| Advisory opinion request as to the propriety of the Louisiana Board of Examiners in Dietetics and Nutrition (LBEDN) creating a scholarship fund for dietitians and nutritionists who are licensed by LBEDN. |
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Louisiana Board of Examiners in Dietetics and Nutrition (LBEDN) is a state agency within the Louisiana Department of Health responsible for licensing dietitians and nutritionists employed by public and private entities within the state of Louisiana. LBEDN recently entered into a contract with the Healthcare Professionals Foundation of Louisiana (HPFL) to facilitate the Professionals' Health Program (Program). Pursuant to the contract, HPFL offers assistance to licensed dietitians and nutritionists whose ability to practice their profession is compromised by virtue of alcoholism, substance abuse, chemical dependency, psychiatric or other mental or physical conditions. HPFL monitors the professional and documents their progress in recovery. Licensed dietitians and nutritionists participating in the Program are required to pay for services such as evaluations and the costs of monthly screening which can be very costly.
LBEDN would like to create a scholarship fund to help participants cover the costs of the Program. LBEDN is considering allowing its licensees to voluntarily donate monies at the time of licensure renewal that would go directly into an account dedicated to provide assistance to licensed dietitians and nutritionists who want to complete the Program but cannot afford to do so. No individual member of LBEDN will solicit voluntary donations for the scholarship fund from licensees. LBEDN would have control over the scholarship fund and will send the money collected directly to HPFL to use on behalf of the individual who qualifies for a scholarship.
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La. R.S. 42:1111A(1)(a) provides that no public servant shall receive anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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