Contents april 2009 I. Executive order

A. - D. …

E. Unless precluded by law, informal disposition may be made of any case of adjudication by stipulation, agreed settlement, consent order, or default. A consent order or agreed settlement shall be presented to the board for approval before it becomes binding on the board.

F. - O. …

P. After the hearing is concluded, the hearing officer shall issue a report containing his/her findings of fact, conclusions of law and recommendations. This report shall be presented to the board in executive session and shall be considered privileged and confidential until and unless it is adopted in final form by the board.

Q. - U. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:969 and 37:978 and Acts 675 and 827, 1993.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, LR 2:275 (September 1976), amended LR 3:193 (April 1977), LR 10:336 (April 1984), amended by the Department of Health and Hospitals, Board of Practical Nurse Examiners, LR 18:1126 (October 1992), repromulgated LR 18:1259 (November 1992), amended LR 20:663 (June 1994), LR 26:2614 (November 2000), LR 28:2353 (November 2002), LR 30:1478 (July 2004), LR 34:1912 (September 2008), LR 35:

A. - C. …

D. During a declared state of public health emergency, an emergency temporary permit may be issued to practical nurses licensed in another jurisdiction of the U.S. whose

license is current, unrestricted and in good standing in such jurisdiction, provided that the practical nurse register with the board prior to providing practical nursing care. The emergency permit may be issued for 60 days or until termination of the state of public health emergency, whichever comes first. The permit may be extended for two additional 60 day periods.

E. - F. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:969 and 37:976.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Practical Nurse Examiners, LR 3:200 (April 1977), amended LR 10:341 (April 1984), amended by the Department of Health and Hospitals, Board of Practical Nurse Examiners, LR 18:1130 (October 1992), repromulgated LR 18:1263 (November 1992), amended LR 28:2355 (November 2002), LR 32:637 (April 2006), LR 33:93 (January 2007), amended LR 35:

Family Impact Statement

The proposed amendments to LAC 46:XLVII.Subpart 1. should not have any impact on family as defined by R.S. 49:972. There should not be any effect on: the stability of the family, the authority and rights of parents regarding the education and supervision of their children, the functioning of the family, family earnings and family budget, the behavior and personal responsibility of children, and/or the ability of the family or local government to perform the function as contained in the proposed Rule.

Interested persons may submit written comments to Claire Doody Glaviano, Executive Director, Board of Practical Nurse Examiners, 3421 N. Causeway, Ste. 505, Metairie, LA 70002. All comments must be submitted by 3:30 p.m., May 10, 2009.
FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Adjudication and Temporary Permits
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

Other than the rule publication costs, which are estimated to be $200 in fiscal year 2009, it is not anticipated that the proposed rule amendments will result in any material costs or savings to the Board of Practical Nurse Examiners, any state unit or local governmental unit.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

The proposed rule will have no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The proposed rules allow nurses from other states working in Louisiana on an emergency temporary permit to receive financial reimbursement for their services.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

Authorizing financial reimbursements for nurses from other states working in Louisiana on an emergency temporary permit will likely result in more out of state nurses working in emergency temporary nursing jobs in the state.

Offender Visitation (LAC 22:I.316)

In accordance with the provisions of the Administrative Procedures Act (R.S. 49:950), the Department of Public Safety and Corrections, Corrections Services, hereby gives notice of its intent to amend the contents of §316, Offender Visitation.

Title 22

CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT

Part I. Corrections

Chapter 3. Adult Services

Subchapter A. General

A. Purpose. To establish the secretary's policy regarding offender visitation and to set forth the procedures to be followed concerning offender visitation.

B. Applicability. Deputy Secretary, Chief of Operations, Assistant Secretary, Regional Wardens and Wardens. Each warden is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation and for conveying its content to all offenders, affected employees and visitors.

C. Policy. The department recognizes the importance of visitation in the maintenance of an offender's family ties; visitation is an integral component of institutional management. Visiting can improve public safety and encourage offender accountability. Authorized visitation is permitted by the department to facilitate an offender’s institutional adjustment in accordance with the department’s goals and mission. The visiting process shall be conducted in an atmosphere that is conducive for the safe, secure and orderly management and operation of the institution. Thus, the visiting process will not overly tax the institution's resources or its ability to maintain adequate control and supervision. In this matter, as in all others affecting institutional operations, safety and security are primary considerations.

1. Each warden shall be responsible for ensuring written information regarding visiting procedures is made available to offenders within 24 hours following the offender's arrival at the institution. At a minimum, the information shall include, but is not limited to, the following: address and phone number of the institution; directions to the institution; information regarding local transportation; days and hours of visitation; approved dress code; identification requirements; authorized items; rules for children and special visits.

