Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXV - Speech Pathology and Audiology › Chapter 5 - Procedural Rules › Section LXXV-501 - Investigation of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board is authorized to receive from any person, a complaint(s) against
				licensees, registrants, applicants, or other persons engaging in practices
				which violate or are alleged to violate the provisions of
				R.S.
				37:2650 et seq.
B. Any complaint bearing on a licensee or
				registrant's professional competence, conviction of a crime, unauthorized
				practice, mental competence, neglect of practice, or violation of state law or
				ethical standards where applicable to the practice of audiology or
				speech-language pathology shall be submitted to the board.
C. Once a written complaint is received, the
				board shall designate a board member consultant to assist in the investigatory
				process. The board member consultant will assist the investigator by providing
				information related to the area of practice. Following completion of the
				investigation, the investigator and the board member consultant may recommend
				disposal of the complaint informally through correspondence or conference with
				the licensee, registrant, and/or the complainant, which may result in a private
				letter of concern or a consent agreement and order. If the licensee or
				registrant stipulates to the complaint and waives her/his right to a formal
				hearing, the board may impose appropriate sanctions without delay.
D. The board's designated investigator shall
				have authority to investigate the nature of the complaint through conference,
				correspondence, and other investigative procedures, directed to those parties
				or witnesses involved. The board's designated investigator shall send the
				involved licensee or registrant notice by certified mail, return receipt
				requested, of the investigation containing a short summary of the complaint.
				All subsequent letters to the involved licensee or registrant, all letters to
				the complainant, or any other witness, shall be sent with a designation
				"personal and confidential" clearly marked on the outside of the
				envelope.
E. The designated
				investigator shall conclude the investigation as quickly as possible, without
				compromising thoroughness. Unless good cause is shown by the designated
				investigator satisfactory to the board, which may extend the time for the
				investigation, the investigation and recommendations to the board shall be
				delivered to the board member consultant within 60 days of the date that the
				designated investigator first received the assignment from the board.
F. Following an investigation, the designated
				investigator shall report to the board member consultant and together they will
				make a recommendation to the board for either dismissal of the complaint or
				proceeding to an informal hearing, consent agreement and order, or formal
				hearing. Following the completion of the investigation, the board member
				consultant will be recused from final adjudication, deliberations, and
				voting.
G. If the designated
				investigator and board member consultant's recommendation for an informal
				hearing is accepted by the board, the designated investigator shall notify the
				licensee or registrant of the time, date, and place of the informal hearing and
				of the issues to be discussed. The licensee or registrant shall appear on a
				voluntary basis. The licensee or registrant shall be advised that the hearing
				will be informal, no attorneys will be present, and no transcript of the
				hearing will be made. Any witnesses who testify will not be placed under oath,
				and no subpoenas will be issued. The licensee or registrant shall be informed
				that any statements made at the informal hearing will not be used or introduced
				at a formal hearing, unless all parties consent. If the licensee or registrant
				notifies the designated investigator that s/he does not wish an informal
				hearing, or if the licensee fails or refuses to attend an informal hearing, the
				informal hearing shall not be held. In that event, the board shall initiate a
				formal disciplinary hearing.
H. A
				complaint may be resolved by:
1. a private
				letter of concern to the licensee, registrant, or other appropriate
				parties.
2. a consent agreement and
				order approved by the board and entered into by the licensee or
				registrant.