reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter C - Standards of Practice › Section XLV-7917 - Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A physician
					 shall not collaborate with an APRN:
1. except
					 in compliance with all applicable state and federal laws and
					 regulations;
2. when the APRN and
					 collaborating physician, or in the physicians absence an alternate
					 collaborating physician, do not have the capability to be in contact with each
					 other face-to-face, by telephone or other means of direct
					 telecommunication;
3. who treats
					 and/or utilizes controlled substances in the treatment of:
a. non-cancer-related chronic or intractable
					 pain, as set forth in §6915-6923 of the board's rules;
b. obesity, as set forth in §6901-6913 of the
					 board's rules;
c. one's self,
					 spouse, child or any other family member; or
4. who distributes medication, other than
					 free or gratuitous non-controlled substances.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter C - Standards of Practice › Section XLV-7919 - Continuous Quality Improvement; Board Access to Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. A collaborating
					 physician shall insure that copies of the collaborative practice agreement,
					 clinical practice guidelines, organization policy and required designation
					 documentation for an alternate collaborating physician are available at the
					 practice site for examination, inspection and copying upon request by the board
					 or its designated employees or agents.
B. A collaborating physician or alternate
					 collaborating physician shall comply with and respond to requests by the board
					 for personal appearances and information relative to his or her collaborative
					 practice;
C. Employees or agents of
					 the board may perform an on-site review of a collaborating physician or
					 alternate collaborating physicians practice at any reasonable time, without the
					 necessity of prior notice, to determine compliance with the requirements of
					 these rules.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter D - Sanctions › Section XLV-7921 - Effect of Violation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 violation or failure to comply with the provisions of this Chapter shall be
					 deemed unprofessional conduct and conduct in contravention of the board's
					 rules, in violation of
					 R.S.
					 37:1285(A)(13) and (30),
					 respectively, as well as violation of any other applicable provision of
					 R.S.
					 37:1285(A).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 80 - Louisiana Uniform Prescription Drug Prior Authorization Form › Subchapter A - General Provisions › Section XLV-8001 - Louisiana Uniform Prescription Drug Prior Authorization; Requirements; Referral for Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 prescriber or pharmacy required to obtain prior authorization from a third
					 party payor shall complete the Louisiana Uniform Prescription Drug Prior
					 Authorization Form referenced below in §8003, either in written form or its
					 electronic equivalent.
B. In the
					 event a third party payor demands the completion of an alternative
					 authorization process, the prescriber or pharmacy shall refer the demand to the
					 appropriate enforcement agency.
1. If the
					 demand is made by a Medicaid-managed care organization, the prescriber or
					 pharmacy shall refer the demand to the Department of Health.
2. If the demand is made by any other third
					 party payor, the prescriber or pharmacy shall refer the demand to the
					 Department of Insurance.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 80 - Louisiana Uniform Prescription Drug Prior Authorization Form › Subchapter A - General Provisions › Section XLV-8003 - Louisiana Uniform Prescription Drug Prior Authorization Form

Current through Register Vol. 50, No. 6, June 20, 2024
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						view image
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AUTHORITY NOTE:
						Promulgated in accordance with R.S. 22:1006.1(C) and
						46:460.33(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 4 - Administrative Provisions › Chapter 81 - Fees and Costs › Subchapter L - Private Radiologic Technologists › Section XLV-8183 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter prescribe the fees and costs applicable to the
					 certification of private radiological technologists.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1292.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 4 - Administrative Provisions › Chapter 81 - Fees and Costs › Subchapter L - Private Radiologic Technologists › Section XLV-8185 - Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. For processing
					 an application for certification of a private radiological technologist as to
					 proficiency, a fee of $35, of which $25 represents a nonrefundable processing
					 fee, shall be payable to the board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1292.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 4 - Administrative Provisions › Chapter 83 - General Information › Subchapter B - Board Organization › Section XLV-8315 - Executive Director; Director of Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. No individual shall simultaneously hold
					 the positions of executive director and director of investigations for the
					 board nor shall the executive director serve as an investigator on any
					 complaint received or initiated by the board with respect to a physician. Each
					 of these positions may be filled by the board on an interim basis; however, if
					 a position remains vacant for a period of six months, the board shall notify
					 its legislative oversight committees of such fact and its plans and anticipated
					 time frame within which to fill the position.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						1261-1292.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 93 - Miscellaneous Provisions › Subchapter A - Petitions for Rulemaking › Section XLV-9301 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
					 Subchapter prescribes the procedures by which interested persons may petition
					 the Board of Medical Examiners to exercise its rulemaking authority to adopt,
					 amend or repeal administrative rules.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						49:952(2), 953C(1),
						R.S.
