Contents september 2009 I. Executive order



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CONTENTS September 2009
I. EXECUTIVE ORDER

BJ 09-13 Louisiana Shrimp Task Force 1836

BJ 09-14 Louisiana Complete Count Committee 1837
II. EMERGENCY RULES

Economic Development

Office of the SecretaryAngel Investor Tax Credit (LAC 13:I.3307) 1838

Governor

Division of Administration―Racing Commission―Jockey Fee Schedule (LAC 46:XLI.725) 1839

State Military Department―National Guard Death and Disability Benefits (LAC 41:I.Chapter 3) 1839

Health and Hospitals

Bureau of Health Services Financing―Facility Need Review Exception Criteria for Bed Approval

(LAC 48:I.12513, 12527, 12533 and 12541) 1844

Home and Community-Based Services Waivers―Children’s Choice—Service Changes

(LAC 50:XXI.11303 and 12101) 1846

Home and Community-Based Services Waivers―Elderly and Disabled Adults

(LAC 50:XXI.8101, 8105, 8107, 8301, 8303, and 8701) 1847

Home and Community-Based Services Waivers―New Opportunities Waiver―Reimbursement Rate

Reduction (LAC 50:XXI.14301) 1850

Home and Community-Based Services Waivers―New Opportunities Waiver—Resource Allocation

Model (LAC 50:XXI.13704) 1851

Home Health Program―Durable Medical Equipment―Reimbursement Reduction (LAC 50:XIII.103) 1853

Inpatient Hospital ServicesNon-Rural, Non-State HospitalsChildren's Specialty Hospitals

(LAC 50:V.909 and 967) 1854

Intermediate Care Facilities for Persons with Developmental DisabilitiesReimbursement Rate Increase

(LAC 50:VII.32903) 1855

Medical Transportation Program―Emergency Ambulance Services―Reimbursement Rate Reduction

(LAC 50:XXVII.325 and 353) 1856

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

(LAC 50:V.5109, 5317, 5517, 5719, 5917 and 6119) 1857

Personal Care Services—Long Term (LAC 50:XV.12901, 12909, and 12915) 1858

Office for Citizens with Developmental Disabilties― Home and Community-Based Services Waivers

Children’s Choice—Service Changes (LAC 50:XXI.11303 and 12101) 1846

Home and Community-Based Services Waivers―New Opportunities Waiver―Reimbursement Rate

Reduction (LAC 50:XXI.14301) 1850

Home and Community-Based Services Waivers―New Opportunities Waiver—Resource Allocation

Model (LAC 50:XXI.13704) 1851

Office of Aging and Adult Services―Home and Community-Based Services Waivers―Elderly and

Disabled Adults (LAC 50:XXI.8101, 8105, 8107, 8301, 8303, and 8701) 1847

Personal Care Services—Long Term (LAC 50:XV.12901, 12909, and 12915) 1858

Public Safety and Corrections

Corrections Services―Louisiana Sex Offender Assessment Panels (LAC 22:I.109) 1860

Social Services

Office of Community Services―Residential Licensing—Disqualification (LAC 48: I Chapter 88 and

LAC 67:III.Chapter 73, and V.Chapters 61-19) 1863

Office of Family Support―Residential Licensing—Disqualification (LAC 48: I Chapter 88 and

LAC 67:III.Chapter 73, and V.Chapters 61-19) 1863

Wildlife and Fisheries

Wildlife and Fisheries Commission―2009-1010 Waterfowl Seasons 1869

Commercial King Mackerel Closure 1870
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III. RULES

Agriculture and Forestry

Structural Pest Control Commission―Definitions, Fees, Minimum Termite Treatment Specifications and

Treatments for Wood Destroying Beetles (LAC 7:XXV.101,117, 119, 141 and 145) 1872

Education

Board of Elementary and Secondary Education―BESE Organization (LAC 28:I.501, 503, and 703) 1874

Bulletin 741—Louisiana Handbook for School Administrators—Curriculum and Instruction

