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-387 - Formal Hearings [Formerly Section 337]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board is authorized by R.S. 37:2420,
					 to initiate administrative proceedings against persons to whom it has issued a
					 license to practice as a PT or PTA or against any applicant requesting a
					 license. The board and the Respondent accused of a violation are the parties to
					 the proceeding. The person has the right to appear and be heard, either in
					 person or through counsel; the right to notice, a statement of what accusations
					 have been made; the right to present evidence and to cross examine; and the
					 right to have witnesses subpoenaed.
B. If the Respondent does not appear, either
					 in person or through counsel, after proper notice has been given, the
					 Respondent is deemed to have waived these rights and the board may proceed with
					 the hearing without the presence of the Respondent.
C. Disciplinary proceedings shall include
					 certain steps, and may include other steps as follows.
1. The board has received or originated a
					 complaint alleging that a licensee or applicant has acted in violation of the
					 Practice Act or board rules.
2.
a. The complaint is investigated by the
					 Investigative Committee as defined in
					 §123 to determine if there is sufficient
					 evidence to warrant disciplinary proceedings. Once the complaint is under
					 investigation, no board member (except board members serving as members of an
					 Investigative Committee) shall receive or review any information relevant to
					 the subject matter of the investigation or communicate with the respondent or
					 his legal representative, potential witnesses, or any member of the
					 Investigative Committee concerning any issue of fact or law relevant to the
					 investigation. A board member who has served on the Investigative Committee
					 shall not serve as a member of a hearing panel of the board in the adjudication
					 of a case previously investigated by the board member.
b. A decision to initiate a formal complaint
					 or charge is made if one or more of the following conditions exist:
i. the conduct complained of is sufficiently
					 serious;
ii. the Respondent,
					 through board correspondence, has been given an opportunity to show compliance
					 with lawful requirements for the retention of his license without restriction
					 as contemplated by R.S. 49:961.C, but the Respondent fails to respond,
					 affirmatively waives the opportunity or provides an unconvincing response to
					 the board's correspondence; or
iii.
					 an Informal Conference is conducted, but fails to resolve all of the issues or
					 reach a Consent Order acceptable to the board and the
					 Respondent.
3.
					 A sworn complaint is filed, charging the violation of one or more of the
					 provisions of the Practice Act and/or board rules and the specific violation
					 thereof.
4. A time and place for a
					 hearing is fixed by the chairman or an agent of the board.
5.
a. At
					 least 20 days prior to the date set for the hearing, a copy of the charges in
					 the form of an Administrative Complaint shall be served on the Respondent by
					 certified mail with return receipt as well as by regular first class mail at
					 the most current address reflected in the official records of the board, or by
					 personal service on the Respondent. Respondent is obligated to provide current
					 contact information to the board as required by §317 If service by certified
					 mail is not effective or is returned unclaimed, attempted personal service does
					 not succeed and attempted notice at Respondent's email address and telephone
					 number also are unsuccessful, the complaint may be adjudicated by default
					 pursuant to R.S. 49:955.D.
b. The
					 content of the charges limits the scope of the hearing and the evidence which
					 may be introduced. The charges may be amended at any time up to ten days prior
					 to the date set for the hearing.
c.
					 If the board is unable to describe the matters involved in detail at the time
					 the sworn complaint is filed, this complaint may be limited to a general
					 statement of the issues involved. Thereafter, upon respondent's request, the
					 board shall provide a more definite and detailed statement.
d. The respondent may file a written answer
					 to the complaint within 15 days of service, admitting or denying each of the
					 separate allegations. Any matter admitted by the respondent shall be deemed
					 proved and established for the purpose of adjudication. In the event the
					 respondent does not answer the complaint, all allegations will be deemed
					 denied.
e. At any time after
					 service of the administrative complaint, a respondent who chooses to be
					 represented by legal counsel shall provide written notification to the board's
					 prosecuting attorney of the name, address and telephone number of such counsel.
					 Following receipt of proper notice of representation, all further notices,
					 correspondence, administrative complaints, subpoenas, orders or other process
					 shall be served on Respondent through his counsel of
					 record.
6. Except for
					 extreme emergencies, motions requesting a continuance of a hearing shall be
					 filed no less than five days prior to the time set for the hearing. The motion
					 shall contain the reason for the request, which reason must have relevance to
					 due process.