reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-907 - Notice of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the
				filing of an administrative complaint pursuant to
				§903 and
				§905 of this Chapter, the board shall
				schedule the complaint for hearing before the committee not fewer than 45 days
				nor more than 180 days thereafter; provided, however, that such time may be
				lengthened or shortened as the board determines may be necessary or appropriate
				to protect the public interest or upon motion of the complaint counsel or
				respondent pursuant to a showing of proper grounds. In the event that the
				respondent's license, permit, certification, or registration has been suspended
				by the board pending hearing, pursuant to
				R.S.
				49:961(C), formal
				adjudication of the complaint shall be noticed and scheduled not more than 45
				days after the filing of the complaint; provided, however, that such time may
				be lengthened or shortened as the board determines may be necessary or
				appropriate to protect the public interest or upon motion of the complaint
				counsel or respondent pursuant to a showing of proper grounds.
B. A written notice accompanied by the
				complaint of the time, date, and place of the scheduled hearing regarding the
				matters set forth in the complaint shall be sent to the respondent by personal
				delivery to the licensee by an agent of the board, or delivery by certified
				U.S. Mail return receipt requested or courier at the most current mailing
				address of the licensee as indicated in the official records of the board. This
				notice shall include a statement of the legal authority and jurisdiction under
				which the hearing is to be held and shall be accompanied by a certified copy of
				the administrative complaint. In the event respondent fails to answer within
				the prescribed time, or the time as extended, the factual allegations contained
				within the administrative complaint shall be deemed admitted and proven by
				clear and convincing evidence.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-909 - Response to Complaint; Notice of Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 15 days of service of the
				complaint, or such longer time as the committee, on motion of the respondent
				may permit, the respondent may answer the complaint, admitting or denying each
				of the allegations of fact and of law set forth therein. Any matters admitted
				by respondent shall be deemed proved and established for purposes of
				adjudication. In the event that respondent does not file a response to the
				complaint, all matters asserted therein shall be deemed admitted.
B. Any respondent may be represented in an
				adjudication proceeding before the board by an attorney at law duly admitted to
				practice in this state. Upon receipt of service of a complaint pursuant to this
				Chapter, or thereafter, a respondent who is represented by legal counsel with
				respect to the proceeding shall, personally or through such counsel, give
				written notice to the board of the name, address and telephone number of such
				counsel. Following receipt of proper notice of representation, all further
				notices, complaints, subpoenas, orders or other processes related to the
				proceeding shall be served on respondent through his or her designated counsel
				of record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4), (5) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-911 - Pleadings; Motions; Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				pleadings, motions or other papers permitted or required to be filed with the
				board shall be filed by personal delivery at or by mail to the office of the
				board or by email, in digital format, to the board. Pleadings, motions and
				other papers filed in pending adjudication proceedings shall certify that, by
				the same method of delivery, the same be concurrently served upon complaint
				counsel designated by the complaint, if filed by or on behalf of respondent, or
				upon respondent, through counsel of record if any, if filed by complaint
				counsel.
B. All such pleadings,
				motions or other papers shall be submitted on plain white, letter size (8 1/2
				inches by 11 inches) bond, with margins of at least one inch on all sides and
				text double-spaced except as to quotations and other matters customarily
				single-spaced, shall bear the caption of the case as it appears on the
				complaint and shall include the certificate of the attorney or person making
				the filing that service of a copy of the same has been effected in the manner
				prescribed by
				§911 A
C. The board may refuse to accept for filing
				any pleading, motion or other paper not conforming to the requirements of this
				Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4), (5) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-913 - Prehearing Motion

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motions for
				continuance of hearing, for dismissal of the proceeding and all other
				prehearing motions shall be filed not later than 30 days following service of
				the complaint on the respondent or 15 days prior to the hearing, whichever is
				earlier. Each prehearing motion shall be accompanied by a memorandum which
				shall set forth a concise statement of the grounds upon which the relief sought
				is based and the legal authority therefor. A motion may be accompanied by an
				affidavit as necessary to establish facts alleged in support of the motion.
