Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-381 - Disposition of Complaints [Formerly Sections 333 and 335]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Some complaints may be settled informally
					 by the board and the Respondent without a formal hearing. The following types
					 of informal dispositions may be utilized:
1.
					 Disposition by Correspondence. For less serious complaints, the executive
					 director or legal counsel may write to the Respondent explaining the nature of
					 the complaint received. If the Respondent's subsequent response satisfactorily
					 explains the situation, the matter may be dropped. If the situation is not
					 satisfactorily explained, it may be scheduled for an Informal
					 Conference.
2. Informal Conference.
					 An Investigative Committee of the board may conduct an Informal Conference with
					 the Respondent. The Respondent shall be given reasonable notice to participate
					 in the Informal Conference and provided with a description of the issues to be
					 discussed, the possible violations of law or rules and whether admissions by
					 Respondent in the Informal Conference may later be used in a formal hearing.
3.
letter of
					 concern
, as defined in §123;
4. consent order. If the respondent and the
					 board member participating in the Investigative Committee agree on the
					 essential facts and law arising out of the complaint and on sanctions to be
					 imposed on the respondent, the complaint may be resolved by a consent order to
					 be presented by the participating board member or by board legal counsel for
					 approval, amendment or rejection. If accepted by the board and the respondent,
					 the consent order shall be finalized as a board order and shall be reported to
					 the NPDB and published as a disciplinary action of the board;
5. dismissal:
a. a complaint may be dismissed for the
					 following reasons:
i. the absence of
					 adequate, credible evidence; or
ii.
					 other reasons which the Investigative Committee believes are justification for
					 dismissal;
b. when it is
					 the decision of the Investigative Committee to dismiss a complaint, the
					 complainant shall be provided with a letter explanation for dismissal of the
					 complaint;
6. education.
					 After review and investigation of a complaint, the Investigative Committee may
					 require the licensee to participate in an educational meeting with the
					 Investigative Committee, or other persons as delegated by the Investigative
					 Committee, to discuss the laws and rules as they apply to the practice of
					 physical therapy. Request for an educational meeting shall be in writing and
					 shall provide the date, time, location, and matters to be discussed. This
					 meeting shall be confidential and shall not be reported to the NPDB nor
					 published as a disciplinary action of the board. Failure to comply with the
					 request for an educational meeting shall be deemed a failure to cooperate with
					 the board in violation of
					 §383 A