§ 9:3573.1 Short title; purpose
§ 9:3573.2 Definitions; exemptions
§ 9:3573.3 Prohibited conduct
§ 9:3573.4 Bond; trust account
§ 9:3573.6 Disclosure statement
§ 9:3573.7 Form and terms of contract
§ 9:3573.8 Waiver
§ 9:3573.10 Action for damages
§ 9:3573.11 Orders, injunctions, and publication
§ 9:3573.12 Statute of limitations
§ 9:3573.13 Criminal penalty
§ 9:3573.14 Burden of proving exemption
§ 9:3573.15 Remedies cumulative
§ 9:3573.16 Civil money penalties

Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE XII > Chapter 2 > Part XV - Credit Repair Services Organizations Act

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: as used in this Chapter , means a specific person who is directly or indirectly, through one or more intermediaries, controlled by, or controls, or is under common control with the person specified. See Louisiana Revised Statutes 9:3516
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aftercare: means any assistance provided by a caregiver to a patient pursuant to this Part after the patient's discharge from a hospital. See Louisiana Revised Statutes 40:1226.1
  • Agency: means any of the following state departments:

                (a) Department of Children and Family Services. See Louisiana Revised Statutes 49:1402

  • Allegation: something that someone says happened.
  • Allocation: means the official determination of the class to which a position in the classified service belongs. See Louisiana Revised Statutes 33:2533
  • Ambulance service: means an entity under circumstances in which the provisions of La. See Louisiana Revised Statutes 40:1231.1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
  • Appointing authority: means any official, officer, board, commission, council or person having the power to make appointments to positions in the municipal, parish or fire protection district fire service. See Louisiana Revised Statutes 33:2533
  • Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
  • Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2533
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Asynchronous store and forward transfer: means the transmission of a patient's medical information from an originating site to the provider at the distant site without the patient being present. See Louisiana Revised Statutes 40:1223.3
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • behavioral health services: means those services as defined in La. See Louisiana Revised Statutes 40:1223.3
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Patient's Compensation Fund Oversight Board created in La. See Louisiana Revised Statutes 40:1231.1
  • Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
  • Board: means the municipal, parish, or fire protection district fire and police civil service board. See Louisiana Revised Statutes 33:2533
  • Buyer: means an individual who is solicited to purchase or who purchases the services of a credit repair services organization. See Louisiana Revised Statutes 9:3573.2
  • Caregiver: means an individual who meets all of the following conditions:

                (a) Is eighteen years of age or older. See Louisiana Revised Statutes 40:1226.1

  • Cholesterol screening: means determining the cholesterol level present in a person's blood by analyzing a drop of blood taken from him by means of a fingerstick sample. See Louisiana Revised Statutes 40:1213.2
  • Claimant: means a patient or representative or any person, including a decedent's estate, seeking or who has sought recovery of damages or future medical care and related benefits under this Part. See Louisiana Revised Statutes 40:1231.1
  • Claims manager: means the claims manager appointed and employed by the board pursuant to La. See Louisiana Revised Statutes 40:1231.1
  • class of position: means a definitely recognized kind of employment in the classified service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities, and consequent qualification requirements, that they can fairly and equitably be treated alike under like conditions for all personnel purposes. See Louisiana Revised Statutes 33:2473
  • class of position: means a definitely recognized kind of employment in the classified service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities and consequent qualification requirements that they may fairly and equitably be treated alike under like conditions for all personnel purposes. See Louisiana Revised Statutes 33:2533
  • Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2473
  • Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2533
  • Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
  • Classified service: means every appointive office and position of trust or employment in the municipal government, parish government, or fire protection district government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2533
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Community blood center: means any independent nonprofit nonhospital based facility which collects blood and blood products from donors primarily to supply blood and blood components to other health care facilities. See Louisiana Revised Statutes 40:1231.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means a court of competent jurisdiction and proper venue over the parties. See Louisiana Revised Statutes 40:1231.1
  • Credit repair services organization: means a person who, with respect to a buyer, in return for the payment of money or other valuable consideration, directly or indirectly, provides or represents that he can or will, directly or indirectly, provide any of the following services:

