I. Executive Order

CONTENTS March 2010

I. EXECUTIVE ORDER

BJ 10-03 State of Emergency—Extension of Qualifying in the Parish of Desoto 440

BJ 10-04 Carry-Forward Bond Allocation 2009 440

II. EMERGENCY RULES

Agriculture and Forestry

Agricultural Finance Authority―Farm and Agribusiness Recovery and Loan Program

(LAC 7:III.101, 701-715) 442

Office of the Commissioner―Sweet Potato Yield Adjustment (LAC 7:XV.143) 445

Office of the Commissioner, Agricultural Commodities Commission―Fees: Amount, Time of Payment

(LAC 7:XXVII.128) 446

Health and Hospitals

Bureau of Health Services Financing―CommunityCARE Program―Immunization Pay-for-Performance

Initiative―Payment Levels (LAC 50:I.2915) 447

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

(LAC 50:V.953, 955 and 959) 448

Laboratory and Radiology Services Reimbursement Rate Reduction (LAC 50:XIX.4329 and 4334-4337) 450

Mental Health Rehabilitation Program―Service Limitations and Reimbursement Rate Reduction

(LAC 50:XV.401-405 and 901) 451

Multi-Systemic Therapy―Reimbursement Rate Reduction (LAC 50:XV.25701) 453

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

(LAC:V.5313, 5513, 5713, 5913 and 6115) 454

Personal Care Services―Long-Term―Reimbursement Rate Reduction (LAC 50:XV.12917) 455

Pharmacy Benefits Management Program―Maximum Allowable Costs (LAC 50:949) 456

Pharmacy Benefits Management Program―Methods of Payment (LAC 50:XXIX.915-925, 949 and 963) 457

Professional Services Program―Anesthesia Services―Reimbursement Rate Reduction

(LAC 50:IX.15111 and 15131-15135) 459

Professional Services Program―Physician Services―Reimbursement Rate Reduction

(LAC 50:IX.15103, 15111-15113) 460

Prosthetics and Orthotics―Reimbursement Rate Reduction (LAC 50:XVII.501) 461

Public Safety and Corrections

Office of State Police―Tow Truck License Plate (LAC 55:I.1913) 462

Wildlife and Fisheries

Wildlife and Fisheries Commission―Elmer’s Island Wildlife Refuge Rules (LAC 76:III.337) 463

III. RULES

Agriculture and Forestry

Agriculture Finance Authority―Farm and Agribusiness Recovery and Loan Program

(LAC 7:III.101, 103, and 301-341) 464

Culture, Recreation and Tourism

Office of Cultural Development―Cultural Districts (LAC 25:I.1103-1119) 469

Economic Development

Office of the Secretary―Veteran Initiative (LAC 19:IX.Chapters 1 and 3) 471

Office of the Secretary, Office of Business Development―Retention and Modernization Act

(LAC 13:I.Chapter 35) 474

Education

Board of Elementary and Secondary Education―Bulletin 118—Statewide Assessment Standards

and Practices (LAC 28:CXI.107, 1803, 1813, and 1817) 477

Bulletin 126—Charter Schools―Renewal Process and Timelines (LAC 28:CXXXIX.1503) 478

Bulletin 741―Louisiana Handbook for School Administrators―Administration of Medication

(LAC 28:CXV.1129) 480

Bulletin 741―Louisiana Handbook for School Administrators―Compulsory Attendance

(LAC 28:CXV.1103 and 1105) 481

This public document was published at a total cost of $3,725. Five hundred copies of this public document were published in this monthly printing at a cost of $3,725. The total cost of all printings of this document including reprints is $3,725. This document was published by Moran Printing, Inc. 5425 Florida Boulevard, Baton Rouge, LA 70806, as a service to the state agencies in keeping them cognizant of the new rules and regulations under the authority of R.S. 49:950-971 and R.S. 49:981-999. This material was printed in accordance with standards for printing by
state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the
Louisiana Revised Statutes.

The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral
presentation of the Register is available at the Office of the State Register, or an audiocassette tape of requested sections of the Register can be provided for the cost incurred by the Office of the State Register in producing such a tape. For more information contact the Office of the State Register.

