§ 37:1110 — Denial, revocation, or suspension of licenses

§1110. Denial, revocation, or suspension of licenses
A. The board shall withhold, deny, revoke, or suspend any license issued or applied
for in accordance with the provisions of this Chapter or otherwise discipline a licensee upon
proof that the applicant or licensee:
(1) Has been convicted in a court of competent jurisdiction of a felony, the
conviction being final, or upon a plea of guilty or nolo contendere to a felony, the record of
conviction or plea being conclusive evidence thereof.
(2) Has been convicted in a court of competent jurisdiction of any crime or offense
which reflects the inability of the practitioner to practice with due regard for the health and
safety of clients or patients.
(3) Has violated the code of ethics adopted by the board.
(4) Is abusing drugs or alcohol to an extent or in a manner dangerous to any other
person or the public, or to an extent that the use impairs his ability to perform the work of
a licensee.
(5) Has impersonated another person holding a professional license issued pursuant
to this Chapter or allowed another person to use his license.
(6) Has used fraud or deception in applying for a license or in taking an examination
provided for in this Chapter.
(7) Has allowed his name or license issued under this Chapter to be used in
connection with any person or persons who practice outside of the area of their training,
experience, or competence.
(8) Is legally adjudicated mentally incompetent, the record of such adjudication being
conclusive evidence thereof.
(9) Has willfully or negligently violated any of the provisions of this Chapter.
B. Notice of denial, revocation, suspension, or disciplinary action shall be sent to the
applicant or licensee by registered mail or personal service setting forth the particular reasons
for the proposed action and fixing a date at which time the applicant or licensee shall be
given an opportunity for a prompt and fair hearing. The written notice shall be sent to the
person's last known address, but the nonappearance of the person shall not prevent such a
hearing. For the purpose of such hearing, the board may subpoena persons, books, and
papers, on its own behalf or on behalf of the applicant or licensee who may appear by
counsel or personally in his own behalf.
C. On the basis of any hearing or upon default of the applicant or licensee, the board
shall make a determination specifying its findings of fact and conclusions of law. A copy of
such determination shall be sent by registered mail or served personally upon the applicant
or licensee. The decision of the board denying, revoking, or suspending the license, shall
become final thirty days after receipt of the copy of the determination unless within the
period the applicant or licensee appeals the decision as provided by the Louisiana
Administrative Procedure Act, R.S. 49:950 et seq. No such appeal while pending appropriate
court action shall supersede such denial, revocation, or suspension. All proceedings and
evidence presented at hearings before the board may be admissible during appellate
proceedings.
D. Every order and judgment of the board shall take effect immediately on its
promulgation unless the board in such order or judgment fixes a probationary period for the
applicant or licensee. Such order and judgment shall continue in effect until expiration of any
specified time period or termination by a court of competent jurisdiction. The board shall
notify all applicants or licensees of any action taken against a licensee and may make public
its orders and judgments in such manner and form as it deems proper if such orders and
judgments are not consent orders or compromise judgments.
E. The board is authorized to suspend the license of a licensee for a period not
exceeding two years. At the end of this period, the board shall re-evaluate the suspension and
may recommend to the chairman the reinstatement or revocation of the license. A person
whose license has been revoked under the provisions of this Section may apply for
reinstatement after a period of not less than two years from the date such denial, or
revocation is legally effective. The board may, upon favorable action by a majority of the
board members present and voting, recommend such reinstatement.

Legislative History

Acts 1987, No. 892, §1, eff. July 20, 1987; Acts 1995, No. 1301, §1; Acts 1999, No. 1159, §1; Acts 2010, No. 613, §1; Acts 2013, No. 173, §1, eff. Jan. 1, 2014; Acts 2014, No. 484, §1, eff. May 1, 2015.