Louisiana Administrative Code

A. Notification to Complainant and Informal Review 1. If the department determines, with respect to a complaint filed under LAC 33:XV.1016, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists, is occurring, or has occurre…

A. Any state agency, department, board or commission, desiring to cut down or remove any tree or trees 10" diameter-breast-height or larger must first submit a request for approval to the Louisiana Department of Agriculture and Forestry, Office of Forestry, Box 1628, Baton Rouge,…

A. The Louisiana Department of Agriculture and Forestry has 30 days in which to respond in writing to the written request. If no response is heard within 30 days, approval is automatically granted.

A. The Louisiana Department of Agriculture and Forestry can inspect the site and make written recommendations to include alternatives to removing the trees, species, location and numbers of replacement trees and recommendations concerning planting and after care of planted trees.…

A. An appeal process is available, if the state agency, department, board or commission for some reason cannot comply with the recommendations of the Louisiana Department of Agriculture and Forestry, then a representative can appeal to the state forester or commissioner of the De…

A. Required tree planting shall be completed during the next planting season after the removal of the trees. The Louisiana Department of Agriculture and Forestry can check tree planting survival up to three years after planting and require replacement of any losses.

A. On developed sites around buildings and along highway rights-of-way, a minimum tree size for planting is 1 inch caliper and 5 feet tall. The Louisiana Department of Agriculture and Forestry can require larger planting stock when deemed necessary for adequate survival. Seedling…

A. The Louisiana Department of Agriculture and Forestry may require the use of a landscape architect in certain projects where their services are deemed necessary to ensure adequate attention to sensitive design considerations.

A. Any agency or department owning or controlling commercial forest land and desirous to harvest timber from this land is required by Act 211, 1987 Regular Legislative Session, to contact the Office of Forestry for assistance in developing a forest management plan for the acreage…

A. Any agency planning to develop a site that contains existing trees must include the intent of Act 176 in the planning process of the project before any clearing of existing trees takes place. Assistance can be obtained from the Office of Forestry personnel to: locate, identify…

A. Scope. The provisions of this Chapter shall govern the materials and installation of traps. B. Trap Seal. Each fixture trap shall have a water seal of not less than 2 inches (51 mm) and not more than 4 inches (102 mm), except where a deeper seal is required by the plumbing off…

A. Trap Size. The size (nominal diameter) of a trap for a given fixture shall be sufficient to drain the fixture rapidly but in no case less than given in Table 723.A of this code. B. Relation to Fixture Drains. A trap shall not be larger than the fixture drain to which it is con…

A. When required. Interceptors or separators shall be provided for the proper handling of liquid wastes containing grease, oil, flammable waste, sand, solids or other ingredients harmful to the building drainage system, the sewerage system or sewage treatment plant or processes e…

Approved⎯approved in writing by the designated representative of the State Health Officer. Non-Toxic Materials⎯materials which are free of substances which may render the water injurious to health or which may adversely affect the flavor, color, odor or microbiological quality of…

A. Each water vending machine operator shall: 1. obtain a permit for each water vending machine operated; 2. install each water vending machine to a potable water supply in accordance with the State Sanitary Code and any applicable, local plumbing codes; 3. operate and maintain a…

A. Each person desiring to operate a water vending machine in Louisiana shall, prior to such operation, apply to the State Health Officer for a permit. B. Any application for a permit shall be on a form as prescribed by the State Health Officer and shall contain the following: 1.…

A. All parts and surfaces of the water vending machines shall be maintained in clean condition by the water vending operator. The vending chamber and vending nozzle of each machine shall be cleaned and sanitized each time the machine is serviced. A record of cleaning and maintena…

Abuse— 1. the willful infliction of physical or mental injury; 2. causing deterioration by means including, but not limited to: a. sexual abuse; b. exploitation; or c. extortion of funds or other things of value to such an extent that the resident's health, moral or emotional wel…

A. All nurse aide training and competency evaluation programs shall be approved by the department. B. Training and competency evaluation programs may be provided by: 1. community colleges; 2. vocational-technical programs; and 3. other educational entities. C. Nursing facilities …

A. Individuals applying for nurse aide certification shall complete the application form designated by the department and submit documentation as deemed necessary by the department to determine eligibility. B. Registered nurses (RNs) and licensed practical nurses (LPNs) who have …

A. Training Curriculum 1. Providers applying to have a training program after the effective date of this Rule shall use one of the state approved curriculums or any subsequent editions issued by the publisher or any future state approved curriculums. 2. The curriculum shall be a …

A. Program Coordinator. Every nurse aide training program shall have a program coordinator who provides general supervision of the training received by the nurse aide trainees. 1. The program coordinator shall be a registered nurse (RN) and shall have the following experience and…

A. Each nurse aide trainee shall be at least 16 years old. B. Each nurse aide trainee shall be clearly identified as a trainee at all times during clinical training. Identification shall be recognizable to residents, family members, visitors and staff. C. Each nurse aide training…

A. Written or oral examinations shall be provided by an entity or organization approved by the department. The examination shall reflect the content and emphasis of the training program and shall be developed in accordance with accepted educational principles. B. The written eval…