				Within 10 days of the filing of any such motion and memorandum or such shorter
				time as the board may order, the board's president, through complaint counsel,
				may file a memorandum in opposition to or otherwise setting forth the board
				president's position with respect to the motion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4), (5) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-915 - Motions for Continuance of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A motion for continuance of hearing shall
				be filed within the delay prescribed by
				§913 of these rules, provided that the
				board may accept the filing of a motion for continuance at any time prior to
				hearing upon a showing of good cause not discoverable within the time otherwise
				provided for the filing of prehearing motions.
B. A scheduled hearing may be continued by
				the disciplinary hearing committee chairman (chairman) only upon a showing by
				respondent or complaint counsel that there are substantial legitimate grounds
				that the hearing should be continued balancing the right of the respondent to a
				reasonable opportunity to prepare and present a defense to the complaint and
				the board's responsibility to protect the public health, safety and welfare.
				Except in extraordinary circumstances evidenced by verified motion or
				accompanying affidavit, the board will not ordinarily grant a motion to
				continue a hearing that has been previously continued upon motion of the same
				party.
C. If an initial motion for
				continuance is not opposed, it may be granted by the executive director of the
				board, the board president or the chairman.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4), (5) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-917 - Disposition of Prehearing Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any prehearing motion for continuance of
				hearing shall be referred for decision to the chairman for ruling. The
				chairman, in his discretion, may refer any prehearing motion to the entire
				hearing panel for disposition, and any party aggrieved by the decision on a
				prehearing motion may request judicial review by the Civil District Court for
				the Parish of Orleans.
B.
				Prehearing motions shall ordinarily be ruled upon by the chairman or the
				hearing panel, as the case may be, on the papers filed, without hearing. On the
				written request of respondent or of complaint counsel, however, and on
				demonstration that there are good grounds therefor, the chairman may grant
				opportunity for hearing, by oral argument, on any prehearing motion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4), (5) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-919 - Subpoenas for Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				request of the respondent or complaint counsel and in compliance with the
				requirements of this Section, the president, a board member or the executive
				director shall sign and issue subpoenas in the name of the board requiring the
				attendance and giving of testimony by witnesses and the production of books,
				papers, and other documentary evidence at an adjudication hearing.
B. No subpoena shall be issued unless and
				until the party who wishes to subpoena the witness first deposits with the
				board a sum of money sufficient to pay all fees and expenses to which a witness
				in a civil case is entitled pursuant to
				R.S.
				13:3661 and
				R.S.
				13:3671, in addition to those fees required
				by LAC 46:XXXIII.421. Witnesses subpoenaed to testify before the board only to
				an opinion founded on special study or experience in any branch of science, or
				to make scientific or professional examinations, and to state the results
				thereof, shall receive such additional compensation from the party who wishes
				to subpoena such witnesses as may be fixed by the hearing panel with reference
				to the value of the time employed and the degree of learning or skill
				required.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-921 - Prehearing Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any
				case of adjudication noticed for hearing, counsel for respondent and complaint
				counsel may agree, or the chairman may require, that a prehearing conference be
				held among such counsel, or together with the board's independent counsel
				appointed pursuant to
				§923. D of this
				Chapter, for the purpose of simplifying the issues for hearing and promoting
				stipulations as to facts and proposed evidentiary offerings which will not be
				disputed at hearing.
B. Following
				such prehearing conference the parties shall, and without such conference the
				parties may by agreement, reduce to writing a prehearing stipulation which
				shall include:
1. a brief statement by
				complaint counsel as to what such counsel expects the evidence to be presented
				against respondent to show;
2. a
				brief statement by respondent as to what the evidence and arguments in defense
				are expected to show;
3. a list of
				the witnesses to be called by complaint counsel and by respondent, together
				with a brief general statement of the nature of testimony each such witness is
				expected to give;
4. any
				stipulations which the parties may be able to agree upon concerning undisputed
				claims, facts, testimony, documents, or issues; and
5. an estimate of the time required for the
				hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-923 - Conduct of Hearing; Record

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Unless otherwise requested by the respondent, adjudication hearings shall be
				conducted in closed session. The provisions of this Paragraph do not apply to
				non-licensed persons named defendant(s) in a disciplinary administrative
				adjudication.
B. At an adjudication
				hearing, opportunity shall be afforded to complaint counsel and respondent to
				present evidence on all issues of fact and argument on all issues of law and
				policy involved, to call, examine and cross-examine witnesses, and to offer and
				introduce documentary evidence and exhibits as may be required for a full and
				true disclosure of the facts and disposition of the complaint.
