reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-921 - Disposition of Pre-Hearing Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any pre-hearing motion, other than an unopposed initial motion for continuance
				of hearing which may be granted by the administrator, shall be referred for
				decision to the presiding officer of the hearing panel designated for that
				proceeding. The presiding officer may make a ruling or, at his or her
				discretion, may refer any pre-hearing motion to the entire panel for
				disposition. Any party aggrieved by the decision of the presiding officer on a
				pre-hearing motion may request that the motion be reconsidered by the entire
				panel.
B. The presiding officer or
				the hearing panel shall ordinarily rule on pre-hearing motions on the papers
				filed, without a hearing. On written request by the respondent or the assistant
				attorney general, however, and on grounds satisfactory to the presiding officer
				of the hearing panel, the presiding officer may grant opportunity for hearing,
				by oral argument, on any pre-hearing motion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-923 - Rules of Evidence; Official Notice; Oaths and Affirmations; Subpoenas; Depositions and Discovery; Confidential Privileged Information, and Executive Session

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules
				relating to evidence, notice, authority to administer oaths, issue subpoenas,
				conduct depositions and discovery, and the control of confidential and
				privileged information will be applied in adjudication proceedings before the
				board as specified in
				R.S.
				49:956, or as may be modified by
				R.S.
				13:3715.1(J) and
				R.S.
				44:4(25).
B. To the extent applicable, the testimonial
				privileges set out in the Social Work Practice Act,
				R.S.
				37:2718 and the Louisiana Code of Evidence
				will apply to the hearings before the board. By bringing a complaint against
				his or her social worker, the client waives the privilege of confidentiality
				for the purposes of the hearing.
C.
				The hearing panel and its designated presiding officer shall take reasonable
				steps to protect patient/client identity on any medical/psychotherapy records
				or similar records as required by
				R.S.
				13:3715.1(J), and to the
				extent that any information presented at a hearing involves peer review
				material within the meaning of
				R.S.
				13:3715.3. If protection of peer review
				material is required, the board is authorized to conduct that portion of the
				hearing in executive session to preserve the confidentiality of peer review
				privilege materials, including information, data, reports, and records in
				compliance with
				R.S.
				13:3715.3(G). The board may
				also go into executive session for the limited purpose of discussing the
				character, professional competence, or physical or mental health of a license,
				pursuant to
				R.S.
				42:6 and 6.1 and Op. Atty. Gen. No. 94-561,
				Dec. 8, 1994.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-927 - Board's Independent Legal Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may designate its general
				counsel to serve as independent counsel relating to complaints and adjudication
				and compliance hearings.
B. The
				board's independent counsel may provide the board, any hearing panel member, or
				the board's administrator with advice on the issues of legal sufficiency,
				notice, procedural and substantive due process of law (constitutional,
				statutory and rules), interpretations relating to any complaint, or the
				investigation or adjudication thereof. Such independent counsel may not
				participate in the investigation or prosecution of any case pending before the
				board or board hearing panel.
C.
				The board's independent counsel may also provide other services relative to the
				complaint or adjudication which the board or the hearing panel deems necessary,
				except as may be expressly limited by these rules, standards, and
				procedures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-929 - Pre-Hearing Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any
				case of adjudication noticed and docketed for a hearing before the board, the
				respondent and/or respondent's legal counsel and the assistant attorney general
				may agree, or the board chairperson or the presiding officer of the hearing
				panel may require, that a pre-hearing conference be held among such counsel or
				together with the board's independent legal counsel. This conference will be
				held for the purpose of simplifying the issues for the hearing, and promoting
				stipulations as to facts and proposed evidentiary offerings which will not be
				disputed at the hearing.
B. If the
				parties and/or their legal counsel reside in different cities within the state,
				or if for other reasons it is inconvenient for parties to appear in person at a
				pre-hearing conference, the conference may be conducted by telephone.
