§ 37:3390.3 — Disciplinary action; administrative fee; causes; hearing; appeal

Louisiana § 37:3390.3

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§3390.3. Disciplinary action; administrative fee; causes; hearing; appeal
A. The board shall have the power to deny, revoke, or suspend any credential,
specialty certification, status, or other recognition authorized by this Chapter. In addition,
the board is authorized to impose and collect an administrative fee not to exceed five
hundred dollars per violation or otherwise discipline any person holding a credential,
specialty certification, status, or recognition authorized by this Chapter who:
(1) Has been convicted of any offense which constitutes a felony under the laws of
this state, whether or not the conviction was in a court in this state. "Conviction", as used
herein, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo
contendere.
(2) Has been declared insane or incompetent by a court of law.
(3) Violates any provision of the ethical standards to which the board subscribes.
(4) Attempts to practice medicine, psychology, or social work without being licensed
in such professions.
(5) Is impaired in delivery of professional services because of substance use disorder,
compulsive gambling, or because of medical or psychiatric disability.
(6) Without authority provides drugs or other restricted chemical substances to
another person.
(7) Allows a credential or status issued by the board to be used by a person other than
the one to whom the credential or status was issued.
(8) Engages in sexual misconduct with a client or a family member of a client.
(9) Obtained a credential or status by means of fraud, misrepresentation, or
concealment of material facts.
(10) Has been found guilty of fraud or deceit in connection with services rendered.
(11) Has been grossly negligent in practice as a licensed, certified, or registered
professional, professional in training, or assistant, as provided for in this Chapter.
(12) Has violated any lawful order, rule, or regulation rendered or adopted by the
board.
(13) Has violated any provision of this Chapter.
(14) Has had his certificate or registration to practice disciplined by another state,
territory, or district of the United States.
(15) Has been found guilty of unprofessional conduct, including departing from, or
failing to conform to, the minimal standards of acceptable and prevailing practice. Actual
injury to a client need not be established.
B. The board shall adopt rules and procedures establishing a disciplinary process
which shall, at a minimum, comply with the following:
(1) Any person whose credential or status is sought to be disciplined in accordance
with the provisions of this Chapter shall be given thirty days notice in writing enumerating
the charges and specifying the date for a hearing before the board conducted in accordance
with applicable provisions of the Administrative Procedure Act, R.S. 49:950 et seq.
(2) In connection with any hearing, the board may issue subpoenas, compel the
attendance and testimony of witnesses, and administer oaths in the same manner as a district
court in the parish wherein the hearing takes place.
(3) A stenographic or audio record of all disciplinary proceedings before the board
shall be made and upon payment by the requesting party a transcript kept on file with the
board.
(4) If the board finds that public health, safety, and welfare requires emergency
action and incorporates a finding to that effect in its order, a summary suspension of a
license, certificate, or registration may be ordered pending proceedings for disciplinary
action. Such proceedings shall be promptly instituted and determined pursuant to rule.
C. Any person aggrieved by a decision of the board in a disciplinary hearing may
appeal the decision within thirty days to the district court for the parish wherein the hearing
was held pursuant to the Administrative Procedure Act.
D. In addition to the disciplinary action or fines assessed by the board, the board may
assess all costs incurred in connection with the proceedings including but not limited to
investigation, court reporting, attorney fees, and court costs.
E. The board, in its discretion, may maintain the confidentiality of an individual
licensee, registrant, or certificate holder who violates a provision of this Chapter whenever
the board determines that the public interest will be best served by alternatives to the
disciplinary process.

Legislative History

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2005, No. 368, §1; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.