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II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

The American Graded Stakes Committee is requiring that a state adopt the model rule, recommended by Association of Racing Commissioners International, by January 1, 2009, or the grades status of the state's (track's) races will be taken away. Removal of the graded status will negatively affect Delta Downs, Fair Grounds, and Louisiana Downs and the twelve most prestigious races run in Louisiana, including the Million Dollar Jackpot, Super Derby, Louisiana Derby, and the New Orleans Handicap.

Additionally, the Breeders Cup Limited has allocated approximately $250,000 total for purses for Fair Grounds and Louisiana Downs for 2009 which would be forfeited if this rule is not implemented.

As a result, attendance and wagering will likely be decreased, which will affect the handle, causing a significant loss of self-generated revenue for the Racing Commission.

III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

Passage of this rule would result in economic benefits to racing associations if wagering activity increases due to bettor confidence in horseracing.

IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

Passage of this rule will not affect employment for the Racing Commission. However, it should lace Louisiana tracks in a more favorable competitive environment with other tracks around the country.

Charles A. Gardiner III

H. Gordon Monk

Executive Director

Legislative Fiscal Officer

0810#018

Legislative Fiscal Office

NOTICE OF INTENT

Department of Health and Hospitals

Board of Chiropractic Examiners

Chiropractic Professional Conduct and Due Process Procedures for Ethics Violations (LAC 46:XXVII.301, 306, 307, 308, 310, 318, 320 and 501)

The Board of Chiropractic Examiners, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., and relative to its authority to adopt, amend or repeal rules provided by R.S. 37:2804, proposes revisions to Chapters 3 and 5 of LAC 46:XXVII.

The Board of Chiropractic Examiners proposes the following revisions to Chapters 3 and 5 of LAC 46: 46:XXVII: to repeal LAC 46:XXVII.301, Use of Steel Balls, because this technique is a type of meridian therapy. Meridian therapy to treat the functional integrity of the spine is within the scope of chiropractic in Louisiana; to repeal LAC 46:XXVII.306, Itemized Patient Billing, due to changes in patient billing; to amend LAC 46:XXVII.307, Advertising Practices, for clarification purposes and due to increased electronic advertising; to repeal and amend various Sections of LAC 46:XXVII.308, Disclosures in Advertising, in part, to include internet advertising; to amend various Sections of LAC 46:XXVII.310, Accident and Disaster Solicitation, to regulate and enforce telephone solicitation and solicitation of accident or disaster victims; to repeal LAC 46:XXVII.318, Specialty Register, in order to simplify the criteria and/or guidelines for specialties due to

the limiting nature of the list of specialties; to promulgate LAC 46:XXVII.320, Specialty Advertising, to regulate and enforce specialty advertising, as well as to simplify the criteria and/or guidelines for specialties; to amend LAC 46:XXVII.501, for clarification purposes, changing "Ethical Standards of Chiropractors" to "ethical standards of chiropractors."

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part XXVII.  Chiropractors

Chapter 3.Professional Conduct

§301.Use of Steel Balls

Repealed.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:2801.

HISTORICAL NOTE:Promulgated by the Department of Health and Human Resources, Board of Chiropractic Examiners, LR 2:51 (February 1976), repealed by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 35:

§306.Itemized Patient Billing

Repealed.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:2803.E.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 15:963 (November 1989), amended LR 17:968 (October 1991), repealed LR 35:

§307.Advertising Practices

A. - B....

C.Testimonials may be used if the word "ADVERTISEMENT" in capital letters of larger type size than the largest text of the testimonial appears directly above the testimonial. The doctor is responsible for any false, deceptive or misleading statements in the testimonial.

D. - D.1.a....

b.Repealed.
c.that additional services or goods which are subject to a charge shall not be rendered until such charges are disclosed in writing to the patient;
2.Repealed.
3....

E.1.Repealed.

2....

F.Any advertisement that mentions automobile liability insurance shall state that “policy limitations apply” and must be in bold print. Any electronic advertisements must state that "policy limitations apply."

G. - H....

I.Cash or in-kind payments for patient referrals is prohibited.

J. - K....

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:2816.F.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 2:51 (February 1976), amended LR 5:174 (July 1979), LR 13:343 (June 1987), amended by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 15:963 (November 1989), LR 17:968 (October 1991), LR 22:191 (March 1996), LR 35:

§308.Disclosures in Advertising

A. - A.1....

2.Repealed.

B....

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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