C. Following the pre-hearing conference, the
				parties shall (and without such conference the parties may) agree in writing on
				a pre-hearing order which should include:
1. a
				brief statement by the assistant attorney general about what such counsel
				expects the evidence presented against the respondent to show;
2. a brief statement by respondent as to what
				the evidence and arguments in defense are expected to show;
3. a list of witnesses to be called by the
				assistant attorney general and/or respondent, together with a brief general
				statement of the nature of the testimony each witness is expected to
				give;
4. any stipulations which the
				parties may be able to agree upon concerning undisputed claims, facts,
				testimony, documents or issues; and
5. an estimate of the time required for the
				hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-931 - Consolidation of Cases

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall have the discretion to consolidate one or more cases for hearing when
				they involve the same or related parties, or substantially the same questions
				of law or of fact. The board may also grant separate hearings if a joint
				hearing would be prejudicial to one or more of the parties. If hearings are to
				be consolidated, notice must be given to all parties in advance of the
				hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-933 - Conduct of Hearing; Record

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Adjudication hearings are generally conducted in open session, except where
				closed or executive session is specifically authorized by law, as identified in
				these rules.
B. At the adjudication
				hearing, the assistant attorney general and the respondent and respondent's
				counsel shall be afforded the opportunity to present evidence on all issues of
				fact and argument on all issues of law and policy involved. They will also have
				opportunity to call, examine, and cross-examine witnesses, and to offer and
				introduce documentary evidence and exhibits as may be required for a full and
				true disclosure of the facts and disposition of the complaint.
C. The board through its administrator shall
				arrange for a certified court reporter/stenographer who shall be retained by
				the board to prepare a written transcript of the proceedings.
D. During the hearing, the presiding officer
				of the hearing panel shall rule upon all evidentiary objections and other
				procedural questions, but in his or her discretion may consult with the entire
				hearing panel in executive session. The independent counsel may assist the
				presiding officer and the hearing panel, either in open session or executive
				session, in ruling on evidentiary objections and other procedural issues raised
				during the hearing.
E. The record
				in an adjudication shall include the items specified in
				R.S.
				37:2717 and
				R.S.
				49:955. The record shall also contain the
				administrative complaint, the notice of hearing, the respondent's response to
				the complaint (if any), copies of subpoenas issued in connection with the case
				or the hearing of the adjudication, as well as all pleadings, motions and
				intermediate rulings.
F. The order
				of presentation in adjudication proceedings, unless the parties stipulate
				otherwise and the hearing panel approves, is first the presentation of evidence
				by the assistant attorney general, the presentation of evidence by the
				respondent, rebuttal by the assistant attorney general (if any). Rebuttal
				should be directed to issues raised by the evidence and defenses presented by
				respondent's case. Should the hearing panel determine, in the interest of
				fairness, that respondent be provided a limited opportunity to present
				additional evidence following rebuttal, the panel may so order.
G. Hearing panel members may direct questions
				to any witness at any time during the hearing process. Should questions posed
				by the hearing panel members suggest the need for additional direct
				examination, cross-examination or redirect examination by either party, the
				hearing panel will allow such additional examination as it deems
				appropriate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-937 - Decisions; Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following
				the presentation of evidence and any arguments, submission of briefs or written
				memorandum (if requested by the hearing panel), the hearing panel shall
				deliberate and reach its findings of fact and conclusions of law as soon as
				practicable after the hearing concludes. The hearing panel shall render its
				decision in writing within 60 days of the last hearing date, unless the hearing
				panel extends time for submission of any post-hearing briefs, memoranda or
				suggested findings of fact and conclusions of law.
B. The hearing panel's findings of fact and
				conclusions of law, including any sanction if applicable, shall be signed by
				the presiding officer of the hearing panel on behalf of and in the name of the
				board. In any decision in which the hearing panel's decision was not unanimous,
				those hearing panel members deciding with the majority shall also sign the
				decision. Any panel member disagreeing with the findings of fact and
				conclusions of law or sanction should note his/her dissent on the decision and
				may record thereon any reasons for his/her dissent.
