfare of the public. 8.10.01 Temporary Staffing Services Employee (a) .... (1) ... (2) ... (3) ... (4) ... 546 360 hours must be paid after January 1, 2003 450 hours must be paid after January 1, 2004 All hours must be paid after January 1, 2005 (f) through (j) ... Explanation This amendment would keep optional either payment for or cancellation of hour for hour compensatory leave for GS-13 and above and MS-57 and above upon separation or transfer; however, it would transition in over several years a schedule for mandatory payment for such leave for GS-12 and below and MS-56 and below. Amend Rule 14.1(c) 14.1 Prohibited Activities (a) and (b) ... (c) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in a position in the classified service, except as services may be provided pursuant to a temporary staffing services contract with the State as approved by the Director pursuant to these rules. (d) through (p) ... Explanation This proposed amendment would remove the last sentence of subsection (c) which applies only to the pilot period which began the use of the state contract for temporary staffing services employees. The sentence proposed for repeal reads as follows: "Only state agencies approved by the Director as pilot agencies shall enter into such a contract." Removal of this provision would coincide with the end of the pilot and would open up use of the contract to all state agencies. Persons interested in making comments relative to these proposals may do so at the public hearing or by writing to the Director of State Civil Service at Post Office Box 94111, Baton Rouge, Louisiana 70804-9111. If any accommodations are needed, please notify us prior to this meeting. content to school administrators and Driver Education Teachers in Louisiana. The Bulletin was revised to modernize and update its contents. Copies of Bulletin 1179: Driver Education, Traffic Safety/Administrative Guide may be seen in their entirety at the Office of the State Register, 1051 North Third Street, Baton Rouge, the State Department of Education, Office of School and Community Support, or the office of the State Board of Elementary and Secondary Education, 626 North Fourth Street, Room 104, Baton Rouge, LA. Interested persons may submit written comments until 4:30 p.m., May 10, 1999 to Jeannie Stokes, State Board of Elementary and Secondary Education, P. O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064. Weegie Peabody Executive Director FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Bulletin 1179— Driver Education, Traffic Safety/Administrative Guide I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) We estimate this action will cost approximately $1500 to print and distribute one hundred copies of Bulletin 1179. This estimate is based on the cost of fifteen dollars to print and mail each bulletin to school districts and governmental units. We do not foresee this action creating a cost (savings) to local governmental units. BESE estimated cost for printing this policy change and first page of fiscal and economic impact statement in Louisiana Register is approximately $800. Funds are available. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The sale of Bulletin 1179 will increase state revenues by approximately $450. This will be attributed to the sale of approximately thirty bulletins at $15 per copy. We do not foresee any effect on revenue collections by local governmental units. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) The Driver Education Teacher will be the person directly affected by this action. Bulletin 1179 provides the core curriculum necessary for the driver education teacher to perform his/her job. Students will also benefit by being presented a researched based and standardized curriculum. As such, the parents of these students will also benefit by being assured that their children are receiving qualified instruction. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The printing and distribution of this bulletin will not affect competition and employment. Allen H. Reynolds Director 9903#034 NOTICE OF INTENT Department of Education Board of Elementary and Secondary Education Bulletin 1179— Driver Education, Traffic Safety/Administrative Guide In accordance with the Administrative Procedure Act, R.S. 49:950 et seq., notice is hereby given that the State Board of Elementary and Secondary Education approved for advertisement revised Bulletin 1179. Bulletin 1179 is designed to provide administrative guidelines and curriculum Marlyn J. Langley Deputy Superintendent Management and Finance 9903#070 547 H. Gordon Monk Staff Director Legislative Fiscal Office III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) No impact on non-governmental groups is anticipated to result from this action. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) No impact on competition and employment is anticipated to result from this rule. NOTICE OF INTENT Student Financial Assistance Commission Office of Student Financial Assistance Commission Bylaws (LAC 28:V.113) The Louisiana Student Financial Assistance Commission (LASFAC), the statutory body created by R.S. 17:3021 et seq., in compliance with §952 of the Administrative Procedure Act, hereby announces its intention to revise its governing bylaws, as follows. Title 28 EDUCATION Part V. Student Financial Assistance— Higher Education Loan Program Chapter 1. Student Financial Assistance Commission Bylaws §113. Rights Duties and Responsibilities of the Executive Staff of the Commission A. - B.6. ... 7. Annually, on or before September 30, an evaluation of the executive director’s job performance and compensation shall be conducted by the commission. These evaluations shall be conducted using a format adopted by the commission for these purposes. Changes to the compensation structure adopted by the commission shall be effective on July 1 of the year in which the evaluation is performed. *** Jack L. Guinn Executive Director 9903#020 H. Gordon Monk Staff Director Legislative Fiscal Office NOTICE OF INTENT Student Financial Assistance Commission Office of Student Financial Assistance Tuition Opportunity Program for Students (TOPS) Maintaining Eligibility (LAC 28:IV.705, 805, 907) The Louisiana Student Financial Assistance Commission (LASFAC) advertises its intention to revise the provisions of the Tuition Opportunity Program for Students (TOPS), effective for TOPS recipients beginning with the spring semester, 1999. Title 28 EDUCATION Part IV. Student Financial Assistance— Higher Education Scholarship and Grant Programs Chapter 7. Tuition Opportunity Program for Students (TOPS) Opportunity; Performance and Honors Award §705. Maintaining Eligibility A.1. - A.5. ... 