Bulletin 741―Louisiana Handbook for School Administrators―Non-Complex Health Procedures

(LAC 28:CXV.1147) 482

Bulletin 741—Louisiana Handbook for School Administrators―Science Education (LAC 28:CXV.2304) 483

Bulletin 746―Louisiana Standards for State Certification of School Personnel―ACT/SAT Scores in

Lieu of PRAXIS I SCORES (LAC 28:CXXXI.241 and 243) 484

Bulletin 746—Louisiana Standards for State Certification of School Personnel―Adult Education

Instructor (LAC 28:CXXXI.645) 485

Bulletin 746―Louisiana Standards for State Certification of School Personnel―Certification Appeal

Process (LAC 28:CXXXI.801 and 803) 486

Bulletin 746―Louisiana Standards for State Certification of School Personnel―PRAXIS I Scores

(LAC 28:CXXXI.241, 243, and 409) 487

Bulletin 746―Louisiana Standards for State Certification of School Personnel―World Language

Certificate (LAC 28:CXXXI.311) 486

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

(LAC 28:XXXI.503 and 507) 489

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

Programs—Intersession (LAC 28:IV.301, 703, 705, and 803) 490

Tuition Trust Authority―START Saving Program—Split Investment (LAC 28:VI.305, 311, and 315) 492

Governor

Board of Examiners for New Orleans and Baton Rouge Steamship Pilots for the Mississippi River

General Provisions (LAC 46:LXX.Chapters 61 - 67) 493

Division of Administration, Office of Contractual Review―Small Entrepreneurship (The Veteran Initiative)

Procurement (LAC 19:IX.Chapters 11 and 13) 507

Division of Administration, Office of State Purchasing―Small Entrepreneurship (The Veteran Initiative)

Procurement (LAC 19:IX.Chapters 11 and 13) 507

Health and Hospitals

Health and Services Financing―Disproportionate Share Hospital Payments Radiology Utilization

Management (LAC 50.V.2501) 512

Home Health Program—Durable Medical Equipment―Provider Accreditation (LAC 50:XIII.Chapter 85) 512

Hospital Licensing Standards Crisis Receiving Centers (LAC 48:I.9303 and Chapter 96) 513

Inpatient Hospital Services—Non-Rural, Non-State Hospitals Outlier Payment Methodology

(LAC 50:V.954) 519

Nursing Facilities Per Diem Rate Reduction (LAC 50:VII.1305 and 1309) 520

Prosthetics and Orthotics Provider Accreditation (LAC 50:XVII.301) 520

Prosthetics and Orthotics—Reimbursement Rate Reduction (LAC 50:XVII.501) 521

Office for Addictive Disorders―Opioid Treatment Programs: Need and Application Reviews

(LAC 48:I.Chapter 129) 521

Louisiana Economic Development Corporation

Retention and Modernization Act (LAC 13:I.Chapter 35) 474

Public Safety and Corrections

Corrections Services―Crime Victims Services Bureau (LAC 22:I.2327) 525

Death Penalty (LAC 22:I.103) 525

Louisiana Risk Review Panels (LAC 22:I.107) 528

Offender Incentive Pay and Other Wage Compensation (LAC 22:I.331) 531

Restoration of Good Time (LAC 22:I.319) 533

Sex Offender Assessment Panels (LAC 22:I.109) 534

Office of State Police―Motorcycle Safety Training Program (LAC 55:I.Chapter 31) 536

Preparedness and Response Act (LAC 33:V.10105, 10117, and 10121) 545

Towing, Recovery and Storage (LAC 55:I.1947) 546

Office of State Police, Transportation and Environmental Safety Section―Explosives Code

(LAC 55:I.Chapter 15) 550

Revenue

Policy Services Division―Corporation Income and Franchise Tax Filing Extensions (LAC 61:III.2503) 552

Social Services

Office of Community Services―Guardianship Subsidy Program (LAC 67:V.Chapter 41) 552

Office of Family Support―CCAP Military Child Care Providers (LAC 67:III Chapter 51) 555

IV. NOTICES OF INTENT

Culture, Recreation and Tourism

Office of State Parks―State Parks (LAC 25:IX.Chapters 1-9) 558

Education

Board of Elementary and Secondary Education―Bulletin 119—Louisiana School Transportation

Specifications and Procedures (LAC 28:CXIII.Chapters 1-31) 567

Bulletin 741 (Nonpublic)—Louisiana Handbook for Nonpublic School Administrators—Assessment

Requirements for a State Diploma (LAC 28:LXXIX.2111) 587

Bulletin 741—Louisiana Handbook for School Administrators (LAC 28:CXV.337, 709, 1103, 1109,

1301 and 2313) 588

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

(LAC 28:CXV.Chapter 23) 590

Bulletin 741—Louisiana Handbook for School Administrators—General Career and Technical

