Meetings
 
Agenda Item
Docket No. 22-705
 
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RE:
A Request for an Advisory Opinion, submitted by Arthur Hickman Jr., DDS (Executive Director of the Louisiana State Board of Dentistry), regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit the selected LSBD member from serving on the CDCA/WREB/CITA Board of Directors.
Facts:
The LSBD is a Louisiana state board. One of the LSBD's functions is to provide a licensure examination for prospective applicants. Prior to the 1990's, the LSBD administered the licensure examination on its own and the examination results were accepted only by Louisiana. The Louisiana examination, like the examinations in virtually every state in the 1990's, involved performing procedures on a patient. Prospective applicants were required to find patients with very specific conditions and to make sure that the patients attended on the day(s) of the examination. This made moving from one state to another extremely difficult. A dentist who wished to move to a different state would either have to find a patient in his home state and transport the patient to the target state, or somehow find a willing patient in the target state with the specific conditions required for the examination.
To increase the portability of a dental license issued by this state, Louisiana joined with several other states in the 1990's to create a testing agency that would administer the identical test in each of the member states. This test would be accepted by all the member states of the testing agency, creating licensure portability between those states. LSBD members from the various member states would serve as testers for the testing agency. LSBD members would function as testers in Louisiana and in other member states, and board members from other member states would come to Louisiana and would function as testers in Louisiana. The testing agency formed by the states is called CITA; it is a non-profit entity that charges a fee to take the examination. It uses the money from testing fees to function and to pay for the expenses of the board members who give the test. No money is exchanged between the LSBD and CITA.
Other states formed regional testing agencies similar to CITA. Within the past year, the major testing facilities merged and the resulting agency is called CDCA/WREB/CITA (CDCA is the Commission on Dental Competency Assessments. The WREB is the Western Regional Examining Board). Louisiana is a member of CDCA/WREB/CITA and member states vote for a board of directors. CDCA/WREB/CITA is a non-profit organization that functions on money from test fees. No money passes between CDCA/WREB/CITA and LSBD. Those who serve on the CDCA/WREB/CITA Board of Directors are paid a monthly salary of $720.00. The board members of LSBD have inquired as to whether the Code would prohibit a LSBD member from serving as a CDCA/WREB/CITA Board of Director.
Law:
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.

La. R.S. 42:1111(C)(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 during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.

La. R.S. 42:1115(A)(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.

La. R.S. 42:1115(A)(2) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.

La. R.S. 42:1115(B)(1) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.
Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: LaToya D. Jordan
 
 
ATTACHMENTS:
Description:
2022-705 - AO
2022-705 - Advisory Opinion Draft - Hickman (2)