§ 37:2405 — Powers and duties of the board; limitation

Louisiana § 37:2405

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§2405. Powers and duties of the board; limitation
A. The responsibility for enforcement of the provisions of this Chapter is hereby
vested in the board, which shall have all the powers, duties, and authority specifically granted
by or necessary for the enforcement of this Chapter, including:
(1) Establishing rules and procedures for granting licenses, and the requirements
therefor, to persons governed by this Chapter, including imposing limitations as to the
number of times an examination may be taken and the conditions upon which reexamination
may be had, which conditions shall be determined by the board.
(2) Issuing licenses to those possessing the necessary qualifications therefor, and
taking appropriate administrative action to regulate the practice of physical therapy in the
state.
(3) Adopting a seal which shall be affixed to all licenses.
(4) Adopting rules necessary for the efficient operation of the board in accordance
with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.
(5) Keeping a record of all meetings of the board.
(6) Publishing and making available a register of all persons licensed under this
Chapter, including the name and current address of each licensee.
(7) Updating its records annually.
(8) Establishing by rule the standards of practice.
(9)(a) Reporting annually to the governor and to the presiding officer of each house
of the legislature on the condition of the practice of physical therapy in the state, making
recommendations for improvement of the practice of physical therapy or the operation of the
board, and submitting a record of the proceedings of the board during the year, together with
the names of all physical therapists and physical therapist assistants to whom the board
issued licenses during the year.
(b) The report shall also include the number of complaints received by the Physical
Therapy Board regarding allegations of professional sexual misconduct and the status of each
complaint.
B. The board may:
(1) Authorize any member of the board to make any affidavit necessary for the
issuance of any injunction or other legal process authorized under this Chapter.
(2) Employ counsel to carry out the provisions of this Chapter, 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.
(3) Employ inspectors, special agents, and investigators.
(4) Issue subpoenas to require attendance, testimony, and the production of
documents to enforce the laws and rules relative to the practice of physical therapy and to
secure evidence of violations thereof.
(5) Employ an executive director and necessary clerical assistance to carry out the
administrative work of the board, fix the compensation thereof, and incur other necessary
expenses.
(6) Administer oaths in the taking of testimony upon any matters appertaining to the
duties of the board.
(7) Establish requirements for continuing education by licensees and continuing
education course review and approval as the board deems appropriate.
(8) Seek injunctive relief to prohibit any person from practicing physical therapy as
defined in this Chapter without being licensed as provided herein.
(9) Issue cease and desist orders to licensees and other persons or entities who are
engaged in any activity, conduct, or practice constituting a violation of any provision of this
Chapter or board rule. As to licensees, in addition to the injunctive relief provided for in this
Chapter, the failure to comply with a cease and desist order may also be made the basis of
disciplinary action.
(10) Conduct disciplinary proceedings pursuant to the provisions of the
Administrative Procedure Act and impose sanctions on the practice of licensees who have
violated this Chapter, the rules of the board, or standards of practice. Sanctions may be
imposed by means of voluntary consent orders or by decisions of the board.
(11) Require that all costs of board proceedings relating to a specific disciplinary
case, including the members' per diem and expenses, the cost of investigators, stenographers,
attorney fees, and other reasonably associated costs be reimbursed to the board as a part of
a consent order or board decision in that proceeding.
(12) Adopt by rule a Patients' Bill of Rights.
(13) Appoint licensees or members of the public as Advisory Committee members
or to other committees which may be deemed useful in meeting the responsibilities of the
board.
(14) Adopt by reference all or part of the following codes, guides, and standards of
the American Physical Therapy Association: Code of Ethics, Guide for Professional
Conduct, Standards of Ethical Conduct for the Physical Therapist Assistant, and Guide for
Conduct of the Physical Therapist Assistant, except when such are in conflict with this
Chapter or the rules of the board.
(15) Determine and collect, at the time of new licensure and licensure renewal, a core
set of data elements deemed necessary for the purpose of workforce planning. The data
elements shall be used to create and maintain a healthcare workforce database. The board
may enter into agreements with a private or public entity to establish and maintain the
database, perform data analysis, and prepare reports concerning the physical therapy
workforce. The board shall promulgate rules to perform duties pursuant to this Paragraph.
C. The board shall not have authority to expand the practice of physical therapy.
D. The board shall:
(1) Submit to a review of its disciplinary process and procedures by the state
inspector general or by an independent qualified external auditor recommended by the state
inspector general at least every five years.
(2) Require training of all board members and staff members in effective
communication with complainants, particularly members of vulnerable populations who
allege mistreatment by licensees.

Legislative History

Added by Acts 1966, No. 68, §1. Acts 1983, No. 555, §1; Acts 1992, No. 731, §1; Acts 2009, No. 535, §4, eff. Jan. 1, 2010; Acts 2019, No. 313, §1.