§1285. Causes for nonissuance; suspension; revocation; imposition of restrictions; fines;
reinstatement; publication of action; stays
A. The board may refuse to issue, or may suspend or revoke any license or permit,
or impose probationary or other restrictions on any license, permit, or certificate issued
pursuant to this Part or Part I-D of this Chapter for the following causes:
(1) Conviction of a crime or entry of a plea of guilty or nolo contendere to a criminal
charge constituting a felony under the laws of Louisiana or of the United States.
(2) Conviction of a crime or entry of a plea of guilty or nolo contendere to any
criminal charge arising out of or in connection with the practice of medicine.
(3) Fraud, deceit, or perjury in obtaining any diploma, license, or permit pertaining
to this Part.
(4) Providing false testimony before the board or providing false sworn information
to the board.
(5) Habitual or recurring abuse of drugs, including alcohol, which affect the central
nervous system and which are capable of inducing physiological or psychological
dependence.
(6) Prescribing, dispensing, or administering legally controlled substances or any
dependency-inducing medication without legitimate medical justification therefor or in other
than a legal or legitimate manner.
(7) Solicitation of patients or self-promotion through advertising or communication,
public or private, which is fraudulent, false, deceptive, or misleading.
(8)(a) Performing, or assisting in the performance of, or procuring or abetting in
procuring an abortion or termination of pregnancy during the third trimester of pregnancy or
after viability of the fetus, unless the physician determines that such abortion or termination
of pregnancy is necessary, in his best medical judgment, in order to save the life or health of
the pregnant woman and/or of the fetus (unborn child):
(b) Performing or assisting in the performance of, or procuring, or abetting in the
procuring of an abortion or termination of pregnancy after the first trimester:
(i) When the abortion or termination of pregnancy is contrary to or unnecessary in
the best medical judgment of that physician; or,
(ii) When the operating physician lacks the training and experience to perform the
procedure; or,
(iii) When the procedure is performed outside of a hospital licensed by the Louisiana
Department of Health, or its successor.
(9) Performing, or assisting in the performance of, or procuring, or abetting in the
procuring of an abortion or termination of pregnancy:
(a) When the abortion or termination of pregnancy is contrary to or unnecessary in
the best medical judgment of that physician; or,
(b) When the operating physician lacks the training and experience to perform the
procedure; or,
(c) When the procedure is performed outside of a hospital licensed by the Louisiana
Department of Health, or its successor.
(10) Efforts to deceive or defraud the public.
(11) Making or submitting false, deceptive, or unfounded claims, reports, or opinions
to any patient, insurance company or indemnity association, company, individual, or
governmental authority for the purpose of obtaining anything of economic value.
(12) An inability to practice medicine with reasonable skill or safety due to mental
illness or deficiency, including but not limited to deterioration through the aging process or
the loss of motor skills or excessive use or abuse of drugs, including alcohol.
(13) Unprofessional conduct, including but not limited to, conduct manifested as
sexual misconduct, disruptive behavior, failing to cooperate with the board, failing to
maintain independent medical judgment, improperly delegating or supervising, exercising
undue influence, enabling the unauthorized practice of medicine, practicing or enabling
practice by an impaired provider, failing to practice within the scope of education, training,
and experience, intentionally falsifying or fraudulently altering records, or failing to create
or maintain medical records.
(14) Medical incompetency, including but not limited to, incompetency manifested
by continuing or recurring medical practice which fails to satisfy the prevailing and usually
accepted standards of medical practice in this state.
(15) Immoral conduct in exercising the privileges provided for by license or permit
issued under this Part.
(16) Gross, willful, and continued overcharging for professional services.
(17) Abandonment of a patient.
(18) Knowingly performing any act which, in any way, assists an unlicensed person
to practice medicine, or having professional connection with or lending one's name to an
illegal practitioner.
(19) Soliciting, accepting, or receiving anything of economic value in return for and
based on the referral of patients to another person, firm, or corporation or in return for the
prescription of medications or medical devices.
(20) Persistent violation of federal or state laws relative to control of social diseases.
(21) Interdiction or commitment by due process of law.
(22) Utilizing a physician's assistant without approval and recordation as required
by law or permitting a physician's assistant, within his employment, to conduct activities
outside of the designated scope of the assistant's approval and registration.
(23) Knowingly employing a physician's assistant whose conduct includes any of the
causes enumerated in this Section.
(24) Knowingly misstating or misrepresenting the qualifications and certification of
competency of any physician's assistant in order to obtain approval and registration of such
person.
(25) Inability to practice medicine with reasonable skill or safety to patients because
of mental illness or deficiency; physical illness, including but not limited to deterioration
through the aging process or loss of motor skills; or excessive use or abuse of drugs,
including alcohol.
(26) Refusing to submit to the examinations and inquiry of an examining committee
of physicians appointed or designated by the board to inquire into the physician's physical
and mental fitness and ability to practice medicine with reasonable skill and safety to
patients.
