HB 1216

HLS 26RS-2039  REENGROSSED
 2026 Regular Session
 HOUSE BILL NO. 1216
 BY REPRESENTATIVES EGAN, DICKERSON, FIRMENT, TAYLOR, AND WYBLE
 HEALTH SERVICES: Provides relative to the guidelines for clinical laboratory personnel
1AN ACT
2 To amend and reenact R.S. 37:1312(1), (3), (4),(6) through (12), and (14) and
31313(A)(introductory paragraph) and (B)(2) through (6), 1314(C)(1)(a) through (d),
4(e)(introductory paragraph) and (i), (f), and (g), 1315(A)(2), (3), (10), (11), (14), and
5(15), 1318(A), (B)(1), (C), (D), and (E), 1320, 1321(A)(1) and (3), (B), (C), (D),
61322, 1323(A)(1) and (2), (B), (C), (D)(introductory paragraph), (E)(1), and
7(F)(introductory paragraph), 1324, 1325, 1336(A)(introductory paragraph), (1),
8(10)(introductory paragraph) and (a), (B), and (C), and 1327, to enact R.S.
937:1312(16) through (19), 1313(B)(7), 1321(A)(1)(d), and 1326(A)(10)(g), and to
10repeal R.S. 37:1313(C)(2) through (G), 1315(A)(4), (6), (12), (13), (16) and (17),
111321(A)(2), 1323(A)(3), (D)(1) through (3), (E)(2) and (3), and (F)(1) and (2),
12relative to the governing guidelines for clinical laboratory personnel; to provide for
13definitions; to provide for exemptions for licensure; to provide for the Clinical
14Laboratory Personnel Committee; to provide for the powers and duties of the
15committee; to provide for the application for licensure and certification
16examinations; to provide for licensure without examination; to provide for license
17or certificate renewal and waiver of renewals; to provide for fees; to provide for
18temporary permits and limited renewal; to provide for qualifications of clinical
19laboratory personnel; to provide for licenses in training; to provide for the issuance
20of licenses or certificates; to provide for causes for denial, suspension, probation,
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1restriction, or revocation of a license or permit or permit renewal; to provide for
2penalties; and to provide for related matters.
3 Be it enacted by the Legislature of Louisiana:
4Section 1.        R.S. 37:1312(1), (3), (4),(6) through (12), and (14) and
5 1313(A)(introductory paragraph) and (B)(2) through (6), 1314(C)(1)(a) through (d),
6 (e)(introductory paragraph) and (i), (f), and (g), 1315(A)(2), (3), (10), (11), (14), and (15),
7 1318(A), (B)(1), (C), (D), and (E), 1320, 1321(A)(1) and (3), (B), (C), (D), 1322, 1323(A)(1)
8 and (2), (B), (C), (D)(introductory paragraph), (E)(1), and (F)(introductory paragraph), 1324,
9 1325, 1336(A)(introductory paragraph), (1), (10)(introductory paragraph) and (a), (B), and
10 (C), and 1327, are hereby amended and reenacted and R.S. 37:1312(16) through (19),
11 1313(B)(7), 1321(A)(1)(d), and 1326(A)(10)(g) are hereby enacted to read as follows:
12§1312. Definitions
13As used in this Part, the following terms have the following meanings, unless
14the context requires otherwise:
15(1) "Approved school" or "training program" means an accredited school
16or training program approved by the committee and the board which offers
17instruction in any area of the practice of clinical laboratory science approved by the
18committee and the board.
19*        *  *
20(3) "Clinical cytotechnology cytology" means the microscopic study or
21examination of body fluids, tissues, or cells desquamated from a body surface or
22lesion for the practice of clinical laboratory science, including but not limited to
23detecting malignancy and microbiologic changes and the measurement of hormonal
24levels.
