Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3905 - Initiation of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  person or the advisory committee on their own initiative may initiate
				  complaints.
B. All complaints shall
				  be addressed "confidential" to the Ad Hoc Committee for Disciplinary Affairs
				  (hereafter referred to as the disciplinary committee) and shall be sent to the
				  board office. A member of the advisory committee shall be appointed to serve on
				  the Ad Hoc Committee for Disciplinary Affairs, by the chair of the board, and
				  shall be empowered to act on behalf of the advisory committee. He/she shall
				  concur or disagree with the recommendation of the disciplinary committee chair
				  and such concurrence or disagreement shall constitute the official
				  recommendation of the advisory committee as to the complaint in question. The
				  disciplinary committee shall convey the complaint to the board. By a simple
				  majority, the disciplinary committee shall vote to investigate or deny the
				  charge. If a denial, the chair of the disciplinary committee shall prepare the
				  letters of denial. If an agreement to investigate, the board shall request that
				  the disciplinary committee notify the person that allegations have been made
				  that he/she may have committed a breach of statute, rule and regulation,
				  ethical code, and/or prior final decisions or consent orders and that he/she
				  must respond in writing to the disciplinary committee within a specified time
				  period. A response is to be made to the disciplinary committee at the board
				  office address. The complaint letter of alleged violations shall not be given
				  initially to the person. However, sufficiently specific allegations shall be
				  conveyed to the person for his/her response. Once the person has answered the
				  complaint, a determination will be made if a disciplinary proceeding is
				  required. The disciplinary committee shall inform the board of its
				  decision.
C. Pursuant to its
				  authority to regulate this industry, the board, upon recommendation of the
				  advisory committee through its disciplinary committee, may issue subpoenas to
				  secure evidence of alleged violations of the Louisiana Mental Health Counselor
				  Licensing Act, any of the rules and regulations or ethical standards for
				  licensed marriage and family therapists or provisional licensed marriage and
				  family therapists promulgated by the board for the advisory committee, or prior
				  final decisions and/or consent orders involving the licensed marriage and
				  family therapist, provisional licensed marriage and family therapists, or
				  applicant for licensure or provisional licensure. The subpoenaed confidential
				  or privileged records of a patient or client are to be sanitized by the
				  custodian of such records so as to maintain the anonymity of the patient or
				  client.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.