Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 97 - Complaints and Investigations › Section XLV-9703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter, the following terms shall have the meanings specified.
Allied Health Care Practitioner
-an
					 individual, other than a physician, authorized by the board to practice in this
					 state including, but not limited to: a licensed acupuncturist, pursuant to
					 R.S.
					 37:1360; an athletic trainer pursuant to R.S.
					 37:3301-3312; a clinical exercise physiologist pursuant to R.S. 37:3421-3433;
					 clinical laboratory personnel pursuant to R.S. 37:1311-1329; a genetic
					 counselor pursuant to
					 R.S.
					 37:1360.101-1360.111; a medical psychologist
					 pursuant to
					 R.S.
					 37:1360.51-1360.72; a midwife pursuant to
					 R.S. 37:3240-3257; an occupational therapist or occupational therapy assistant
					 pursuant to R.S. 37:3001-3014; a perfusionist pursuant to R.S. 37:1331-37:1343;
					 a physician assistant pursuant to
					 R.S.
					 37:1360.21-1360.38; a podiatrist pursuant to
					 R.S. 37:611-628; a polysomnographic technologist or technician pursuant to R.S.
					 37:2861-2870; a private radiological technologist pursuant to
					 R.S.
					 37:1292; a licensed respiratory therapist
					 pursuant to R.S. 37:3351-3361; as well as any other an individual who holds any
					 form of health care practitioner license, certificate, registration or permit
					 that the board is authorized to issue, other than as a physician.
Applicant
-
an individual
who has applied to the board for lawful authority to engage in the practice of
					 medicine or that of an allied health care practitioner in this state.
Board
-the Louisiana State Board of Medical
					 Examiners, as established in the Louisiana Medical Practice Act, R.S.
					 37:1261-1292.
Compliance Counsel
-a Louisiana licensed
					 attorney designated to assist the board to observe and comply with the rules of
					 this Chapter and corresponding laws, who is independent of the DOI and the
					 licensee and has not participated in the review, investigation, recommendations
					 for disposition or prosecution of the case; provided, however, that compliance
					 counsel may attend meetings between the DOI and a licensee held pursuant to
					 this Chapter for purposes of compliance.
Complaint
-any information, claim or report
					 of whatsoever kind or nature received or obtained by the board, or initiated by
					 the board on its own motion pursuant to
					 R.S.
					 37:1285.2(A), that alleges
					 or may indicate a violation of the law by a licensee or an applicant.
Director of Investigations
(
DOI
or sometimes also referred to in this Part as the
Investigating Officer
)-a physician possessing the
					 qualifications specified by
					 R.S.
					 37:1270 A(9), appointed by
					 the board to serve as the lead investigator for any complaint.
Independent Counsel-
an individual licensed
					 to practice law in this state and who is appointed pursuant to
					 §9921.D of these rules
					 to perform such duties as may be required pursuant to
					 R.S.
					 37:1285.2 and other provisions of this
					 Part.
Jurisdictional
-a matter within the board's
					 authority under the law.
Law
(or
the Law
)-unless
					 the context clearly indicates otherwise, the Louisiana Medical Practice Act,
					 R.S. 37:1261-1292, the Practice Acts governing allied health care
					 practitioners, other applicable laws administered by the board and the boards
					 rules, LAC 46:XLV.101 et seq.
Licensee
-a physician or individual who
					 holds a current license, certificate, registration or permit to practice as an
					 allied health care practitioner as defined herein.
Physician-
an individual who holds a
					 current license or permit duly issued by the board to practice medicine in this
					 state pursuant to R.S. 37:1261-1292.
Records
or
Files of the
					 Case
-all relevant information, documents and records gathered in a
					 preliminary review or formal investigation, except board investigator work
					 product or notes, communications with board counsel and other records or files
					 in the boards possession that are required by law to remain confidential or are
					 otherwise privileged, as well as those that independent counsel has ruled need
					 not be included in the records or files of the case following review of the
					 grounds of an objection by the DOI.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1261-1292 and
					 37:1270(A)(5).