Part XVIII. Jails, Prisons and Other Institutions of Detention and Incarceration

A. …

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(2) and R.S. 40:5.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 20:301 (March 1994), repromulgated LR 29:1099 (July 2003), amended LR 37:

Family Impact Statement

1. The effect on the stability of the family. This proposed Rule will enhance the stability of the family in helping to provide for early detection of tuberculosis, if the disease is found in a family member incarcerated or detained in a Louisiana jail or prison. Testing of the persons incarcerated or detained is done only if funds are available for this purpose, however.

2. The effect on the authority and rights of parents regarding the education and supervision of their children. This proposed Rule will enhance the effect of the authority and rights of parents regarding the education and supervision of their children in helping to provide for early detection of tuberculosis, if the disease is found in a family member incarcerated or detained in a Louisiana jail or prison. Testing of the persons incarcerated or detained is done only if funds are available for this purpose, however.

3. The effect on the functioning of the family. This proposed Rule will enhance the functioning of the family in helping to provide for early detection of tuberculosis, if the disease is found in a family member incarcerated or detained in a Louisiana jail or prison. Testing of the persons incarcerated or detained is done only if funds are available for this purpose, however.

4. The effect on the family earnings and family budget. This proposed Rule may save some families the cost of getting an unnecessary test for tuberculosis, because it eliminates the requirement of tuberculosis testing for employees or volunteers or patients at certain state licensed residential facilities.

5. The effect on the behavior and personal responsibility of children. This proposed Rule will have no effect on the behavior and personal responsibility of children.

6. The ability of the family or local government to perform the function as contained in the proposed rule. This proposed Rule will have no effect on the ability of the family or local government to perform the function as contained in the proposed Rule. Testing for tuberculosis on detained or incarcerated persons in any Louisiana jail or prison is dependent on the availability of funds for this purpose.

Public Comments

All interested persons are invited to submit written comments on the proposed Rule. Such comments must be received no later than Wednesday, January 5, 2010 at 4:30 p.m., and should be sent to Dr. Louis Trachtman, Medical Director, TB Control Section, DHH-OPH, P.O. Box 60630, New Orleans, LA 70160-0630 or to fax (504) 599-0734. Copies of this proposed Rule can be obtained from the above referenced address.

Secretary

The proposed rule amends Part XVIII Section 301 (Health Requirements for Incarceration) of the State Sanitary Code (LAC 51). This rule change in Section 301 adds the approved blood assay for Mycobacterium tuberculosis to the purified protein derivative skin test as an acceptable alternative screening test for tuberculosis among incarcerated persons in Louisiana jails or prisons.

This rule is compatible with the acceptance of the blood assay for Mycobacterium tuberculosis as an acceptable screening test for tuberculosis among incarcerated persons at hospitals and nursing homes in Louisiana, which was adopted as a Rule in Part II of the Sanitary Code in January 2007.

The cost of the alternative blood assay test is approximately the same cost for the traditionally used tuberculin skin test. No new cost is expected to the Department of Corrections as a result of this proposed rule. Therefore, the only cost associated with this rule change is the $328.00 to publish the notice of intent and the final rule in the Louisiana Register. This is a one-time cost that is included in the agency’s budget.

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

This rule change will have no effect on revenue collections or state or local governmental units because DHH/Office of Public Health’s laboratories do not offer testing to incarcerated persons of either state licensed hospitals or state licensed nursing homes.

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

This rule change will not result in any additional costs and/or economic benefits to directly affected persons or non-governmental groups. Tuberculosis testing has been required for the same groups of persons by DHH/OPH and the cost to those affected is approximately the same for the blood assay as for the traditionally used tuberculin skin test. This rule just provides an acceptable alternative to institutions required to perform tuberculosis testing.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There are no effects on competition and employment anticipated as a result of promulgation of this regulation.

Tuberculosis Control ProgramMandatory Testing

Notice is hereby given, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., the

Department of Health and Hospitals, Office of Public Health, pursuant to the authority in R.S. 40:5, and based on the amendment and reenactment of R.S. 40:1156, intends to amend Part II (Health Examinations of Employees, Volunteers and Patients at Certain Medical and Residential Facilities) of the Louisiana State Sanitary Code (LAC 51).