C. A certified copy of the final decision
				shall be served promptly upon respondent's counsel of record, or on respondent
				personally in the absence of counsel, and on the assistant attorney general in
				the same manner of service prescribed for the service of complaints.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-939 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision by
				the board or a board hearing panel in the case of adjudication shall be subject
				to rehearing, reopening, or reconsideration by the board as provided for in
				R.S.
				49:959, provided the board receives such a
				request at its office within 10 days of the entry of the board's final
				decision. If the board receives such a written request by mail after 10 days of
				the entry of its final decision, the request will be considered timely if the
				request is post-marked within the 10-day period.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-945 - Declaratory Ruling

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				or entity deemed to be governed by or under the jurisdiction of
				R.S.
				37:2701-2724 may apply to the board for a
				declaratory order or ruling in order to determine the applicability of any of
				the above statutory provisions or any of the rules of this board. The board
				shall issue the declaratory order or ruling in connection with the request by
				majority vote of the board, signed and mailed to the requesting party within 30
				days of the request.
B. However,
				the board may seek legal counsel or an attorney general's opinion in connection
				with the request for such a declaratory ruling, in which case the board's
				decision on that ruling or order may be issued within 60 days of the request.
				Any judicial review of the validity or applicability of any of these rules
				shall be in conformity with
				R.S.
				49:963.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules of
				practice and procedure are promulgated by authority of
				R.S.
				49:951* et seq., as amended, being the
				Administrative Procedure Act. All rule-making and hearing procedures of this
				board are conducted according to the Administrative Procedure Act.
*As appeared in the published Rule.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-103 - Domicile of Board, Time of Meeting, Special Meetings, Election of Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				be domiciled in Baton Rouge, Louisiana. The regular meetings of the board shall
				be held at least twice in each year for the purpose of examining applicants and
				at any other time the board deems necessary, at a time and place designated by
				the president. Special meetings may be called by the president upon giving at
				least 72 hours notice, sent by registered or certified mail to the post office
				address of each member of the board and of persons who previously have
				indicated that they have business before the board.
B. The election of president, vice president
				and secretary treasurer of the board shall be held at the annual July meeting
				following the testing of licensed applicants.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2802, 37:2803 and
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-104 - Rules of Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. All meetings of
				the board shall be conducted in accordance with
Robert's Rules of
				Order
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2803.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-105 - Written Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				written examinations conducted by the board shall be administered to conceal
				the identity of licensure candidates.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.A, B and
				  R.S.
				  37:2805.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-106 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. By reference, all of the definitions set forth and
				  contained in
				  R.S.
				  49:951-966, inclusive, are incorporated herein,
				  and for the purpose of hearings to be held hereunder, the following definitions
				  shall prevail.
Appellant
-the persons submitting an appeal
				  to the Board of Chiropractic Examiners or the person notified of an opportunity
				  for a hearing for the purpose of either suspending or revoking a chiropractic
				  license.
Board
-the Board of Chiropractic
				  Examiners.
Hearing
-a hearing called by the board under
				  the authority of
				  R.S.
				  37:2816.A or
				  R.S.
				  37:2803.E.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2801.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-107 - Adopting, Amending, or Repealing Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall adopt, amend, or repeal
				any rule or regulation to govern its actions in strict accordance with
				R.S.
				49:953.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804 and
				  R.S.
				  37:2803.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-109 - Commencement of Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearings
				conducted by the board shall be instituted as authorized by
				R.S.
				37:2816 or
				R.S.
				37:2803.E.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-111 - Notice of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall notify the person against whom a complaint has been made when said
				complaint appears to be sufficient cause for either suspension or revocation of
				a chiropractic license. This notice shall notify the person against whom the
				complaint is made 30 days prior to the hearing, and such notice shall conform
				to the requirements of
				R.S.