C. Unless stipulation is made between the
				parties, and approved by the chairman, providing for other means of
				recordation, all testimony and other proceedings of an adjudication shall be
				recorded by a certified stenographer who shall be retained by the board to
				prepare a written transcript of such proceedings.
D. During and before an adjudication hearing,
				the chairman shall rule upon all evidentiary objections and other procedural
				questions, but in his discretion may consult with the entire hearing panel in
				executive session. At any such time, the hearing panel may be assisted by legal
				counsel, retained by the board for such purpose, who is independent of
				complaint counsel and who has not participated in the investigation or
				prosecution of the case. If the board or hearing panel is attended by such
				counsel, the chairman may delegate to such counsel ruling on evidentiary
				objections and other procedural issues raised during the hearing.
E. The record in a case of adjudication shall
				include:
1. the administrative complaint and
				notice of hearing, respondent's response to the complaint, if any, subpoenas
				issued in connection with discovery in the case or hearing of the adjudication,
				and all pleadings, motions, and intermediate rulings;
2. evidence received or considered at the
				hearing;
3. a statement of matters
				officially noticed except matters so obvious that statement of them would serve
				no useful purpose;
4. offers of
				proof, objections, and rulings thereon;
5. proposed findings and exceptions, if
				any;
6. the decision, opinion,
				report or other disposition of the case made by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-925 - Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. In an
				adjudication hearing, the board, or the designated hearing panel thereof, may
				give probative effect to evidence which possesses probative value commonly
				accepted by reasonably prudent men in the conduct of their affairs. Effect
				shall be given to the rules of privilege recognized by law. The board or
				hearing panel may exclude incompetent, irrelevant, immaterial, and unduly
				repetitious evidence. Objections to evidentiary offers may be made and shall be
				noted in the record. Subject to these requirements, when a hearing will be
				expedited and the interests of the parties will not be prejudiced
				substantially, any part of the evidence may be received in written
				form.
B. All evidence, including
				records and documents in the possession of the board which complaint counsel
				desires the board to consider, shall be offered and made a part of the record,
				and all such documentary evidence may be received in the form of copies or
				excerpts, or by incorporation by reference. The materials so incorporated shall
				be available for examination by the respondent before being received in
				evidence.
C. Notice may be taken of
				judicially cognizable facts and of generally recognized technical or scientific
				facts within the board's dental knowledge. The board's dental experience,
				technical competence and technical knowledge may be utilized in the evaluation
				of the evidence.
D. Any member of
				the board serving as chairman in an adjudication hearing shall have the power
				to and shall administer oaths or affirmations to all witnesses appearing to
				give testimony, shall regulate the course of the hearing, set the time and
				place for continued hearings, fix the time for the filing of briefs and other
				documents, if any are required or requested, may direct the parties to appear
				and confer to consider simplification of the issues, and shall rule upon all
				motions filed by respondent or the board after the filing of the initial
				complaint upon respondent.
E.
				Except as otherwise governed by the provisions of these rules, adjudication
				hearings before the board shall be governed by the Administrative Procedure Act
				insofar as the same may be applied.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4), (5) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-927 - Informal Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				hearing panel may make informal disposition, by default, consent order,
				agreement, settlement, or otherwise of any adjudication pending before it. A
				consent order, agreement, or settlement shall be evidenced by a document which
				shall be reduced to writing, signed by the licensee, before two witnesses, and
				thereafter submitted to the board president for his signature. The approval of
				the agreement shall thereafter be placed on the agenda of the next board
				meeting, considered for ratification, and, if so ratified, be given full force
				and effect and become a final action by the board, as set forth in
				R.S.
				37:780(B). If not ratified,
				it shall have no force and effect.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(4), (5) and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-929 - Decisions; Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The final
				decision of the board in an adjudication proceeding shall be in writing,
				include findings of fact and conclusions of law, and signed by the chairman on
				behalf and in the name of the board.