Title 51

PUBLIC HEALTH—SANITARY CODE

Part II. The Control of Diseases

Chapter 5. Health Examinations for Employees, Volunteers and Patients at Certain Medical Facilities

§503. Mandatory Tuberculosis Testing

A. [Formerly paragraph 2:022] All persons prior to or at the time of employment at any hospital or nursing home (as defined in Chapters XIX and XX, respectively, herein, and including intermediate care facilities for the developmentally disabled) requiring licensing by the Department of Health and Hospitals or at any Department of Health and Hospitals, Office of Public Health parish health unit or Department of Health and Hospitals, Office of Public Health out-patient health care facility or any person prior to or at the time of commencing volunteer work involving direct patient care at any hospital or nursing home (as defined in Chapters XIX and XX, respectively, herein, and including intermediate care facilities for the developmentally disabled) requiring licensing by the Department of Health and Hospitals or at any Department of Health and Hospitals, Office of Public Health parish health unit or Department of Health and Hospitals, Office of Public Health out-patient health care facility shall be free of tuberculosis in a communicable state as evidenced by either:

A.1. - D. …

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(2) and R.S. 40:5.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1220 (June 2002), amended LR 32:98 (January 2006), LR 33:93 (January 2007), LR 37:

Family Impact Statement

1. The effect on the stability of the family. This proposed Rule will no effect upon the stability of the family.

2. The effect on the authority and rights of parents regarding the education and supervision of their children. This proposed Rule will have no effect upon the authority of parents regarding the education and supervision of their children.

3. The effect on the functioning of the family. This proposed will have no effect on the functioning of the family.

4. The effect on the family earnings and family budget. This proposed Rule may save some families the cost of getting an unnecessary test for tuberculosis, because it eliminates the requirement of tuberculosis testing for employees or volunteers or patients at certain state licensed residential facilities.

5. The effect on the behavior and personal responsibility of children. This proposed Rule will have no effect on the behavior and personal responsibility of children.

6. The ability of the family or local government to perform the function as contained in the proposed Rule. This proposed Rule will have no effect on the ability of the family or local government to perform the function as contained in the proposed Rule.

Public Comments

All interested persons are invited to submit written comments on the proposed Rule. Such comments must be received no later than Wednesday, January 5, 2010 at 4:30 p.m., and should be sent to Dr. Louis Trachtman, Medical Director, TB Control Section, DHH-OPH, P.O. Box 60630, New Orleans, LA 70160-0630 or to fax (504) 599-0734. Copies of this proposed Rule can be obtained from the above referenced address.

Secretary

The proposed rule amends Part II Section 503 A (Mandatory Tuberculosis Testing) of the State Sanitary Code (LAC 51) to provide clarity for mandatory tuberculosis testing by replacing the language “medical or 24-hour residential facility” with “hospital or nursing home (as defined in Chapters XIX and XX, respectively, herein, and including intermediate care facilities for the developmentally disabled).” The risk of TB infection in residential facilities is extremely low. Therefore, the requirement for mandatory tuberculosis testing in residential facilities is being removed. Whenever new active tuberculosis cases are found, the new cases are prevalent in nursing homes or hospitals and not residential facilities.

The only cost associated with this rule change is the $328.00 to publish the notice of intent and the final rule in the Louisiana Register. This is a one-time cost that is included in the agency’s budget.

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

This rule change will have no effect on revenue collections of state or local governmental units because testing is not offered by DHH/Office of Public Health laboratories to employees, volunteers or patients of either state licensed hospitals or state licensed nursing homes.

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

This rule will result in an economic benefit to potential employees and/or volunteers that are potential employees and/or volunteers of medical or 24-hour residential facilities licensed by the state of Louisiana, as they will no longer be required to be tested for tuberculosis.

