Part XLV. Medical Profession

A. As used in this Chapter, the following words and terms shall have the meanings specified.

* * *

Discussion―a communication between a physician and a medical psychologist conducted in person, by telephone, in writing or by some other appropriate means.

* * *

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 35:

A. - A.9.b. ...

B. Physicians and MPs providing coverage call for a colleague, those providing rotating coverage for a patient in the same clinical setting, and those consulted by a physician or MP with respect to a given patient, are exempt from the limitations provided in Paragraphs A.2, 4 and 5 of this Section.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(A)(1), 1270(B)(6) and 37:2371-2378.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 35:

§7209. Authority, Responsibility and Limitations

A. Consultation and Collaboration. Consultation and collaboration shall include discussion of any item the physician considers relevant to the coordination of the patient's medical care or evaluation of the psychopharmacologic management planned by the MP. The physician's consultation shall be documented in the patient's medical record and include, at a minimum:

1. ...

2. Patient Identity, Date and Parties. The patient's name, current addresses and telephone number; the date of the consult; and the MP's name and telephone number shall be clearly identified. If the physician is unfamiliar with the MP, the physician shall also verify that the MP holds a current certificate of prescriptive authority;

4. Psychological Evaluation and Diagnosis. If known, the MP's psychological evaluation of the patient, including any relevant psychological history, laboratory or diagnostic studies; the MP's psychological diagnosis; and any other information the physician may deem necessary for the coordination of medical care of the patient;

5. ...

6. Treatment Plan. The MPs treatment and/or management plan for the patient;

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(A)(1), 1270(B)(6) and 37:2371-2378.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 35:

§7211. Withdrawal or Termination of Concurrence

A. A physician shall notify an MP and his patient in a timely manner that he or she has withdrawn or terminated concurrence if:

1. ...

2. the physician receives information indicating that the patient is non-compliant with the treatment prescribed and questions relating to such non compliance cannot be addressed satisfactorily upon further consultation with the MP;

5. the physician becomes aware of information that would prohibit consultation and collaboration under Section 7207 of this Chapter;

6. the physician is advised of the patient's election to withdraw from psychopharmacologic management by an MP, or to withdraw his or her authority for the physician or the MP to consult and collaborate;

7. the physician retires or withdraws from clinical practice in this state or relocates his or her practice to a location that would render continuing care of the patient impractical; or

8. the physician's license is suspended, revoked or restricted in a manner that would prohibit consulting and collaborating with an MP.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(A)(1), 1270(B)(6) and 37:2371-2378.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 35:

§7213. Informed Consent

A. A physician shall not consult and collaborate with an MP without the patient's written authorization as set forth in Subparagraph 7209.A.1.

B. - B.4. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(A)(1), 1270(B)(6) and 37:2371-2378.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 35:

As such changes may be considered substantive by parties affected by the proposed Rules, notice is hereby given in accordance with the Administrative Procedure Act, specifically R.S. 49:968H(2), that a public hearing on the substantive changes will be held by the Board on Monday, June 15, 2009, at 4 p.m. at the offices of the Louisiana State Board of Medical Examiners, 630 Camp Street, New Orleans, LA 70130. All interested persons are invited to attend and present data, views, comments or arguments orally. All interested persons are invited to submit written comments concerning the proposed substantive changes to Rita Arceneaux, Confidential Executive Assistant, Louisiana State Board of Medical Examiners, P.O. Box 30250, New Orleans, LA, 70190-0250 (630 Camp Street, New Orleans, LA 70130), (504) 568-6820, Ex. 242. She is responsible for responding to inquiries. Written comments will be accepted until 4 p.m., May 21, 2009.

Executive Director

0904#060
POTPOURRI__Department_of_Natural_Resources__Office_of_Conservation'>POTPOURRI

Department of Natural Resources

Office of Conservation

Orphaned Oilfield Sites

James H. Welsh

Commissioner

0904#061
POTPOURRI__Department_of_Revenue__Policy_Services_Division'>POTPOURRI

Loran Coordinates

In accordance with the provisions of R.S. 56:700.1 et seq., notice is given that 4 claims in the amount of $13,757.70 were received for payment during the period March 1, 2009-March 31, 2009.