						37:1270.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 93 - Miscellaneous Provisions › Subchapter A - Petitions for Rulemaking › Section XLV-9303 - Definitions as Used in This Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this Subchapter, the following
					 terms shall have the meanings specified.
Interested Person
-a person who or
						which:
a. holds or has applied for any
					 license, certificate, permit or registration issued by the board; or
b. is subject to the regulatory jurisdiction
					 of the board; or
c. is or may be
					 affected by the practice of individuals regulated by the board.
Person
-an individual natural person,
						partnership, corporation, company, association, governmental subdivision or
						other public or private organization or entity.
Rulemaking
-the process by which the
						board exercises its authority under the laws of the state of Louisiana,
						including the Administrative Procedure Act,
						R.S.
						49:950 et seq., the Louisiana Medical
						Practice Act,
						R.S.
						37:1261 et seq., and the other acts
						administered by the board, to formulate, propose and adopt, amend or repeal and
						promulgate administrative rules and regulations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 93 - Miscellaneous Provisions › Subchapter A - Petitions for Rulemaking › Section XLV-9305 - Petitions for Rulemaking

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General Form. A petition for rulemaking must be submitted to the board in
					 writing, legibly printed or typed.
B. Title and Signature. The petition shall be
					 plainly and prominently titled as such and manually signed by an individual
					 petitioner, authorized officer or representative of the petitioner, or attorney
					 representing the petitioner. The full name, title or office, if any, address
					 and telephone number of a person signing a petition shall be printed or typed
					 under the person's signature. Signees signing in a representative capacity must
					 be clearly identified.
C. Required
					 Contents. A petition for rulemaking shall:
1.
					 clearly identify each petitioner by name and address of residence or principal
					 place of business;
2. describe the
					 legal status or nature of the petitioner to establish that the petitioner is an
interested person
, within the meaning of Section 9303 of this
					 Subchapter;
3. if a petition for
					 adoption of a new rule, set forth a concise statement of the substance, nature,
					 purpose and intended effect of the proposed rule and citation to the statutory
					 authority for the board's rulemaking authority in the manner and on the subject
					 requested;
4. if a petition for
					 amendment of an existing rule, specify, by citation to the
Louisiana
					 Administrative Code
, the rule or rules which the petitioner requests
					 that the board amend, together with a concise statement of the manner in which
					 it is proposed that the rule or rules be amended, the purpose and intended
					 effect of the requested amendment, and citation to the statutory authority for
					 the board's exercise or rulemaking authority in the manner and on the subject
					 requested;
5. if a petition for
					 repeal of an existing rule, specify, by citation to the
Louisiana
					 Administrative Code
, the rule or rules which the petitioner requests
					 that the board repeal, together with a concise statement of the purpose and
					 intended effect of such repeal;
6.
					 set forth a concise statement of the facts, circumstances, and reasons which
					 warrant exercise of the board's rulemaking authority in the manner
					 requested.
7. set forth a statement
					 or prayer expressing the action sought by the petition; and
8. contain any other information deemed
					 necessary by the board, in its discretion, in order that it may properly
					 consider the petition.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 93 - Miscellaneous Provisions › Subchapter A - Petitions for Rulemaking › Section XLV-9307 - Consideration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Consideration by
					 the Board. A petition for rulemaking may be considered and acted on at any
					 regular or special meeting of the board. Within the time prescribed by Section
					 9309 of this Subchapter, the board may request additional information from the
					 petitioner or interested persons other than the petitioner as it may deem
					 relevant to its consideration.
B.
					 Presentations. Within the time prescribed by Section 9309 of this Subchapter,
					 the board may, on its own initiative or at the request of the petitioner or any
					 other interested appear before the board to make an oral presentation of
					 information, data, views, comments and arguments in support of or opposition to
					 the requested rulemaking.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						49:952(2), 953C(1),
						R.S.
