Opinion Number

Dear Senator Michot:

You have requested an opinion of this Office regarding whether the Louisiana State Board of Embalmers and Funeral Directors (the "Board") has the authority to require that its licensees adhere to continuing education requirements. Currently, such requirements are a condition of the renewal of a license by the Board pursuant to L.A.C. 46:XXXVII.709.

It is axiomatic that regulations cannot extend beyond the authority granted to the regulatory entity by the Legislature.1 In the current situation, your question arises because there is a regulatory requirement for continuing…