(27) Failure, by any physician or person performing, inducing or assisting an
abortion, to exercise that degree of professional care and diligence and failure to take such
measures as may constitute good medical practice, necessary to encourage or sustain the life
and health of an aborted viable infant, when the death of the infant results. "Viable" means
that stage of fetal development when the life of the unborn child may be continued
indefinitely outside the womb by natural or artificial life-supporting systems.
(28) Taking the life of a viable infant aborted alive.
(29) The refusal of a licensing authority of another state to issue or renew a license,
permit, or certificate to practice medicine in that state or the revocation, suspension, or other
restriction imposed on a license, permit, or certificate issued by such licensing authority
which prevents or restricts practice in that state, or the surrender of a license, permit, or
certificate issued by another state when criminal or administrative charges are pending or
threatened against the holder of such license, permit, or certificate.
(30) Violation of any rules and regulations of the board, or any provisions of this
Part.
(31) Failure by a physician to self-report in writing to the board any personal action
which constitutes a violation of this Part within thirty days of the occurrence. A report shall
not be required if the violation relates to a physician's ability to practice medicine with
reasonable skill and safety by reason of substance abuse or psychiatric condition, provided
such physician has, since the occurrence, executed a treatment contract with the Louisiana
State Medical Society's Physicians Health Program, its successor program, or such other
program as may be designated by the board, and is in full compliance with the terms and
conditions of such contract.
(32) Holding oneself out to the public in any manner as being certified by a public
or private board including but not limited to a multidisciplinary board or "board certified",
unless all of the following criteria are satisfied:
(a) The full name of the board from which the physician is certified and the name of
the specialty or subspecialty is included in the advertisement.
(b) The board meets any of the following qualifications:
(i) The board is an American Board of Medical Specialties member board or an
American Osteopathic Association certifying board.
(ii) The board has been approved by the Louisiana State Board of Medical
Examiners.
(iii) The board requires an Accreditation Council for Graduate Medical Education
or American Osteopathic Association approved postgraduate training program that provides
complete training in that specialty or subspecialty.
(c) If the physician advertises and does not meet any of the criteria articulated in this
Paragraph, the physician shall list his qualifications for performing the advertised medical
procedures in the advertisement.
B. The board may, in instances it deems proper, implement the above recited causes,
by establishing appropriate regulations and standards pertaining thereto.
C.(1) The board may, as part of a decision, consent order, or other agreed order,
require a license or permit holder or an applicant to pay all costs of the board proceedings,
including but not limited to investigators', stenographers', and attorney fees, witness fees and
expenses, and the per diem and expenses of the members of the board's hearing panel, and
to pay a fine not to exceed the sum of five thousand dollars.
(2) If for any reason the costs or fines imposed by the board under this Section are
not paid within the time specified by the board, the board may recover costs and attorney fees
associated with their collection.
(3) The board may authorize any member of the board to sign an affidavit, petition,
or other legal process authorized by this Part, including but not limited to a petition in any
court of competent jurisdiction, for a money judgment for any and all costs and fines payable
pursuant to a final decision, consent order, or other agreed order.
D. Any license or permit suspended, revoked, or otherwise restricted by the board
may be reinstated by the board.
E. The board's final decision in an adjudication proceeding under this Section, other
than by consent order, agreement, or other informal disposition, shall constitute a public
record, and the board may disclose and provide such final decision to any person, firm, or
corporation, or to the public generally. The board's disposition of an adjudication proceeding
by consent order shall not constitute a public record, but the board shall have authority and
discretion to disclose such disposition.
F. No judicial order staying or enjoining the effectiveness or enforcement of a final
decision or order of the board in an adjudication proceeding, whether issued pursuant to R.S.
49:978.1(C) or otherwise, shall be effective, or be issued to be effective beyond the earlier
of:
(1) One hundred twenty days from the date on which the board's decision or order
was rendered.
(2) The date on which the court enters judgment in a proceeding for judicial review
of the board's decision or order pursuant to R.S. 49:978.1.
G. Notwithstanding any other law to the contrary, no judicial order staying,
enjoining, or continuing an adjudication proceeding before, or a preliminary, procedural, or
intermediate decision, ruling, order, or action of, the board shall be effective or issued to be
effective, whether pursuant to R.S. 49:978.1 or otherwise, prior to the exhaustion of all
administrative remedies and issuance of a final decision or order by the board.
H. No order staying or enjoining a final decision or order of the board shall be issued
unless the district court finds that the applicant or petitioner has established that the issuance
of the stay does not:
(1) Threaten harm to other interested parties, including individuals for whom the
applicant or petitioner may render medical services; or
(2) Constitute a threat to the health, safety, and welfare of the citizens of this state.
I. No stay of a final decision or order of the board shall be granted ex parte. The
court shall schedule a hearing on a request for a stay order within ten days from filing of the
request. The court's decision to either grant or deny the stay order shall be rendered within
five days after the conclusion of the hearing.