    (a)  Improving a buyer's credit record, history, or rating. See Louisiana Revised Statutes 9:3573.2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally affords less responsibility and pay. See Louisiana Revised Statutes 33:2473
  • Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally involves less responsibility and provides less pay. See Louisiana Revised Statutes 33:2533
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
  • Department: means the state Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 49:1132
  • Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act providing funding for medical care for the poor. See Louisiana Revised Statutes 40:1249.2
  • Department service: means employment in the public service offered and performed separately by the fire or police department of the municipality, parish or fire protection district. See Louisiana Revised Statutes 33:2533
  • Departmental service: means employment in the public services offered and performed separately by the fire and by the police departments of the municipality. See Louisiana Revised Statutes 33:2473
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discharge: means a patient's release from hospital care to the patient's residence following an inpatient admission. See Louisiana Revised Statutes 40:1226.1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distant site: means the site at which the healthcare provider delivering the service is located at the time the service is provided via a telecommunications system. See Louisiana Revised Statutes 40:1223.3
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Elderly: means an individual who is sixty-five years of age or older. See Louisiana Revised Statutes 40:1249.2
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2533
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2533
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the executive director of the board, appointed and employed pursuant to La. See Louisiana Revised Statutes 40:1231.1
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Federal poverty guidelines: means the most recent poverty guidelines as published in the Federal Register by the United States Department of Health and Human Services. See Louisiana Revised Statutes 40:1219.2
  • Fingerstick sample: means a quantity of blood taken from a person by sticking his finger with a needle or lancet. See Louisiana Revised Statutes 40:1213.2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • from a state hospital or other state facility: shall mean a patient who presents himself for treatment to any health care provider enumerated in this item after prior arrangements have been made between such a provider and a state hospital or other state facility where that patient has been receiving or has attempted to receive health care and medical services or in circumstances when no prior arrangements have been made or a patient who has attempted to reach or was in transit to such state hospital or facility to receive health care and medical services but was diverted from that intended destination by such hospital or facility because of lack of specialty medical services, treatment availability, or bed capacity, or any combination thereof. See Louisiana Revised Statutes 40:1237.1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement, or during or relating to or in connection with the procurement of human blood or blood components. See Louisiana Revised Statutes 40:1231.1
  • Health care: means any act or treatment which was performed or furnished or which should have been performed or furnished by any person covered by this Part for, to, or on behalf of, a patient during the medical care, treatment or confinement of the patient. See Louisiana Revised Statutes 40:1237.1
  • Health care provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide health care or professional services as a physician, hospital, nursing home, community blood center, tissue bank, dentist, a licensed dietician or licensed nutritionist employed by, referred by, or performing work under contract for, a health care provider or other person already covered by this Part, registered or licensed practical nurse or certified nurse assistant, offshore health service provider, ambulance service under circumstances in which the provisions of La. See Louisiana Revised Statutes 40:1231.1
  • Healthcare provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide healthcare or professional services as a physician assistant; hospital; nursing home; dentist; registered nurse; advanced practice registered nurse; licensed dietitian or nutritionist; licensed practical nurse; certified nurse assistant; offshore health service provider; ambulance service; licensed midwife; pharmacist; speech-language pathologist; audiologist; optometrist; podiatrist; chiropractor; physical therapist; occupational therapist; certified or licensed athletic trainer; psychologist; medical psychologist; social worker; licensed professional counselor; licensed perfusionist; licensed respiratory therapist; licensed radiologic technologist; licensed hearing aid dealer; licensed, certified, or registered addiction counselor; licensed, certified, or registered prevention professional; certified compulsive gambling counselor; behavioral health provider who works for a licensed agency or credentialed provider which provides community psychiatric support and treatment services or psychosocial rehabilitation services as defined in La. See Louisiana Revised Statutes 40:1223.3
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Hospital: means a facility licensed under the provisions of Part II of Chapter 11 of this Title. See Louisiana Revised Statutes 40:1226.1
  • Hospital: means any hospital as defined in La. See Louisiana Revised Statutes 40:1231.1
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Income: means income from whatever source derived. See Louisiana Revised Statutes 40:1219.2
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Insurer: means the authority or the entity chosen to manage the authority or an insurer writing policies of malpractice insurance. See Louisiana Revised Statutes 40:1231.1
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed lender: means a person licensed by the commissioner to make consumer loans pursuant to this Chapter. See Louisiana Revised Statutes 9:3516
  • list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
  • lists: means a reinstatement employment list, a promotional employment list, a competitive employment list and a re-employment list. See Louisiana Revised Statutes 33:2533
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Litter: means all waste material except as provided and defined in La. See Louisiana Revised Statutes 49:1132
  • Local government: means the governing authority of a parish or the governing authority of the municipality. See Louisiana Revised Statutes 49:1132
  • Long-term care services: means the following services provided pursuant to Louisiana's approved Medicaid state plan for medical assistance:

                (a) Long-term personal care services. See Louisiana Revised Statutes 40:1249.2

  • Malpractice: means any unintentional tort or any breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient, including failure to render services timely and the handling of a patient, including loading and unloading of a patient, and also includes all legal responsibility of a health care provider arising from acts or omissions during the procurement of blood or blood components, in the training or supervision of health care providers, or from defects in blood, tissue, transplants, drugs, and medicines, or from defects in or failures of prosthetic devices implanted in or used on or in the person of a patient. See Louisiana Revised Statutes 40:1231.1
  • Malpractice: means the failure to exercise the reasonable standard of care specified and required by Subsection B of this Section, in the provision of health care, when such failure proximately causes injury to a patient, as provided in Subsection B of this Section. See Louisiana Revised Statutes 40:1237.1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offshore health service provider: means any individual or entity which provides any health care service rendered by an emergency medical technician-basic, or at the intermediate or paramedic levels, or one who is a registered nurse, when such medical care is rendered on a fixed platform in Louisiana territorial waters or on the Outer Continental Shelf, adjacent to Louisiana territorial waters, or any instance on the Outer Continental Shelf where the applicable law, under the Outer Continental Shelf Lands Act, 43 U. See Louisiana Revised Statutes 40:1231.1
  • Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
  • Originating site: means the location of the patient at the time the service is furnished via a telecommunications system or when the asynchronous store and forward transfer occurs. See Louisiana Revised Statutes 40:1223.3
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means an individual who has been admitted to a hospital for inpatient care and who is eighteen years of age or older. See Louisiana Revised Statutes 40:1226.1
  • Patient: means a natural person, including a donor of human blood, a donor or prospective donor of an organ or tissue, or blood components and a nursing home resident who receives or should have received health care from a licensed health care provider, under contract, expressed or implied. See Louisiana Revised Statutes 40:1231.1
  • Patient: means a natural person who receives, or should have received, health care from a person covered by this Part, or a donor or prospective donor of an organ or tissue, and any other natural person or persons who would or may have a claim or claims for damages under applicable law arising out of, or directly related to, the claim or claims of the natural person who receives, or should have received, health care from a person covered by this Part. See Louisiana Revised Statutes 40:1237.1
  • permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2473
  • permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2533
  • Person: means an individual, corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3573.2
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • person covered by this Part: means :

                (i) The state or any of its departments, offices, agencies, boards, commissions, institutions, universities, facilities, hospitals, clinics, laboratories, health care units, ambulances, ambulance services, university health centers, and other state entities which may provide any kind of health care whatsoever, and the officers, officials, and employees thereof when acting within the course and scope of their duties in providing health care in connection with such state entity; or

                (ii) A person acting in a professional capacity in providing health care services, by or on behalf of the state, including but not limited to a physician, psychologist, coroner, and assistant coroner who is a licensed physician when acting solely in accordance with the Behavioral Health Law as provided in La. See Louisiana Revised Statutes 40:1237.1