(LAC 28:CXV.2373, 2381, and 2382) 1875

Bulletin 741—Louisiana Handbook for School Administrators—General Powers of Local Educational

Governing Authorities (LAC 28:CXV.303) 1876

Bulletin 741—Louisiana Handbook for School Administrators—High School Graduation Requirements



(LAC 28:CXV.2319) 1876

Bulletin 741—Louisiana Handbook for School Administrators—Requirements for Teachers

(LAC 28:CXV.3103) 1877

Bulletin 1794—State Textbook Adoption Policy and Procedure Manual—Waivers (LAC 28:XXXIII.513) 1878

Environmental Quality

Office of the Secretary, Legal Affairs Division―Miscellaneous Corrections (LAC 33:V.105, 321, 1513,

1529, 3005, and 3105; VII.715 and 1101; IX.5903; and XI.1121)(MM010) 1878

Governor

Board of Examiners of Certified Shorthand Reporters―Continuing Education (LAC 46:XXI.603 and 607) 1881

Board of River Port Pilot Commissioners―River Port Pilots (LAC 46:LXX.Chapters 31-36) 1882

Health and Hospitals

Board of Medical Examiners―Athletic Trainers—Certification (LAC 46:XLV.Chapter 31) 1886

Board of Nursing―Criminal History Record Information (LAC 46:XLVII.3330) 1888

Bureau of Health Services Financing―Ambulatory Surgical Centers—Reimbursement Rate Reduction

(LAC 50:XI.Chapter 75) 1888

Early and Periodic Screening, Diagnosis and Treatment―Dental Program―Reimbursement Rate

Increase (LAC 50:XV.6903 and 6905) 1889

End Stage Renal Disease Facilities―Reimbursement Rate Reduction

(LAC 50:XI.6901 and 6903) 1890

Estate Recovery—Long-Term Care Insurance Resource Disregard (LAC 50:I.8103) 1891

Home and Community-Based Services Waivers―Children’s Choice Money Follows the Person

Rebalancing Demonstration (LAC 50:XXI.Chapter 111) 1891

Home and Community-Based Services Waivers—Elderly and Disabled Adults—Reimbursement

Rate Reduction (LAC 50:XXI.9101) 1893

Home and Community-Based Services Waivers―New Opportunities Waiver—Reimbursement

Rate Reduction (LAC 50:XXI.14301) 1893

Home Health Program—Durable Medical Equipment—Reimbursement Reduction (LAC 50:XIII.103) 1894

HospicePayment for Long Term Care Residents―Reimbursement Rate Reduction (LAC 50:XV.4307) 1894

Hospital ServicesInpatient Hospitals―Reimbursement Rate Reduction (LAC 50:V.953, 955 and 959) 1895

Inpatient Hospital Services—Non-Rural, Non-State Hospitals—Reimbursement Rate Adjustment

(LAC 50:V.953, 955, and 959) 1896

Intermediate Care Facilities for Persons with Developmental Disabilities—Leave of Absence Days

Reimbursement Rate Reduction (LAC 50:VII.32913) 1897

Laboratory and Radiology―Reimbursement Rate Reduction (LAC 50:XIX.4329 and 4334-4337) 1897

Medicaid Eligibility―Home and Community-Based Services―Income Disregard (LAC 50:III.10305) 1898

Medicaid Eligibility—Long-Term Care Insurance―Resource Disregard (LAC 50:III.10705) 1899

Mental Health Rehabilitation―Program Reimbursement Rate Reduction (LAC 50:XV.901) 1899

Nursing Facilities—Leave of Absence Days―Reimbursement Reduction (LAC 50:VII.1321) 1899

Outpatient Hospital Services―Non-Rural, Non-State Hospitals―Reimbursement Rate Reduction

(LAC:V.5313, 5513, 5713, 5913 and 6115) 1900

Personal Care ServicesLong Term―Reimbursement Rate Reduction (LAC 50:XV.12917) 1901