25(4) "Clinical laboratory" means any building, place, or facility in which an
26operation and procedure for the biological, microbiological, serological,
27immunological, chemical, immunohematological, hematological, biophysical,
28cytological, pathological, or other examinations of materials derived from the human
29body is performed to provide information for the diagnosis, prevention, or treatment
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1of any disease or impairment of, or the assessment of the health of human beings or
2for forensic testing. These examinations include, but are not limited to, procedures
3to determine, measure, or otherwise describe the presence or absence of various
4substances or organisms in the human body. A facility which only collects or
5prepares specimens, or both, or only serves as a mailing service and does not perform
6on site testing is not a clinical laboratory. A laboratory that performs workplace drug
7testing shall be covered under this definition unless such testing is specifically
8excluded from coverage under the Clinical Laboratory Improvement Amendments
9of 1988 and regulations promulgated thereunder.
10*        *  *
11(6) "Clinical Medical laboratory scientist-generalist scientist" or " CLS-G
12MLS" means an individual who performs clinical laboratory tests and procedures in
13all specialty areas of a clinical laboratory which require the exercise of independent
14judgment and responsibility, including but not limited to the performance of all
15laboratory tests as stated in the Clinical Laboratory Improvement Amendments of
161988 and the rules and regulations promulgated pursuant thereto. The clinical
17medical laboratory scientist-generalist scientist may perform the functions of all
18categories licensed in this Part with the exception of the cytotechnologist cytologist.
19(7) " Clinical Medical laboratory scientist-specialist scientist categorical" or
20" CLS-S MLS" means an individual performing clinical laboratory science in one or
21more laboratory specialties and who performs functions limited directly related to
22such particular laboratory specialty or specialties as provided for in this Part or in
23rules and regulations adopted by the board as recommended by the committee. The
24clinical laboratory scientist-specialist may perform the functions of the laboratory
25assistant and the phlebotomist without additional licensure or certification.
26(8) " Clinical Medical laboratory scientist-technician technician" or " CLS-T
27MLT" means an individual who performs medical laboratory tests and procedures
28of high and moderate complexity as defined in 42 Code of Federal Regulations Part
29493 et seq., which do not require the exercise of independent judgment or
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1responsibility within any area of clinical laboratory science. The medical laboratory
2technician may perform the functions of all categories of clinical laboratory
3personnel licensed and certified in accordance with the Part except those of a
4cytologist. The clinical laboratory scientist-technician shall perform tests and
5procedures of high complexity under supervision as defined in the Clinical
6Laboratory Improvement Amendments of 1988 and the rules and regulations
7promulgated pursuant thereto. The clinical laboratory scientist-technician may
8perform the functions of the laboratory assistant and the phlebotomist without
9additional licensure or certification.
10(9)    "Committee" means the Clinical Laboratory Personnel Advisory
11Committee to the Louisiana State Board of Medical Examiners established by R.S.
1237:1314.
13(10) "Cytotechnologist Cytologist" means an individual responsible for
14examining cytopathological preparations which require the exercise of independent
15judgment and responsibility.
16(11) "Laboratory assistant" or "LA" means an individual who performs
17medical waived and moderate complexity laboratory tests and procedures under
18supervision by a licensed health care provider or laboratory director as defined in 42
19Code of Federal Regulations Part 493 et seq. These medical laboratory tests and
20procedures performed by the laboratory assistant do not require the exercise of
21independent judgment or responsibility within any area of clinical laboratory science.
22The laboratory assistant may not perform high complexity tests under supervision
23as stated in the Clinical Laboratory Improvement Amendments of 1988 ("CLIA")
24and the rules and regulations promulgated pursuant thereto.
25(12)     "Nationally recognized certification examination" means an
26examination approved by the board upon the recommendation of the committee.
27administered by an agency that is nationally accredited, or in the absence thereof, an
28examination approved by the board.
29*  *        *
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1(14) "Practice of clinical laboratory science" means the performance by any
2individual, other than a physician licensed by the board, of laboratory testing,
3instrument operation, analysis, or examination of human specimens.
4*        *  *
5(16) "Laboratory specialty" means any category or subcategory recognized
6as a specialty by a certifying agency for the category of medical laboratory
7scientist-categorical, including but not limited to the categories of hematology,
8microbiology, chemistry, and immunohematology.
9(17) "Trainee" means an individual who has not fulfilled the educational
10requirements to take an approved nationally recognized certification examination or
11who needs to obtain full-time comprehensive experience under supervision, or a
12returning practitioner as provided for by rule. A trainee is not allowed to report
13results.
