La. Admin. Code tit. 46 § XLVII-3319

Current through Register Vol. 50, No. 5, May 20, 2024

Section XLVII-3319 - Adoption of Rules and Regulations

A.R.S. 37:918 provides that the board shall adopt and revise rules and regulations necessary to enable the board to implement this Part in accordance with the Administrative Procedure Act. In promulgating rules, the board is exercising powers that have been delegated by the Louisiana Legislature.

1. Definition of Rules and Regulations. Statements, guides or requirements of conduct or action that are of general applicability. Rules and regulations of the Board of Nursing implement or interpret the Nurse Practice Act or describe the organization, procedure or practice of the board.

2.

a. All rules and regulations of the board shall be adopted, revised or repealed in accordance with the Administrative Procedure Act, R.S. 49:951-968.

b. Except in emergency situations, the board shall give at least 15 days notice of its intent to adopt, revise, or repeal rules and regulations. The notice shall be in accordance with statutory requirements and shall be published in the Louisiana Register.

c. After adoption, and as soon as possible, the official text of the rules and regulations shall be submitted for publication in the Louisiana Register. The rules and regulations become effective on the date of their publication, unless otherwise specified.

d.

i.Any interested person may petition the board, requesting the promulgation, revision or repeal of rules and regulations which would affect that person. The petition shall:

(a). be submitted in writing;

(b). state the name and address of the petitioner;

(c). include an exact statement of the changes sought and the effect of the proposed change on existing practice;

(d). include data, opinions or arguments in support of request.

ii. The board shall act on the petition within 90 days after receiving said petition. The board shall either deny the petition, stating reasons therefor, or shall initiate rule-making proceedings in accordance with its procedure for same.

La. Admin. Code tit. 46, § XLVII-3319

Promulgated by the Department of Health and Human Resources, Board of Nursing, LR 7:74 (March 1981), amended by the Department of Health and Hospitals, Board of Nursing, LR 24:1293 (July 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:918.