Pharmacy ProgramPrescription Limit Reduction (LAC 50:XXIX.113) 1901

Pregnant Women Extended Services―Dental Services―Reimbursement Rate Increase

(LAC 50:XV.16105 and 16107) 1902

Professional Services ProgramAnesthesia Services―Reimbursement Rate Reduction

(LAC 50:IX.15111) 1902

Prosthetics and Orthotics—Reimbursement Rate Reduction (LAC 50:XVII.501) 1903

Targeted Case Management—Reimbursement Rate Reduction (LAC 50:XV.10701) 1903

Office of Aging and Adult Services―Estate Recovery—Long-Term Care Insurance Resource Disregard

(LAC 50:I.8103) 1891

Home and Community-Based Services Waivers—Elderly and Disabled Adults—Reimbursement Rate

Reduction (LAC 50:XXI.9101) 1893

Medicaid Eligibility—Long-Term Care Insurance―Resource Disregard (LAC 50:III.10705) 1899

Personal Care ServicesLong Term―Reimbursement Rate Reduction (LAC 50:XV.12917) 1901

Office for Citizens with Developmental Disabilities―Home and Community-Based Services Waivers

Children’s Choice Money Follows the Person―Rebalancing Demonstration

(LAC 50:XXI.Chapter 111) 1891

Home and Community-Based Services WaiversNew Opportunities Waiver—Reimbursement Rate

Reduction (LAC 50:XXI.14301) 1893

Public Safety and Corrections

State Uniform Construction Code Council―State Uniform Construction Code—International Mechanical

Code (LAC 55:VI.301) 1904

Transportation and Development

Professional Engineering and Land Surveying Board―Committees, Examination, Licensure, Seal,

and Signature (LAC 46:LXI.105, 707, 909, 1301, 1315, and 2701) 1908

Wildlife and Fisheries

Wildlife and Fisheries Commission―Deer Management Assistance Program (LAC 76:V.111) 1910

Special Residential Facility Fishing Permit (LAC 76:I.337) 1912
IV. NOTICES OF INTENT

Agriculture and Forestry

Board of Animal Health―Chronic Wasting Disease in Deer (LAC 7:XXI.1515 and 2103) 1913

Office of the Commissioner―Family Farm Credit (LAC 7:III.301-337) 1914

Economic Development

Office of Business Development―Regional Awards and Matching Grant Awards Program (LAC 13:III.1709) 1917

Research and Development Tax Credits (LAC 13:I.2901, 2904, 2905, 2907 and 2509) 1918

Small and Emerging Business Development Program (LAC 19:II.105, 107, 507 and 903) 1919

Office of Business Development, Office of Entertainment Industry Development―Motion Picture

Infrastructure Tax Credit Program (LAC 61:I.1601-1613) 1921

Office of the Secretary―Regional Awards and Matching Grant Awards Program (LAC 13:III.1709) 1917

Education

Board of Elementary and Secondary Education―Public Comments (LAC 28:I.713) 1928

Student Financial Assistance Commission―Office of Student Financial Assistance―Scholarship/Grant

Programs (LAC 28:IV.301, 507, and 703) 1929

START Saving Program—Educational Savings Account (LAC 28:VI.301) 1931

Environmental Quality

Office of the Secretary, Legal Affairs Division―Integration of MACT Standards (LAC 33:V.3105)(HW105ft) 1932

Training Requirements for Underground Storage Tank System Operators (LAC 33:XI.601, 603, 605,

607, 609, and 611)(UT017) 1933

Governor

Commission on Law Enforcement and Administration of Criminal Justice―Peace Officer Training

(LAC 22:III.4701) 1936

Division of Administration―Motion Picture Infrastructure Tax Credit Program (LAC 61:I.1601-1613) 1921

Health and Hospitals

Board of Dentistry―General Provisions (LAC 46:XXXIII.116, 312, 313, 314, 701, and 1713) 1937

Board of Practical Nurse Examiners―Adjudication (LAC 46:XLVII.306) 1941

Bureau of Health Services Financing―Facility Need Review—Adult Day Health Care Providers

(LAC 48:I.12501, 12503, 12505 and 12525) 1942

Mental Health Rehabilitation Program—Parent/Family Intervention (Intensive) Services