B. Upon issuance of a final decision, a
				certified copy thereof shall promptly be served upon respondent's counsel of
				record, or upon respondent personally in the absence of counsel, by first class
				mail. The day after mailing of the decision shall be considered as the date of
				service on the respondent.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 37:760 (4), (5), and
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 9 - Formal Adjudication › Section XXXIII-931 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision by
				the board in a case of adjudication shall be subject to rehearing, reopening,
				or reconsideration by the board pursuant to written motion filed with the board
				within 10 days from service of the decision on respondent. A motion for
				rehearing, reopening, or reconsideration shall be made and served in the form
				and manner prescribed by
				§911 and shall set forth the grounds
				upon which such motion is based, as provided by
				§931 B
B. The board may grant rehearing, reopening,
				or reconsideration if it is shown that:
1.
				the decision is clearly contrary to the law and the evidence;
2. the respondent has discovered since the
				hearing evidence important to the issues which he or she could not have with
				due diligence obtained before or during the hearing;
3. other issues not previously considered
				ought to be examined in order to properly dispose of the matter; or
4. there exists other good grounds for
				further consideration of the issues and the evidence in the public
				interest.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 10 - Infectious Waste Management › Section XXXIII-1001 - Handling and Disposing of Infectious Waste

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana State Board of Dentistry has
				accepted, in principal, the July, 1988 recommendations of the American Dental
				Association, Division of Scientific Affairs, on Dental Office Infectious Waste
				Management and adopts the following regulations in connection
				therewith.
B. Wastes generated in a
				dental office which are to be considered infectious, and are to be handled and
				disposed of with special precautions, include the following:
1. sharp items, such as needles, disposable
				syringes and scalpel blades;
2.
				human tissues, including extracted teeth;
3. blood, suctioned fluids or other liquid
				waste.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 11 - Provisions for Informal Disposition of Complaints › Section XXXIII-1101 - Implementation of the Dental Practice Act to the Extent that it Affects Administrative Procedures of the State Board of Dentistry Pertaining to Informal Disposition of Complaints (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 11 - Provisions for Informal Disposition of Complaints › Section XXXIII-1103 - Initial Review of Complaints (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 11 - Provisions for Informal Disposition of Complaints › Section XXXIII-1105 - Procedures (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 11 - Provisions for Informal Disposition of Complaints › Section XXXIII-1107 - Consent Decree (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1201 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. As
				authorized and mandated by
				R.S.
				37:1747, the rules of this Chapter prescribe
				practice and reporting requirements for dental health care providers including,
				but not limited to, dentists and dental hygienists to protect the public from
				the risk of the transmission of the Hepatitis B virus (HBV), Hepatitis C virus
				(HCV), and the Human Immunodeficiency Virus (HIV) to patients.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8) and
				  R.S.
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1203 - Standard Precautions

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				dental health care providers shall strictly observe recognized standard
				precautions as currently recommended by the Federal Centers for Disease Control
				to minimize the risk of transmission of HBV, HCV or HIV or other blood borne
				pathogens during any patient encounter with a patient's bodily
				fluids.
B. In the event that the
				Federal Centers for Disease Control issue a new version of their
				recommendations for standard precautions, the board will take into
				consideration the nature of the changes to those recommendations and establish
				a reasonable period of time in which dental health care providers must comply
				with any new or altered recommendations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8) and
				  R.S.
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1204 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to
				ensure compliance with this Chapter, the board shall conduct random announced
				inspections upon providing 48-hour notice. Notice may be provided by verbal,
				written, telephone or with other telecommunication means. Refusal by any
				licensee of access to licensee's premises for the purpose of conducting said
				inspection shall constitute a violation of
				R.S.
				37:776(A)(24) and
				R.S.
				37:775(6).
B. Unannounced inspections of dental offices
				may be conducted when bona fide complaints have been received regarding
				non-adherence to Federal Centers for Disease Control guidelines or other issues
				involving sanitation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1746-1747 and
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1205 - Prohibitions and Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Except as may be permitted pursuant to
				§1207. G and
				§1210 of this Chapter, a dental
				health care provider who is seropositive for HBV, HCV, or HIV, or who otherwise
				knows or should know that he or she carries and is capable of transmitting HBV,
				HCV, and HIV, shall not thereafter perform or participate directly in an
				exposure-prone procedure.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8) and
				  R.S.
