2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2717. Disciplinary action; hearing; procedures; appeal

RS 37:2717 - Disciplinary action; hearing; procedures; appeal
A. The board shall have the power to deny, revoke, or suspend any license, certificate, or registration issued by the board or applied for in accordance with this Chapter, or otherwise discipline a social worker for any of the following causes:
(1) A final conviction of any felony upon a plea or verdict of guilty or following a plea of nolo contendere.
(2) Incapacity or impairment due to the use of drugs or intoxicating beverages that prevents the social worker from engaging in the practice of social work with reasonable skill, competence, and safety to the public.
(3) Obtaining or attempting to obtain a license, certificate, or registration by fraud or deception.
(4) Willfully or repeatedly violating any of the provisions of this Chapter.
(5) Violating any order, rule, or regulation adopted by the board.
(6) Being adjudged a mental incompetent.
(7) Practicing in a manner detrimental or potentially detrimental to the client by act or omission, which act or omission is either the result of deliberate or intentional conduct or negligent conduct.
(8) Failure to report to the board knowledge of a violation or infraction of the social work practice act, rules and regulations promulgated by the board or ethical standards, or both.
(9) Providing false testimony to the board or providing false sworn information to the board.
(10) Deceiving or defrauding the public or making, submitting, or causing to be submitted any false or deceptive claims, reports, charges, assessments, or opinions regarding any client or service provided to any client, insurance company, health care provider, third-party payor, company, individual, or any governmental agency for the purpose of obtaining payment or anything of economic value.
(11) Unprofessional or unethical conduct as defined in the rules and regulations adopted by the board.
(12) Conduct which demonstrates the social worker has failed to maintain the qualification of good moral character as required by R.S. 37:2706(A)(1), 2707(A)(1), and 2708(A)(1) and as may be further defined by the board.
(13) Practicing social work with a lapsed license, certificate, or registration.
B. When the board decides to discipline an individual the board may:
(1) Refuse to issue or renew a license or registration.
(2) Issue a public or private letter of reprimand or concern.
(3) Require restitution to a client or restitution of the board's costs and expenses in connection with the enforcement of this Chapter, or both.
(4) Impose probationary conditions.
(5) Impose a fine for each violation not to exceed one thousand dollars.
(6) Suspend or revoke a license certificate, or registration including the summary suspension of said license, certificate, or registration when the board determines that public health, safety, or welfare imperatively requires emergency action.
(7) Restrict a license, certificate, or registration by limiting or reducing the scope of practice.
(8) Otherwise discipline the holder of a license, certificate, or registration upon proof of violation of any provisions of this Chapter, or the rules and regulations promulgated by the board, or both.
C. Proceedings for disciplinary action or for the denial or withholding of a license under the authority of this Section shall be conducted in compliance with the board's rules, regulations, and procedures and in compliance with the Administrative Procedure Act. The board may require an individual against whom disciplinary action has been taken by the board to pay the reasonable costs incurred by the board for the hearing or proceedings, including its legal fees, stenographer, investigator, or witness fees, and any such costs and fees incurred by the board on any judicial review or appeal. These costs and fees shall be paid no later than thirty days after the decision of the board becomes final. No license, certificate, or registration shall be issued, reinstated, or renewed until such costs have been paid.
D. No license, certificate, or registration shall be suspended or revoked until a hearing is held before the board, after notice of at least thirty days to the social worker. The notice shall be served by registered mail, return receipt requested; shall state the date, time, and place of the hearing; and shall set forth the ground or grounds of the charges against the social worker. The social worker has a right to present his own defense either in proper person or by counsel, to produce testimony, and to testify in his own behalf. A record of the hearing shall be taken and preserved. The record shall contain the notice, documents, and data filed in the proceedings; all statements of the board pertinent thereto; and the testimony, exhibits, and written findings of fact and orders of the board. The hearing may be adjourned from time to time. If the social worker pleads guilty, or if upon hearing the charges the majority of the board finds them true, the board may enter an order suspending or revoking the license, certificate, or registration or imposing probationary conditions.
E. The board may adopt rules for its proceedings that will enable it to completely determine the facts in each matter brought before it without undue delay and to render a decision in writing consistent with the intent of this Chapter. The board shall have the right to issue subpoenas where needed. If the board subpoena is not honored, the board shall petition a court of competent jurisdiction to have its subpoena honored. If the court determines that the demand of the board is lawful, the court shall enter an order compelling compliance therewith. Disobedience of such an order shall be considered contempt of court.
F. Any individual subject to disciplinary action who feels aggrieved by the decision of the board may file a petition for judicial review in the Nineteenth Judicial District Court within thirty days after receiving the board's decision pursuant to R.S. 49:978.1.
G. The board may in its own name issue a cease and desist order to stop an individual from engaging in an unauthorized practice or violating or threatening to violate a statute, rule, or order which the board has issued or is empowered to enforce. The cease and desist order shall state the reason for its issuance and notice of the individual's right to request a hearing under applicable procedures as set forth in the Administrative Procedure Act. Nothing in this Subsection shall be construed as barring criminal prosecutions for violations of this Chapter.
H. Any individual whose license, certificate, or registration has been revoked or suspended shall return the license, certificate, or notice of registration to the office of the board no later than ten calendar days after receipt of a notice of revocation or suspension.
Added by Acts 1972, No. 706, §1; Acts 1999, No. 1309, §7, eff. Jan. 1, 2000; Acts 2010, No. 880, §1, eff. Jan. 1, 2011; Acts 2021, No. 215, §1, eff. Jan. 1, 2022.