14(18) "Temporary permit" means a permit for a graduate of a National
15Accrediting Agency for Clinical Laboratory Sciences accredited program who has
16not successfully passed the national certification examination who is eligible for
17employment and training and is allowed to report results.
18(19) "Waived test" means routine technical procedures performed under or
19eligible for a certificate of waiver under CLIA.
20§1313. Exemptions to licensure or permit
21A. This Part shall apply to clinical laboratory personnel performing the
22practice of clinical laboratory science in a clinical laboratory in this state except
23those practicing in exclusively and in the course and scope of their employment by
24either:
25*        *  *
26B. This Part shall not apply to:
27*        *  *
28(2) Any individual working under the direction and supervision of such a
29physician in an operating room, theater, emergency room, or intensive care unit Any
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1respiratory therapist acting within the scope of performance of the practice of
2respiratory therapy.
3(3)   Any pulmonary function technician acting within the scope of
4performance of the practice of respiratory therapy Any clinical perfusionist acting
5within the scope of practice of perfusion in the support, treatment, measurement, or
6supplementation of the cardiopulmonary and circulatory system of an individual
7patient.
8(4) Any clinical perfusionist acting within the scope of practice of perfusion
9in the support, treatment, measurement, or supplementation of the cardiopulmonary
10and circulatory system of an individual patient Any individual whose duties include
11only the performance of routine technical procedures under or eligible for a
12certificate of waiver in accordance with 42 Code of Federal Regulations Part 493 et
13seq., whether performed in a physician's office laboratory, a hospital's clinical
14laboratory or at the point of care, and which do not require the exercise of
15independent judgment or responsibility.
16(5) Any individual licensed as a health care provider. Any individual
17performing phlebotomy or acting as a phlebotomist employed by or acting under the
18direction and supervision of a physician licensed by the board or employed by one
19of the following:
20(a) A clinic operated by a licensed health care provider.
21(b) A hospital, a nursing home, or other licensed health care facility.
22(6) Any other licensed allied health care professional Any individual whose
23duties may include demonstrating or instructing, or both, the use of any automated
24or digital instrument, device, machine, or similar mechanical equipment and related
25procedures utilized to assist in the practice of clinical laboratory science, provided
26the results furnished by such equipment during such a demonstration or instruction
27are not used in the diagnosis, evaluation, or treatment of human disease or disorder.
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1(7) Any individual performing forensic testing and examinations of body
2fluids, tissues, cells, or blood solely for the purpose of law enforcement and the
3state's criminal justice system.
4§1314.      Clinical Laboratory Personnel Committee; creation; membership;
5 qualification; appointment; term; vacancy; officers; meetings; reimbursement
6*        *  *
7C.(1) The governor shall appoint ten members of the committee, subject to
8Senate confirmation, as follows:
9(a) One clinical medical laboratory scientist-generalist scientist, who has
10been employed in a supervisory or administrative capacity.
11(b) One clinical medical laboratory scientist-generalist scientist, who has
12been actively engaged in clinical laboratory science education.
13(c) One clinical medical laboratory scientist-generalist scientist, not holding
14a degree above the baccalaureate level.
15(d) One clinical medical laboratory scientist-technician technician.
16(e) One clinical medical laboratory scientist-specialist scientist categorical
17appointed from a list of four names compiled by the submission of two names from
18each of the following two organizations:
19(i) Louisiana Society for Clinical Laboratory Science or its successor.
20*        *  *
21(f) One clinical medical laboratory scientist-generalist scientist who is in a
22supervisory or administrative capacity appointed from a list of three names submitted
23by the Louisiana Hospital Association.
24(g) One cytotechnologist cytologist appointed from a list of three names
25submitted by the Clinical Laboratory Personnel Association.
26*        *  *
27§1315. Powers and duties of the committee
28A. The committee shall:
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1(2) As the administrative, technical, and specialty committee of the board,
2examine and recommend that the board license or certify, renew a license of or
3certificate of issue licenses or permits, renew licenses or permits, and issue
4temporary licenses permits to duly qualified applicants for licensure or certification
5permit as clinical laboratory personnel and recommend to the board the denial,
6suspension, probation, restriction, or revocation of licensure or certification to any
7individual who violates the provisions of this Part.