6. continue to enroll and accept the TOPS award as a full-time undergraduate student in an eligible postsecondary institution, as defined in §1901, and maintain an enrolled status throughout the academic term, unless granted an exception for cause by LASFAC; and *** AUTHORITY NOTE: Promulgated in accordance with R.S. 17:321. HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 22:810 (September 1996), amended LR 24:1265 (July 1998), LR 25: Interested persons may submit written comments on the proposed changes until 4:30 p.m., April 20, 1999, to Jack L. Guinn, Executive Director, Office of Student Financial Assistance, Box 91202, Baton Rouge, LA 70821-9202. Jack L. Guinn Executive Director AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 24:642 (April 1998), amended LR 24:1911 (October 1998), LR 25: FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Commission Bylaws I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) Th e implementation cost associated with publishing the Bylaws in the Louisiana Register is approximately $120. The rule moves the annual evaluation date for the executive director's job performance and compensation from July 1 to September 30 of each year so that year-end data will be available. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) No impact on revenue collections is anticipated to result from this rule change. Chapter 8. TOPS-TECH Award §805. Maintaining Eligibility A.1. - A.5. ... 6. continue to enroll and accept the TECH award as a full-time student in an eligible postsecondary institution, as defined in §1901, and maintain an enrolled status throughout the school term, unless granted an exception for cause by LASFAC; and *** 548 AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 24:642 (April 1998), amended LR 24:1911 (October 1998), LR 25: NOTICE OF INTENT Tuition Trust Authority Office of Student Financial Assistance Chapter 9. TOPS Teacher Award §907. Maintaining Eligibility A.1. - A.4. ... 5. continue to enroll each subsequent semester or quarter as a full-time student in a degree program or course of study leading to a degree in education or alternative program leading to regular certification as a teacher at the elementary or secondary level, and maintain an enrolled status throughout the academic term, unless granted an exception for cause by LASFAC; or *** Bylaws (LAC 28:VI.213) The Louisiana Tuition Trust Authority (LATTA), the statutory body created by R.S. 17:3093 et seq., in compliance with the Administrative Procedure Act, R.S. 49:950 et seq., hereby announces its intention to revise its governing bylaws, as follows. Title 28 EDUCATION Part VI. Student Tuition Trust Authority Chapter 2. Bylaws §213. Rights, Duties and Responsibilities of Executive Staff of the Authority A. - E. ... F. Recording Secretary. The executive director shall appoint a recording secretary whose duties shall include giving or causing to be given notice of all meetings of the authority and its committees as required by the Administrative Procedure Act or these Bylaws, to record and prepare the minutes of all authority meetings and meetings of its committees and to maintain and provide for the safekeeping of all minutes and other official documents of the authority. The recording secretary shall have the authority to provide copies of the official records of the authority as required by the public records laws of the State of Louisiana or as otherwise directed by the authority or the executive director and to certify the authenticity of such records and the signatures of members of the authority, the executive directors or others acting in their official capacity on behalf of the authority. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1. HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 24:642 (April 1998), amended LR 24:1911 (October 1998), LR 25: Jack L. Guinn Executive Director FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Tuition Opportunity Program for Students (TOPS) Maintaining Eligibility I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The implementation cost associated with publishing these rule revisions in the Louisiana Register as emergency, notice and rule is approximately $100. Costs for Funding for TOPS awards is not anticipated to increase as a result of this rule clarification. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) No impact on revenue collections is anticipated to result from this rule change. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) No impact on non-governmental groups is anticipated to result from this action. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) No impact on competition and employment is anticipated to result from this rule. Jack L. Guinn Executive Director 9903#028 AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3093 et seq. HISTORICAL NOTE: Promulgated by the Tuition Trust Authority, Office of Student Financial Assistance, LR 23:1657 (December 1997), amended LR 25: Interested persons may submit written comments on the proposed changes until 4:30 p.m., April 20, 1999, to Jack L. Guinn, Executive Director, Office of Student Finance Assistance, Box 91202, Baton Rouge, LA 70821-9202. Jack L. Guinn Executive Director H. Gordon Monk Staff Director Legislative Fiscal Office 549 FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Bylaws secretary gives notice that rulemaking procedures have been initiated to amend the Air Quality Division regulations, LAC 33:III.5112 (Log Number AQ181). This proposed rule updates the ambient air standards (AASs) of 12 toxic air pollutants (taps) listed in Table 51.2 in LAC 33:III.5112. This proposed rule decreases the AASs of the following taps: acetaldehyde, acetonitrile, biphenyl, carbon disulfide, chloroethane, cresol (all isomers), 1,4dichlorobenzene, 2,4-dinitrotoluene, 2,6-dinitrotoluene, ethylene glycol, and manganese. These decreases will be effective January 1, 2002. The proposed rule increases the AAS of 1,1,1-trichloroethane. Also, the proposed rule corrects the Cas number of Glycol Ethers in Table 51.3. The basis and rationale for this proposed rule are to comply with LAC 33:III.5109.B.5, which requires the administrative authority to periodically, but no later than 12 months after December 20, 1991 and every 12 months thereafter, review and update the ambient air standards listed for each toxic air pollutant in Table 51.2. Changes in the data used to calculate ambient air standards indicate that 12 of the standards in Table 51.2 need to be updated to reflect more recently published values. This proposed rule meets the exceptions listed in R.S. 30:2019 (D) (3) and R.S.49:953 (G) (3); therefore, no report regarding environmental/health benefits and social/economic costs is required. Title 33 ENVIRONMENTAL QUALITY Part III. Air Chapter 51. Comprehensive Toxic Air Pollutant Emission Control Program Subchapter A. Applicability, Definitions, and General Provisions §5112. Tables *** I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) Th e implementation cost associated with publishing the Bylaws in the Louisiana Register is approximately $120. The rule provides for the formal appointment of a Recording Secretary, but does not require the hiring of additional staff nor adjustment of salaries for existing personnel. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) No impact on revenue collections is anticipated to result from this rule change. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) No impact on non-governmental groups is anticipated to result from this action. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) No impact on competition and employment is anticipated to result from this rule. Jack L. Guinn Executive Director H. Gordon Monk Staff Director Legislative Fiscal Office 9903#027 NOTICE OF INTENT Department of Environmental Quality Office of Air Quality and Radiation Protection Air Quality Division Comprehensive Toxic Air Pollutant Emission Control Program (LAC 33:III.5112) (AQ181) [See Prior Text in Table 51.1 Minimum Emission Rates Toxic Air Pollutants-EXPLANATORY NOTE 11] Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the Table 51.2 Louisiana Toxic Air Pollutant Ambient Air Standards Ambient Air Standard Compounds Cas Number Class 3 (µg/m *) (8 Hour Avg.) Acetaldehyde 75-07-0 II Acetaldehyde 75-07-0 II Acetonitrile 75-05-8 II 940.00[13] Acetonitrile 75-05-8 II 810.00[14] 4,290.00[13] 45.50[14] *** [See Prior Text in Acrolein-Beryllium [1]] Biphenyl 92-52-4 II 31.00[13] Biphenyl 92-52-4 II 23.80[14] *** [See Prior Text in Bis (2-Chloroethyl) Ether-Cadmium (and compounds)[1]] Carbon Disulfide 75-15-0 II 86.00[13] Carbon Disulfide 75-15-0 II 71.40[14] 550 (µg/m 3**) (Annual Avg.) *** [See Prior Text in Carbon Tetrachloride-Chlorobenzene] Chloroethane 75-00-3 II 62,900.00[13] Chloroethane 75-00-3 II 6,290.00[14] *** [See Prior Text in Chloroform-Copper (and compounds)[1]] Cresol [4] 1319-77-3 III 276.00[13] Cresol [4] 1319-77-3 III 238.00[14] *** [See Prior Text in Cumene-Dibutyl Phthalate] 1,4-Dichlorobenzene 106-46-7 II 10,700.00[13] 1,4-Dichlorobenzene 106-46-7 II 1,430.00[14] *** [See Prior Text in 1,2-Dichloroethane-1,3-Dichloropropylene] 2,4-Dinitrotoluene [5] 121-14-2 II 35.70[13] 2,4-Dinitrotoluene [5] 121-14-2 II 4.76[14] 2,6-Dinitrotoluene [5] 606-20-2 II 35.70[13] 2,6-Dinitrotoluene [5] 606-20-2 II 4.76[14] *** [See Prior Text in 1,4-Dioxane-Ethyl Benzene] Ethylene Glycol 107-21-1 III 3,020.00[13] Ethylene Glycol 107-21-1 III 2,380.00[14] *** [See Prior Text in Ethylene Oxide-Maleic Anhydride] Manganese (and compounds) [1] 7439-96-5 II 27.60[13] Manganese (and compounds) [1] 7439-96-5 II 4.76[14] *** [See Prior Text in Mercury (and compounds) [1]-Toulene-2,6-diisocyanate [8]] 1,1,1-Trichloroethane 71-55-6 III 45,200.00 *** [See Prior Text in 1,1,2-Trichloroethane-Zinc (and compounds)[1][10]] Explanatory Notes: *** [See Prior Text in EXPLANATORY NOTES *-[12]] [13] [14] Effective until January 1, 2002. Effective starting date is January 1, 2002. Compliance with the revised ambient air standards is to be addressed in the permitting process after the effective date. Table 51.3 Louisiana Toxic Air Pollutants Supplemental List* Compounds Cas Number Class Synonyms *** [See Prior Text in Acetamide-Fine Mineral Fibers [2]] Glycol Ethers [3] 112-35-6 II *** [See Prior Text in Heptachlor-Vinyl Bromide] HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:1331 (December 1995), amended LR 22:278 (April 1996), LR 24:1277 (July 1998), LR 25: *** [See Prior Text in EXPLANATORY NOTE * - [4]] AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2060 and R.S. 30:2001 et seq. 551 IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There is no effect on competition and employment from this rulemaking. A public hearing will be held on April 26, 1999, at 1:30 p.m. in the Maynard Ketcham Building, Room 326, 7290 Bluebonnet Boulevard, Baton Rouge, LA 70810. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contact Patsy Deaville at the address given below or at (225) 765-0399. All interested persons are invited to submit written comments on the proposed regulations. Commentors should reference this proposed regulation by AQ181. Such comments must be received no later than May 3, 1999, at 4:30 p.m., and should be sent to Patsy Deaville, Investigations and Regulation Development Division, Box 82282, Baton Rouge, LA 70884 or to FAX (225) 765-0486. Copies of this proposed regulation can be purchased at the above referenced address. Contact the Investigations and Regulation Development Division at (225) 765-0399 for pricing information. Check or money order is required in advance for each copy of AQ181. This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 7290 Bluebonnet Boulevard, Fourth Floor, Baton Rouge, LA 70810; 804 Thirty-first Street, Monroe, LA 71203; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 3519 Patrick Street, Lake Charles, LA 70605; 3501 Chateau Boulevard, West Wing, Kenner, LA 70065; 100 Asma Boulevard, Suite 151, Lafayette, LA 70508; 104 Lococo Drive, Raceland, LA 70394 or on the Internet at http://www.deq.state.la.us/ olae/irdd/olaeregs.htm. Gus Von Bodungen Assistant Secretary 9903#044 Robert E. Hosse General Government Section Director Legislative Fiscal Office NOTICE OF INTENT Office of the Governor Division of Administration Office of Data Base Commission Data Base Scope (LAC 4:XI.101-111) Under the authority of R.S. 39:292 et seq., the Louisiana Data Base Commission proposes to promulgate a rule concerning the Louisiana Data Base. This rule defines the Louisiana Data Base and the associated procedures for identifying and incorporating information in the Louisiana Data Base. Title 4 ADMINISTRATION Part XI. Office of Data Base Commission Chapter 1. Definition of the Louisiana Data Base §101. Policy A. The Louisiana Data Base consists of the official databases and related information services required to support the policy, planning, and administrative needs of the state. This includes needs of state government personnel, as well as needs for access to official state databases and services by local government, the business community, and private citizens. The Louisiana Data Base may incorporate databases outside state government that are determined to be sources of official information for state policy, planning, and administration. B. The Louisiana Data Base is defined in an electronic catalog that contains information identifying each of its component databases and services. The electronic catalog is hosted on a Commission data server; however each component database and service identified in the catalog is hosted by, and remain the responsibility of, the provider of the database or service. The catalog will be available electronically to all users and will not include any information privileged or confidential under federal or state law or contain any constraints that otherwise restrict access to or dissemination of its contents. C. The Louisiana Data Base is driven by the policy, planning, and administrative needs of its customers/clients. It incorporates both current and historical information. Its structure supports recurring, ongoing information needs as well as predictable and random ad hoc information requests. Its design is flexible to support dynamic, changing information needs. To ensure that the database remains a Gus Von Bodungen, P.E. Assistant Secretary FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Comprehensive Toxic Air Pollutant Emission Control Program I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) No implementation costs (savings) on state or local government is anticipated from this proposed rule. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The re is no effect on state or local governmental revenue collections from this rulemaking. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) The change in ambient air standards is predicated upon EPA and OSHA established risk assessments for air pollutant emissions. Facilities affected by this proposed rule will have to comply with 11 more stringent ambient air standards (AAS). This may result in an increase of control technology costs in order to reduce emissions released to the atmosphere. However, for the 11 proposed new AASs, modeling exercises were performed on 10 facilities with the highest emission rate, and the analysis showed compliance with the new standards. Facilities may benefit by complying with a less stringent AAS for 1,1,1-trichloroethane. 552 viable resource for policy, planning and administration, the Commission will continuously evaluate customer/client needs through personal contact and surveys. The Louisiana Data Base will also permit customers/clients to electronically record their problems, comments, suggestions and satisfaction. D. The specific databases identified to meet customer/client information needs are carefully reviewed before they are declared official information sources. Where legislation mandates information responsibility for specific areas, such as the Consensus Estimating Conferences, the Commission will coordinate the determination of official information and sources with those legislated entities. E. Information services that increase usability are valuable components of the Louisiana Data Base. Value-added services such as geographic reference, format translation, and electronic commerce are evaluated, based on customer/client need, to determine if they are appropriate for inclusion in the Louisiana Data Base. nominations that qualify as official databases and services into the Louisiana Data Base. 3. The third step involves obtaining formal approval to proceed and commitment of resources from the provider and all other customers/clients. This approval and commitment is based on the contents of the work plan developed in the analysis step. 4. The approved work plan is then executed, integrating the databases and information services into the Louisiana Data Base. B. Operation. The components of the Louisiana Data Base include the central electronic catalog and the individual databases and services distributed across the providers. The Commission is responsible for operation of the electronic catalog, and each provider agency is responsible for operation of its respective databases and services. Operations are performed under the provisions of Service Agreements executed between the Louisiana Data Base Commission and each provider. C. Maintenance. Each database and service included in the Louisiana Data Base is maintained by the respective provider. The Commission maintains the electronic catalog; however, each provider is responsible for supplying the Commission catalog updates to reflect changes to its database or service in a timely manner. AUTHORITY NOTE: Promulgated in accordance with R.S. 39:292 et seq. HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Louisiana Data Base Commission, LR 25: §103. Purpose To define the Louisiana Data Base, to specify criteria for its content and associated information services, and to define procedures for its establishment, operation, and maintenance. AUTHORITY NOTE: Promulgated in accordance with R.S. 39:292 et seq. HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Louisiana Data Base Commission, LR 25: AUTHORITY NOTE: Promulgated in accordance with R.S. 39:292 et seq. HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Louisiana Data Base Commission, LR 25: §109. Definitions Catalog— An index that contains information that defines the databases and information services contained in the Louisiana Data Base. Consensus Estimating Conferences— Six forecasting conferences established by the Louisiana Legislature under R.S. 39:2 and R.S. 39:21 to provide for official information to be universally used across state government for budget and planning purposes. The six conferences are Economic Estimating, Demographic Estimating, Education Estimating, Criminal Justice Estimating, Health and Social Services Estimating, and Transportation Estimating. Current Data— Data that are updated to reflect the most recent actions or status. Customer/Client— An individual, agency, organization, or entity that utilizes information or services provided by the Louisiana Data Base to perform policy, planning, or administration in a governmental/administrative, business or personal context. Geospatial— The geographic location and extent of an individual, agency, organizational, or physical entity or event. Official Data— A database that has been identified by the designated entity as the best possible source for information determined to qualify for incorporation in the Louisiana Data Base. To qualify for incorporation in the Louisiana Data Base, information must be determined to be key data for policy, planning, or administration. Provider— An agency, organization or entity that owns a database or service that is incorporated in and made available to users of the Louisiana Data Base. The provider retains §105. Applicability Applies to all agencies, organizations, entities, and individuals, either within or outside Louisiana state government, who are involved in the establishment, use, operation, or maintenance of the Louisiana Data Base. AUTHORITY NOTE: Promulgated in accordance with R.S. 39:292 et seq. HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Louisiana Data Base Commission, LR 25: §107. Procedure A. Establishment. The Louisiana Data Base is initially established by creating the central electronic catalog and implementing the capability to logically connect to databases and information services that reside at the provider locations. Thereafter, the database is populated incrementally with official databases and information services following a fourstep process. 1. The first step is identification of candidate databases and services for incorporation in the Louisiana Data Base. This step is user-driven and is based on nominations from personal interviews, surveys, electronic feedback, legislation review, and ad-hoc inputs. 2. Next, nominations from the first step are analyzed to determine specific databases and services. The nominations are evaluated to determine if they qualify as official databases or services and to identify the potential provider. The final analysis activity is to develop a work plan to integrate the 553 ownership of and responsibility for hosting, maintaining, and providing access to the database or service. User— Any individual who physically accesses the Louisiana Data Base on behalf of himself or another person, agency, organization, or entity. c. ensuring that the information regarding its databases and services contained in the electronic catalog is current and accurate. 