There were 4 claims paid and 0 claims denied.

Latitude/Longitude Coordinates of reported underwater obstructions are:

A list of claimants and amounts paid can be obtained from Gwendolyn Thomas, Administrator, Fishermen's Gear Compensation Fund, P.O. Box 44277, Baton Rouge, LA 70804 or you can call (225)342-0122.

Secretary

0904#079
POTPOURRI

Department of Revenue

Policy Services Division

Natural Gas Severance Tax Rate

The natural gas severance tax rate effective July 1, 2009, through June 30, 2010, has been set at 33.1 cents per thousand cubic feet (MCF) measured at a base pressure of 15.025 pounds per square inch absolute and at the temperature base of 60 degrees Fahrenheit.

This tax rate is set each year by multiplying the natural gas severance tax base rate of 7 cents per MCF by the "gas base rate adjustment" determined by the Secretary of the Department of Natural Resources in accordance with R.S. 47:633(9)(d)(i). The "gas base rate adjustment" is a fraction, of which the numerator is the average of the New York Mercantile Exchange (NYMEX) Henry Hub settled price on

the last trading day for the month, as reported in the Wall Street Journal for the previous 12-month period ending on March 31, and the denominator is the average of the monthly average spot market prices of gas fuels delivered into the pipelines in Louisiana as reported by the Natural Gas Clearing House for the 12-month period ending March 31, 1990 (1.7446 $/MMBTU).

Based on this computation, the Secretary of the Department of Natural Resources has determined the natural gas severance "gas base rate adjustment" for April 1, 2008, through March 31, 2009, to be 472.82 percent. Applying this gas base rate adjustment to the base tax rate of 7 cents per MCF produces a tax rate of 33.1 cents per MCF effective July 1, 2009, through June 30, 2010. The reduced natural gas severance tax rates provided for in R.S. 47:633(9)(b) and (c) remain the same.

The "gas base rate adjustment" and the "gas tax rate" are being published as required by R.S. 47:633(9)(d)(i). Questions concerning the natural gas severance tax rate should be directed to the Taxpayer Services Division, Severance Tax Section at 225-219-7656, Option 3.
Cynthia Bridges

Secretary

0904#019
POTPOURRI

Department of Social Services

Office of Community Services

Social Services Block Grant—Intended Use Report

The Department of Social Services (DSS) announces opportunities for public review of the state's pre-expenditure report on intended uses of Social Services Block Grant (SSBG) funds for the state fiscal year (SFY) beginning July 1, 2009, and ending June 30, 2010. The proposed SFY 2009-2010 SSBG Intended Use Report has been developed in compliance with the requirements of Section 2004 of the Social Security Act (SSA), as amended and includes information on the types of activities to be supported and the categories or characteristics of individuals to be served through use of the state's allocation of SSBG funds. Section 2004 of the SSA further requires that the SSBG pre-expenditure report shall be "made public within the state in such manner as to facilitate comment by any person." The DSS as the designated state services agency will continue to administer programs funded under the SSBG in accordance with applicable statutory requirements and federal regulations. The DSS/Office of Community Services (OCS) will be responsible for provision of social services, by direct delivery and vendor purchase, through use of SFY 2009-2010 SSBG expenditures for adoption, child protection, daycare for children, family services, and foster care/residential habilitation services.

Additionally, and, separate and apart from the traditional SSBG funding priorities, the Intended Use Report describes the uses of Supplemental Appropriations for hurricane and disaster relief. These are federal funds from the Department of Defense Act (HR 2863 and HR 2638) for states most severely affected and for expenses related to the consequences of hurricanes in the calendar years 2005 and 2008. The use of these supplemental funds has previously been addressed in separate public hearings with funding allocated to the sources named in this document.

