Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVII - Nurses: Practical Nurses and Registered Nurses › Subpart 1 - Practical Nurses › Chapter 3 - Board of Practical Nurse Examiners › Section XLVII-306 - Adjudication Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  adjudication proceedings (as defined in
				  R.S.
				  49:951) conducted by the board shall be in
				  accordance with the Administrative Procedure Act,
				  R.S.
				  49:955 et seq.
B. All proceedings calling for disciplinary
				  action, as set forth in
				  R.S.
				  37:969(4) or as set forth in
				  this Section 306(R), regarding a license, shall begin with the receipt by the
				  board of allegation(s) pertaining to the violation(s) of any provisions of
				  R.S.
				  37:961 et seq., as stated in that statute, or
				  any provision of these rules and regulations of the Louisiana State Board of
				  Practical Nurse Examiners.
C.
				  Communications received by the board expressing such allegation(s) shall be
				  privileged, confidential, and shall not be revealed to any person except when
				  such document(s) are offered for evidence in a formal hearing.
D. The allegation(s) shall be investigated by
				  the executive director, his/her designee, and/or staff. Any information and/or
				  documents generated pursuant to such investigation of the allegation(s) shall
				  be considered the work product of the board and shall be privileged,
				  confidential, and shall not be revealed to any person except when such
				  investigative information and/or documents are offered for evidence in a formal
				  hearing.
E. Unless precluded by
				  law, informal disposition may be made of any case of adjudication by
				  stipulation, agreed settlement, consent order, or default. A consent order or
				  agreed settlement shall be presented to the board for approval before it
				  becomes binding on the board.
F. If
				  formal proceedings are deemed necessary by the executive director, a formal
				  hearing shall be conducted before a hearing officer designated by the board. A
				  decision to initiate formal proceedings may be made if one or more of the
				  following conditions exist.
1. The
				  allegation(s) are sufficiently serious.
2. The respondent fails to reply to the
				  board's correspondence concerning the allegation(s).
3. The response to the board's correspondence
				  is deemed insufficient or unsatisfactory.
a.
				  In furtherance of the objective(s) set forth in
				  R.S.
				  37:961 et seq., and these rules and
				  regulations of the Louisiana State Board of Practical Nurse Examiners, a
				  respondent shall, upon written request, provide the board with any and all
				  information, document(s) and/or thing(s) requested, within 10 days, including
				  weekends and holidays, from the date of the board's request.
b. Failure to respond to a request by the
				  board, or failure to provide a response that the board deems satisfactory or
				  sufficient, may result in the immediate suspension of the respondent's license
				  or may result in the board taking any other action the board deems necessary
				  commensurate with its philosophy of commitment to the health, safety and
				  welfare of the public.
4. An informal proceeding has failed to
				  resolve all of the issues or allegation(s).