				49:955.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-113 - Disposition of Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall conduct such investigations, order such hearings, and take such
				other actions as it finds necessary to make an intelligent decision on the
				complaint submitted for its review.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-115 - Appearance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The person
				against whom the complaint has been made and upon notice being served must
				appear at the date fixed for the hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-117 - Default in Appearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
				the person against whom the complaint has been made fails to appear at the
				hearing provided for and also provided that the referenced rules as to service
				have been complied with, the person so failing to appear or otherwise obtain
				approval of the board for his absence shall be deemed to be in default, and the
				evidence as received by the board at that time shall be entered into the record
				and may be taken as true and the order of the board entered
				accordingly.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-119 - Hearing Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The hearings
				called according to these rules and regulations shall be conducted by the board
				in accordance with the rules and procedures set forth in
				R.S.
				49:955 et seq.
1. The chairman of the board or the vice
				chairman in the absence of the chairman shall announce the title and docket
				number of the proceedings before the board and shall introduce into the record
				evidence of the notice of hearing. Attorneys and/or other representatives of
				the appellant shall be recognized along with the representatives of the board
				and other proper parties.
2. The
				appellant shall then present his evidence subject to cross-examination by the
				board and other proper parties in those cases where the applicant requested the
				hearing to be held.
3. The board
				shall then present its evidence subject to cross-examination by the applicant
				and other proper parties.
4. Where
				the board has called the hearing on its own motion, the order of presentation
				of evidence shall be reversed.
5.
				The board may make an informal disposition of the case by stipulation, agreed
				settlement, consent, order, or default.
6. The board shall render its final decision
				and order in accordance with
				§121 of these rules and
				regulations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-121 - Board's Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The decision
				of the board shall be rendered within 30 days after the matter is submitted,
				shall be in writing, and shall be dated and mailed to the appellant and his
				attorney of record by certified mail.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804,
				  R.S.
				  37:2803 and
				  R.S.
				  37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-123 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision or
				order of the board shall be subject to rehearing, reopening, or reconsideration
				by the board within 10 days from the date of its entry. Rehearings, reopenings,
				or reconsiderations shall be conducted in strict accordance with
				R.S.
				49:959.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804,
				  R.S.
				  37:2803 and
				  R.S.
				  37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-125 - Record of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall make a full recording of all proceedings before it and shall at the
				request of any party or person, have prepared and furnished him with a copy of
				the transcript or any part thereof upon payment of the costs thereof. If said
				record is transcribed, it shall be made a part of the record in subject
				hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804,
				  R.S.
				  37:2803 and
				  R.S.
				  37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 1 - Practice and Procedure › Section XXVII-127 - Judicial Review of Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				person who is aggrieved by a final decision or order of the board is entitled
				to judicial review in accordance with
				R.S.
				49:964 whether or not he has applied to the
				board for rehearing. Proceedings for judicial review may be instituted in the
				district court of the parish in which the board is located within 30 days after
				mailing of notice of the final decision by the agency, or if a rehearing is
				requested, within 30 days after the decision thereon.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804,
				  R.S.
				  37:2803 and
				  R.S.
				  37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-302 - Surrogate Muscle Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Surrogate muscle testing is not within the scope of chiropractic practice in
				the state of Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2801 and
				  37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-303 - Notification of Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				registered chiropractor, upon commencing to practice, shall forthwith notify
				the board of his office address or addresses,
				R.S.
				37:2804.A and
				R.S.
				37:2803.E.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.A and
				  R.S.
				  37:2803.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-304 - HIV/HBV Precautions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Concerning the prevention of transmission of Human Immunodeficiency (HIV) and
				Hepatitis B Virus (HBV), the doctor of chiropractic will comply with the
				recommendations of the Center for Disease Control (CDC).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1746 and
				  37:1747.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-305 - Change of Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				chiropractor must notify the secretary of the Board of Chiropractic Examiners
				whenever his office address changes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-307 - Advertising Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. False,
				deceptive or misleading advertising is prohibited.
B. Statements in advertising which claim that
				specific physical illnesses ailments or symptoms are alleviated by chiropractic
				care must be supported by clinical or scientific literature generally
				recognized by the chiropractic profession. The board may require the
				chiropractor making such assertions to provide the reference supporting the
				advertising claim.
C. Testimonials
				may be used if the word "ADVERTISEMENT" in capital letters of larger type size
				than the largest text of the testimonial appears directly above the
				testimonial. The doctor is responsible for any false, deceptive or misleading
				statements in the testimonial.
D.
				Advertisement may offer free goods or services or discounts in connection with
				chiropractic care only if the usual charge for those goods or services and the
				type of goods or services which are free or discounted are included in the
				advertising. In the case of print advertising the usual charges for the offered
				good or services must appear in bold print of the same or larger type size as
				the offer. In the case of television or radio advertising the ad must clearly
				state, verbally, the usual charges for the offered goods or services.
1. The doctor must also provide a disclosure
				statement to be signed by the patient which explains:
a. specifically what services or goods are
				free or discounted;
b. that
				additional services or goods which are subject to a charge shall not be
				rendered until such charges are disclosed in writing to the patient;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-308 - Disclosures in Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				chiropractor who engages in any of the practices specified in this Subsection
				shall include the disclosure statement in this Subsection in any advertising of
				such practice. The practices are as follows.
1. The practice of waiving all or part of a
				required deductible or co-payment amount under any policy of health insurance
				or other health benefit plan, to include the practice of offering any gift or
				gratuity, such as a health check which has the effect of reducing or
				eliminating a deductible and is so advertised.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-309 - Future Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be
				considered unprofessional conduct for any chiropractor to enter into a contract
				which would obligate a patient to pay for care to be rendered in the future
				unless the contract provides that the patient is entitled to a complete refund
				for any care not received.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2803.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-310 - Accident and Disaster Solicitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. On the outside of each solicitation letter
				in 10-point bold type at the bottom left hand corner of the envelope, there
				will be printed in red, capital letters, THIS IS AN ADVERTISEMENT.
B. On the body of each solicitation letter,
				in the same type size as the letter, shall be contained the following paragraph
				in red lettering.
NOTICE: THIS IS AN ADVERTISEMENT. Your name and address and
				  information relative to the accident in which you were involved were acquired
				  from police documents. You are under no obligation to respond to this letter.
				  Recipients of this advertisement should understand the importance of employing
				  a health care provider and inquiry into the doctor's qualifications and
				  experience is recommended.
C. No solicitation letters shall be sent to
				minors.
D. All solicitation letters
				shall be submitted to the board before publication to assure compliance with
				this rule and all other applicable board regulations. The board has six weeks
				to respond to this request.
E. A
				sample copy of each different solicitation letter shall be retained by the
				sender for a period of one year.
F.
				No solicitation letter to an accident victim should be sent before at least
				seven days have elapsed since the date of the accident.
G. Telemarketing, telephonic solicitation,
				digital communication by phone or communication by licensees and/or
				chiropractic facilities and their employees, or agents, by contract or
				otherwise, to victims of accidents or disaster shall be considered unethical if
				carried out within 30 days of the accident or disaster, and subject the
				licensee and/or chiropractic facility to action pursuant to
				R.S.
				37:2804.
H. Telemarketing, telephonic solicitation,
				digital communication by phone or communication transcripts shall be regulated
				by the board and such transcripts shall be submitted to the board 60 days prior
				to use. The board shall reject or accept the transcript within 60 days of
				receipt by the board office. If the transcript is rejected, the board shall
				give the reasons for its rejection. No solicitation under this section may be
				used until approved by the board.
I. The telemarketing, telephonic
				solicitation, digital communication by phone or communication transcripts,
				taped and/or digital recordings of the solicitation shall be maintained for a
				period of three years following their utilization. A log of the contact
				information and date of contact must be maintained for a period of three years,
				following the telemarketing encounter. Transcripts and logs shall be made
				available to the board upon request within 10 business days.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2816.F.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-311 - Overutilization of Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Overutilization of services is prohibited. Overutilization is the providing of
				treatment or diagnostic services, the need for which cannot be substantiated by
				the clinical record of the patient, or reports, or any other pertinent facts or
				evidence. Such practice shall constitute a form of misrepresentation, deceit,
				unprofessional conduct, or gross misconduct.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2816.A(5), (6) and
				  (7).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-313 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Chiropractic
				physicians shall comply with a patient's authorization to provide records, or
				copies of such records, including X-rays to those whom the patient designates
				as authorized to inspect or receive all or part of such records. A reasonable
				charge may be made for the cost of duplicating records.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2816.A(7).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-315 - Protection of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Chiropractic physicians shall preserve and protect the patient's confidences
				and records, except as the patient directs or consents or if the law requires
				otherwise.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2816.A(7).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-316 - Internships

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certificates of
				internship must be displayed in a conspicuous place in the office in which the
				intern practices.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2806.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-317 - X-Ray Proficiency Holders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The board shall issue a certificate of proficiency in X-ray function to any
				chiropractic assistant who successfully completes a program in education and
				training in X-ray function and safety that has been approved by the Board of
				Chiropractic Examiners.
B. Any
				holder of said proficiency certificate must register annually with the board on
				or before July 31, beginning in 1996. The board shall maintain a list of all
				X-ray proficiency certificate holders. Failure to register with the board on an
				annual basis shall result in removal of that person's name from the board's
				list of X-ray proficiency certificate holders.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-319 - Continuing Education-Risk Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. The phrase "risk management," as referred
				to in R.S. 37:2810(2),
				means the identification, investigation, analysis and evaluation of risks and
				the selection of the most advantageous method of correcting, reducing or
				eliminating identifiable risks.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2810(2).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-320 - Specialty Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use
				of the terms or form of these terms, "specialize in" or "specialist," or the
				use of the letters indicating a decree or specialization on stationary,
				letterhead, business cards or other such publication is considered advertising
				for the purposes of this Section. Generally recognized academic credentials
				such as B.A., B.S., M.S., J.D., M.D., Ph.D., etc., are exempted from this Rule
				when awarded by a college or university fully accredited by an association
				recognized by the Department of Health, Education and Welfare.
B. Only those licensees holding the final
				certification in postgraduate training and certification programs may hold
				themselves out to the public as possessing special knowledge skills or
				training. A licensee who utilizes any advertisement, which states that a
				licensee has special training or skills or is certified in a specialty that
				does not comply with Subparagraphs B.1.a-d, is engaged in deceptive and
				misleading advertising practices.
1. Specialty
				training must meet the following criteria. The course of study must:
a. be conducted under the auspices of and
				taught by the postgraduate faculty of the chiropractic college fully accredited
				by the Council on Chiropractic Education;
b. consist of a minimum of 300
				hours;
c. require completion of the
				certification examination given by a board independent of the entity which
				taught the course; and
d. meet such
				other criteria as the board deems appropriate.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-321 - Dry Needling

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose
				of this rule, as authorized by
				R.S.
				37:2803, is to provide for the interpretation
				of R.S.
				37:2801(3)(a) to include dry
				needling and to provide with respect to utilization of the techniques by
				chiropractic physicians. Dry needling is a physical rehabilitation measure
				which requires specialized education and training and which falls within the
				chiropractic scope of practice under the following terms. Prior to utilization
				of dry needling techniques chiropractic physicians shall successfully complete
				a board approved course of study consisting of no fewer than 50 hours of
				face-to-face instruction in intramuscular dry needling treatment and safety.
				The practice of dry needling techniques without compliance of this education
				requirement constitutes unprofessional conduct and subjects the licensee to
				appropriate discipline by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 3 - Professional Conduct › Section XXVII-322 - Supervision of Chiropractic Interns

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed chiropractor is not eligible to
				supervise a chiropractic intern if the licensee has been subject to
				disciplinary action by the board three or more times in the last 10
				years.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter A - Applicability › Section XXVII-501 - Unethical Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unethical
				  conduct shall be determined on the basis of the provisions of the rules and
				  regulations of the Board of Chiropractic Examiners, ethical standards of
				  chiropractors, and other provisions included in the Code of Ethics and
				  R.S.
				  37:2801-2807, specifically, if a chiropractor:
1. has been convicted of a felony or any
				  offense involving moral turpitude; or
2. is using a narcotic or any alcoholic
				  beverage to an extent or in a manner dangerous to himself, any other person or
				  to the public, or to an extent that such use impairs his ability to perform the
				  work of a professional chiropractor with safety to the public; or
3. has impersonated another person holding a
				  license as a chiropractor or allowed another person to use his/her license;
				  or
4. has used any fraud or
				  deception in applying for a license, in renewing a license, or in taking an
				  examination provided for in the act; or
5. has accepted commissions or rebates or
				  other forms of remuneration for referring clients to other persons;
				  or
6. has allowed his/her name or
				  license issued under the act to be used in connection with any person or
				  persons who perform chiropractic services outside of the area of their
				  training, experience or competence; or
7. has willfully or negligently violated the
				  ethical standards of chiropractors subscribed to by the Board of Chiropractic
				  Examiners; or
8. has willfully or
				  negligently violated any of the provisions of the Act.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter A - Applicability › Section XXVII-502 - Code of Ethics

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preamble.
				  This code of ethics sets forth principles for the ethical practice of
				  chiropractic. All chiropractic physicians are responsible for maintaining and
				  promoting an ethical practice and otherwise complying with the terms of this
				  code of ethics. To this end, the chiropractic physician shall act in the best
				  interest of the patient. This code of ethics shall be binding on all
				  chiropractic physicians.
B. Duty to
				  Report. It shall be the duty of every licensee to notify the board of any
				  violation of law or board rules.
1. Reporting
				  of certain judgments to the board.
a. The
				  following must be reported to the board within 30 days:
i. if a judgment is entered against a
				  licensee in any court;
ii. a
				  settlement is reached on a claim involving malpractice exceeding
				  $50,000;
iii. a licensee is
				  convicted of a felony or a crime involving dishonesty, theft, violence,
				  habitual use of drugs or alcohol, or sexual misconduct;
iv. the licensee may satisfy the provision of
				  this subsection if he/she provides the board with a copy of the judgment or
				  settlement.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter A - Applicability › Section XXVII-503 - Application of Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  procedures shall apply only in the consideration of alleged violations by
				  licensed chiropractors.
NOTE: The board will answer complaints regarding the
					 ethical practices of non-licensed persons by making referrals elsewhere when
					 appropriate; for example, to better business bureaus, professional
					 associations, agencies, private legal counsel, or the district attorney of the
					 appropriate judicial district.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter A - Applicability › Section XXVII-505 - Initiation of Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Complaints may be initiated by any citizen of the state, another licensed
				  chiropractor, or by the board on its own initiative.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter A - Applicability › Section XXVII-507 - Declaratory Statements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board may issue a declaratory statement in response to a request for
				  clarification of the effect of rules and regulations of
				  R.S.
				  37:2801 et seq.
1. A request for a declaratory statement is
				  made in the form of a petition to the board. The petition should include at
				  least:
a. the name and address of the
				  petitioner;
b. specific reference
				  to the statute or rules and regulations to which the petitioner relates;
				  and
c. a concise statement of the
				  manner in which the petitioner is aggrieved by the rule or statute or by its
				  potential application to her/him, or in which (s)he is uncertain of its
				  effect.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter B - Procedures for Processing Complaints and Inquiries › Section XXVII-511 - Processing Complaints and Inquiries

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of complaints or inquiries,
				  the board will take immediate action.
1.
				  Anonymous letters of complaint against individuals shall not be recognized as a
				  basis for formal action.
2. If the
				  information in the complaint is insufficient, the board may request further
				  information by either written correspondence or an informal inquiry.