D. Definitions

a. requests for special visits shall be submitted to the warden or designee as soon as possible;

b. visitation may be authorized by the warden or designee on a case-by-case basis to allow an offender to visit with a person who is not on the offender’s approved visiting list, such as out-of-state family members or friends;

c. an extra visit by an offender and a person who is on the offender’s approved visiting list that is permitted beyond the limits of the number of visits established by this regulation and institutional policy and procedures; and

d. a visit that is permitted at an hour and/or place at which visits are not normally permitted.

NOTE: Specialized Visiting is also authorized for hospitalized or terminally ill offenders.

E. Visiting Procedures. Visitation is a privilege and not a right and violation of rules may result in termination of the visit, loss of the offender’s visiting privileges, banning of the visitor from entering the institution or its grounds and/or criminal charges as circumstances warrant.

1. Offender Eligibility

a. All offenders, except those offenders in intake status or as specifically provided herein, are eligible to apply for visits while confined in a departmental facility.

b. Visitation will not be allowed while an offender is in intake status. Once an offender is removed from intake status, visitation with immediate family members may be authorized by the receiving facility at the request of an offender.

c. Offenders who have a current or prior conviction for a sex crime involving a minor child family member, or who have a documented history of sex abuse with a minor child family member, are ineligible to visit with any minor child, including their own biological or step-child.

d. Offenders who have a current or prior conviction for a sex crime involving a minor child who is not a family member are ineligible to visit with any minor child. However, at the warden’s discretion, such offenders may be authorized to visit with their own biological child. The legal guardian shall submit a written request and shall accompany the minor child during the visit. If approved by the warden, the visit may be contact or non-contact at the warden’s discretion.

Exception: Special visits for offenders who have successfully completed or are participating satisfactorily in sex offender treatment may be considered by the warden. (Treatment staff who teach the sex offender class shall be involved in the decision-making process for this type of special visit.) The legal guardian shall submit a written request and shall accompany the minor child during the visit. If approved by the warden, the visit may be contact or non-contact at the warden’s discretion.

2. Eligibility of Prospective Visitors

a. All persons, except as specifically prohibited in accordance with this regulation, are eligible to be considered for approval to visit an offender confined in a departmental facility upon application and request by the offender.

b. A person is ineligible to visit if the individual has been convicted of, and/or has criminal charges pending against him for the following crimes/criminal activities:

i. introduction and/or supplying, attempting or conspiring to introduce or supply contraband;

ii. possession, control or delivery of an explosive device or substance, including attempt or conspiracy to do the same; or

iii. assisting an offender in an escape or unlawful departure from a correctional facility, including an attempt or conspiracy.

c. Visits from the offender’s direct victim(s) are prohibited.

d. A person who has been convicted of a felony, who has not been finally discharged from an institution or from probation or parole supervision for more than two years without an intervening criminal record shall be denied approval to be placed on an offender's visiting list. In addition, any person who in the previous five years had three or more felony charges (regardless of disposition) shall be considered ineligible to visit or, if already an approved visitor, shall have visiting privileges revoked.

e. All prospective visitors shall be screened for criminal history by one of the following approved methods:

i. request for a police check to local law enforcement agencies by utilizing the Police Questionnaire;

ii. CAJUN 2 inquiry;

iii. National Crime Information Center (NCIC); or

iv. Louisiana Computerized Criminal History (LACCH.)

f. While the use of LACCH is considered optimum, the warden retains the option of choosing the method of obtaining the police record that best meets the needs of the institution. Each institution shall honor the criminal history check of another institution.

g. Visitation by employees of the department is reserved for immediate family members only. Requests to visit an incarcerated family member shall be submitted to the requesting employee’s warden or designee for consideration. A departmental employee or an ex-employee may be denied approval to visit if such denial is deemed by the warden or designee to be in the best interest of the institution.

h. Exceptions to the provisions of this section, including the approval of former offenders as visitors, may be specifically authorized by the warden or designee.

3. Visiting Lists/Maximum Number of Approved Visitors

a. Offenders may be permitted a maximum of 10 approved visitors on their respective visiting lists. The Initial Request for Visitors Form shall be used by offenders to request visitors.

NOTE: At the discretion of the warden or designee, an offender participating in a special recognition program may be allowed to have up to a maximum of 15 approved visitors placed on his visiting list.

b. The name of each approved visitor shall appear on the offender’s visiting list; however, legal advisors, one approved religious advisor and children under 14 years shall not be counted toward the maximum number of approved visitors, although their names must still appear on the list.

c. Except as noted in Paragraph E.1. relative to offenders who have a current or prior conviction for a sex crime, minor children may visit on any of the regular visiting days when accompanied by an adult visitor on the offender’s approved visiting list. Both visitors must be visiting the same offender at the same time. Exceptions to being accompanied by an adult may be specifically authorized by the warden or designee, including, but not limited to, the following:

i. minor spouse;

ii. emancipated minors (Judgment of Emancipation required as proof); or

iii. minors visiting as part of approved institutional programs such as school groups, church groups, parenting groups, etc.

d. It is the offender’s responsibility to provide the correct name, address, date of birth, race and sex of all prospective visitors. A record shall be maintained of approved visitors, as well as a confirmation of their actual visits.

e. All visiting records/information obtained on an offender by institutional staff shall be transferred with the offender when the offender is reassigned to another institution within the department. This includes transfers to work release programs. The offender’s current visiting information shall be utilized by the work release program to allow for visitation.