8(3) Recommend to the board rules and regulations which document the
9appropriate training and competency of clinical laboratory personnel who are
10engaged in the practice of clinical laboratory science in a clinical laboratory operated
11by a physician licensed by the board exclusively in connection with the diagnosis
12and treatment of his own patients. Such rules shall be based upon, and shall not
13exceed, the scope and standards contained in the Clinical Laboratory Improvement
14Amendments of 1988 and the rules and regulations promulgated pursuant thereto
15Recommend to the board for promulgation the minimum standards for the
16accreditation of educational programs to instruct individuals training for all clinical
17laboratory licenses and permits.
18*        *  *
19(10) Provide structured continuing education programs to assist clinical
20laboratory personnel to qualify for advanced licensure in other licensure categories
21and to fulfill the continuing education requirements for the following:
22(a) Clinical Medical laboratory scientist-generalist scientist.
23(b) Clinical Medical laboratory scientist-specialist scientist categorical.
24(c) Clinical Medical laboratory scientist-technician technician.
25(d) Cytotechnologist Cytologist.
26(e) Laboratory assistant.
27(f) Phlebotomist.
28(11) Recommend criteria for applicants who must complete employment
29requirements as in-training licensees to practice clinical laboratory science under
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1supervision to be eligible for and successfully complete a nationally recognized
2certification examination as approved by the board upon recommendation of the
3committee.
4*        *  *
5(14) Annually publish and make available a register of all individuals
6licensed or certified permitted under this Part, including the name and license or
7certificate permit number of each licensee or certificate permit holder.
8(15) Have all other powers necessary and proper to the performance of its
9duties.
10*        *  *
11.§1318. Licensure and certification permitting; examination; application
12A. No individual shall act as or perform the duties of a clinical medical
13laboratory      scientist-generalist     scientist,    clinical   medical   laboratory
14scientist-specialist     scientist    categorical,     clinical   medical   laboratory
15scientist-technician technician, laboratory assistant, or cytotechnologist cytologist
16unless that individual possesses a current license issued pursuant to this Part or is
17exempt from the provisions of this Part. No individual shall act as or perform the
18duties of a phlebotomist unless that individual possesses a current certificate permit
19issued pursuant to this Part or is exempt from the provisions of this Part. Each
20license or certificate shall be effective for the calendar year beginning January first
21and ending December thirty-first in which it is issued.
22B.(1) Each applicant for a license or certificate permit, except a laboratory
23assistant, shall successfully complete an examination recommended or administered
24by the committee and approved by the board, unless the applicant qualifies for
25licensure without examination as provided in this Part. board.
26*        *  *
27C. Application for license or certification permit shall be on forms provided
28by the committee and by means as prescribed by the board, shall be accompanied by
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1the prescribed fee, and shall be issued for the laboratory personnel licensure category
2for which the applicant qualifies.
3D. An applicant may be licensed, or certified, licensed in each laboratory
4personnel licensure category for which he the applicant duly qualifies.
5E. A certificate or license, except a temporary license permit, shall be valid
6for a period of one year as specified in the rules, unless suspended or revoked.
7*       *       *
8§1.320. License or certificate permit renewal; waiver of renewals while in the
9military
10A. Each license or certificate permit shall be renewed annually, before
11January first of each year, by forwarding to the board a renewal application on a
12form recommended by the committee and adopted by the board accompanied by a
13renewal fee as provided in this Part. Each licensee or certificate permit holder, upon
14making application for renewal of a license or certificate permit, shall submit
15evidence of fulfillment of continuing education requirements satisfactory to the
16board.
17B. The committee may recommend and the board may continue licensure or
18certification permitting without application for renewal for any clinical laboratory
19personnel licensed or certified permitted under in accordance with this Part while the
20individual is in the active military service of the United States or any of its allies,
21upon notification by the licensee or certificate permit holder to the committee of that
22fact.