4. Consensus Estimating Conferences and other officially designated entities are responsible for: a. determination of the information needs and official databases for their respective areas of responsibility. AUTHORITY NOTE: Promulgated in accordance with R.S. 39:292 et seq. HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Louisiana Data Base Commission, LR 25: AUTHORITY NOTE: Promulgated in accordance with R.S. 39:292 et seq. HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Louisiana Data Base Commission, LR 25: §111. Responsibility A. The Louisiana Data Base Commission has overall responsibility for establishing and maintaining the Louisiana Data Base. The Commission achieves its objectives for the database through cooperative efforts with other entities who have a vested interest in the Louisiana Data Base or the benefits it provides. Following is the allocation of responsibilities for establishing and maintaining the Louisiana Data Base. 1. The Louisiana Data Base Commission is responsible for: a. determination of the data needs for state policy, planning and administration; b. selecting the contents to be included in the Louisiana Data Base; c. providing the electronic catalog and the capabilities to access the catalog to discover relevant databases and services; d. providing capabilities to link to specific provider databases and services using the electronic catalog e. determination of appropriate value-added services that improve use of the database or enhance the analytical tools available to users; f. providing specific direction for establishment, maintenance and use of the Louisiana Data Base; g. reporting database use information; h. collection of and response to customer/client feedback. 2. The Office of Data Base Commission is responsible for: a. providing technical and administrative support to the Louisiana Data Base Commission for performance of all Commission responsibilities; b. establishment, operation and maintenance of the electronic catalog on behalf of the Commission; c. providing technical support to providers as required for establishment and maintenance of their components of the Louisiana Data Base; d. providing technical support to users and customers/clients regarding use of the Louisiana Data Base 3. Data Providers are responsible for: a. providing access to their databases and information services that are determined to be official data and services for state policy, planning and administration; b. operating and maintaining the currency and accuracy of its components of the Louisiana Data Base; A public hearing will be held on these rules on Wednesday, April 28, 1999 at 10:00 a.m. in Room B56, Capitol Annex Building, Baton Rouge, Louisiana. All interested parties will be afforded an opportunity to submit data, views or arguments orally at the hearing. Written comments may also be submitted prior to the hearing to Edwin M. Leachman, Director, Office of Data Base Commission, Box 94095, Baton Rouge, LA 70804-9095. Jerry Guillot Chairman FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Data Base Scope I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) This rule defines processes that have been established and implemented by the Louisiana Data Base Commission to conform to legislative mandate. The only anticipated cost will be approximately $160.00 in state general fund for publication costs of the Notice of Intent and Rule. State and local governmental units will be informed of the proposed rule through the Louisiana Data Base Commission’s Web Page, which is already a budgeted cost of the Division of Administration. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) There will be no effect on revenue collections of state or local governmental units resulting from this proposed rule. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) Because this rule defines processes already in place, there will be no costs or economic benefits to directly affected persons or nongovernmental groups. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) No impact on competition and employment is anticipated as a result of the proposed rule because the processes contained in the rule have already been established and implemented by the Louisiana Data Base Commission. Whitman J. Kling, Jr. Deputy Undersecretary 9903#050 554 Robert E. Hosse General Government Section Director Legislative Fiscal Office Louisiana Register. The LSBEP publishes a newsletter which is distributed to all Louisiana licensed psychologists. This new rule will be published in the next edition of that newsletter. No adjustment is necessary in the workload or printing of this rule in that publication. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) This proposed rule will have no financial effect upon state or local governmental units. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) It is anticipated that the proposed rule will have no effect on costs and/or economic benefits to directly affected persons or non-governmental groups. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) It is anticipated that the proposed rule will have no effect on competition and employment in the public and/or private sectors. NOTICE OF INTENT Department of Health and Hospitals Board of Examiners of Psychologists Acceptable Sponsorship, Offerings and Activities (LAC 46:LXIII.805) The Board of Examiners of Psychologists, pursuant to the authority vested in the board by R.S. 37:235 et seq., and in accordance with the applicable provision of the Administrative Procedure Act, intends to amend its continuing education rule as follows. Title 46 PROFESSIONAL AND OCCUPATIONAL STANDARDS Part LXIII. Psychologists Chapter 8. Continuing Education §805. Acceptable Sponsorship, Offerings and Activities A. - G. ... H. Licensees can earn CE hours equal to six times the credit hours granted students for the preparation and teaching of a graduate level psychology course in an accredited institution of higher education. This CE credit may be claimed only once for a course. Subsequent teaching of the same course will not qualify for CE credit. I. Licensees can earn CE hours equal to four times the CE hours given participants for the preparation and presentation of a workshop which has an acceptable sponsor and otherwise meets the criteria for acceptable continuing education. This CE credit may be claimed only once for the initial presentation of a workshop. Repeated presentations of the same or similar workshops will not qualify for CE credit. C. Gary Pettigrew, Ph.D. Chairman 9903#002 Robert E. Hosse General Government Section Director Legislative Fiscal Office NOTICE OF INTENT Department of Health and Hospitals Board of Examiners of Psychologists Use of Assistants in Psychological Practice (LAC 46:LXIII.Chapter 11) Notice is hereby given, in accordance with R.S. 49:950 et seq. that the Department of Health and Hospitals, Board of Examiners of Psychologists intends to repeal and promulgate the following. Title 46 PROFESSIONAL AND OCCUPATIONAL STANDARDS Part LXIII. Psychologists Chapter 11. Use of Assistants in Psychological Practice §1101. Conditions for Utilization of Assistants Repealed. §1101. General Provisions A. The Board recognizes as legitimate the appropriate, ethical use of certain unlicensed individuals (assistants) to assist the psychologist in carrying out direct patient care responsibilities and in delivering other psychological services. B. Assistants who provide psychological services shall do so only upon the order or direction of the psychologist-employer or supervising agency psychologist who, in order to maintain the ultimate legal and professional responsibility for the safety and welfare of the patient or client, shall be vested with functional authority over all psychological services provided by assistants. C. Outside of those exceptions defined in this rule, the use of assistants is permissible only when a professional relationship exists between the psychologist and the patient or client. Within this context, a professional relationship is AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2354. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Examiners of Psychologists, LR 16:770 (September 1990), amended LR 19:46 (January 1993), LR 22:1131 (November 1996), LR 25: Interested persons may submit data, views, arguments, information or comments on the proposed rule, in writing, to the Board of Examiners of Psychologists, 11924 Justice Avenue, Suite A, Baton Rouge, LA 70816. Written comments must be submitted to and received by the Board within 30 days of the date of this notice. A request pursuant to R.S. 49:953(A)(2) for oral presentation, argument or public hearing must be made in writing and received by the Board within 20 days of the date of this notice. C. Gary Pettigrew, Ph.D. Chairman FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Acceptable Sponsorship, Offerings and Activities I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The only cost anticipated to state or local governmental units to implement this rule is the $20 cost of publishing it in the 555 defined as and requires sufficient direct, face-to-face contact with the patient or client to allow the psychologist to: 1. establish the doctor-patient relationship, 2. develop the provisional or working diagnoses, 3. adequately plan, prescribe, direct and/or monitor any diagnostic or therapeutic services to be rendered by the assistant, and 4. to clarify for the patient or client the role of the assistant for any services provided. D. Assistants may provide services permitted under this rule in the absence of a face-to-face contact between the psychologist and patient or client in the following exceptional circumstances: 1. If deemed appropriate by the supervising agency psychologist, limited symptom screening may be conducted as part of an agency routine to determine if referral for a psychological evaluation or other referral is indicated. Such screening procedures may be ordered as a standing protocol by the psychologist provided that the psychologist establishes the objective criteria by which persons so screened are identified as candidates for psychological evaluation or referral. Such screening procedures shall not be considered sufficient to render a diagnosis of mental, emotional, cognitive or neurobehavioral disorder nor sufficient for treatment planning purposes, or the suitability for employment. The psychologist is not required to establish a professional relationship with an individual so screened unless and until such time that the individual, by virtue of the results of such screening, is determined to be in need of psychological evaluation or other psychological services. 2. At the sole discretion of the psychologist-employer or supervising agency psychologist, an exemption can be made in those cases in which a referral is received for an established patient of another psychologist or physician who has assumed the ultimate responsibility for the psychological diagnosis and management of the patient or client and who is practicing in a health care facility licensed by the State of Louisiana in which the diagnosis and/or management of mental, emotional, cognitive or neurobehavioral disorders is routine. E. The use of assistants will be conducted in such a manner as to insure both the welfare of the patient or client and the ethical and legal protection of the unlicensed individual. In so doing, the psychologist-employer or supervising agency psychologist shall establish and maintain a level and frequency of contact with the assistant which is consistent with the complexity of psychological service functions provided, the experience and competence level of the assistant and prevailing professional and ethical standards. F. Reasonable provisions shall be made to insure that assistants have ready access to the psychologist in the case of an emergency. G. All work assignments or duties shall be consistent with provisions of this rule and commensurate with the demonstrated skill level of assistants. H. Public announcement of services and/or fees, as well as contact with the lay or professional public, shall not be offered in the name of assistants. I. Billing for psychological services shall not be in the name of assistants. J. Referrals or consults shall not be accepted or made in the name of assistants. K. A psychologist may not be employed or contracted by an assistant. L. Assistants shall not be given work assignments or duties which involve professional psychological judgment or functions. Such professional functions include, but are not necessarily limited to, the diagnosis of mental, emotional, cognitive or neurobehavioral disorders, the prescription and/or selection of diagnostic procedures for patient examination, the interpretation, integration and written preparation of psychologic and/or neuropsychologic test results, consultation and the prescription and/or independent provision of therapeutic procedures, techniques or modalities for the treatment or management of mental, emotional, cognitive or neurobehavioral disorders. AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2353 HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Examiners of Psychologists, LR 5:250 (August 1979), repealed and promulgated LR 25: §1103. Responsibilities of Supervisors Repealed. §1103. Functions of Assistants A. All functional work assignments or duties shall be consistent with provisions of this rule and commensurate with the demonstrated skill and experience level of the assistant. Two types of functions are delineated: assessment and intervention. 1. Assessment Functions a. Upon the order or direction of the psychologist, assistants may instruct patients or clients in self-administered procedures and score those diagnostic test procedures, such as symptom checklists and objective personality inventories, which are objectively and clerically scored. Assistants performing these functions must have received appropriate in-service training, the documentation of which is maintained by the psychologist. b. Appropriately trained assistants, upon the order or direction of the psychologist-employer or supervising agency psychologist, may administer and score other diagnostic psychological and/or neuropsychological test procedures for which they have received theoretical and technical education and/or instruction provided that the psychologist is able to document, in such form as may be required by the Board, that the assistant is qualified to administer and score such test procedures. Such documentation shall be based, at least in part, on a sufficient number of protocols or procedures which are determined to meet specified criteria for accuracy and conformity to accepted test standards, as determined by the psychologist. c. At the direction of the psychologist-employer or supervising agency psychologist, assistants additionally may compile observations and actuarial test information into a preliminary written form for the psychologist. The psychologist, however, retains the responsibility for 556 preforming those professional components of assessment functions which include, but are not necessarily limited to, the integration and interpretation of the psychological or neuropsychological test findings, the formulation of any diagnoses or diagnostic impressions and any recommendation for further examination, referral, consultation or therapeutic intervention which are incorporated into any written document or oral report. d. The psychologist-employer or supervising agency psychologist shall maintain documentation of the assistant’s education or instruction and qualification as it pertains to test administration and scoring. e. The psychologist-employer or supervising agency psychologist shall also develop and maintain, in such form as may be required by the Board, a written quality control plan of the evaluation of the work product of the assistant. This plan shall minimally include a procedure by which, at least annually, randomly selected work samples are inspected and evaluated by the psychologist according to criteria for accuracy and conformity to accepted test standards, as specified by the psychologist. Assistants whose work products are determined to fall below the standards of performance established by the quality control plan subsequently shall have all work product reviewed by the psychologist until such time that minimal quality control standards are reestablished. 2. Intervention Functions a. Upon the order or direction of the psychologist-employer or supervising agency psychologist, assistants may execute specific, objective and well-defined intervention protocols. Such intervention protocols may include, but are not necessarily limited to, relaxation procedures, prescribed behavioral intervention techniques, prescribed biofeedback intervention procedures and prescribed neuropsychological or cognitive rehabilitation strategies. b. Assistants, upon the order or direction of the psychologist-employer or supervising agency psychologist, additionally may carry out limited, semi-structured psychological health procedures. Such procedures may include, but are not necessarily limited to, patient education, social skills training, orientation groups, parent effectiveness training, systematic desensitization or related behavioral procedures and assertion training. Assistants may also assist the psychologist within the context of psychotherapeutic interventions so long as the psychologist is physically present and the limited role of the assistant is made known to those to whom services are being rendered. c. Those assistants directed to execute intervention functions or assist the psychologist in the delivery of therapeutic services as described above must have documented instruction, and/or training in such procedures or functions and must be proficient in such intervention activities by the psychologist based on documented observation and review of intervention procedures of each type undertaken by the assistant. d. The psychologist-employer or supervising agency psychologist shall develop and maintain, in such form as may be required by the Board, a written quality control plan. Such plan shall include, at a minimum, an annual random inspection or review of the assistant’s work product as it pertains to intervention functions. AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2353. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Examiners of Psychologists, LR 5:250 (August 1979), repealed and promulgated LR 25: §1105. Registration of Assistants A. The psychologist-employer or supervising agency psychologist, upon hiring or otherwise accepting oversight / supervision responsibilities of an assistant, shall provide to the Board written notification in such form and manner as the Board might require. B. Annually, at a time prescribed by the Board and in a form and manner as the Board might require, the psychologist-employer or supervising agency psychologist shall renew the registration of all assistants who provide psychological services under their direction. C. The psychologist-employer or supervising agency psychologist, upon termination, reassignment of the assistant to another psychologist or substantive change in the duties or activities of the assistant, shall provide the Board with written notification of such change within a timely fashion not to exceed thirty (30) days. AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2353. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Examiners of Psychologists, LR 25: §1109. Exemptions A. Upon receipt of an affidavit by the psychologist-employer or supervising agency psychologist, that an assistant has been legally functioning under the direction and supervision of the psychologist for at least two years before June 1, 1999, the Board may authorize the affiant to continue the use and supervision of that assistant under Board rules in effect before June 1, 1999. B. A matriculated graduate student whose activities constitute a plan of the course of study for a graduate degree in psychology at a school or college. C. An individual pursing post-doctoral training or experience in psychology, including persons seeking to fulfill the requirements for licensure under Title 37, Chapter 28, Psychologists (Supp. 1998). AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2353. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Examiners of Psychologists, LR 25: §1111. Failure to Comply Any psychologist-employer or supervising agency psychologist who utilizes assistants in a manner which is in violation of these regulations shall be subject to disciplinary action by the Board. AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2353. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Examiners of Psychologists, LR 25: Interested persons may submit data, views, arguments, information or comments on the proposed rule, in writing, to the Board of Examiners of Psychologists, 11924 Justice Avenue, Suite A, Baton Rouge, LA 70816. Written comments must be submitted to and received by the Board within 30 days 557 of the date of this notice. A request pursuant to R.S. 49:953(A)(2) for oral presentation, argument or public hearing must be made in writing and received by the Board within 20 days of the date of this notice. nurse practitioner, certified nurse midwife, and clinical nurse specialist in Louisiana. The proposed rules are set forth below. Title 46 PROFESSIONAL AND OCCUPATIONAL STANDARDS Part XLVII. Nurses Subpart 2. Registered Nurses Chapter 45. Advanced Practice Registered Nurses §4513. Authorized Practice A. - B.8. ... C. Limited Prescriptive and Distributing Authority. An Advanced Practice Registered Nurse (APRN) shall practice in a manner consistent with the definition of advanced practice set forth in R.S. 37:913(3) and the provisions of R.S. 37:10311035. 1. The 1997 Louisiana legislature authorized the creation of the Joint Administration Committee on Prescriptive Authority for Advanced Practice Registered Nurses, under the joint jurisdiction of the Board and the Louisiana State Board of Medical Examiners, to develop and promulgate rules and regulations governing the APRN's limited prescriptive authority. 2. The application requesting that an APRN be granted limited prescriptive authority to prescribe assessment studies, drugs, and therapeutic devices, and to distribute free drug samples and other gratuitous medications supplied by drug manufacturers may be made with initial APRN licensure application or by separate application as set forth in LAC 46:XLVII.3341. 3. Definitions as used in this Part: Act— Acts 1997, Number 720, R.S. 37:1031-1034. Assessment Studies— diagnostic studies including, but not limited to laboratory testing, radiologic studies, electrocardiograms, and pulmonary function tests. Board— the Louisiana State Board of Nursing. Contact Hour— a unit of measurement that describes 50 minutes of participation in an educational activity which meets the Board's continuing education criteria. Ten contact hours equal one continuing education unit (C.E.U.). Collaborating Physician— a physician in active practice with whom the APRN has developed and signed a collaborative practice agreement for limited prescriptive and distributing authority and who holds a current, unencumbered, unrestricted and valid medical license issued or recognized by the Louisiana State Board of Medical Examiners with no pending disciplinary proceedings, and practices in accordance with rules of the Louisiana State Board of Medical Examiners. Distribute, Distribution or Distributed— the issuing of free samples and other gratuitous medications supplied by drug manufacturers, as defined by clinical practice guidelines contained in a collaborative practice agreement for limited prescriptive authority. Gratuitous Medications— the medications provided by the manufacturer to be distributed to indigent populations and/or HIV and STD patients free of charge. Joint Administration Committee or Committee— the joint Committee comprised of three members designated by the Board and three members designated by the Louisiana C. Gary Pettigrew, Ph.D. Chairman FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Use of Assistants in Psychological Practice I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The only cost anticipated to state or local governmental units to implement this rule is the $240 cost of publishing it in the Louisiana Register. The LSBEP publishes a newsletter which is distributed to all Louisiana licensed psychologists. The new rule will be published in the next edition of that newsletter. No adjustment is necessary in the workload or printing of this rule in that publication. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) This proposed rule will have no financial effect upon state or local governmental units. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) It is anticipated that the proposed rule will have no effect on costs and/or economic benefits to directly affected persons or non-governmental groups. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) It is anticipated that the proposed rule will have no effect on competition and employment in the public and/or sectors. C. Gary Pettigrew, Ph.D. Chairman 9903#003 Robert E. Hosse General Government Section Director Legislative Fiscal Office NOTICE OF INTENT Department of Health and Hospitals Board of Nursing and Board of Medical Examiners Advanced Practice Registered Nurse Demonstration Projects (LAC 46:XLVII.4513) Notice is hereby given, that the Louisiana State Board of Nursing (herein referred to as Board) and the Louisiana State Board of Medical Examiners, pursuant to the authority vested in the Board by R.S. 37:918(K), and 37:1031-1035 in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., intends to amend the Advanced Practice Registered Nurse Demonstration Projects, LAC 46:XLVII.4513.C and to adopt LAC 46:XLVII.4513.C, Limited Prescriptive and Distributing Authority for Advanced Practice Registered Nurses, and to standardize the process and requirements for application for prescriptive privileges as a 558 State Board of Medical Examiners, and two nonvoting members, one APRN appointed by the Louisiana State Nurses Association and one physician, appointed by the Louisiana State Medical Society. Medical (Therapeutic) Device or Appliance— any piece of equipment used as an aid to living by a patient including, but not limited to, a wheelchair, crutches, or hospital bed. Medical device or appliance shall not be construed to mean any diagnostic tool or test or any item or equipment of a therapeutic or corrective nature which is outside the scope of practice of advanced nursing. Clinical practice guidelines will indicate appropriate medical devices or appliances to be prescribed by an APRN. National Professional Accrediting Organization— an organization that provides accreditation for educational activity offered by a nursing, medical, or pharmacy association or other educational entities and is approved by the Board and Committee relative to pharmacotherapeutics. Prescribe— to direct, order, or designate the preparation, use of or manner of using by spoken or written words. Prescription— an order for a drug, chemical, or medicine, or combination thereof, either written or given orally to a registered pharmacist by a licensed physician, dentist, optometrist, advanced practice registered nurse, or veterinarian, to be filled, compounded, or dispensed by a registered pharmacist in a registered pharmacy, and to be preserved on file as required in R.S. 37:1198. Samples— a unit of prescription drug which is not intended to be sold and is intended to promote the sale of the drug. Under Physician Direction— the limited prescriptive authority as approved by the Joint Administration Committee and demonstrated in the collaborative practice agreement as provided for in R.S. 37:913(9). Physician direction of the APRN is essential and implies that there is informed concurrence of the limited prescriptive authority actions of the APRN, in accordance with written clinical practice guidelines in existence between the collaborating physician and the APRN. Although physician direction shall not be construed in every case to require the physical presence of the collaborating physician, he shall be within a reasonable distance to provide timely response to medical emergencies and he and the APRN must have the capability to be in contact with each other by telephone or other telecommunications devices. 4. The applicant shall: a. hold a current, unencumbered, unrestricted and valid registered nurse license in Louisiana with no pending disciplinary proceedings as stated in R.S. 37:921; b. hold a current, unencumbered, unrestricted an