La. Admin. Code tit. 46 § XLV-3507

Current through Register Vol. 50, No. 9, September 20, 2024

Section XLV-3507 - Exceptions to Licensure or Certification Requirements

A. The licensure and certification requirements of this Chapter shall not apply to:

1. clinical laboratory personnel practicing exclusively in, and in the course and scope of their employment by, a clinical laboratory operated by the United States government;

2. clinical laboratory personnel practicing exclusively in, and in the course and scope of their employment by, a nonprofit laboratory operated and maintained exclusively for instruction or research involving no individual patient or public health care service, provided the results of any examination performed in such laboratory are not used directly in the diagnosis, evaluation, or treatment of human disease or disorder;

3. any physician licensed by the board to practice medicine;

4. any individual working under the direction and supervision of a physician licensed by the board in an operating room, theater, emergency room, or intensive care unit;

5. any pulmonary function technician acting within the scope of performance of the practice of respiratory therapy;

6. any clinical perfusionist acting within the scope of practice of perfusion in the support, treatment, measurement, or supplementation of the cardiopulmonary and circulatory system of an individual patient;

7. any health care provider when acting within the scope of practice authorized by his or her licensure, certification, or registration;

8. any individual whose duties include only the performance of waived tests, whether performed in a physician's office laboratory, a hospital clinical laboratory, or at the point of care, and which do not require the exercise of independent judgment;

9. any individual performing phlebotomy or acting as a phlebotomist employed by or acting under the direction and supervision of a physician licensed by the board, a clinic operated by a health care provider authorized by license to perform clinical laboratory testing, a hospital, a nursing home, or other licensed health care facility authorized by licensure to perform clinical laboratory testing;

10. any individual whose duties may include demonstrating or instructing, or both, the use of any automated or digital instrument, device, machine, or similar mechanical equipment and related procedures utilized to assist in the practice of clinical laboratory science, provided the results furnished by such equipment during demonstration or instruction are not used in the diagnosis, evaluation, or treatment of human disease or disorder; or

11. individuals performing forensic testing and examinations of body fluids, tissues, cells, or blood solely for the purpose of law enforcement and the state's criminal justice system.

B. Any individual who is exempt from the requirement of licensure or certification under this Chapter, but who meets the qualifications for licensure or certification under this Chapter, including any individual performing clinical procedures for analysis of nonhuman specimens, shall be considered actively engaged in the practice of clinical laboratory science and may apply for licensure or certification as provided in this Chapter.

La. Admin. Code tit. 46, § XLV-3507

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 20:1286 (November 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(A)(5) and 37:1311-1329.