§ 37:3429 — Denial, revocation, or suspension of license

§3429. Denial, revocation, or suspension of license
A. The board may withhold, suspend, restrict, revoke, or refuse to issue or renew any
license issued or applied for in accordance with this Chapter or otherwise discipline a
licensed clinical exercise physiologist after notice and opportunity for hearing pursuant to
the Administrative Procedure Act upon proof that the applicant or licensed clinical exercise
physiologist:
(1) Has been convicted in a court of competent jurisdiction of a felony that the board
finds is directly related to the practice of clinical exercise physiology pursuant to R.S.
37:2950.
(2) Has violated the code of ethics adopted by the board.
(3) Is using any narcotic or any alcoholic beverage to an extent or in a manner
dangerous to any other person or the public or to an extent that the use impairs his ability to
perform the work of a licensed clinical exercise physiologist.
(4) Has impersonated another person holding a clinical exercise physiologist license
or allowed another person to use his license.
(5) Has used fraud or deception in applying for a license.
(6) Has allowed his name or license issued under this Chapter to be used in
connection with any person who performs clinical exercise physiology services outside of
the area of his training, experience, or competence.
(7) Is legally adjudicated mentally incompetent, the record of such adjudication being
conclusive evidence thereof.
(8) Has willfully or negligently violated any provision of this Chapter.
B. Notice of denial, revocation, suspension, or disciplinary action shall be sent to the
applicant or licensee by registered mail or served personally on the applicant or licensee. The
notice shall state the particular reasons for the proposed action and shall set a date at which
time the applicant or licensee shall be given an opportunity for a prompt and fair hearing.
The written notice shall be sent to the person's last known address, but the nonappearance
of the person shall not prevent such a hearing. For the purpose of such hearing, the board
may subpoena persons, books, and papers, on its own behalf of the applicant or licensee who,
may appear by counsel or personally in his own behalf.
C. On the basis of any hearing or upon default of the applicant or licensee, the board
shall make a determination specifying its findings of fact and conclusions of law. A copy
of such determination shall be sent by registered mail or served personally upon the applicant
or licensee. The decision of the board denying, revoking, or suspending the license shall
become final thirty days after being mailed or served unless within such period the applicant
or licensee appeals the decision as provided by the Administrative Procedure Act. No such
appeal while pending appropriate court action shall supersede such denial, revocation, or
suspension. All proceedings and evidence presented at hearings before the board may be
admissible during appellate proceedings.
D. Every order and judgment of the board shall take effect immediately on its
promulgation unless the board in such order or judgment set a probationary period for the
applicant or licensee. Such order and judgment shall continue in effect until expiration of
any specified time period or termination by a court of competent jurisdiction. The board
shall notify all licensees of any action taken against a licensee and may make public its orders
and judgments in such manner and form as it considers proper.

Legislative History

Acts 1995, No. 630, §1; Acts 2024, No. 644, §1.