						37:1270.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 93 - Miscellaneous Provisions › Subchapter A - Petitions for Rulemaking › Section XLV-9309 - Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Form of
					 Determination. The board may grant or deny a petition for rulemaking, in whole
					 or in part. The board's determination shall be stated in writing and
					 transmitted by U.S. mail to the person signing the petition. If the board
					 denies a petition for rulemaking, in whole or in part, its determination shall
					 state the reasons. If the board grants a petition for rulemaking, in whole or
					 in part, it shall initiate rulemaking proceedings in accordance with the
					 Louisiana Administrative Procedure Act. However, nothing in this Subchapter
					 shall be construed to require that the board, in granting a petition for the
					 adoption or amendment of a rule, employ or use the specific form or language
					 requested by the petitioner, provided that the rule or amendment proposed by
					 the board gives effect to the substance and intent of the petition.
B. Time for Determination. The board will
					 render its determination with respect to a petition for rulemaking:
1. within 90 days of the date on which a
					 complete petition conforming to the requirements of §9305 of this Subchapter is
					 filed with the board; or
2. within
					 60 days of the date on which, at the request of the petitioner, the board
					 entertains an oral presentation by the petitioner, whichever is
					 later.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 93 - Miscellaneous Provisions › Subchapter A - Petitions for Rulemaking › Section XLV-9311 - Construction and Effect

Current through Register Vol. 50, No. 6, June 20, 2024
A. Board
					 Discretion in Rulemaking. The provisions of this Subchapter are intended to
					 provide an orderly and reasonable means for interested persons to petition the
					 board to exercise its rulemaking authority under law and to provide for board
					 consideration of such petitions. Petitions for rulemaking are addressed to the
					 board's discretion as to the necessity or appropriateness of the adoption,
					 amendment or repeal of a rule in the discharge of its licensing and regulatory
					 responsibilities under the law. Nothing in this Subchapter shall be deemed to
					 create any right or entitlement in any person to require the board to exercise
					 its rulemaking authority.
B. Nature
					 and Effect of Determination. The board's disposition of a petition for
					 rulemaking by a determination made under §9309 of this Subchapter does not
					 constitute, and shall not be deemed to constitute, a decision or order within
					 the meaning of Louisiana Administrative Procedure Act,
					 R.S.
					 49:951(3) or a declaratory
					 order or ruling within the meaning of
					 R.S.
					 49:962 and the procedures prescribed by this
					 Subchapter do not constitute an adjudication within the meaning of
					 R.S.
					 49:951(1). A determination
					 by the board with respect to a petition for rulemaking is final and not subject
					 to judicial review or other appeal.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						49:952(2), 953C(1),
						R.S.
						37:1270.
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-9701 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				  this Chapter govern the boards processing of complaints and investigations
				  relative to the laws governing physicians, allied health care practitioners, as
				  defined herein, and applicants seeking to practice as a physician or allied
				  health care practitioner, as well as other state and federal laws to which
				  physicians and allied health care practitioners are subject and the boards
				  rules. These rules are intended to supplement, but not replace, any applicable
				  provision of the Louisiana Administrative Practice Act,
				  R.S.
				  49:950 et seq. regarding the disciplinary
				  process and procedures. To the extent that any Rule of this Part is in conflict
				  therewith, the provisions of the Louisiana Administrative Procedure Act shall
				  govern.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1261-1292 and
					 37:1270(A)(5)
					 and
					 37:1285.2.
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-9705 - Complaint Origination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Complaints may be initiated by any person other than an employee of the board
				  or initiated by the board on its own motion pursuant to
				  R.S.
				  37:1285.2(A).
B. The board provides a complaint form on its
				  website,
www.lsbme.la.gov
., which is to
				  be completed, dated and signed by persons making complaints to the board. Use
				  of the form is preferred but not required.
C. The board shall not take action on an
				  anonymous complaint except when supported by apparently reliable information or
				  evidence provided with the complaint or obtainable from another
				  source.