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1206 - Sterilizer Monitoring Log and Record Retention

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each and every sterilizer utilized in a
				dental practice shall be monitored in accordance with the recommendations of
				the Federal Centers for Disease Control including those recommendations
				designated as strongly recommended and required. A written log of the
				monitoring shall be produced and maintained by the dentist. The log should
				include the date of the test, the method of the monitoring, the manufacturer
				and type of the monitoring system as well as the name of the individual
				performing the monitoring.
B. The
				written log and all records of sterilizer monitoring shall be maintained for a
				period of two years from the date of the last test. The records of sterilizer
				monitoring shall include any and all documentation for the purchase of testing
				materials or kits and reports of each test conducted. The records shall be
				subject to inspection and review during an inspection conducted in accordance
				with LAC 46:XXXIII.1204. The board may request such documentation from
				licensees selected at random.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1207 - Self-Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any dental
				health care provider who in the course of practice may at any time undertake to
				perform or participate in an exposure-prone procedure and who is or becomes HBV
				seropositive, HCV seropositive, or HIV seropositive shall be required to give
				notice of such seropositivity to the board in accordance with the provisions of
				this Section.
B. Within 90 days of
				the effective date of this Chapter, any dental health care provider who has
				previously been verified as being HBV seropositive, HCV seropositive, or HIV
				seropositive shall give notice of such diagnosis to the board on a reporting
				form supplied by the board.
C.
				Within 10 days from the date on which a dental health care provider has been
				verified as being HBV seropositive, HCV seropositive, or HIV seropositive, the
				dental health care provider shall give notice of such diagnosis to the board on
				a reporting form supplied by the board which shall be mailed to the executive
				director of the board, marked "Personal and Confidential" by registered or
				certified mail.
D. An applicant for
				licensure as a dental health care provider who at the time of application is
				verified as being HBV seropositive, HCV seropositive, or HIV seropositive shall
				acknowledge such diagnosis in his or her written application to the
				board.
E. Aforementioned reporting
				forms will be provided to each licensee with his or her license and
				additionally with his or her biennial license renewal application, or upon
				request.
F. The seropositive dental
				health care provider must submit to evaluation within 15 working days of his
				notification by the board ordering said dental health care provider to be
				examined by experts selected by the board, and those experts must complete and
				submit their reports to the executive director of the board with 15 days
				following their examination.
G.
				Reports from two physicians and two laboratories evidencing change in the
				dental health care provider's serostatus shall be submitted to the executive
				director for the board evaluation of the change of serostatus when any dental
				health care provider previously verified as HBV seropositive or HCV
				seropositive who becomes HBV seronegative or HCV seronegative.
H. Any dental health care provider or
				applicant for licensure who is required under this Section to report his/her
				HBV, HCV, or HIV seropositive status and fails or neglects to provide notice as
				set forth in this Section shall be deemed in violation of
				R.S.
				37:776(A)(1), (3), (7), (12), (16), (17), (20) and
				(24), and subject to sanctions associated
				therewith.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8) and
				  R.S.
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1208 - Confidentiality of Reported Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reports and information furnished to the
				board pursuant to
				§1207 of this Chapter and records of
				the board relative to such information shall not be deemed public records, but
				shall be deemed and maintained by the board as confidential and privileged and
				shall not be subject to disclosure by means of subpoena in any judicial,
				administrative or investigative proceeding; provided that such reports,
				information and records may be disclosed by the board as necessary for the
				board to investigate or prosecute alleged violations of this Chapter.
B. The identity of the seropositive
				practitioner or applicant for licensure who has reported their status as being
				HBV, HCV, or HIV seropositive pursuant to
				§1207 of this Chapter shall be
				maintained in confidence by the board on all matters pertaining to the HBV,
				HCV, and HIV diseases, and shall not be disclosed to any other party, except as
				may be necessary in the investigation or prosecution of suspected violations of
				this Chapter, necessary for the evaluation and monitoring of the physical and
				psychological condition of the seropositive practitioner or applicant for
				licensure, or as allowed by
				R.S.
				40:1300.14.
C. Provided that the identity of
				self-reporting practitioners and applicants seeking licensure is not disclosed,
				the provisions of this Section shall not be deemed to prevent disclosure by the
				board of statistical data derived from such reports, including, without
				limitation, the number and licensure class of those who have reported
				themselves as HBV, HCV, or HIV seropositive and their geographical
				distribution.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8) and
				  R.S.
