§ 40:1133.8 — Hearings of the commission; appeal of decision

Louisiana § 40:1133.8

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1133.8. Hearings of the commission; appeal of decision
A. If the commission determines there are grounds for a disciplinary proceeding
against an individual based upon an investigation by the bureau, the chairman of the
commission shall set a time and place for a hearing. No later than ten days prior to the date
set for the hearing, the commission shall send notice of the time and place for the hearing and
an explanation of the grounds for the disciplinary proceedings to the individual by registered
mail, return receipt requested, at his last known address as it appears on the records of the
bureau.
B. The commission may compel or subpoena the attendance of witnesses, the
production of books, papers, and documents, and administer oaths at the hearing. Subpoenas
shall be issued in accordance with the provisions of the Administrative Procedure Act, R.S.
49:950 et seq. The commission shall not be bound by strict rules of procedure or other laws
of evidence in the conduct of its proceedings. The individual under investigation may appear
personally, by counsel, or personally and by counsel, produce witnesses and evidence on his
own behalf, and cross-examine witnesses. Such proceedings shall be closed to the general
public and the records of the proceeding shall be confidential.
C. Notwithstanding any privilege of confidentiality recognized by law, a physician
or health care agency with which the individual under investigation is associated shall not
assert such privilege by failing or refusing to respond to a lawfully issued subpoena of the
commission for any medical information, testimony, records, data, reports, or other
documents, tangible items, or information relative to any patient cared for or assigned to the
individual under investigation. Any such items obtained pursuant to a subpoena shall be
confidential. Furthermore, the transcript of testimony from the hearing shall be altered to
prevent the disclosure of the identity of the patient to whom such records relate.
D. Notice of the commission's decision to revoke, restrict, suspend, or deny a license
or certification shall be sent to the individual under investigation by registered mail, return
receipt requested, at his last known address as it appears on the records of the bureau.
E. An individual whose license or certification has been revoked, restricted,
suspended, placed in probation, or denied may have the proceedings of the commission
reviewed by a court of competent jurisdiction, provided that an appeal is made no later than
thirty days after the date indicated on the registered mail receipt of the notice required by
Subsection D of this Section. The decision of the commission shall remain in force until an
appeal is granted unless the court orders a stay. If an appeal is granted, the decision of the
commission shall be suspended until a final disposition of the matter is ultimately rendered
by the court affirming the decision of the commission.
F. The commission may maintain the confidentiality of an individual under
investigation whenever the commission determines the public interest will be best served by
alternatives to the disciplinary hearing process.

Legislative History

Acts 1997, No. 913, §2; Acts 2003, No. 208, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.7 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1.