D. The identity of and
				  communications from a complainant constitute part of the records or files of
				  the case and shall:
1. during a preliminary
				  review, be maintained in confidence by the board. Confidentiality shall be
				  waived only by written authorization of the complainant, when the complainant
				  will be offered as a witness in a formal administrative hearing before the
				  board or as otherwise provided by law; and
2. after the filing of an administrative
				  complaint pursuant to Chapter 99 of these rules, not remain confidential unless
				  authorized by ruling of independent counsel or the board pursuant to
				  §9905 of these
				  rules.
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-9707 - Complaint Processing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  boards staff processes all complaints and conducts all investigations on behalf
				  of the board.
B. Any staff member
				  of the board, except the executive director, may act as the lead investigator
				  on any complaint received by the board regarding a physician or any
				  investigation regarding a physician initiated by the board on its own
				  motion.
C. Repealed.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1261-1292 and
					 37:1270(A)(5).
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-9709 - Preliminary Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  preliminary review may be initiated to determine if the complaint is
				  jurisdictional and whether sufficient cause exists to warrant formal
				  investigation only upon one or more of the following:
1. a complaint, received from a person, other
				  than an individual employed by the board;
2. a report, received from a law enforcement
				  agency, federal or state regulatory agency, a reporting authority verified by
				  the board through electronic or other means, or a professional health or other
				  monitoring or treatment program, that may implicate a potential violation of
				  the laws or rules administered by the board; and
3. a motion duly adopted by a vote of
				  two-thirds of the members, that sufficient cause exists to indicate a violation
				  of the laws or rules administered by the board may have
				  occurred.
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-9713 - Informal Settlements and Consent Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may, before, during, or
				  following an investigation, or after filing an administrative complaint,
				  dispose of any complaint through informal disposition.
B. Informal dispositions may take the form of
				  any disposition recognized by
				  R.S.
				  49:955 D, or any other form of agreement which
				  adequately addresses the complaint or matter under review or investigation;
				  provided, however, that such dispositions are considered by the board only upon
				  the recommendation of the boards lead investigator with respect to the
				  investigation and all such dispositions require approval by a majority vote of
				  the board members present and voting at a board meeting.
C. Informal dispositions may be either
				  non-disciplinary or disciplinary:
1.
				  Non-disciplinary dispositions consist of correspondence, an informal conference
				  and a letter of concern. These dispositions shall not constitute disciplinary
				  action, are not a public record of the board and are not reported and
				  distributed in the same manner as final decisions of the board.
2. Disciplinary dispositions consist of
				  consent orders, and other orders and agreements, and stipulations for voluntary
				  surrender of a license that are approved by the board as evidenced by the
				  signature of the president or other authorized signatory. These dispositions
				  shall constitute disciplinary action, shall be a public record of the board,
				  and are reported and distributed in the same manner as final decisions of the
				  board. Prior to offering a consent order the DOI shall make available the
				  records or files of the case pertaining to the complaint against the licensee
				  before the board. Such offer may be transmitted with a proposed consent order
				  provided the individual is advised of his/her opportunity to review the records
				  or files of the case prior to considering the consent order. Unless waived, the
				  licensee may accept this offer any time before signing a consent
				  order.
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-9714 - Guidelines for Determining Whether to Issue Public or Non-Public Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board has
				  the responsibility to consider and determine appropriate action as to all
				  conduct alleged to violate the Louisiana Medical Practice Act, R.S. 37:12611292
				  et seq., other practice acts respecting allied health care practitioners
				  governed by the board, and the rules and regulations promulgated by the board
				  in carrying out the provisions of this Part.
B. This Section provides guidance as to the
				  criteria the board may consider in determining whether informal complaint
				  disposition is non-disciplinary (not public) or disciplinary
				  (public).
C. This Section is
				  intended to compliment, but not limit the board's authority to make such
				  dispositions as it may deem appropriate under the particular facts and
				  circumstances presented in any matter.
D. In determining whether informal complaint
				  disposition is non-disciplinary or disciplinary, as well as the terms and
				  conditions of disciplinary dispositions, the board may consider aggravating or
				  mitigating circumstances. A list of aggravating and mitigating circumstances is
				  set forth below but is neither intended to be nor shall it be construed as an
				  exclusive listing of circumstances.