23§1321. Fees; license, certification permit, renewal, delinquent
24A.(1) Except as provided in Paragraph (3) of this Subsection, the license fee
25and the renewal fee, shall be as follows:
26(a)     Clinical Medical laboratory scientist (all categories)   $ 50.00 60.00
27(b)     Cytotechnologist Cytologist  $ 50.00 60.00
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1(c)   Laboratory assistant  $ 25.00 30.00
2(d)   Phlebotomist  $ 40.00
3*       *       *
4(3) (2) Fees collected by the board for licensure or certification permitting
5and renewal to practice clinical laboratory science for calendar year 1997 and each
6year thereafter shall be fixed by the board upon the recommendation of the
7committee by rules and regulations promulgated pursuant to the Administrative
8Procedure Act, not to exceed the amounts established in Paragraphs (1) and (2) of
9this Subsection. Act.
10B. A delinquent fee of not more than fifty dollars, in addition to the renewal
11fee, shall be collected if a license or certificate permit is not renewed by February
12first of each year.
13C. The fee for issuing a duplicate license or certificate permit shall not
14exceed ten twelve dollars.
15D. An individual whose license or certificate permit has lapsed and who has
16not been actively engaged in the practice of clinical laboratory science for not more
17less than seven five years may have his license or certificate permit reinstated upon
18payment of the renewal fee and the delinquent fee and submission of evidence
19satisfactory to the board that he the applicant has fulfilled continuing education
20requirements as promulgated by the board upon recommendation of the committee.
21§1322. Temporary license permit; limited renewal; fee permit
22A. An applicant for a license as a clinical medical laboratory
23scientist-generalist scientist, clinical medical laboratory scientist-specialist scientist
24categorical, clinical medical laboratory scientist-technician, technician, or
25cytotechnologist cytologist who has fulfilled the educational qualifications to take
26the licensing certification examination may be granted a temporary license permit
27to engage in the practice of clinical laboratory science in the category for which he
28the applicant is qualified until six weeks after the date of the next licensing
29examination. In the event If the applicant for a license as a clinical medical
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1laboratory    scientist-generalist    scientist,    clinical   medical     laboratory
2scientist-specialist   scientist   categorical,     clinical   medical     laboratory
3scientist-technician, technician, or cytotechnologist cytologist does not successfully
4complete the licensing certification examination, that applicant's temporary license
5may, at the discretion of the committee, be renewed once until six weeks after the
6subsequent licensing examination. permit will expire six months after its issuance
7and may not be renewed.
8B. The fee for a temporary license permit shall be the fee required for the
9category in which the license is issued corresponding license as governed by R.S.
1037:1321, pro-rated for the portion of the year until the next license examination.
11§1323. Qualifications of clinical medical laboratory scientist-generalist scientist;
12clinical medical laboratory scientist-specialist scientist categorical; clinical
13medical laboratory scientist-technician; technician; cytotechnologist;
14cytologist; laboratory assistant; and phlebotomist
15A.     Each applicant for licensure as a clinical medical laboratory
16scientist-generalist scientist shall meet one of the following requirements:
17(1) Possess a baccalaureate degree from an accredited medical laboratory
18science program, college or university, fulfill the educational requirements necessary
19to enroll in a successfully complete an approved medical laboratory science program,
20or its equivalent, in an approved school of medical technology laboratory science,
21complete one year of full-time clinical laboratory experience, or its equivalent, in an
22approved school of medical technology, and successfully complete and pass a
23nationally recognized certification examination, examination as approved by the
24board upon recommendation by the committee. The required year of full-time
25clinical laboratory experience may be included in the curriculum for the
26baccalaureate degree or may be post-graduate.
27(2)    Complete the educational, clinical, and employment experience
28requirements, if any, educational requirements necessary to be eligible, for and
29successfully complete pass a nationally recognized certification examination, all of
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1which are approved by the board, and complete one year of full-time clinical
2experience upon recommendation by the committee.
3*       *      *
4B.     Each applicant for licensure as a clinical medical laboratory
5scientist-specialist scientist categorical shall possess a doctoral, master, or
6baccalaureate degree from an accredited college or university with a major in one of
7the chemical, physical, chemical or biological sciences and shall complete the
8educational, clinical, and employment experience requirements, if any, requirements
9necessary to be eligible for and shall pass successfully complete a nationally
10recognized certification examination in a laboratory specialty, all of which are
11approved by the board upon recommendation by the committee.
