Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 97 - Complaints and Investigations › Section XLV-9711 - Formal Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  board determines by a majority vote of the members present and voting at a
				  board meeting that a complaint warrants investigation it shall instruct board
				  staff to initiate a formal investigation. If the board determines that a
				  compliant does not warrant investigation it shall be closed pursuant to
				  §9709F.1. of this Chapter.
B.
				  Written notice of the investigation including a brief summary of the facts
				  constituting the alleged violation shall be provided to the licensee no later
				  than five business days after the boards formal investigation is initiated by
				  registered, return-receipt-requested mail, as well as by regular first class
				  mail, or by personal delivery or other means, at the most current address for
				  the licensee reflected in the official records of the board. Such notice shall
				  also include the information set forth in §9709B.3.a.-c. of this
				  Chapter.
C. Once a formal
				  investigation is initiated by the board, an investigation shall be undertaken
				  to determine whether or not there is sufficient information and evidence to
				  indicate that a violation of the law has occurred. To assist in a formal
				  investigation subpoenas may be issued in the same manner as set forth in §9709.
				  B to obtain any of the items listed therein and any other documents and other
				  information, the appearance of witnesses and sworn testimony.
D. Past complaints and investigations of a
				  licensee may be utilized in a current investigation for the purpose of
				  determining if there is a pattern of practice or continuing or recurring
				  conduct that fails to satisfy the prevailing and usually accepted standards of
				  practice in this state on the part of the licensee. If past complaints and
				  investigations are utilized, a licensee and/or his counsel shall be notified
				  and they shall be included within the records or files of the case and subject
				  to all applicable provisions of this Chapter.
E. If the complaint giving rise to the formal
				  investigation involves medical incompetency, as part of the investigation a
				  request may be made, or the board may order in a manner prescribed by §365D of
				  these rules, the licensee to undergo a competency evaluation at a third-party
				  evaluation center approved by the board.
F. If the investigation does not provide
				  sufficient information and evidence to indicate that a violation of the law has
				  occurred, a report and recommendation shall be made to the board that the
				  investigation be closed without further action. If the board approves the
				  recommendation, the complainant and the licensee shall be provided written
				  notification of the disposition. If the recommendation is not approved, such
				  further investigation or other action shall be taken as may be necessary or
				  appropriate.
G. If the
				  investigation provides sufficient information and evidence to indicate that a
				  violation of the law has occurred, an administrative complaint may be filed
				  with the board, pursuant to Chapter 99 of these rules, provided one or more of
				  the following conditions exist:
1. a draft
				  administrative complaint, in the form and content specified in
				  §9903.B of these rules,
				  has been mailed or provided to the licensee accompanied by a letter providing a
				  reasonable opportunity for a conference to show compliance with all lawful
				  requirements for the retention of the license without restriction, or to show
				  that the complaint is unfounded as contemplated by
				  R.S.
				  49:961(C); however, the
				  licensee fails to respond to the complaint and letter, waives the opportunity,
				  or the response does not satisfactorily demonstrate lawful compliance or that
				  the complaint is unfounded. Such conference may be attended only by the boards
				  director of investigations, the investigator assigned to the matter and legal
				  counsel, if any, compliance counsel, the licensee and the licensees counsel, if
				  any;
2. informal disposition is
				  attempted but fails to resolve all of the issues and the procedures specified
				  in §9711G.1 of this Section have been provided with the same result
				  described;
3. emergency action is
				  required to pursuant to §9931. H Formal investigations shall be completed
				  within thirty-six months after initiated by the board. However, this period may
				  be increased by the board for satisfactory cause and no complaint shall be
				  dismissed solely because a formal investigation was not completed within this
				  period. This period shall also not apply to any investigation pending on July
				  1, 2015.