§ 37:1326 — Causes for denial, suspension, probation, restriction, or revocation of a license or

§1326. Causes for denial, suspension, probation, restriction, or revocation of a license or
certificate or license or certificate renewal
A. The board, upon the recommendation of the committee, may deny, suspend,
probate, restrict, or revoke the issuance or renewal of a license or certificate, after notice and
an opportunity for a hearing pursuant to the Administrative Procedure Act, upon a
preponderance of evidence showing any of the following when such activity is not authorized
by the provisions of this Part:
(1) Performing, attempting to perform, or permitting anyone to perform any clinical
laboratory procedure or category of procedures not authorized by license or certificate.
(2) Demonstrating incompetence in the performance of the practice of clinical
laboratory science.
(3) Dishonest or false reporting of laboratory test results.
(4) Conviction of any crime arising out of or connected to the practice of clinical
laboratory science after all suspensive appeals have been exhausted.
(5) Having been adjudged incompetent.
(6) Fraud or deceit in procuring or attempting to procure a license or certificate to
engage in the practice of clinical laboratory science.
(7) Violating or helping someone else violate any provision of this Part or any rule
or regulation promulgated hereunder.
(8) Failing to successfully complete the licensing or certifying examination or
continuing education requirements in the category for which applicant sought licensure or
certification.
(9) Intentional violation of any federal or state law, parish or municipal ordinance,
the state sanitary code, or rule or regulation relative to any contagious or infectious disease,
or any other public health matter.
(10) Unprofessional conduct, which may be further defined and promulgated by the
board in accordance with the Administrative Procedure Act, includes but is not limited to the
following:
(a) Sexual or disruptive misconduct which manifests as aberrant behavior,
harassment, or both, through personal interaction with physicians, employees, coworkers,
hospital personnel, healthcare professionals, patients, family members, or others, or which
interferes with or could reasonably be expected to interfere with the work of clinical
laboratory personnel.
(b) Failing to abide by any ethics code provisions established by the board for
clinical laboratory personnel in accordance with the committee's recommendation and
promulgated in accordance with the Administrative Procedure Act.
(c) Conviction of a crime, entry of a guilty plea, or entry of a plea of nolo contendere
to a state or federal criminal charge constituting either a felony or a crime of sexual violence
in accordance with any state or federal law.
(d) Failing to cooperate with the board, the committee, or both, providing false
testimony before the board or the committee, or providing false sworn information to the
board or the committee.
(e) Habitual or recurring abuse of drugs, alcohol, or mood-altering substances or
those which affect the central nervous system or which are capable of inducing physiological
or psychological dependence.
(f) An inability to practice within the licensee's respective scope of practice in
accordance with this Part with reasonable skill or safety due to mental illness or deficiency,
including but not limited to deterioration through the aging process, the loss of motor skills,
or excessive use or abuse of drugs, alcohol, or mood-altering substances or those which
affect the central nervous system or which are capable of inducing physiological or
psychological dependence.
B. The board, upon the recommendation of the committee, may reinstate any license
or certificate suspended, probated, restricted, or revoked.
C. The board, upon the recommendation of the committee, or as a condition of the
reinstatement of any license or certificate suspended, probated, restricted, or revoked, may
require any licensee or certificate holder to pay all costs of the committee or board
proceedings, including any investigator, clerical, or attorney's fees.
D. 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.

Legislative History

Acts 1993, No. 396, §2, eff. Aug. 1, 1993; Acts 2022, No. 653, §1.