Terms Used In Louisiana Revised Statutes 37:3386.3

  • Addictive disorder: means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. See Louisiana Revised Statutes 37:3386.1
  • Board: means the governing body of the Addictive Disorder Regulatory Authority. See Louisiana Revised Statutes 37:3386.1
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Prevention: means those activities and services that prevent, reduce, or stabilize the incidence of addictive disorders and thereby prevent, reduce, or stabilize the prevalence of addictive disorders. See Louisiana Revised Statutes 37:3386.1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

§3386.3. Powers and duties of the Addictive Disorder Regulatory Authority

            A. The Addictive Disorder Regulatory Authority shall:

            (1) Establish and maintain minimum educational and experiential requirements in accordance with the provisions of this Chapter.

            (2) Establish and maintain minimum standards of practice in accordance with those developed and accepted by the profession.

            (3) Develop and promulgate rules for the approval, denial, and renewal of qualified candidates for professional credentials as well as for the revocation or suspension of credentials or the refusal to renew any credential or status authorized by this Chapter.

            (4) Investigate complaints of illegal or unethical conduct or practices of those holding any professional credential or status authorized by this Chapter, or any candidate for same.

            (5) Promulgate and publish rules and regulations for the purpose of administering the provisions of this Chapter.

            (6) Conduct hearings on charges pursuant to the Administrative Procedure Act calling for disciplinary action against anyone holding a credential or status authorized by this Chapter.

            (7) Adopt a code of ethics for those holding a credential or status authorized by this Chapter, which shall be no less stringent than those adopted by other healthcare professionals.

            (8) Prescribe and adopt regulations, standards, procedures, and policies governing the manner and conditions under which credit shall be given by the board for participation in programs of education or experience, including programs of continuing professional education, such as the board may consider necessary.

            (9) Maintain a complete roster of all those awarded a credential or status pursuant to the provisions of this Chapter.

            (10) Adopt and promulgate rules, regulations, and standards for board approval of institutions providing clinical training or education in areas pertaining to a credential or status governed by the provisions of this Chapter.

            (11) Issue subpoenas to require attendance, testimony, and production of documents in the process of enforcing the provisions of this Chapter and board rules or in order to secure evidence or testimony pursuant to any investigation conducted in furtherance of the board’s authority or responsibility as provided in this Chapter.

            (12) Adopt and promulgate any rule, regulation, standard, or procedure necessary to carry out the provisions of this Chapter.

            (13) Enter into any contract, including any professional services contract, related to its responsibilities in complying with this Chapter and other applicable state laws.

            (14) On or before February first annually, submit a report to the governor, the secretary of the Louisiana Department of Health, and the House and Senate committees on health and welfare encompassing the financial and professional actions of the board. The report shall have the same form and content as prescribed by La. Rev. Stat. 49:1304(B).

            (15) Adopt standards for supervision of registered and certified addiction counselors.

            B. The board may do all of the following:

            (1) Apply for all available and appropriate public and private grants from any source.

            (2) Accept grants from public or private sources to be utilized for purposes of the board.

            (3) Promulgate rules for the provision of telehealth services by licensed, certified, or registered addiction counselors; licensed, certified, or registered prevention professionals; and certified compulsive gambling counselors that, at a minimum, comply with the applicable requirements and standards of the Louisiana Telehealth Access Act, La. Rev. Stat. 40:1223.1 et seq.

            Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2, redesignated from §3388.4; Acts 2022, No. 189, §1.