12C.     Each applicant for licensure as a clinical medical laboratory
13scientist-technician technician shall meet one of the following requirements:
14(1)    Successfully fulfill the requirements of an accredited educational
15program for an associate degree in clinical medical laboratory science and
16successfully complete pass a nationally recognized certification examination
17approved by the board upon recommendation by the committee.
18(2)    Complete the educational, clinical, and employment experience
19requirements, if any, educational requirements necessary to be eligible for, and pass
20and successfully complete a nationally recognized certification examination, all of
21which are approved by the board upon recommendation by the committee
22examination approved by the board, and complete one year of full-time clinical
23experience.
24D. Each applicant for licensure as a cytotechnologist cytologist shall meet
25one of the following requirements: possess a baccalaureate degree from an accredited
26college or university, fulfill the educational requirements necessary to enroll in a
27school of cytology, complete one full year of full-time cytology experience or its
28equivalent in an approved school of cytology, and successfully complete a nationally
29recognized certification examination approved by the board. The required year of
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1full-time cytology experience may be included in the curriculum for the
2baccalaureate degree or may be post-graduate.
3*       *       *
4E.(1) Each applicant for licensure as a laboratory assistant shall, at a
5minimum, possess a high school diploma or its equivalent as approved by a state
6department of education and document training as evidence of competency in basic
7laboratory science or successfully complete a nationally recognized certification
8examination recommended by the committee approved by the board. Prior to a
9laboratory assistant performing a moderate complexity testing, he shall document to
10his employer or laboratory director evidence of competency and training appropriate
11for that specific testing shall be documented by a medical doctor, medical laboratory
12scientist, or cytologist. Any documentation which satisfies the corresponding
13qualifications of the Clinical Laboratory Improvement Amendments of 1988 shall
14satisfy the documentation requirement of this Section.
15*       *       *
16F. Each applicant for certification as a phlebotomist permit shall meet one
17of the following requirements: fulfill the training and competency requirements
18necessary to be eligible for and successfully complete a certification examination.
19*       *       *
20§1324. License in training
21A. The board upon the recommendation of the committee, shall may issue
22a license in training to an individual who has not fulfilled the educational
23requirements to take a license certification examination or needs to obtain full-time
24comprehensive experience under supervision, or both, in any license category. A
25license in training shall allow an individual to engage in the practice of clinical
26laboratory science under supervision. The length of duration of each such license in
27training, its renewal, if any, and the specific requirements for appropriate supervision
28for each category of licensure shall be established by the board upon the
29recommendation of the committee by the promulgation of rules and regulations. The
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1fees for issuing a license in training for each category of licensure established by this
2Part shall be governed by the provisions of R.S. 37:1321.
3B.   An applicant who is certified by a national certification agency
4recognized by the board, but who has not engaged in the practice of clinical
5laboratory science within the last ten five years and has not maintained the
6continuing education requirements as approved by the board, upon recommendation
7of the committee, shall be granted a license in training to engage in the practice of
8clinical laboratory science in the category for which he is otherwise qualified until
9the supervised retraining period and the continuing education requirements as
10approved by the board are completed.
11§1325. Issuance of license or certificate permit
12If an applicant meets the requirements of this Part, the board shall issue the
13applicant a license or certification permit to practice clinical laboratory science
14within the specific category of licensure or certification permit for which the
15applicant qualifies as defined in this Part.
16§1326. Causes for denial, suspension, probation, restriction, or revocation of a
17license or certification permit or license or certification permit renewal
18A. The board, upon the recommendation of the committee, may deny,
19suspend, probate, restrict, or revoke the issuance or renewal of a license or
20certification permit, after notice and an opportunity for a hearing pursuant to the
21Administrative Procedure Act, upon a preponderance of evidence showing any of the
22following when such activity is not authorized by the provisions of this Part:
23(1) Performing, attempting to perform, or permitting anyone to perform any
24clinical laboratory procedure or category of procedures not authorized by license or
25certification permit.