4. Restrictions on Visiting

a. An offender may refuse to see a visitor; however, the offender will be required to sign a statement to that effect and the statement shall be filed in the offender's master prison record. Should the offender refuse to sign a statement, documentation of the refusal shall be placed in the offender's master prison record.

b. A person may be removed from the offender's approved visiting list at his own request.

c. Any person may be denied permission to visit during the time of a disturbance at the institution. All visiting shall be suspended during an emergency.

d. A visitor can be on only one offender’s visiting list per institution unless that visitor is a family member of more than one offender. The burden of proof and documentation will be the responsibility of the offender and his family.

e. All visitors 15 years of age and older must have picture identification in order to visit an offender.

f. When an offender requests a visitor be added to his visiting list, it shall be the offender’s responsibility to mail the Individual Questionnaire Form to the proposed visitor. By signing the questionnaire, the proposed visitor is agreeing to be on the offender's visiting list and to obey all institutional rules. The proposed visitor shall return the completed questionnaire to the institution's classification department for further processing. The information received from the questionnaire shall be used to run the criminal history check prior to final approval.

g. The institution shall develop and post procedures regarding the notification to visitors of their approval or disapproval.

h. Grandfather Clause

i. All approved visitors on an offender’s visiting list on July 20, 2009, will remain approved (unless removed for cause.) If the offender has more than 10 approved visitors, the offender may not add or substitute an additional visitor without bringing their visiting list into compliance with this regulation.

5. Changing the Visiting List

a. Each offender shall be allowed to request changes (additions, deletions, substitutions) to his approved visiting list every four months.

b. A Request for Changes of Approved Visiting List Form shall be made available to offenders to request changes to their approved visiting list.

c. Offenders entering an institution with no established visiting record should be granted tentative approval to visit family members upon request of the offender. Some preliminary verification of relationship may be required. Exceptions must be approved by the warden or designee and be based upon legitimate security considerations.

d. Offenders transferring to another institution should be authorized to visit with their approved visitors at the receiving institution, unless it is demonstrated that the requirements/restrictions of this regulation were not previously adhered to in the approval process or unless the warden or designee at the receiving institution identifies the need to apply restrictions based upon current security considerations. (An offender shall be allowed to request a change in his visiting list when he first arrives at the receiving institution and at four-month intervals thereafter.)

6. Number, Duration and Conditions of Visits

a. Approved visitors should be allowed to visit the offender at least two times per month.

b. While a two-hour visit is optimum, each warden or designee retains the discretion to determine the duration of visits, as well as the days and hours on which they may occur. Available space and staff will determine visiting lengths.

c. Each warden or designee retains the discretion to determine the number of visitors who may visit an offender at one time. Family visiting and contact visits are to be permitted to the extent possible.

d. All visitors are to be informed in writing of the rules governing visiting. Rules will be conspicuously posted in the visiting areas.

e. Visitors are allowed to bring only enough cash money for vending machines and/or concessions into the visiting area. Any financial transactions including cash money, money orders (bank or postal) or cashier's checks for deposit into an offender's account will only be accepted at the visiting processing area.

Exception: Deposits into an offender’s account at the Louisiana State Penitentiary may be accepted in the visiting room.

f. Any visit may be terminated if the offender or visitor violates the rules governing visiting.

g. Non-Contact Visits

i. The warden or designee may place a visitor on a non-contact visitation status for the safe and secure operation of the institution. Visitors placed on non-contact visitation status shall have their status reviewed every six months.

ii. Offenders who are housed in segregation or disciplinary units shall be placed on non-contact visitation status.

iii. Any offender who pleads guilty or has been found guilty of a disciplinary rule for one or more of the following reasons will be subject to non-contact visits for a minimum of six months:

(a). possession of any drug or drug paraphernalia;

(b). producing a positive or adulterated urine sample;

(c). refusal or substantial delay to provide a urine sample;

(d). introduction of contraband into the institution;

(e). positive breathalyzer test; or

(f). any major rule violation that occurs in the visitation area.

iv. Such restriction must be formally reviewed, at a minimum, every six months. Restriction of contact visiting is not a disciplinary penalty.

h. Where available, picnic visits are authorized as approved by the warden or designee. The warden or designee shall authorize foods that will be allowed for picnics.