A. The department shall review all components of a training and competency evaluation program for compliance with federal and state regulations. B. Programs not meeting minimum requirements may be terminated if the program does not provide an acceptable plan for correcting defici…

A. A nurse aide shall be responsible for notifying the registry of current contact information such as address, telephone number, and e-mail address. B. A nurse aide shall perform at least eight hours of nursing or nursing-related services in an approved setting during every cons…

A. The Department of Health (LDH) shall develop and maintain the Louisiana Certified Nurse Aide Registry (LCNAR) for individuals who have successfully completed a nurse aide training and/or competency evaluation program. Each individual listed on the LCNAR will have the following…

A. Nurse aides may become certified by reciprocity from other states. Applicants shall, at a minimum, submit to the Nurse Aide Registry the following information either on forms or via electronic submissions approved by the department: 1. his/her name; 2. his/her Social Security …

A. A person shall not be employed as a nurse aide or nurse aide trainee by a nursing facility or hospital based SNF unit for more than 60 days unless he/she has satisfactorily completed an approved training and competency evaluation program. B. A person shall not be employed or c…

A. The department prohibits nursing facilities from offering nurse aide training programs when the facilities have: 1. been determined to be out of compliance by the Medicaid or Medicare Programs until the end of a two-year period during which time no survey or investigation find…

A. The department, through its Division of Administrative Law or successor entity, has provided for a process for the review and investigation of all allegations of wrong-doing by nurse aides employed in nursing facilities. Certified nurse aides and nurse aide trainees must not: …

A. When there are substantiated charges against the CNA, either through oral or written evidence, the department shall notify the individual(s) implicated in the investigation of the following information by U.S. Postal Service mail, FedEx, United Parcel Service, or other documen…

A. When a nurse aide feels that he/she has been wrongly accused, the following procedure shall be followed. 1. The CNA may request an informal dispute resolution (IDR) within 15 calendar days after the delivery or documented attempted delivery of the department’s notice of violat…

A. The CNA may request an administrative hearing within 30 calendar days after the delivery or documented attempted delivery of the department’s notice of violation by U.S. Postal Service mail, FedEx, United Parcel Service, or other document delivery service approved by the depar…

A. Although not specifically required, the Division of Administrative Law or successor entity may schedule a preliminary conference. The purposes of the preliminary conference include, but are not limited to: 1. clarification, formulations and simplification of issues; 2. resolut…

A. Each party shall arrange for the presence of their witnesses at the hearing. B. A subpoena to compel the attendance of a witness may be issued by the administrative law judge: 1. upon written request by a party and a showing of the need for such action; or 2. on his own motion…

A. The administrative law judge may continue a hearing to another time or place, or order a further hearing on his own motion or at the request of any party who shows good cause. B. Where the administrative law judge, at his/her discretion, determines that additional evidence is …

A. If a nurse aide fails to appear at an administrative hearing, a notice/letter of abandonment may be issued by the Division of Administrative Law or successor entity dismissing the appeal. A copy of the notice shall be mailed to each party. B. Any dismissal may be rescinded upo…

Adult Residential Care Provider—a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group which provides adult residential care for compensation to two or more adults who are unrelated to the licensee or …

A. The LDH establishes provisions for the use of MACs in LLCFs. The department shall maintain a registry of individuals who have, at a minimum: 1. passed a qualifying CNA examination and are in good standing; 2. successfully completed a state-approved MAC training course and comp…

A. Prior to application for a certificate under this Chapter, all persons shall: 1. be proficient in reading, writing, speaking, and understanding the English language at a minimum eighth grade level as evidenced by the MAC training program’s required entry placement test scores.…

A. Initial Certification 1. be a CNA in good standing; 2. be employed in a MAC approved LLCF; 3. meet requirements set forth in §10082; and 4. complete the required MAC training program. B. Renewal Certification 1. A MAC certificate holder shall: a. be a CNA in good standing; b. …

A. Program Coordinator. The state-approved MAC training program shall have a program coordinator who provides general supervision of the training received by the MAC trainees. 1. The program coordinator shall be an RN and shall have the following experience and qualifications: a.…

A. The goal of the MAC training and competency evaluation program is the provision of safe, effective and timely administration of medication to residents by MACs who are able to: 1. communicate and interact completely on a one-to-one basis with residents as part of the team impl…

A. A competency evaluation shall be developed by the training entity and conducted to ensure that each trainee, at a minimum, is able to demonstrate competencies taught in each part of the training curriculum. B. Written examinations shall be provided by the training entity or or…

A. The MAC may perform certain duties and functions delegated by a licensed RN and under the direct supervision of a licensed nurse who is on-site and on duty. These authorized duties shall apply to MAC trainees under the supervision of the clinical instructor. The ratio of MACs …

A. Medication attendants certified shall not: 1. administer any controlled dangerous substances (schedules II through V) as set forth by the Drug Enforcement Agency or the Louisiana Board of Pharmacy; 2. administer any medications by the following parenteral routes: a. intramuscu…