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1209 - Advertisement of HBV, HCV or HIV Status Prohibited

Current through Register Vol. 50, No. 6, June 20, 2024
A. No licensee may advertise within the state
				of Louisiana his/her HBV, HCV or HIV status or whether the dental office or
				environment is free of HBV, HCV or HIV.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8) and
				  R.S.
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 12 - Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus › Section XXXIII-1210 - Authorization to Practice; Expert Review Panel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Dental health care providers who are HBV,
				HCV or HIV seropositive shall not perform exposure-prone procedures unless and
				until they have provided proper notice as required by this Chapter; submitted
				to periodic physical and psychological evaluations by board-appointed expert
				review panel, and have received authorization to practice and perform
				procedures as determined by said appointed panel. The panel shall serve as a
				consultant on a case-by-case determination of whether a procedure, when
				performed by a particular dental health care provider, does not pose a danger
				to the public. The panel must timely report any adverse or detrimental changes
				in the physical or psychological condition of the dental health care provider
				to the board. Following receipt of any and all such reports, the board shall
				have the right and the duty to re-evaluate the authorized procedures being
				practiced by the dental health care provider and may revise same or revoke same
				in its entirety if said report shows a change in the dental health care
				provider's physical or psychological condition which may affect the safety of
				the public.
B. Upon receipt of an
				adverse report from the panel, the board must review and evaluate said report,
				within 15 days of receipt of same, and take any and all necessary action to
				protect the safety of the public.
C. Licensees who are HBV or HCV seropositive
				may be authorized to continue practice without the necessity of receiving
				authorization from an expert review panel. This determination will be made by
				the board's committee on HIV/HBV/HCV on a case-by-case determination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8) and
				  R.S.
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 13 - Dental Laser and Air Abrasion Utilization › Section XXXIII-1301 - Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A laser capable
				of the removal of hard or soft tissue may be employed in the treatment of a
				dental patient only by a licensed dentist.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 13 - Dental Laser and Air Abrasion Utilization › Section XXXIII-1302 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. American
				National Standards Institute standards for laser safety must be
				followed.
B. Use of the laser must
				be in accordance with scientifically accepted treatment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 13 - Dental Laser and Air Abrasion Utilization › Section XXXIII-1303 - Approval of Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				commencing use of the laser for dental purposes, a dentist must obtain
				appropriate training for the laser being utilized.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 13 - Dental Laser and Air Abrasion Utilization › Section XXXIII-1305 - Air Abrasion Units

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Utilization of air abrasion units by licensed dental hygienists and dental
				auxiliaries is prohibited. However, this does not prevent the utilization of
				air polishing units by licensed dental hygienists.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 14 - Rulemaking, Declaratory Opinions and Rules › Section XXXIII-1401 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				this Chapter govern the board's processes to consider petitions from interested
				persons relative to the adoption, amendment, or repeal of a rule or the request
				for the issuance of a declaratory order or ruling in accordance with the
				Administrative Procedure Act.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 37:760
				  (8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 14 - Rulemaking, Declaratory Opinions and Rules › Section XXXIII-1403 - Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. All petitions,
				whether requesting the adoption, amendment, repeal, applicability of a rule,
				statutory provision, or order of the board or the request for the issuance of a
				declaratory order or ruling shall be submitted on plain white, letter size (8
				1/2" by 11") bond; with margins of at least one inch on all sides and text
				double-spaced except as to quotations and other matter customarily
				single-spaced; shall bear the name, address, and phone number of the person
				requesting the action; and shall also state the complete and full name of each
				person(s), organization, or entity the requestor represents along with
				sufficient information to identify and fully describe said person(s),
				organization, or entity.
B. The
				petition relative to rules shall fully and succinctly state the reasons for the
				requested action, and what results, if any, would be expected from such action,
				and an estimate of any expenditures or increases in revenue reasonably expected
				if said rule is adopted, amended, or repealed.
C. All petitions for declaratory orders or
				rulings shall set forth the specific statute or rule and the pertinent factual
				circumstances, as well as those reasons in support of or in opposition to the
				issue presented.
