Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 3 - Laboratory Accreditation › Chapter 57 - Maintenance of Accreditation › Section I-5705 - Discreditation and Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The department may suspend or discredit a laboratory in any or all test
				  categories when the laboratory fails to fully meet all requirements of these
				  regulations. Factors such as the gravity of the offense, the danger to the
				  public of the offense, the intent of the violation, the extent of the
				  violation, and the proposed correction of the problem will be considered to
				  determine if suspension or discreditation is to be imposed. An emergency order
				  immediately discrediting the laboratory may be issued if any conditions exist
				  that present an eminent danger to public health and safety.
B. The department shall notify the laboratory
				  by registered or certified letter of the suspension or discreditation and the
				  reasons for the action.
C.
				  Suspensions shall not be withdrawn until the basis for the suspension has been
				  eliminated or rectified.
D. Appeals
				  for laboratories that have received discreditation notices are governed by
				  applicable statutes.
E. If the
				  testing laboratory's accreditation is revoked by the department or another
				  agency having primary enforcement responsibility or delegated administrative
				  responsibility (e.g., out-of-state laboratories), the laboratory management
				  shall notify, in writing, all clients that utilize the laboratory for analysis
				  of samples and reporting of data to the department that the laboratory's
				  accreditation has been revoked. Clients must be advised of the change in
				  accreditation status within 10 calendar days from the official notice of the
				  action.
F. The following shall be
				  considered grounds for discreditation/suspension:
1. violation of a condition of the
				  accreditation;
2. violation of a
				  statute, regulation, or order of the department;
3. misrepresentations or falsifications made
				  to the department, including any documents associated with accreditation
				  applications;
4. demonstrable
				  nonconformance with the requirements of these regulations, including failure to
				  correct deficiencies;
5. nonpayment
				  of applicable fees;
6.
				  demonstrating incompetence or making consistent errors in analyses or erroneous
				  reporting;
7. failure to report, in
				  writing within 30 days, any changes in location, ownership, management and
				  supervisory staff, authorized representative, major facilities of the
				  laboratory, modification of technique, or any revisions to the accreditation
				  application or required support documentation;
8. failure to employ approved testing methods
				  in the performance of analyses;
9.
				  failure to maintain facilities or equipment properly;
10. failure to report analytical test results
				  as required or to maintain required records of test results;
11. failure to participate successfully in a
				  required performance evaluation program;
12. violation or aiding and abetting in the
				  violation of any provision of these regulations or the rules promulgated
				  hereunder;
13. advertising false
				  credentials;
14. failure to
				  indicate clearly in the records when analyses were subcontracted to another
				  laboratory;
15. performing and
				  charging for additional tests or analyses that have not been requested by the
				  customer, falsifying analyses, or engaging in other unethical or fraudulent
				  practices; and
16. subcontracting
				  performance evaluation samples to another laboratory and using the results to
				  satisfy requirements for accreditation.