  • Physician: means a person with an unlimited license to practice medicine in this state. See Louisiana Revised Statutes 40:1231.1
  • Physician: means a person with a license or permit to practice medicine in this state. See Louisiana Revised Statutes 40:1237.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
  • Position: means any office or employment in the municipal, parish or fire protection district, fire or police service, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2533
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means the amount financed or amount deferred under a consumer credit transaction. See Louisiana Revised Statutes 9:3516
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program: means any of the following:

                (a) Medicaid. See Louisiana Revised Statutes 49:1402

  • Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. See Louisiana Revised Statutes 33:2473
  • Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally involves increased responsibilities and provides increased pay. See Louisiana Revised Statutes 33:2533
  • promotion list: means an employment list, containing the names of eligible persons established from the results of promotion tests given for a particular class of positions; which is not specifically required by this Part to be established from the results of a competitive test. See Louisiana Revised Statutes 33:2533
  • Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2473
  • Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2533
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Re-employment list: means an employment list for the entrance or lowest ranking class in the classified service, or any group of classes that may be grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2533
  • Reemployment list: means an employment list for the entrance or lowest ranking class in the classified service, or in any group of classes as may have been grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2473
  • reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2473
  • reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2533
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: means the spouse, parent, guardian, trustee, attorney or other legal agent of the patient. See Louisiana Revised Statutes 40:1231.1
  • Representative: means a person who is a parent, tutor, curator, spouse, trustee, attorney, or other legal agent of the patient and who is authorized, by and on behalf of the patient, to exercise any of the patient's rights, privileges, or immunities granted by this Section or to fulfill any of the patient's obligations, duties, or forbearances imposed under this Section, because the patient has executed a written authorization and mandate to that effect or because the law operates to that effect due to the status of that patient and his relationship to such person, as when the patient is a minor child and his parent must act for him. See Louisiana Revised Statutes 40:1237.1
  • Residence: means a dwelling that the patient considers to be his home. See Louisiana Revised Statutes 40:1226.1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right to recover losses due to malpractice: means the substantive right in favor of a patient or his representative to receive, subject to the fiscal legislative discretion of appropriation, some measure of compensation in money or services or both from the state, as and to the extent allowed by this Section, toward repairing any injury or losses proximately caused to him by an act of malpractice committed by a state health care provider as defined in this Section. See Louisiana Revised Statutes 40:1237.1
  • Risk: means any health care provider which shall apply for malpractice liability insurance coverage under the provisions of La. See Louisiana Revised Statutes 40:1231.1
  • Risk manager: means an insurance company with no less than an "A" rating according to the then current annual edition of Best's Insurance Reports or a domestic insurance company with assets in excess of ten million dollars chosen by the commissioner according to the public bid laws of the state, to manage the authority. See Louisiana Revised Statutes 40:1231.1
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
  • Secretary: means the office of the secretary of the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 49:1132
  • Seniority: means the following:

                (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously to and including the date of computation. See Louisiana Revised Statutes 33:2473

  • Seniority: means the following:

                (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously, to and including the date of computation. See Louisiana Revised Statutes 33:2533

  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State plan for medical assistance: means the plan promulgated by the department in accordance with its role as designated state agency under Title XIX of the Social Security Act or any successor Act providing funding for medical care for the poor. See Louisiana Revised Statutes 40:1249.2
  • Subpoena: A command to a witness to appear and give testimony.
  • Synchronous interaction: means communication through interactive technology that enables a healthcare provider and a patient at two locations separated by distance to interact via two-way video and audio transmissions simultaneously. See Louisiana Revised Statutes 40:1223.3
  • Telehealth: means healthcare services, including behavioral health services, provided by a healthcare provider, as defined in this Section, to a person through the use of electronic communications, information technology, asynchronous store-and-forward transfer technology, or synchronous interaction between a provider at a distant site and a patient at an originating site, including but not limited to assessment of, diagnosis of, consultation with, treatment of, and remote monitoring of a patient, and transfer of medical data. See Louisiana Revised Statutes 40:1223.3
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tissue bank: means any independent nonprofit facility procuring and processing human organs or tissues for transplantation, medical education, research, or therapy. See Louisiana Revised Statutes 40:1231.1
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.