For non-supplemental funds, Louisiana, through DSS/OCS, will utilize its allotted funds to provide comprehensive social services on behalf of children and families in fulfillment of legislative mandates for child protection and child welfare programs. These mandated services, and certain other essential social services, are provided without regard to income (WRI) to individuals in need. Individuals to be served also include low-income persons as defined in the Intended Use Report who meet eligibility criteria for services provided through SSBG funding.

Services designated for provision through SSBG non-supplemental funding for SFY 2009-2010 are:

A. Adoption (pre-placement to termination of parental rights)

B. Child Protection (investigation of child abuse/neglect reports, assessment, evaluation, social work intervention, shelter care, counseling, referrals)

C. Daycare for Children (direct care for portion of the 24-hour day as follow-up to investigations of child abuse/neglect)

D. Family Services (social work intervention subsequent to validation of a report of child abuse/neglect, counseling to high risk groups)

E. Foster Care/Residential Habilitation Services (foster, residential care, and treatment on a 24-hour basis)

Definitions for the proposed services are set forth in the Intended Use Report.

Persons eligible for non-supplemental SSBG funded services include:

A. Persons WRI, who are in need of adoption services, child protection, family services, and foster care/residential habilitation services.

B. Individuals WRI who are recipients of Title IV-E adoption assistance.

C. Recipients of Supplemental Security Income and Recipients of Temporary Assistance for Needy Families (TANF) and those persons whose needs were taken into account in determining the needs of TANF recipients.

D. Low-income persons (income eligible) whose gross monthly income is not more than 125 percent of the poverty level. A family of four with gross monthly income of not more than $2297 would qualify as income eligible for services.

E. Persons receiving Title XIX (Medicaid) benefits and certain Medicaid applicants identified in the proposed plan as group eligibles.

Post expenditure reports for the SSBG program for SFY 2005-2006 and SFY 2006-2007 are included in the previous year's SSBG Final Intended Use Report for SFY 2008-2009. The report is available for public review on line at: www.dss.state.la.us Free copies are available by telephone request to (225) 342-3910 or by writing to the Assistant Secretary, Attention: Planning and Accreditation Section, P.O. Box 3318, Baton Rouge, LA 70821.

Interested persons will have the opportunity to provide recommendations on the proposed SFY 2009-2010 SSBG Intended Use Report, at a public hearing scheduled for

