RS 40:1105.9     

§1105.9. Louisiana Cancer and Lung Trust Fund Board

            A.(1) There is hereby created the Louisiana Cancer and Lung Trust Fund Board, which shall consist of the following members appointed and reappointed by the governor, to serve at his pleasure, upon recommendation of each institution and organization represented:

            (a) A representative from Tulane University School of Medicine.

            (b) A representative from the Louisiana State University School of Medicine, New Orleans.

            (c) A representative from the Louisiana State University School of Medicine, Shreveport.

            (d) A representative from the Alton Ochsner Medical Foundation.

            (e) A representative of the American Cancer Society, Louisiana Division, Inc.

            (f) A representative of the American Lung Association of Louisiana, Inc.

            (g) A representative of the Leukemia Society of America, Inc., Louisiana Chapter.

            (h) A representative of the Mary Bird Perkins Cancer Radiation and Research Foundation, Inc.

            (i) A representative of the Xavier University School of Pharmacy.

            (j) A representative of the Louisiana State Medical Society.

            (k) A representative of the Acadiana Medical Research Foundation.

            (l) A representative of the American Heart Association, Louisiana Affiliation.

            (2) Each appointment by the governor shall be subject to Senate confirmation.

            B. The board shall determine the eligibility of medical research programs and clinical investigation and training projects to receive funds; however, sufficient funds shall be allocated annually to the statewide registry program for reporting cancer cases under the provisions of R.S. 40:1105.1 et seq. Administration of funds shall be exercised by the office of the president.

            C.(1) The board shall establish rules and regulations for its own procedures, establish policies for the operation of the statewide registry program for reporting cancer cases established under the provisions of R.S. 40:1105.1 et seq., establish criteria for review panels, and establish guidelines and deadlines for grant applications to be submitted. The appointment of review panels for the purpose of evaluating grant applications and making recommendations to the board on a priority basis shall be made before monies are allocated. Any member of the board or review panels with a direct conflict of interest shall excuse himself or herself from voting on any grant proposal.

            (2) The board shall elect from among its members a chairman, a vice chairman, a secretary, and a treasurer. Any member may hold two of these positions. In the absence of the chairman, the vice chairman shall preside and in the absence of the chairman and vice chairman, the secretary shall preside.

            (3) The members shall not receive compensation for their services but shall be entitled to reimbursement for expenses, including travel expenses, incurred in the discharge of their duties.

            (4) Six members shall constitute a quorum for the transaction of business; however, no board action shall be taken by a vote of less than a majority of the full board.

            (5) The secretary shall keep complete and accurate records of all meetings and actions taken by the board.

            (6) The treasurer shall keep full and accurate financial records, make periodic reports to the board, and submit a complete annual report, in written form, to the secretary.

            (7) Meetings of the board shall be held at regular intervals as provided in the bylaws. Emergency meetings may be held upon twenty-four hours actual notice and business transacted, provided that not less than a majority of the full board concurs in the proposed action.

            D. For purposes of this Section, the following definitions shall apply:

            (1) "Medical research" shall mean a program to determine the cause and prevention of disease.

            (2) "Clinical investigation" shall mean the application of the results of medical research to treat patients.

            (3) "Training" shall mean the educational preparation for a subspecialist career in cancer or lung disease.

            E. A current report on the programs funded shall be made to the House Committee on Ways and Means and to the Senate Committee on Revenue and Fiscal Affairs, meeting jointly, prior to each regular session of the legislature.

            F. Any member of the board or of a review panel, whether or not such member is compensated by the institution or organization he represents, shall recuse himself from participating in any discussion or voting regarding any matter relating to awarding a grant or contracting with the institution or organization he is appointed to represent. No member of the board or of a review panel who complies with the recusal provisions contained in this Subsection shall be deemed to have violated the Code of Governmental Ethics. The appointment of a compensated employee as a representative of a designated institution or organization shall not constitute a prohibited relationship under the provisions of the Code of Governmental Ethics.

            Added by Acts 1980, No. 825, §1, eff. Aug. 1, 1980. Amended by Acts 1982, No. 812, §1; Acts 1984, 1st Ex. Sess., No. 14, §1, eff. July 1, 1984; Acts 1985, No. 929, §1; Acts 1989, No. 355, §1; Acts 1992, No. 227, §1; Acts 1992, No. 984, §12; Acts 1993, No. 1004, §1; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.88 by HCR 84 of 2015 R.S.