1.
				  Aggravating circumstances may warrant a disciplinary disposition or, in the
				  case of a disciplinary disposition, justify revocation, the duration of
				  suspension and enhancement of the period and type of probationary terms,
				  conditions and/or restrictions of a consent or other board order. Aggravating
				  circumstances include, but are not limited to:
a. a danger to public health, safety and
				  welfare;
b. patient(s) harm or one
				  or more violations that involve more than one patient;
c. severity of patient harm;
d. prior similar violations or board
				  disciplinary action;
e.
				  disciplinary action in another jurisdiction or by a government agency, peer
				  review or professional organization or health care entity;
f. conduct involving patient
				  exploitation;
g. failure to provide
				  professional service to a person because of such person's race, creed, color or
				  national origin;
h. failure to
				  cooperate with board investigation or failure to adhere/comply with previous
				  board order;
i. dishonesty or
				  selfish motive;
j. attempt to
				  conceal, or refusal to acknowledge nature of conduct;
k. financial benefit to licensee or
				  applicant;
l. other relevant
				  circumstances increasing the seriousness of the misconduct.
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-9716 - Complaint Disposition Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. These complaint disposition guidelines are
				  designed to:
1. provide guidance to the board
				  in assessing administrative disciplinary dispositions for violations of the
				  Louisiana Medical Practice Act and the various practice acts governing allied
				  healthcare practitioners regulated by the board; and
2. promote consistency in administrative
				  disciplinary dispositions for similar violations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9901 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				  this Chapter govern the board's initiation and adjudication of administrative
				  complaints providing cause under law for the suspension, revocation, imposition
				  of probation on, or other disciplinary action against persons holding licenses,
				  permits, certifications, or registration issued by the board or applicants
				  therefor.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9902 - General Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  definitions set forth in Chapter 97 of these rules shall equally apply to this
				  Chapter, unless the context clearly states otherwise.
B. In addition, as used in this Chapter, the
				  following additional terms and phrases shall have the meanings specified:
Respondent-
a licensee or applicant who is
					 the subject of an administrative enforcement action by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B)(6) and
					 37:1285.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9903 - Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. Proceedings to
				  adjudicate an administrative enforcement action shall be initiated by the
				  filing of a written administrative complaint with the board. The complaint
				  shall be signed by the investigating officer appointed and designated by the
				  board with respect to the subject matter of the complaint and shall name the
				  accused licensee as respondent in the proceedings.
B. The complaint shall set forth, in
				  separately numbered paragraphs, a concise statement of the material facts and
				  matters alleged and to be proven by the investigating officer including the
				  facts giving rise to the board's jurisdiction over the respondent, the facts
				  constituting legal cause under law for administrative action against the
				  respondent, and the statutory or regulatory provisions alleged to have been
				  violated by respondent. The complaint shall conclude with a request for the
				  administrative sanction or other relief sought by the investigating officer and
				  shall bear the name, address, and telephone number of complaint counsel engaged
				  by the board to present the case at evidentiary hearing before the
				  board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9905 - Notice of Hearing; Complainant Anonymity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the filing of an administrative
				  complaint pursuant to §9903, the board shall docket the complaint and schedule
				  the complaint for hearing before the board not less 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 investigating officer 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), evidentiary
				  hearing on the complaint shall be noticed and scheduled not more than 60 days
				  from the date of suspension, unless respondent waives convening a hearing
				  during such period.
B. A written
				  notice of the complaint and the time, date, and place of the scheduled hearing
				  thereon shall be served upon the respondent by registered,
				  return-receipt-requested mail, as well as by regular first class mail, at the
				  most current address for the respondent reflected in the official records of
				  the board, or by personal delivery of the complaint to the respondent. The
				  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.
C.
				  The notice shall also include the right to be represented by legal counsel of
				  respondents selection and at his or her cost, and the right to face any
				  complainant at an administrative hearing unless, following a review of all
				  evidence relating to the complaint submitted by the DOI and respondent,
				  independent counsel rules that the complainant may remain anonymous. The ruling
				  of independent counsel relative to complaint anonymity may be overruled by a
				  motion duly adopted by a two-thirds vote of the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B) and
					 37:1285.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9907 - 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 board, on motion of the respondent, may
				  permit, the respondent may answer the complaint, admitting or denying each of
				  the separate allegations of fact and of law set forth therein. Any matters
				  admitted by respondent shall be deemed proven 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 denied.