(LAC 50:XV.335) 1944

Multi-Systemic Therapy—Provider Responsibilities and Sanctions (LAC 50:XV.25505,

25901, and 25903) 1945

Pediatric Day Health Care Facilities―Minimum Licensing Standards (LAC 48:I.Chapter 52) 1947

Office of Aging and Adult Services, Division of Adult Protective Services―Adult Protective Services

(LAC 48:XIII.17101-17125) 1969

Insurance

Office of the Commissioner―Regulation 28—Variable Contract Regulation (LAC 37:XIII.Chapter 77) 1974

Regulation 81—Military Personnel—Automobile Liability Insurance Premium Discount and

Insurer Premium Tax Credit Program (LAC 37:XIII.9519) 1976

Regulation 82―Insure Louisiana Incentive Program (LAC 37:XIII.Chapter 123) 1978

Louisiana State University System

Louisiana State University Health Sciences Center, Louisiana Tumor Registry―Tumor Registry

(LAC 48:V.Chapter 85) 1984

Natural Resources

Office of Conservation―Ground Water Management (LAC 43:VI. 103 and 307) 1989

Hazardous Liquids Pipeline Safety (LAC 33:V.Chapters 301-313) 1990

Natural Gas Pipeline Safety (LAC 43:XIII. Chapters 1-65) 2000

Public Safety and Corrections

Board of Private Security Examiners―Administrative Penalties (LAC 46:LVII.903) 2014

Company Licensure (LAC 46:LVII.201) 2016

Security Officer Registration (LAC 46:LVII.301) 2017

Office of State Police, Bureau of Criminal Identification and Information―Right to Review Procedures

(LAC 55:I.401) 2018

State Uniform Construction Code Council―Uniform Construction Code (LAC 55:VI.505, 701,703, 705,

707 and 905) 2019

Revenue

Policy Services Division―Individual Income Tax Tables (LAC 61:I.1310) 2022

Social Services

Office of Community Services―Residential Licensing (LAC 67:V.Chapters 61-71) 2041

Office of Family Support―LA 4 Public Pre-Kindergarten Program (LAC 67:III.5585) 2090

Transportation and Development

Office of Highways/Engineering―Design Guidelines for Political Subdivisions (LAC 70:I.Chapter 13) 2091

Professional Engineering and Land Surveying Board―Supervising Professional, Professional Conduct

and Continuing Professional Development (CPD) (LAC 46:LXI.2305, 2505 and 3117) 2101

Wildlife and Fisheries

Wildlife and Fisheries Commission―Nuisance Wildlife Control Operator Program (LAC 76:V.127) 2102

Removal of Abandoned Crab Traps (LAC 76:VII.367) 2104

Special Bait Dealer's Permit (LAC 76:VII.329) 2105
V. POTPOURRI

Agriculture and Forestry

Horticulture Commission―Landscape Architect Registration Form 2108

Environmental Quality

Office of the Secretary, Legal Affairs Division―Solicitation of Comments on the Development of

Antidegradation Implementation Procedures 2108

Governor

Division of Administration, Office of Information Technology―OIT Bulletins Published 2108

Health and Hospitals

Emergency Response Network Board―Interregional Transfer Protocol 2109

Office of Public Health―Notice of Public Health Preventive Health and Health Services Block Grant 2110

Natural Resources

Office of Conservation―Orphaned Oilfield Sites 2110

Office of the Secretary, Fishermen's Gear Compensation Fund―Loran Coordinates 2111

Public Safety and Corrections

Oil Spill Coordinator's Office―Duck Lake Oil and Gas Field Crude Oil Discharge

Final Settlement Agreement 2112

East Lake Palourde Crude Oil Discharges―Reported on June 11, 2002 2112

Revenue

Policy Services Division―Meeting of Act 442 Collaborative Working Group 2113

Workforce Commission

Office of Workers' Compensation Administration―Average Weekly Wage Rate 2113

Weekly Compensation Benefits Limits 2114
VI. INDEX 2115



Executive Orders



EXECUTIVE ORDER BJ 09-13

Louisiana Shrimp Task Force

WHEREAS, the Louisiana shrimp industry has a long, significant cultural importance to the State of Louisiana, and is of great economic impact because of the many jobs the industry provides;

