Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 58 - Perfusionists › Subchapter D - Grounds for Administrative Action › Section XLV-5811 - Causes for Administrative Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may deny, refuse to issue,
					 renew, reinstate or reactivate, or may suspend, revoke or impose probationary
					 terms, conditions and restrictions on the license of a licensed perfusionist or
					 provisional licensed perfusionist if the licensee or applicant has been guilty
					 of unprofessional conduct which has endangered or is likely to endanger the
					 health, welfare, or safety of the public.
B. As used herein,
unprofessional
					 conduct
by an applicant, licensed perfusionist or provisional licensed
					 perfusionist in this state shall mean and include, but not be limited to:
1. conviction of a crime or entry of a plea
					 of guilty or nolo contendere to a criminal charge constituting a felony under
					 the laws of Louisiana, the United States, or the state in which such conviction
					 or plea was entered;
2. conviction
					 of a crime or entry of a plea of guilty or nolo contendere to a criminal charge
					 constituting a misdemeanor under the laws of Louisiana, the United States, or
					 the state in which such conviction or plea was entered, arising out of the
					 practice of perfusion;
3. fraud,
					 deceit, misrepresentation, or concealment of material facts in procuring or
					 attempting to procure a license or provisional license to engage in the
					 practice of perfusion;
4. providing
					 false testimony before the board or providing false sworn information to the
					 board;
5. the habitual or recurring
					 abuse of drugs, including alcohol, which affect the central nervous system and
					 which are capable of inducing physiological or psychological
					 dependence;
6. cognitive or
					 clinical incompetency;
7.
					 interdiction by due process of law;
8. continuing or recurring practice which
					 fails to satisfy the prevailing and usually accepted standards of the practice
					 of perfusion in this state;
9.
					 solicitation of patients or self-promotion through advertising or
					 communication, public or private, which is fraudulent, false, deceptive, or
					 misleading;
10. knowingly
					 performing any act which in any way assists an individual, who is not currently
					 licensed as perfusionist or provisional licensed perfusionist, or otherwise
					 exempt from licensure pursuant to the Act or Chapter 27 of these rules, to
					 engage in the practice of perfusion in this state, or having a professional
					 connection with or lending one's name to an illegal practitioner;
11. delegating the performance of perfusion
					 services to a individual who the licensee knows or has reason to know is not
					 qualified by training, experience or licensure to perform such
					 service;
12. inability to practice
					 perfusion with reasonable competence, skill or safety to patients because of
					 mental or physical illness, condition or deficiency, including but not limited
					 to deterioration through the aging process or excessive use or abuse of drugs,
					 including alcohol;
13. refusal to
					 submit to examination and inquiry by a physician, health care professional, or
					 at an institution designated by the board to inquire into the physical and/or
					 mental fitness and ability of an applicant or licensee to practice perfusion
					 with reasonable skill or safety;
14. failure to respond or to provide
					 information or items within the time requested by the board's staff, respond to
					 a subpoena issued by the board, or to complete an evaluation within the time
					 designated by the board;
15.
					 practicing or otherwise engaging in conduct or functions beyond the scope of
					 licensure authorized by the Act;
16. intentional violation of any federal or
					 state law, parish or municipal ordinance, the state sanitary code, or rule or
					 regulation relative to any contagious or infectious disease;
17. violation of the code of ethics adopted
					 and published by the American Board of Cardiovascular Perfusion;
18. the refusal of the licensing authority of
					 another state to issue, renew, reinstate or reactivate a license or permit to
					 practice perfusion in that state, or the revocation, suspension, or other
					 restriction imposed on a license or permit issued by such licensing authority
					 which prevents, restricts, or conditions practice in that state, or the
					 surrender of a license or permit issued by another state when criminal or
					 administrative charges are pending or threatened against the holder of such
					 license or permit;
19. violating or
					 helping someone else violate any order, decision, rule or regulation of the
					 board or any provision of the Act.