Education (LAC 28:CXV.2377) 601

Bulletin 741—Louisiana Handbook for School Administrators—Health Education (LAC 28:CXV.2347) 603

Bulletin 741—Louisiana Handbook for School Administrators—Individual Graduation Plan

(LAC 28:CXV.901) 604

Bulletin 741—Louisiana Handbook for School Administrators―Unsafe Schools (LAC 28:CXV.343) 604

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

for Students with Disabilities (LAC 28:XLIII.151, 152, 153, 160, 230, 301, 512, 601, 603, 607, 705,

802, 803, and 905) 605

Bulletin 1929—Louisiana Accounting and Uniform Governmental Handbook (LAC 28:XLI.Chapters 1-13) 612

Environmental Quality

Office of the Secretary―Gasoline Handling (LAC 33:III.2131)(AQ309) 641

HW Tanks―Secondary Containment Requirements and 90 Day Turnover of Hazardous Waste

(LAC 33:V.109, 1109, 1901, 1907, 1909 and 4437)(HW106) 643

Organic Solvents and Solvent Degreasers (LAC 33:III.111 and 2123)(AQ307) 649

Reportable Quantity for Brine from Solution Mining (LAC33:I.3905 and 3931)(OS085) 655

Governor

Division of Administration, Office of Financial Institutions―Non-Depository Records Retention

(LAC 10:XVII.901) 656

Used Motor Vehicle Commission―Used Motor Vehicles (LAC 46:V.Chapters 27, 29, and 35) 657

Health and Hospitals

Board of Examiners of Psychologists―Supervision of Assistants Psychologists (LAC 46:LXIII.1101) 659

Board of Medical Examiners―Licensure and Certification; Practice; Administrative Provisions

(LAC 46:XLV.402, 449, 6504, 8301-8311) 660

Bureau of Health Services Financing―Home and Community-Based Services Waivers―New Opportunities

Waiver―Reimbursement Rate Reduction (LAC 50:XXI.14301) 662

Home Health Program―Durable Medical Equipment―Reimbursement Reduction (LAC 50:XIII.10301) 663

Laboratory and Radiology Services―Reimbursement Rate Reduction

(LAC 50:XIX.4329 and 4334-4337) 665

Medical Transportation Program―Emergency Ambulance Services Reimbursement―Rate Reduction

(LAC 50:XXVII.325) 666

Mental Health Rehabilitation Program―Mental Health Rehabilitation Program―Service Limitations

and Reimbursement Rate Reduction (LAC 50:XV.401-405 and 901) 668

Multi-Systemic Therapy―Reimbursement Rate Reduction (LAC 50:XV.25701) 670

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

(LAC:V.5313, 5513, 5713, 5913, and 6115) 671

Personal Care Services—Long-Term―Reimbursement Rate Reduction (LAC 50:XV.12917) 673

Professional Services Program―Anesthesia Services―Reimbursement Rate Reduction

(LAC 50:IX.15111 and 15131-15135) 674

Professional Services―Program Physician―Services Reimbursement Rate Reduction

(LAC 50:IX.15103, 15111-15113) 676

Prosthetics and Orthotics―Reimbursement Rate Reduction (LAC 50:XVII.501) 678

Office of Aging and Adult Services―Personal Care Services—Long-Term Reimbursement Rate

Reduction (LAC 50:XV.12917) 673

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

New Opportunities Waiver Reimbursement Rate Reduction (LAC 50:XXI.14301) 662

Natural Resources

Office of Conservation―Pit Closure Techniques and Onsite Disposal of E&P Waste (LAC 43:XIX.313) 679

Public Safety and Corrections

Corrections Services―Public Information Program and Media Access (LAC 22:I.339) 681

Gaming Control Board―Licensees, Permittees; Loans and Restrictions (LAC 42:III.2521, 2522, 2523,

2524, 2525, and 2526; VII.2521, 2523, and 2524; IX.2521, 2522, 2523, and 2524; and XIII.2521,

2523, and 2524) 684

Office of the Fire Marshal―Code Enforcement and Building Safety Fire Protection (LAC 55:V.103 and 303) 687

Office of State Police―Towing Recovery and Storage (LAC 55:I.1913) 690

Uniform Construction Code Council―Certification Requirements―Grandfathering (LAC 55:VI.905) 690

Revenue

Policy Services Division―Electronic Filing Requirements for Oil or Gas Severance Tax (LAC 61:III.1525) 691

