Louisiana Revised Statutes 37:3386.2 – Addictive Disorder Regulatory Authority
Terms Used In Louisiana Revised Statutes 37:3386.2
- 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
- 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.
- 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
- Quorum: The number of legislators that must be present to do business.
A. The legislature hereby finds it appropriate that the responsibility and authority to regulate the practice of addictive disorder treatment and prevention be exercised by a licensing board created for that purpose.
B. The Addictive Disorder Regulatory Authority (ADRA) is hereby created within the Louisiana Department of Health. The ADRA shall be governed by a board of directors, referred to hereafter in this Chapter as the “board”, consisting of eight voting members, all of whom shall be appointed by the governor, subject to Senate confirmation, as follows:
(1) One member who possesses significant knowledge in the area of addiction from a list of three names submitted by the Louisiana State Medical Society.
(2) One member who possesses significant experience and knowledge in the area of compulsive gambling from a list of three names submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
(3) One member who possesses significant experience and knowledge in the area of prevention from a list of three names submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
(4) One member who possesses significant experience and knowledge in the area of opiate replacement therapy from a list of three names submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
(5) Three members from a list of nine names divided into three groups of three names each submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
(6) One member who is a consumer selected from the state at large.
C. The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity. Members of the board shall serve three-year terms. Members appointed to fill vacancies caused by death, resignation, or removal shall serve the unexpired terms of their predecessors.
D. Members of the board may elect a chairman and such other officers as they deem necessary to carry out the duties and functions of the board. The Addictive Disorder Regulatory Authority may employ persons necessary to carry out the provisions of this Chapter and may fix their compensation. The authority shall employ at least three persons: an executive director, an assistant director, and an administrative assistant. Employees of the board shall be eligible to participate in the state group benefits plan and in the state retirement system.
E. A majority of the members of the board shall constitute a quorum for the transaction of all business.
F.(1) The consumer member of the board shall possess all of the following qualifications:
(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.
(b) Has attained the age of majority.
(c) Has never been licensed by any of the licensing boards identified in La. Rev. Stat. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in La. Rev. Stat. 36:259(A).
(d) Has never been convicted of a felony.
(e) Does not have and has never had a material financial interest in the healthcare profession.
(2) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.
G. It is the intent of the legislature that the board exercise all regulatory jurisdiction over the credentialing and practice of addiction counselors, prevention professionals, persons holding specialty certifications issued by the board, paraprofessionals authorized by this Chapter, and those in training to become addiction counselors and prevention professionals.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2006, No. 427, §2; Acts 2018, No. 206, §3; Acts 2018, No. 206, §3; Acts 2018, No. 515, §§2, 4; Acts 2020, No. 328, §2, redesignated from §3389.