The cost of an approved tuberculosis test may vary from approximately $35.00 to $250.00 per person per test. This cost varies depending upon the volume of tests done at any one commercial laboratory.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There are no effects on competition and employment as a result of promulgation of this regulation.

Continuing Professional Education Programs

Editor’s Note: This Notice of Intent is being printed in its entirety to correct an error upon submission. The original Notice of Intent may be viewed in the November 20, 2010 edition of the Louisiana Register on pages 2725-2726.

The Louisiana State Plumbing Board (board), pursuant to R.S. 37:1366(I), which authorizes the board to establish and determine by rule minimum requirements relative to continuing professional development for the renewal or reinstatement of any license or special endorsement issued by the board, proposes to amend plumbing regulations, LAC 46:LV.1003 and 1005, in accordance with the Administrative Procedure Act. The proposed Rule change allows the board to accept an endorsee’s attendance or participation in a board approved industry-related recertification programs in lieu of a Board-approved CPE class, effective upon final publication in the Louisiana Register.

All currently stated rules of the board, unless amended herein, shall remain in full force and effect.

A. CPE Requirement

1. Effective January 1, 2011, in addition to the yearly renewal of their endorsement, every three years all persons holding a water supply protection specialist endorsement issued by the Louisiana State Plumbing Board are required to show proof of attendance at no less than six hours of a Louisiana State Plumbing Board-approved CPE training class in the prior three calendar years, as set out in this Section. In lieu of attendance at any such class, the Board may accept proof of the endorsee’s attendance or participation in board-approved industry-related recertification programs during the prior three calendar years.

B. - E.6. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1366(I).

HISTORICAL NOTE: Promulgated by the Department of Labor, State Plumbing Board, LR 30:2074 (September 2004), amended LR 37:

A. CPE Requirement

1. Effective January 1, 2012, in addition to the yearly renewal of their endorsement, every three years all persons seeing to renew a medical gas piping installer or medical gas verifier license issued by the Louisiana State Plumbing Board are required to show proof of attendance at no less than four hours of a Louisiana State Plumbing Board-approved CPE class in the prior three calendar years, as set out in this Section. In lieu of attendance at any such class, the board may accept proof of the endorsee’s attendance or participation in board approved industry-related recertification programs during the prior three calendar years.

B. - E.6. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1366(I).

HISTORICAL NOTE: Promulgated by the Department of Labor, State Plumbing Board, LR 30:2074 (September 2004), amended LR 37:

1. Estimated effect on the stability of the family: There is no estimated effect on the stability of the family.

2. Estimated effect on the authority and rights of parents regarding the education and supervision of their children: There is no estimated effect on the authority and rights of parents regarding the education and supervision of their children.

3. Estimated effect on the functioning of the family: There is no estimated effect on the functioning of the family.

4. Estimated effect on family earnings and family budget: There is no estimated effect on family earnings and family budget.

5. Estimated effect on the behavior and personal responsibility of children: There is no estimated effect on the behavior and personal responsibility of children.

6. Estimated effect on the ability of the family or a local government to perform the function as contained in the proposed Rule: There is no estimated effect on the ability of the family or a local government to perform the function as contained in the proposed Rule.

Public Comments

Any interested person may submit written comments regarding the content of this proposed Rule change to John Barker, Executive Director, 12497 Airline Highway, Baton Rouge, LA, no later than 5 p.m., January 20, 2011.

Board Attorney

There will be no implementation costs resulting from the proposed rule change.

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)

Currently, the Board requires an annual renewal of endorsement by the Board and proof of attendance in at least six hours (water supply protection specialists) or at least four hours (medical gas piping installers and medical gas verifiers) of Certified Plumbing Education courses over the prior three years. The proposed rule maintains the annual renewal of endorsement requirement but allows the attendance or participation at any approved industry-related recertification programs during any three-year period in lieu of the current attendance requirements. There will be no additional costs to any Board licensed individuals. The State Plumbing Board believes that the rule change will be more convenient for those licensed under the State Plumbing Board to maintain their licensed status. It will eliminate duplication of effort and expenses to those licensees who must maintain industry certifications in a specialized field. The proposed rule change does not increase the continuing professional education requirements. It simply allows the individual additional options for maintaining their licensed status.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

The proposed rule will have no effect on competition, but will continue to increase knowledge and skills of licensees due to regular training and updates on industry practices, health, conservation and environmental protection.

