Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 8 - Complaints, Investigation, and Informal Resolution › Section XXXIII-805 - Informal Dentist-to-Dentist Meeting

Current through Register Vol. 50, No. 6, June 20, 2024
A. If during the investigative phase of
				matter the option of an informal dentist-to-dentist meeting is chosen by the
				board, the licensee shall be invited via a correspondence to the informal
				meeting to meet on an informal basis with the members of the DOC to discuss
				issues raised by the complaint.
B.
				The licensee has the option to make an electronic recording of the informal
				meeting. If the licensee chooses this option, the board is allowed to make its
				own recording. If the licensee does not choose this option, no recording is to
				be made. Only electronic recordings are allowed. Due to the informal nature of
				the meeting, a court reporter or transcriptionist is not allowed in the
				meeting.
C. The discussions that
				take place during the informal meeting shall not be used against the licensee
				if the matter later goes to a formal hearing, unless the licensee chooses the
				option of electronically recording the meeting, in which case the board will
				make its own copy of the meeting and will use anything said during the meeting
				at any subsequent formal proceeding.
D. The meeting is voluntary. The licensee is
				not required to attend.
E. The
				meeting is strictly dentist-to-dentist; only the licensee and the DOC members
				are eligible to be present in the room during the informal meeting.
F. Although only dentists are allowed in the
				room during the meeting, if the licensee wishes, at any time during the
				meeting, he may pause the meeting so he can consult his attorney, who is
				allowed to be present at the board during the meeting, or to call an
				attorney.
G. The DOC does not have
				the power to sanction the licensee. It only makes recommendations to the board
				about how to proceed. If the matter goes to a formal hearing, a second
				committee will be appointed. Only the second committee has the power to
				sanction. However, the DOC may attempt to negotiate a settlement with the
				licensee, which, if agreed to, becomes final and valid only after ratification
				by the full board. If the full board declines to ratify the settlement, the
				matter goes back to the DOC for further recommendations.
H. If the licensee and the DOC members
				negotiate a settlement, the licensee may, but will not be required to, sign the
				settlement on the same day as the informal meeting. The licensee will be
				allowed, if he chooses, to take a draft of the settlement home to think about
				it or to consult an attorney rather than to sign on the day of the informal
				meeting. If the licensee chooses the option of taking the draft home, he shall
				be granted at least three business days to consider the settlement
				offer.
I. If a negotiated
				settlement occurs during the informal meeting and the licensee is offered a
				consent decree to settle the matter, prior to the licensee signing the consent
				decree, the board shall turn over whatever evidence in its possession at the
				time that it would intend to put into evidence at a formal hearing, if there
				were to be a formal hearing.
J. If
				the matter is resolved, subject to board approval, through a consent decree
				negotiated at the informal meeting or as the result of the informal meeting,
				the consent decree is treated as a final action by the board, as set forth in
				R.S.
				37:780(B), if ratified by
				the entire board.
K. If the matter
				is not resolved to the satisfaction of all parties at the informal meeting, or
				in the time period after the informal meeting that the licensee has been given
				to consider a proposed settlement, then, after the board member(s) assigned to
				conduct the informal meeting have reported to the president of the board, the
				latter may then determine whatever further action, if any, he deems necessary,
				including but not limited to formal adjudication.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).