26*       *       *
27(10) Unprofessional conduct, which may be further defined and as defined
28in rules promulgated by the board in accordance with the Administrative Procedure
29Act, includes including but is not limited to the following:
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1(a) Sexual or disruptive misconduct or disruptive behavior which manifests
2as aberrant behavior, harassment, or both, through personal interaction with
3physicians, employees, coworkers, hospital personnel, healthcare professionals,
4patients, family members, or others, or which interferes with or could reasonably be
5expected to interfere with the work of clinical laboratory personnel.
6*      *       *
7(g) Refusal to submit to an examination and inquiry by an examining
8committee of physicians appointed by the board to inquire into the licensee's or
9permittee's physical or mental fitness and ability to practice medical (clinical)
10laboratory science with reasonable skill or safety to patients.
11B. The board, upon the recommendation of the committee, board may
12reinstate any license or certificate permit previously suspended, probated, restricted,
13or revoked.
14C. The board, upon the recommendation of the committee, or as a condition
15of the reinstatement of any license or certificate permit suspended, probated,
16restricted, or revoked, may require any licensee or certificate permit holder to pay
17all costs of the committee or board proceedings, including any investigator, clerical,
18or attorney's fees.
19*      *       *
20§1327. Penalties
21Any individual who engages or attempts to engage in the practice of clinical
22laboratory science who has not been licensed or certified in accordance with this Part
23shall be guilty of a misdemeanor and subjected to the following penalties for
24violation of any provision of this Part:
25(1) For the first offense, the fine shall not be more than five six hundred
26dollars.
27(2) For the second offense, the fine shall not be more than one thousand two
28hundred dollars.
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HLS 26RS-2039  REENGROSSED
  HB NO. 1216
1(3) For the third and each subsequent offense, the fine shall not be more than
2two thousand four hundred dollars for each offense.
3Section 2. R.S. 37:1313(C)(2) through (G), 1315(A)(4), (6), (12), (13), (16) and (17),
4 1321(A)(2), 1323(A)(3), (D)(1) through (3), (E)(2) and (3), and (F)(1) and (2) are hereby
5 repealed in their entirety.
6Section 3. Any entity subject to accreditation by the provisions of this Act shall
7 have until August 1, 2028, to obtain accreditation in compliance with the provisions of this
8 Act. An entity that fails to obtain accreditation by August 1, 2028, shall be subject to
9 adverse action or penalties as provided for in law.
  DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1216 Reengrossed  2026 Regular Session  Egan
Abstract: Provides relative to the governing guidelines for Louisiana Clinical Laboratory
  Personnel.
Present law provides for definitions relevant to Louisiana Clinical Laboratory Personnel.
Proposed law adds "training program" that offers instruction in the practice of clinical
laboratory science.
Proposed law changes "cytotechnology" to "cytology" throughout present law and proposed
law.
Proposed law changes "Clinical laboratory scientist-generalist" and "CLS-G" to "Medical
laboratory scientist" and "MLS" throughout present law and proposed law.
Proposed law changes "Clinical laboratory scientist-specialist" or "CLSS" to "Medical
laboratory scientist-categorical" or "MLS-C" throughout present law and proposed law.
Proposed law changes "Clinical laboratory scientist-technician" or "CLS-T" to "Medical
laboratory technician" and "MLT" throughout present law and proposed law.
Proposed law permits an MLT to perform the functions of all licensed and certified clinical
laboratory personnel except for cytologists.
Proposed law changes "Clinical Laboratory Personnel Committee" to "Clinical Laboratory
Personnel Advisory Committee".
Proposed law allows laboratory assistants to perform waived and moderate complexity tests
and procedures, but prohibits high complexity tests.
Proposed law provides that the certification examination must be administered by an agency
that is nationally accredited or an examination approved by the board.
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HLS 26RS-2039  REENGROSSED
  HB NO. 1216
Proposed law adds instrument operation to the definition of "practice of clinical laboratory
science".
Proposed law adds definitions for "laboratory specialty", "trainee", "temporary permit", and
"waived test".
Present law provides for exemptions to licensure for clinical laboratory personnel practicing
laboratory science in a clinical laboratory.
Proposed law provides for present law and adds exemptions for permits and those practicing
exclusively in the course and scope of their employment.
Proposed law removes the provision that permits individuals working under the direct
supervision of a physician in certain settings and allows respiratory therapists to act within
the scope of respiratory therapy.