WHEREAS, currently, global markets are experiencing an economic slowdown that, among other things, has led to extremely low prices that have affected all Louisiana shrimpers and the shrimp industry;

WHEREAS, in addition, in the last decade the number of commercial shrimpers in the state has decreased considerably, requiring the state to act and address the vulnerability of the industry;

WHEREAS, there should be an examination into how the industry functions, and to identify areas of concern which need to be addressed, including the potential violations of trade practices by foreign countries and the health and safety concerns of foreign produced shrimp; plans or policies should then be developed that will confront these issues; and

WHEREAS, all executive branch agencies and any political subdivisions therein should find ways in which they can increase the amount of Louisiana shrimp that they procure for any program they control which provides meals or food; parameters exist, namely Executive Order BJ 08-67 as well as R.S. 39:1595 and R.S. 38:2251, which can guide and encourage these agencies on the legality and procedures for procuring Louisiana shrimp;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: The Louisiana Shrimp Task Force (hereinafter Task Force) is established, shall be placed within the Department of Wildlife and Fisheries and shall be chaired by the Secretary of that Department.

SECTION 2:

A. The Task Force membership shall consist of the following:

1. The Governor, or his designee;

2. The Secretary of the Department of Wildlife and Fisheries, or his designee;

3. The Commissioner of the Department of Agriculture and Forestry, or his designee;

4. The Attorney General, or his designee;

5. The Secretary of the Department of Health and Hospitals, or his designee;

6. The Executive Director of the Louisiana Recovery Authority, or his designee;

7. The Secretary of the Department of Louisiana Economic Development, or his designee; and

8. The Executive Director of the Louisiana Workforce Commission, or his designee.

B. The Governor may designate additional persons as ex-officio members as he deems necessary and prudent, especially persons representing the shrimp industry.

SECTION 3: The Task Force may interface with industry organizations and other relevant parties, as well as receive data and information and review presentations from industry experts, on items which may have a significant impact on the Louisiana shrimp industry.

SECTION 4: Task Force members shall not receive additional compensation or a per diem for their service, except for reimbursement for travel expenses, in accordance with PPM 49, from their employing and/or elected department, agency and/or office.

SECTION 5: Support staff, facilities and resources for the Task Force shall be provided by the Department of Wildlife and Fisheries.

SECTION 6:

A. The Task Force shall examine the Louisiana shrimp industry as a whole, identify areas of concern or problems endemic to the industry, and develop plans or propose policies which can improve the economic sustainability of the industry.

B. Issues the Task Force should examine, but which the Task Force is not limited to, are: the effect of the current global economic slowdown on local markets; the impact of foreign produced shrimp on domestic markets, and ways to improve demand for domestic produced shrimp; the health and safety concerns of foreign produced shrimp; and the various possibilities to increase the marketing and promotion of Louisiana shrimp.

SECTION 7: As a start, all departments, agencies, boards, commissions and budget units of the executive branch of state government shall pursue all opportunities available that are reasonable and economically prudent which will allow them to increase the amount of Louisiana shrimp they procure for meals or food provided by them.

SECTION 8: All departments, commissions, boards, offices, entities, agencies and officers of the State of Louisiana, or any political subdivision thereof, are authorized and directed to assist and cooperate with implementing the provisions of this Order.

SECTION 9: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 31st day of August, 2009.


