Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 5 - Procedural Rules › Section LXIX-503 - Investigation of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board is authorized to receive complaints from any person against
				dietitian/nutritionist licensees or applicants or against persons engaged in
				the unauthorized and unlicensed practice of dietetics and nutrition. Any
				complaint bearing on a licensee's professional competence, conviction of a
				crime, unauthorized practice, violation of provisions of the Louisiana
				Dietetic/Nutrition Practice Act or board rules and regulations, mental
				competence, neglect of practice or violation of the state law or ethical
				standards where applicable to the practice of dietetics and nutrition, should
				be submitted to the board.
B. Once
				a complaint is submitted on the forms provided by the board, the board will
				initiate a review of the allegations. The board may dispose of the complaint
				informally through correspondence or conference with the individual and/or the
				complainant which may result in a consent agreement and order. If the party
				stipulates to the complaint and waives his or her right to formal hearing, the
				board may impose appropriate sanctions without delay. If the board finds that a
				complaint cannot be resolved informally, the written complaint will be
				forwarded to the board's designated complaint investigation officer
				(hereinafter referred to as the CIO) for investigation.
C. The board's CIO shall have authority to
				investigate the nature of the complaint against a licensee through conference
				and correspondence directed to those parties or witnesses involved. The officer
				shall send the involved licensee notice of the investigation, containing a
				short summary of the complaint. All letters to the involved licensee, the
				complainant, or any other witness, shall be sent by certified mail, with the
				designation "personal and confidential" clearly marked on the outside of the
				envelope.
D. The CIO shall conclude
				the investigation as quickly as possible without compromising thoroughness.
				Unless good cause is shown by the CIO satisfactory to the board, which may
				extend the time for the investigation, the investigation and recommended action
				shall be completed within 60 days of the date the CIO first receives the
				complaint.
E. The CIO shall make a
				recommendation to the board for disposition by informal hearing, formal hearing
				or dismissal of the complaint. When the CIO's recommended action might lead to
				denial, suspension, or revocation of the certificate, the board shall
				immediately convene a formal adjudication hearing, pursuant to
				R.S.
				37:3090(B) of the
				Dietetic/Nutrition Practice Act and
				§501 and
				§503 of these
				regulations. The CIO may determine that the licensee's explanation
				satisfactorily answers the complaint and may recommend to the board that the
				matter be dismissed. The recommended remedial action or dismissal of the
				complaint shall be forwarded to the involved complainant and licensee.
F. The CIO may also recommend to
				resolve the complaint through a consent agreement and order entered into by the
				licensee and the complainant. If the order contains any agreement by the
				licensee to some remedial course of action, the agreement must be signed by the
				complainant, the licensee and the board. The CIO will make note of any
				settlement arrived at between the complainant and the licensee, but such a
				settlement does not necessarily preclude further disciplinary action by the
				board.
G. If the CIO's
				recommendation for informal hearing is accepted by the board, the officer shall
				notify the licensee of the time and place of the conference and of the issues
				to be discussed. The licensee shall appear on a voluntary basis. The licensee
				shall be advised that the hearing will be informal, no lawyers will be utilized
				and no transcript of the hearing made. Any witnesses used will not be placed
				under oath, and no subpoenas will be issued. The licensee shall be informed
				that any statements made at the informal hearing may not be used or introduced
				at a formal hearing, unless all parties consent, in the event the complaint
				cannot be resolved informally. If the licensee notifies the CIO that he does
				not wish such an informal hearing, none shall be held. In that event, the CIO
				shall recommend to the board the initiation of a formal disciplinary
				hearing.
H. If the investigation
				disclosed any of the following:
1. that the
				complaint is sufficiently serious to require formal adjudication;
2. the licensee fails to respond to the CIO's
				correspondence concerning the complaint;
3. the licensee's response to the CIO's
				letter discloses that further action is necessary; an informal hearing is held
				but does not resolve all the issues; or the licensee refuses to comply with the
				recommended remedial action, the CIO shall recommend to the board the
				initiation of a formal disciplinary hearing.