2006 Louisiana Laws - RS 37:3390.3 — Disciplinary action; administrative fee; causes; hearing; appeal

§3390.3.  Disciplinary action; administrative fee; causes; hearing; appeal

A.  The department shall have the power to deny, revoke, or suspend any credential, specialty certification, status, or other recognition authorized by this Chapter.  In addition, the department 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 department 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 abuse, 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 department 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 department.

(13)  Has violated any provisions 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 department 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 department conducted in accordance with applicable provisions of the Administrative Procedure Act, R.S. 49:950 et seq.

(2)  In connection with any hearing the department 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 department shall be made and upon payment by the requesting party a transcript kept on file with the department.

(4)  If the department 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 department 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 department, the department may assess all costs incurred in connection with the proceedings including but not limited to investigation, court reporting, attorney fees and court costs.

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2005, No. 368, §1.