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 process 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.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9909 - 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 in connection with a pending adjudication proceeding shall be filed
				  by personal delivery at or by mail to the office of the board and shall by the
				  same method of delivery be concurrently served upon complaint counsel
				  designated by the complaint, if filed by or on behalf of the 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
				  by 11 inches) 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 caption and docket number 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 §9909 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.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9911 - Prehearing Motions

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 investigating officer, through complaint
				  counsel, may file a memorandum in opposition to or otherwise setting forth the
				  investigating officer's position with respect to the motion.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9913 - 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
				  §9911 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 board 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, welfare, and safety. 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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9915 - Disposition of Prehearing Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any prehearing motion, other than an
				  unopposed initial motion for continuance of hearing which may be granted by the
				  executive director, shall be referred for decision to the presiding officer of
				  the hearing panel designated with respect to the proceeding for ruling. The
				  presiding officer, in his discretion, may refer any prehearing motion to the
				  entire panel for disposition, and any party aggrieved by the decision of a
				  presiding officer on a prehearing motion may request that the motion be
				  reconsidered by the entire panel.
B. Prehearing motions shall ordinarily be
				  ruled upon by the presiding officer 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 presiding officer may grant opportunity for hearing, by oral
				  argument, on any prehearing motion.
C. The president of the board or presiding
				  officer of the hearing panel, as the case may be, may delegate the task of
				  ruling on prehearing motions to the boards independent legal counsel appointed
				  pursuant to §9921D, who is independent of complaint counsel and who has not
				  participated in the investigation or prosecution of the case.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9916 - Discovery; Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
				  filing and notice of an administrative complaint has been served pursuant to
				  §9905 of this Chapter:
1. the parties or their respective counsel
				  shall, within the time frames established by the prehearing conference order,
				  provide the other with a list of all witnesses and copies of all exhibits that
				  may be offered as evidence at the adjudication hearing. Respondent shall also
				  be provided a copy of any written or recorded statement he may have provided to
				  the board and any exculpatory material the board may possess concerning the
				  respondent;
2. subpoenas and
				  subpoenas duces tecum may be requested pursuant to
				  §9917 of these rules and discovery may
				  be conducted in accordance with the Louisiana Administrative Procedure
				  Act.
3. the records or files of the
				  case regarding the complaint shall be made available to the respondent through
				  full discovery and disclosed to the respondent at his or her request.
4. Any potential exculpatory evidence shall
				  be disclosed to the respondent whether or not requested and whether or not
				  reduced to recorded or documentary form.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9917 - Subpoenas for Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon request
				  of the respondent or complaint counsel and compliance with the requirements of
				  this Section, the executive director, or such other individuals as may be
				  designated by the board, 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. 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 board
				  with reference to the value of time employed and the degree of learning or
				  skill required.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9919 - Prehearing Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any
				  case of adjudication noticed and docketed for hearing a prehearing conference
				  shall be held among the parties or their respective counsel, together with the
				  board's independent counsel appointed pursuant to §9921. D hereof, 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, agree in writing on a prehearing stipulation or order 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 the 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.
6. dates for exchanging
				  and supplementing lists of witnesses and copies of exhibits that may be offered
				  at the hearing and discovery.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9920 - Recusal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any board member
				  who, because of bias or interest, is unable to assure a fair hearing shall be
				  recused from that particular proceeding. The reasons for the recusal shall made
				  part of the record. Should the majority of the board members be recused for a
				  particular proceeding, the governor shall be requested to appoint a sufficient
				  number of pro tem members to obtain a quorum for the proceeding.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1261-1292 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9921 - Conduct of Hearing; Record; Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless requested by the respondent,
				  adjudication hearings shall be conducted in closed session.
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 hearing panel, 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 evidentiary hearing, the presiding
				  officer shall rule upon all evidentiary objections and other procedural
				  questions, but in his discretion may consult with the entire panel in executive
				  session. At any such hearing, the board 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 panel is attended by such counsel, the presiding officer 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.