Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 63 - Polysomnographic Technologists and Technicians › Subchapter D - Grounds for Administrative Action › Section XLV-6313 - Causes for Disciplinary Action

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The board may refuse to issue, renew or reinstate, or may suspend, revoke, or
					 impose probationary conditions and restrictions on the holder of any license or
					 permit to practice polysomnographic technology in this state or on an
					 applicant, if the applicant, licensee or permit holder has been guilty of
					 unprofessional conduct which has endangered or is likely to endanger the
					 health, welfare, or safety of the public.
B. As used herein and in
					 R.S.
					 37:2867(A), "unprofessional
					 conduct" by an applicant, licensee or holder of a permit to practice
					 polysomnographic technology in this state shall mean and include, but not be
					 limited to:
1. conviction of a crime or entry
					 of a plea of guilty or nolo contendere to a criminal charge constituting a
					 felony under the laws of Louisiana, of the United States, or of the state in
					 which such conviction or plea was entered;
2. conviction of a crime or entry of a plea
					 of guilty or nolo contendere to a criminal charge constituting a misdemeanor
					 under the laws of Louisiana, of the United States, or of the state in which
					 such conviction or plea was entered, arising out of the practice of
					 polysomnographic technology;
3.
					 fraud, deceit, misrepresentation, or concealment of material facts in procuring
					 or attempting to procure a license or permit to engage in the practice of
					 polysomnographic technology;
4.
					 providing false testimony before the board or providing false sworn information
					 to the board;
5. the habitual or
					 recurring abuse of drugs, including alcohol, which affect the central nervous
					 system and which are capable of inducing physiological or psychological
					 dependence;
6. cognitive or
					 clinical incompetency;
7.
					 continuing or recurring practice which fails to satisfy the prevailing and
					 usually accepted standards of the practice of polysomnographic technology in
					 this state;
8. interdiction by due
					 process of law;
9. failing to
					 successfully complete the continuing professional education requirement for
					 polysomnographic technology as provided in Chapter 33, Subchapter G of these
					 rules;
10. solicitation of patients
					 or self-promotion through advertising or communication, public or private,
					 which is fraudulent, false, deceptive, or misleading;
11. making or submitting false, deceptive, or
					 unfounded claims, reports, or opinions to any patient, insurance company, or
					 indemnity association, company, individual, or governmental authority for the
					 purpose of obtaining anything of economic value;
12. knowingly performing any act which in any
					 way assists an individual who does not hold a license or permit to practice
					 polysomnographic technology in this state to engage in the practice of
					 polysomnographic technology, or having a professional connection with or
					 lending one's name to an illegal practitioner;
13. paying or giving anything of economic
					 value to another person, firm, or corporation to induce the referral of
					 patients to a sleep center, laboratory or other entity for polysomnographic
					 technology services or procedures;
14. inability to practice polysomnographic
					 technology with reasonable competence, skill or safety to patients because of
					 mental or physical illness, condition or deficiency, including but not limited
					 to deterioration through the aging process or excessive use or abuse of drugs,
					 including alcohol;
15. refusal to
					 submit to examination and inquiry by an examining committee of physicians
					 appointed by the board to inquire into the physical and/or mental fitness and
					 ability of an applicant, licensee or permit holder to practice polysomnographic
					 technology with reasonable skill or safety;
16. failure to respond or to provide
					 information or items within the time requested by the board's staff, or to
					 respond to a subpoena issued by the board, or to complete an evaluation within
					 the time designated by the board;
17. practicing polysomnographic technology
					 other than on the written prescription or verbal order of a physician and under
					 his or her direction or supervision, or performing, attempting to perform, or
					 permitting anyone else to perform any procedure not authorized by licensure or
					 permit;
18. intentional violation
					 of any federal or state law, parish or municipal ordinance, the state sanitary
					 code, or rule or regulation relative to any contagious or infectious
					 disease;
19. violation of the code
					 of ethics adopted and published by the BRPT;
20. the refusal of the licensing authority of
					 another state to issue or renew a license or permit to practice
					 polysomnographic technology in that state, or the revocation, suspension, or
					 other restriction imposed on a license or permit issued by such licensing
					 authority which prevents, restricts, or conditions practice in that state, or
					 the surrender of a license or permit issued by another state when criminal or
					 administrative charges are pending or threatened against the holder of such
					 license or permit;
21. violating or
					 helping someone else violate any rule and regulation of the board, or any
					 provision of the Act, as may be amended, R.S. 37:2861-2870.