Meetings
 
Agenda Item
Docket No. 21-1058
 
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RE:
Advisory Opinion request from Roy Baas, Chairman of the Addictive Disorder Regulatory Authority, regarding the hiring of a new Executive Director.
Facts:
The Addictive Disorders Practice Act (La. R.S. 37:3386, et seq.) created ADRA, as an agency within the Louisiana Department of Health, to regulate the practice of addictive disorder treatment and prevention. ADRA is governed by an eight-member Board of Directors. The ADRA Board exercises all regulatory jurisdiction over the credentialing and practice of addiction counselors, prevention professionals, persons holding specialty certifications, paraprofessionals, and those in training to become addiction counselors and prevention professionals. Each category of professional subject to licensing by ADRA must meet the licensing standards required by the specific statute applicable to their license. (La. R.S. 37:3387.1 - 3387.14). The license applications are reviewed by ADRA employees to ensure all requirements are met. The license application is then presented to the ADRA Board for issuance.


The license renewal process, as set forth in La. R.S. 37:3388, requires each licensed, certified, and registered addiction counselor to renew credentials every two years by providing documentation of successful completion of 48 hours of approved continuing education courses during the two-year period prior to renewal. Renewal requirements for other credentials are provided throughout the statutes, with each license requiring a specific number of continuing education hours. (La. R.S. 37:3388.1 & 3388.2).

Pursuant to La. R.S. 37:3386.2D, ADRA is authorized to employ an Executive Director. The position is a part-time position limited to 32 hours per week. The Executive Director is responsible for monitoring operations to ensure employees, organizational practices, and all regulated individuals comply with regulatory and legal requirements of their credentials. ADRA is currently seeking to fill the position of Executive Director and individuals who are currently licensed by ADRA have expressed interest in applying for the position.
Law:
La. R.S. 42:1113A(1) provides that no public servant shall enter into any transaction that is under the supervision or jurisdiction of their agency.
La. R.S. 42:1102(2)(a)(i) defines "agency," in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, to mean the board or commission.
La. R.S. 42:1111C(1)(a) provides that no public servant shall receive any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person who: (1) has a contractual, business, or financial relationship with the public servant's agency; (2) conducts operations or activities which are regulated by the public employee's agency; and (3) has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1112A provides that no public servant shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112C provides that every public employee shall disqualify himself from participating in a transaction involving the governmental entity when a violation of the Code would result.
Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2021-1058 - Advisory Opinion Request Roy Baas
2021-1058- Addictive Disorders Practice Act
2021-1058 - Ocupational Summary for executive Director
2021-1058 - Advisory Opinion Final Draft