D. All petitions
				or documents filed with the board pursuant to this Ruleshall be served upon the
				board in conformity with LAC 46:XXXIII.911. The petition or document filed
				pursuant to this Rule shall be received by the board no later than 30 days
				prior to the next scheduled meeting of the board in order for it to be placed
				on the board agenda for consideration.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 14 - Rulemaking, Declaratory Opinions and Rules › Section XXXIII-1405 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				refuse to accept for filing any petition not conforming to the requirements of
				this Section, except upon a showing of good cause by the requestor at the time
				the requestor's petition is received by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 15 - Anesthesia/Analgesia Administration › Section XXXIII-1501 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				this Chapter govern the administration of anesthesia/analgesia by persons
				licensed to practice dentistry in the state of Louisiana to dental patients.
				The rules of this Chapter are promulgated in order to supplement the provisions
				of the Dental Practice Act,
				R.S.
				37:751 et seq., particularly
				R.S.
				37:793.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 15 - Anesthesia/Analgesia Administration › Section XXXIII-1502 - Types of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				issues two types of permits for sedation and/or general anesthesia:
1. personal permits;
2. office permits.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 15 - Anesthesia/Analgesia Administration › Section XXXIII-1503 - Personal Permits for Sedation/Anesthesia

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board issues the following types of
				personal permits for sedation and/or general anesthesia, listed in order from
				lowest to highest level:
1. nitrous oxide
				inhalation permit;
2. moderate
				sedation;
3. general
				anesthesia/deep sedation.
4.
				general anesthesia/deep sedation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 15 - Anesthesia/Analgesia Administration › Section XXXIII-1504 - Pediatric Certification for Personal Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to receive a pediatric
				certification for a personal permit:
1. a
				dentist shall have completed a pediatric or oral and maxillofacial surgery
				advanced education program accredited by the Commission on Dental Accreditation
				that provided training in the level of sedation allowed by the permit
				requested; or
2. in addition to
				completing the training requirements set forth in §1503, the dentist shall have
				completed an additional training course consisting of 8 hours of didactic
				pediatric sedation training specific to the level of the permit being sought
				and 10 cases of pediatric sedation involving the highest level of sedation
				allowed by the permit sought; or
3.
				the training program meeting the requirements set forth in
				§1503 was
				pediatric-specific;
4. In addition
				to the above requirements, in order to receive or renew a personal permit with
				a pediatric certification, the licensee must provide proof of current
				certification in pediatric life support (PALS), or its equivalent. The board
				will only accept a PALS course which includes a practical component which is
				personally attended. If a dentists practice is restricted to treating only
				children under the age of 13, the PALS certification will suffice as a
				substitute for the ACLS required in
				§1503. E If a
				dentists practice is not restricted to treating only children, in order to
				receive a permit with a pediatric certification, both PALS and ACLS
				certifications are required.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 15 - Anesthesia/Analgesia Administration › Section XXXIII-1505 - Personal Permit Renewals (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 15 - Anesthesia/Analgesia Administration › Section XXXIII-1506 - Intranasal Midazolam (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 15 - Anesthesia/Analgesia Administration › Section XXXIII-1507 - General Anesthesia/Deep Sedation

Current through Register Vol. 50, No. 6, June 20, 2024
A. When general anesthesia or deep sedation
				is administered, the provisions of this Subsection apply:
1. no dentist shall administer general
				anesthesia or deep sedation unless said dentist has received authorization by
				the board evidenced by receipt of a permit from the board;
2. in order to receive a permit the dentist
				must show and produce evidence that he complies with the following provisions:
a. successful completion of an oral and
				maxillofacial surgery training program accredited by the Commission on Dental
				Accreditation of the American Dental Association which includes anesthesiology
				and related academic subjects as required in
				§1509 of this Chapter; or successful
				completion of a personally attended program which complies with part II of the
				American Dental Association Guidelines for Teaching the Comprehensive Control
				of Pain and Anxiety in Dental Education at the advanced level;
b. provide proof of current certification in
				the cardiopulmonary resuscitation course "advanced cardiac life support" as
				defined by the American Heart Association, or its equivalent. The board will
				only accept an ACLS course which includes a practical component which is
				personally attended;
c. provide
				proof of current certification in pediatric advanced life support (PALS) when
				administering sedation to patients under the age of 13. The board will only
				accept a PALS course which includes a practical component which is personally
				attended.