Secretary

0904#065

2009

Pages Issue

1-183 January

184-384 February

385-609 March

610-836 April
EO―Executive Order

PPM―Policy and Procedure Memoranda

ER―Emergency Rule

R―Rule

N―Notice of Intent

CR―Committee Report

GR―Governor's Report

L―Legislation

P―Potpourri



ADMINISTRATIVE CODE UPDATE

Cumulative

January 2008—December 2008, 175

January 2009—March 2009, 825

AGRICULTURE AND FORESTRY

Agriculture and Environmental Services, Office of

Annual Quarantine Listing for 2009, 836P

Pesticides-Examinations, Restriction, Water and

Fish Tissue Sampling, 626R

Agro-Consumer Services, Office of

Agriculture Commodities Commission

Grain and Cotton Indemnity Fund, 629R

Animal Health, Board of

Equine infectious anemia testing, 406R

Trichomoniasis, 613ER, 712N

Crawfish Promotion and Research Board

Crawfish Promotion and Research Program, 406R

Commissioner, Office of

Agritourism, 204R

Market Bulletin Subscriber Fee, 632R

Horticulture Commission

Landscape architect registration exam, 378P

Retail Floristry Examination, 378P

Structural Pest Control Commission

Administration, 205R

Applications, 205R

Definitions, 715N

Examinations, 205R

Fees, 715N

Pesticide, 615ER

Termite treatment, 715N

CIVIL SERVICE

Board of Ethics

Financial disclosure, 718N

Records, 407R, 505N

Reports, 407R, 505N

ECONOMIC DEVELOPMENT

Boxing and Wrestling Commission

Boxing and wrestling standards, 53R

Business Development, Office of

Economic Development Award Program (EDAP), 9ER, 272N

Economic Development Loan Program (EDLOP), 9ER, 272

Entertainment Industries Development

Entertainment Industry Tax Credit Programs

Digital media, 95N

Musical and Theatrical Production Income Tax Credit Program, 727N

Regional Awards and Matching Grant Awards Program, 635R

Workforce Development and Training Program, 21ER, 289N

Economic Development Corporation

Economic Development Award Program (EDAP), 9ER, 272N

Economic Development Loan Program (EDLOP), 9ER, 272N

Workforce Development and Training Program, 21ER, 289N

Workforce Training Award Program, 54R

Secretary, Office of

Governor's Economic Development Rapid Response Program, 5ER, 285 N

Regional Awards and Matching Grant Awards Program, 635R

EDUCATION

Elementary and Secondary Education, Board of

Board tenure hearings, 732N

Bulletin 104—Louisiana Pre K-12 Educational Technology Standards, 98N

Bulletin 111—The Louisiana School, District, and

State Accountability System, 638R

Academic Assistance Waivers and LAA1 Results, 641R

Graduation index,

Pre-GED, 733N

Bulletin 118—Statewide Assessment Standards and Practices, 57R

End-of-course tests, 214R

Erasure analysis, 443R

LEAP alternate assessment, 208R

Testing, 216R

Bulletin 124―Supplemental Educational Services SES Provider Responsibilities, 294N

Bulletin 741—Louisiana Handbook for School Administrators

Carnegie credit for middle school students, 443R

Compulsory attendance, 295N

EDUCATION (continued)

Criminal background checks, 735N

Educational governing authorities, 737N

General career education, 524N

Guidelines for expulsions, 296N

High school graduation requirements, 526N

Other reports, 297N

Placement of students, 297N

Science education, 740N

Staff development, 738N

Staff misconduct, 298N, 443R

Student development, 738N

Teacher bill of rights, 300N

Written policies and procedures, 301N

Bulletin 746—Louisiana Standards for State Certification of School Personnel

Alternate teacher preparation, 741N

Certification-Only Program, 747N

Foreign Language Special Certificate, 642R

Highly Qualified Policy for Teachers, 643R

Introduction, 527N

Math for professionals, 220R

Mild/moderate, 221R, 750N

Orientation and mobility, 101N

Out-of-field authorization to teach, 753N

Out-of-state certificate, 101N

Practitioner licenses, 221R

PRAXIS I Scores, 644R

Professional level certificates, 222R

State as a provider, 222R

Teacher leader endorsement, 528N

Turnaround Specialist Endorsement, 645R

Bulletin 1179—Driver Education, Traffic Safety, and Administrative Guide for Louisiana Schools, 754N

Bulletin 1213—Minimum Standards for School Buses, 646R

Bulletin 1508—Pupil Appraisal Handbook, 102N

Bulletin 1706—Regulations for Implementation of the Children with Exceptionalities Act

Admission/release, 385ER, 529N

Bulletin 1794—State Textbook Adoption Policy and

Procedure Manual, 646R

Criminal background checks, 443R

Nonpublic Bulletin 741— Louisiana Handbook for Nonpublic School Administrators

Immunization, 530N

Standing executive committees, 223R

Directory: osr -> reg
reg -> Contents september 2009 I. Executive order
reg -> Contents october 2013 I. Executive orders
osr -> Table of Contents Title 7 agriculture and animals
osr -> Table of Contents Title 46 Professional and Occupational Standards
osr -> Table of Contents Title 46 Professional and Occupational Standards
osr -> Part I. Wildlife and Fisheries Commission and Agencies Thereunder 1
osr -> Chapter Purpose 2 §101. Introduction 2
osr -> Part V. Automotive Industry 1 Subpart Motor Vehicle Commission 1
reg -> Contents december 2010 I. Emergency rules

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