Bobby Jindal

Governor

ATTEST BY

THE GOVERNOR

Jay Dardenne

Secretary of State

0909#106


EXECUTIVE ORDER BJ 09-14

Louisiana Complete Count Committee

WHEREAS, the 2010 decennial census, to be conducted in April 2010, will be the official count of Louisiana’s population and will be used for purposes such as determining the number of United States Representatives Louisiana will be apportioned for the next ten years and for redistricting Louisiana’s state and local legislative bodies as well as other public entities;

WHEREAS, more importantly, Louisiana’s population count will be the deciding factor in the amount of federal funding that will be allocated to the state over the next decade. There will be over $300 billion in federal funding distributed among the states in 2010, which will be used to pay for services such as transportation, health care, education and public safety;

WHEREAS, the significant need for an accurate census count in 2010 is compounded by the historical fact that Louisiana has had one of the lowest response rates to the census questionnaire, as well as the dislocation of Louisianans due to past hurricanes and the varying growth rates among the municipalities in the state;

WHEREAS, based on the United States Census Bureau’s recommendation and the above information, it is therefore crucial that Louisiana implement a Complete Count Committee and utilize all possible opportunities to maximize the correct count of its population so that the state may have the highest possible number of United States Representatives as well as the largest share of federal funding it can receive in the future; and

WHEREAS, the Louisiana Complete Count Committee will accomplish this by increasing awareness of the importance of and impact that the 2010 Census will have on Louisiana, and by informing Louisianans of the necessity of responding to the census questionnaire. The Committee will lead the way in promoting the census and getting individuals, communities, businesses and local governmental entities involved in making sure that Louisiana maximizes its population count;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: The Louisiana Complete Count Committee shall be formed by the Secretary of State, consistent with the recommendations issued by the United States Census Bureau, and shall be housed within his offices. The Secretary of State shall have the power to appoint members to the Committee and to form subcommittees to efficiently and effectively carry out the functions of the Committee.

SECTION 2: Since the count of Louisiana’s population will impact the state’s legislative representation and share of federal dollars, the Committee will plan and implement outreach efforts to publicize the importance and effect the 2010 Census will have on Louisiana.

SECTION 3: The Committee shall develop an action plan to raise the public’s awareness of the census and the necessity of responding to the questionnaire. The Committee shall identify ways to reach out to local communities, create partnerships with local and state political subdivisions and private entities, and create a campaign to educate Louisianans on the 2010 Census.

SECTION 4: All departments, commissions, boards, offices, entities, agencies, and officers of the State of Louisiana, or any political subdivision thereof, are authorized and directed to assist and cooperate with the Committee in implementing the provisions of this Order.

SECTION 5: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 3rd day of September, 2009.


Bobby Jindal

Governor


ATTEST BY

THE GOVERNOR

Jay Dardenne

Secretary of State

0909#107



Emergency Rules



DECLARATION OF EMERGENCY

Department of Economic Development

Office of the Secretary

Angel Investor Tax Credit (LAC 13:I.3307)

The Department of Economic Development, Office of the Secretary, as authorized by and pursuant to the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and in accordance with R.S. 47:6020 and 36:104, hereby proposes to amend its existing Rules and Regulations relative to its Angel Investor Tax Credit Program, and to adopt the following amended Rules and Regulations relative to the Angel Investor Tax Credit Program.

Act 445 of the 2009 Regular Session provides that tax credit programs with a "cap" on the amount of tax credits allowed shall be administered on a first-come first-serve basis, unless otherwise provided for by statute, with an exception that when total tax credits requested on a single business day exceed tax credits available, tax credits shall be treated on a pro rata basis. The Angel Investor Tax Credit Program has a "cap" but no statutory provision for administration of tax credits; therefore, the default rule of first-come first-serve could apply. However, this contradicts current administration of the program and existing Rules and Regulations, which allow for proration of credits, if the "cap" is exceeded (for all requests regardless of date received.)

The Department of Economic Development has found an imminent need to address this inconsistency and to clarify its procedure for allocation of tax credits, which currently is to allow a prorate of credits, if the cap is exceeded. This is necessary to provide certainty and assurance to the investors. Without this Rule, the State of Louisiana may suffer the loss of business investment and economic development projects creating or retaining jobs that would improve the standard of living and enrich the quality of life for citizens of this state.

This Rule, adopted in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., shall become effective September, 20 2009, and shall remain in effect for the maximum period allowed under the Act.



Title 13

ECONOMIC DEVELOPMENT



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