Present law permits pulmonary technicians to act within the scope of practice of respiratory
therapy.
Proposed law removes present law and includes perfusionists acting within the scope of
perfusion support, treatment, measurement, or supplementation of the cardiopulmonary and
circulatory system of an individual patient.
Present law provides for perfusionists acting within the scope of perfusion practice.
Proposed law removes present law and includes individuals whose duties include the
performance of technical procedures in accordance with 42 CFR 493 et seq.
Present law permits any individual licensed as a healthcare provider to operate as a clinical
laboratory personnel.
Proposed law removes any individual licensed as a healthcare provider to include any
individual performing phlebotomy or acting as a phlebotomist who is employed by or under
the direct supervision of a licensed physician.
Present law permits any other licensed allied health care professional.
Proposed law removes any other licensed allied health care professional to include 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.
Proposed law provides for individuals performing forensic testing and examinations.
Proposed law provides for individuals who are exempt from the licensure requirement under
present law, but these individuals meet the qualifications for licensure under proposed law.
Present law provides for the Clinical Laboratory Personnel Committee membership,
qualifications, appointment, and term limits.
Proposed law makes technical changes.
Present law provides for the power and duties of the committee.
Proposed law allows the board to issue licenses or permits and renew licenses or permits.
Proposed law permits recommendations to the board for promulgating the minimum
standards for accreditation of educational standards.
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HLS 26RS-2039  REENGROSSED
  HB NO. 1216
Present law provides for licensing and renewal fees.
Proposed law changes the fee amounts and includes phlebotomists in the fee schedule.
Present law provides for temporary permits.
Proposed law provides for technical changes, establishes a six-month expiration for
temporary permits, and prohibits renewals after the six-month expiration.
Present law provides for qualifications of clinical laboratory scientist-generalist, clinical
laboratory scientist-specialist, clinical laboratory scientist-technician, cytotechnologist,
laboratory assistant, and phlebotomist.
Proposed law changes the names of some of the listed professions.
Proposed law provides for applicants to possess a baccalaureate degree from an accredited
medical laboratory science program, successfully complete an approved medical laboratory
science program or its equivalent, and to have one year of full-time clinical experience.
Present law provides reasons for denials, suspension, probation, restriction, or revocation
of licenses or permits.
Proposed law specifies disruptive behavior and refusal to submit to an examination by
committee physicians of a licensee's physical or mental fitness and ability as grounds for
license or permit denial, suspension, probation, restriction, or revocation.
Present law provides for penalties.
Proposed law increases fine amounts for first offenses from $500 to $600, for second
offenses from $1,000 to $1,200, and for third offenses from $2,000 to $2,400 for each
offense.
Proposed law provides that entities subject to accreditation under proposed law have until
August 1, 2028, to be in compliance with accreditation standards and that entities that fail
to do so shall be subject to adverse actions.
(Amends R.S. 37:1312(1), (3), (4),(6)-(12), and (14) and 1313(A)(intro. para.) and (B)(2)
-(6), 1314(C)(1)(a)-(d), (e)(intro. para.) and (i), (f), and (g), 1315(A)(2), (3), (10), (11), (14),
and (15), 1318(A), (B)(1), (C), (D), and (E), 1320, 1321(A)(1) and (3), (B), (C), (D), 1322,
1323(A)(1) and (2), (B), (C), (D)(intro. para.), (E)(1), and (F)(intro. para.), 1324, 1325,
1236(A)(intro. para.), (1), (10)(intro. para.) and (a), (B), and (C), and 1327, Adds R.S.
37:1312(16)-(19), 1313(B)(7), 1321(A)(1)(d), and 1326(A)(10)(g), and Repeals R.S.
37:1313(C)(2)-(G), 1315(A)(4), (6), (12), (13), (16) and (17); 1321(A)(2), 1323(A)(3),
(D)(1)-(3), (E)(2) and (3), and (F)(1) and (2))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
  the original bill:
1.      Provide that entities subject to accreditation under proposed law have until
  August 1, 2028, to be in compliance with accreditation standards and that entities
  that fail to do so shall be subject to adverse actions.
2.      Make technical changes.
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