Income Tax Credits for Wind or Solar Energy Systems (LAC 61:I.1907) 692

Social Services

Office of Community Services―Residential Licensing—Notice of Revocation Action

(LAC 67:V.6503, 6705, 6955 and 7107) 696

Office of Family Support―Child Care Assistance Program Discontinuation of Job Search

(LAC 67:III.5102, 5103, 5104, and 5109) 698

Child Care Licensing Revocation Notice (LAC 67:III.7303 and 7359) 701

V. POTPOURRI

Environmental Protection Agency

EPA Region 4 Outer Continental Shelf (OCS) Air Quality Permitting Actions 704

Environmental Quality

Office of Environmental Services, Permit Support Services Division―Standard Fees for Solid Waste

Transporters 704

Office of the Secretary―Regulation of Greenhouse Gas Emissions and Title V Applicability 704

Termination Determination of CAAA §185 Penalty Fees State Implementation Plan Revision 705

Governor

Division of Administration, Office of Information Technology―IT Bulletins Published 705

Insurance

Office of the Commissioner―Regulation 99—Certificates of Insurance 705

Natural Resources

Office of Conservation―Orphaned Oilfield Sites 706

Office of the Secretary, Fishermen's Gear Compensation Fund―Loran Coordinates 706

Revenue

Policy Services Division―March Meeting of Act 442 Collaborative Working Group 706

Social Services

Office of Community Services―SSBG―2010-2011 Intended Use Report 707

Wildlife and Fisheries

Wildlife and Fisheries Commission―Proposed Changes to LAC 76:III.337―Elmer’s Island Wildlife Refuge 708

VI. INDEX 709

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Louisiana Register Vol. 36, No. 3 March 20, 2010

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Louisiana Register Vol. 36, No. 3 March 20, 2010

Executive Orders

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Louisiana Register Vol. 36, No. 3 March 20, 2010

EXECUTIVE ORDER BJ 10-03

State of Emergency—Extension of
Qualifying in the Parish of Desoto

WHEREAS, "in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to qualify or exercise their right to vote, to minimize to whatever degree possible a person’s exposure to danger during declared states of emergency, and to protect the integrity of the electoral process," the Louisiana Legislature enacted R.S. 18:401.1 to provide "a procedure for the emergency suspension or delay and rescheduling of qualifying, early voting, and elections"; and

WHEREAS, on February 12, 2010, pursuant to the provisions of R.S. 18:401.1(B), the Secretary of State certified to the Governor that as a result of severe weather conditions, a state of emergency exists in the parish of Desoto and they recommend that qualifying in that parish be suspended and rescheduled for Wednesday, February 17, 2010;

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: Under the authority of R.S. 18:401.1(B) and based on the February 12, 2010 certification from the Secretary of State that a state of emergency exists in the parish of Desoto and the February 12, 2010 recommendation that the qualifying period in that parish be suspended until Wednesday, February 17, 2010, a state of emergency is hereby declared to exist in the following parish and qualifying in the following parish is hereby suspended for the time periods and dates designated: Parish of Desoto, Council Member(s), Village of Longstreet, suspended from 8:30 a.m. to 5:00 p.m. on Friday, February 12, 2010;

SECTION 2: In accordance with the procedures set forth in R.S. 18:401.1, qualifying in the parish of Desoto shall be rescheduled for and/or resume at 8:30 a.m. on Wednesday, February 17, 2010, and conclude at 5:00 p.m. on Wednesday, February 17, 2010.

SECTION 3: This Order is effective upon signature.

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 12th day of February, 2010.

Bobby Jindal

Governor

ATTEST BY

THE GOVERNOR

Jay Dardenne

Secretary of State

1003#111

EXECUTIVE ORDER BJ 10-04

Carry-Forward Bond Allocation 2009

WHEREAS, pursuant to the Tax Reform Act of 1986 and Act 51 of the 1986 Regular Session of the Louisiana Legislature (hereafter "Act"), Executive Order No. BJ 2008-47 was issued to establish a method for allocating bonds subject to private activity bond volume limits, including

(1) the method of allocating bonds subject to the private activity bond volume limits for the calendar year 2008 and subsequent calendar years;

(2) the procedure for obtaining an allocation of bonds under the ceiling; and

(3) a system of central record keeping for such allocations;

WHEREAS, Section 4(H) of No. BJ 2008-47 provides that if the ceiling for a calendar year exceeds the aggregate amount of bonds subject to the private activity bond volume limit issued during the year by all issuers, by executive order, the Governor may allocate the excess amount to issuers or an issuer for use as a carry-forward for one or more carry-forward projects permitted under the Act;