7. Dress Code for Visitors

a. Visitors should be aware that visiting areas are designed to cultivate a family atmosphere for family and friends of all ages. Visitors should dress and act accordingly. The following apparel is considered inappropriate and shall result in the denial of visits:

i. clothing that is similar in appearance to the clothing worn by the unit’s offender population;

ii. clothing that is similar in appearance to the clothing worn by correctional officers, i.e. camouflage, blue BDU’s, etc.

iii. transparent clothing;

iv. swimming suits;

v. skirts, shorts, skorts, culottes, and dresses shorter than 1 inch above the knee cap or those with revealing slits;

vi. strapless, tube and halter tops, tank tops and strapless dresses;

vii. tops that expose the midriff;

viii. blouses, shirts and dresses that are low cut;

ix. Spandex, Lycra or Spandex-like athletic pants, aerobic/exercise tights or leotards;

x. underwear cannot be exposed;

xi. clothing with revealing holes or tears one inch above the knee cap;

xii. clothing or accessories with obscene or profane writing, images or pictures;

xiii. gang or club-related clothing or insignia indicative of gang affiliation.

b. All visitors must wear shoes; house slippers and shower shoes are not allowed. Footwear must remain on feet at all times. These restrictions apply equally to men, women and children.

8. Suspension of Visiting Privileges

a. Any person may be refused approval to visit an offender and removed from an approved visiting list if the visitor does not comply with the rules of the institution. (Such removal may be temporary or permanent, depending upon the severity of the violation.)

b. Any person causing or participating in a disturbance or one that is disrespectful may be refused approval to visit an offender. If an offense is such that it is the warden or designee’s desire to remove the visitor from the visitor list (either indefinitely or for a fixed period of time), the following procedures must be followed.

i. The warden or designee must notify the visitor in writing that he has been removed from all applicable visiting lists, the reason why and that the removal will be reviewed after a specified amount of time. The visitor shall also be notified that he may appeal the warden's decision to the secretary by sending a letter within 15 days of the date of the notice.

ii. If the visitor exercises this appeal right, the secretary or designee will review the appeal and investigate, as appropriate, within 30 days of notice. If necessary, a hearing will be scheduled and the visitor will be notified of the time, date and location of the hearing.

iii. The warden or designee may submit a report to the secretary setting forth any information that he feels may assist in making the decision. If a hearing is held, the

secretary or designee may determine that the warden or designee should attend this hearing; in this case, the warden shall be so advised. Otherwise, the hearing shall consist of a meeting between the visitor and the secretary or designee and shall be preserved by minutes.

iv. The secretary shall render a written decision granting or denying the appeal and shall notify the visitor and the warden of the decision without undue delay. Brief reasons for the decision shall be given.

9. Treatment of Visitors

a. There shall be no discrimination in visiting. All visitors and offenders shall be provided equal opportunities in visiting in accordance with the offender's security classification and housing assignment.

b. Visitors shall be treated with courtesy at all times and shall not be subjected to unnecessary delay or inconvenience in accomplishing a visit.

c. Without warning, visitors are subject to a search of their vehicles, possessions and persons. This is necessary to preclude the introduction of weapons, ammunition, explosives, cell phones, alcohol, escape devices, drugs, drug paraphernalia or other forbidden items or contraband into the prison environment. All searches of visitors will be conducted in accordance with established rules and regulations.

d. All visitors with disabilities will have readily accessible facilities and will be reasonably accommodated as appropriate and to the extent possible within the context of the department's fundamental mission to preserve the safety of the public, staff and offenders. Advance notice of the accommodation requested will be necessary to ensure its availability at the time of the visit.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:833(A).

HISTORICAL NOTE: Promulgated by the Department of Corrections, Office of Adult Services, LR 5:2 (January 1979), amended LR 11:1096 (November 1985), repromulgated LR 29:2851 (December 2003), amended by the Department of Public Safety and Corrections, Corrections Services, LR 32:406 (March 2006), LR 35:

Family Impact Statement

Amendment to the current Rule has no known impact on family formation, stability or autonomy, as described in R.S. 49:972.

Written comments may be addressed to Melissa Callahan, Deputy Assistant Secretary, Department of Public Safety and Corrections, P.O. Box 94304, Baton Rouge, LA 70804 until 4:30 p.m. on May 11, 2009.
James M. Le Blanc

Secretary

This is a technical adjustment to an existing regulation. There will be no fiscal impact with repealing and implementing the new regulation.

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 since this is a technical adjustment.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There is no estimated cost or economic benefit to directly affected persons or non-governmental groups.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated effect on competition and employment with this rule.

Accounting Regulations

The Louisiana Gaming Control Board hereby gives notice that it intends to amend LAC 42:VII.2723; IX.2723; and XIII.2723.