Water Wells (LAC 56:I.Chapters 1-7)

The Louisiana Office of Conservation proposes to amend LAC 56:I.Chapters 1, 3, 5 and 7 in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and pursuant to the power delegated under the laws of the state of Louisiana. The proposed amendment will address numerous typographical changes necessary as a result of Act 437 of 2009 which transferred the duties and responsibilities relative to ground water resources, water wells and drillers from the Department of Transportation and Development, Office of Public Works to the Department of Natural Resources, Office of Conservation.

Additionally this proposal amends the provision of LAC 56:I, Sections 117 and 119 to re-define the phrase, “as accurately as possible,” to include providing specific latitudinal and longitudinal coordinates in addition to a general hand drawn location on the water well registration forms.

Chapter 1. Registering Water Wells

A. …

C. …

HISTORICAL NOTE: Promulgated by the Department of Transportation and Development, Office of Public Works, LR 1:249 (May 1975), amended LR 11:950 (October 1985), repromulgated by the Department of Transportation and Development, Office of Public Works, LR 31:942 (April 2005), amended Department of Natural Resources, Office of Conservation, LR 37:

A. The contractor who drills or constructs a well or hole on or after November 1, 1985 shall be responsible for registering that well or hole by submitting to the department a completed Water Well Registration Form within

B. - B.3. …

C. Water Well Registration Long Form (DNR-GW-1). The Water Well Registration Long Form (DNR-GW-1) shall be used to register the following types of wells and holes:

1. - 8. …

For long form instructions see §117.

D. Water Well Registration Short Form (DNR-GW-1S). The Water Well Registration Short Form (DNR-GW-1S) shall be used to register the following types of wells and holes:

1. - 6. …

For short form instructions see §119.

E. Submission of Water Well Registration Forms

1. …

3. For the purpose of registering heat pump holes only, one form (DNR-GW-1S) Short Form per project (site) will suffice. Under item marked "remarks", materials and method used to seal the holes shall be indicated. Driller’s log description of cuttings should be the typical formations encountered at the site.

4. Registration forms may be submitted to the department on a monthly basis as long as the 30-day limitation is not exceeded. Forms that are illegible, have incomplete items, lack a sketch or directions to the well, do not include latitudinal and longitudinal coordinates or have not been signed and dated will be rejected by the department and will be returned to the contractor for correction and resubmittal. It is the responsibility of the contractor to see to it that the submitted registration forms are actually received by the department.

E.5. - G.1. …

2. If an unregistered well is reworked, deepened or changed in any manner or if screen setting is altered, the proper registration form (DNR-GW-1 or DNR-GW-1S) shall be submitted to the department by the contractor no later than 30 calendar days after the work has been completed.

H. …

I. Registration of Rig-Supply Water Wells

1. In order to register a rig-supply water well, each registration form must be accompanied by a copy of the "registered" permit plat reflecting the section, township, range and the distances from the section lines to the location of the well (oil, gas, injection, etc.). The plat will be used by the department to verify the latitude and longitude of the well. The water well contractor who drilled the water well shall obtain a copy of the plat from the company in charge of the drilling of the oil or gas well (lessee) or from the operator of the oil or gas drilling rig and shall attach it to the registration form for transmittal to the department. Alternatively, the water well contractor may send the registration form to the lessee with appropriate instructions for them to attach the plat to the registration form and transmit it to the department.

2. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:2091-38:3098.8.

HISTORICAL NOTE: Promulgated by the Department of Transportation and Development, Office of Public Works, LR 1:249 (May 1975), amended LR 11:950 (October 1985), repromulgated by the Department of Transportation and Development, Office of Public Works, LR 31:942 (April 2005), amended Department of Natural Resources, Office of Conservation, LR 37: