§ 37:1270 — Duties and powers of the board

Louisiana § 37:1270

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§1270. Duties and powers of the board
A. The board shall:
(1) Examine all applicants for the practice of medicine; issue licenses or permits to
those possessing the necessary qualifications therefor; and take appropriate administrative
actions to regulate the practice of medicine in the state of Louisiana;
(2) Have its seal; and
(3) Report to the prosecuting officer of the state all persons violating the provisions
of this Part.
(4)(a) Examine all persons who perform diagnostic or therapeutic radiological
examination or treatment or both in a private office of a physician;
(b) Issue certification to those possessing the necessary qualifications therefor; and
(c) Take appropriate administrative actions to regulate the administering of
radiological examination or treatment or both in the private offices of physicians or in clinics
in which physicians practice in the state;
(d) However, the Louisiana State Board of Dentistry shall regulate those personnel
who perform such procedures under the direct on premises supervision of a licensed dentist.
(5)(a) Examine individuals who engage in the practice of clinical laboratory science
in conjunction with the Clinical Laboratory Personnel Committee to the Louisiana State
Board of Medical Examiners established by R.S. 37:1314.
(b) Issue licenses or certificates to those possessing the necessary qualifications
therefor upon the recommendation of the Clinical Laboratory Personnel Committee.
(c) Take appropriate administrative actions to regulate the practice of clinical
laboratory science in conjunction with the Clinical Laboratory Personnel Committee.
(d) Undertake all administrative actions, regulatory activities, and rules and
regulations relative to the qualifications of individuals engaged in the practice of clinical
laboratory science consistent with and not exceeding the scope and standards contained in
the Clinical Laboratory Improvement Amendments of 1988 and the rules and regulations
promulgated pursuant thereto.
(6)(a) Examine individuals who engage in the practice of clinical exercise
physiology.
(b) Issue licenses to those possessing the necessary qualifications therefor.
(c) Take appropriate administrative actions to regulate the practice of clinical
exercise physiology.
(7) Have the authority to:
(a) Request and obtain state and national criminal history record information on any
person applying for any license, permit, certification, or registration which the board is
authorized by law to issue.
(b) Require any applicant for any license, permit, certification, or registration issued
by the board to submit a full set of fingerprints, in a form and manner prescribed by the
board, as a condition to the board's consideration of his or her application.
(c) Charge and collect from an applicant for any license, permit, certification, or
registration issued by the board, in addition to all other applicable fees and costs, such
amount as may be incurred by the board in requesting and obtaining criminal history record
information on the applicant.
(8)(a) Have the authority to establish and determine by rule minimum requirements
relative to continuing education for the renewal or reinstatement of any license or permit
issued by the board.
(b) The board shall require physicians and physician assistants practicing emergency
medicine to complete an initial one-hour continuing education course on the treatment of
sickle cell disease. Thereafter, a physician and physician assistant practicing emergency
medicine shall complete a one-hour refresher course at regular intervals no less frequently
than every three years. The course shall be approved by the board and made available on the
board's website.
(c) The board shall require physicians and physician assistants practicing family
medicine, internal medicine, pediatrics, psychiatry, endocrinology, gastroenterology,
cardiology, oncology, rheumatology, neurology, nephrology, dermatology, pulmonology,
surgery, immunology, hematology, obstetrics, and gynecology to complete a minimum of one
hour of continuing education on nutrition and metabolic health every four years. The board
shall adopt rules to determine the content of the continuing education provided for in this
Subparagraph.
(9) Appoint a director of investigations to act as the lead investigator for any
complaint regarding a physician received by the board or any investigation regarding a
physician initiated by the board upon its own motion in accordance with R.S. 37:1285.2(A).
The director of investigations shall serve at the pleasure of the board and be answerable
directly to the board. The director of investigations shall be prohibited from concurrently
serving as the executive director of the board. Any person appointed by the board to serve
as director of investigations shall be a Louisiana-licensed physician who maintains board
certification and has engaged in the active practice of medicine for at least five years.
B. The board may:
(1) Select officers and adopt rules and bylaws necessary for the efficient operation
of the board;
(2) Authorize any member of the board to make any affidavit necessary to the
issuance of any injunction or other legal process authorized under this Part;
(3) Employ counsel to carry out the provisions of this Part, if the fees of the counsel
and the costs of all proceedings except criminal prosecutions, are paid by the board out of
its own funds;
(4) Employ inspectors, special agents, and investigators; issue subpoenas to require
attendance and testimony and the production of documents and things for the purpose of
enforcing the laws relative to the practice of medicine and securing evidence of violations
thereof; employ necessary clerical assistance to carry out the administrative work of the
board, fix the compensation thereof; incur other necessary expenses; and acquire, develop,
maintain, expand, sell, lease, mortgage, borrow funds or otherwise contract with respect to
immovable property and improvements thereon as it may deem necessary or appropriate to
accomplish the provisions of this Part. All revenue derived from the sale or lease of the land
and improvements thereon shall be retained by the board and shall not be subject to reversion
to the state general fund. Prior to a sale authorized by this Paragraph, the commissioner of
administration shall review the terms of the sale to ascertain that the sale amount constitutes
fair market value or greater for the property.
(5) Appoint or designate an examining committee of physicians, possessing
appropriate qualifications, to conduct physical and mental examinations on a physician, to
otherwise inquire into the physician's fitness and ability to practice medicine with reasonable
skill and safety to patients, and to submit advisory reports and recommendations to the board,
when the board has reasonable cause to believe that such physician's fitness and ability is
affected by mental illness or deficiency, or physical illness, including but not limited to
deterioration through the aging process or the loss of motor skills, and/or excessive use or
abuse of drugs, including alcohol; and
(6) Adopt rules, regulations, and standards necessary to carry out the board's duties,
powers, and functions provided for in this Part.
C. The president and secretary of the board or any other member of the board so
authorized by the board, may administer oaths in the taking of testimony upon any matters
appertaining to the duties of the board.
D. Any statewide advisory committee established by the board in carrying out its
duties pursuant to this Chapter or any other provision of law may conduct and its members
may attend and participate in a meeting via electronic means in accordance with R.S.
42:17.3.

Legislative History

Acts 1975, No. 350, §1; Acts 1984, No. 533, §1, eff. Jan. 1, 1985; Acts 1985, No. 302, §2; Acts 1987, No. 884, §1; Acts 1993, No. 396, §2, eff. Aug. 1, 1993; Acts 1995, No. 630, §1; Acts 1997, No. 295, §1; Acts 1999, No. 661, §1; Acts 2001, No. 17, §1, eff. May 17, 2001; Acts 2007, No. 218, §1, eff. July 2, 2007; Acts 2018, No. 599, §1; Acts 2022, No. 408, §1; Acts 2024, No. 744, §1; Acts 2025, No. 463, §2, eff. Jan. 1, 2026.