2006 Louisiana Laws - RS 37:2816 — Suspension or revocation of license; causes; hearing; advertisement; reinstatement

§2816.  Suspension or revocation of license; causes; hearing; advertisement; reinstatement

A.  After notice and an opportunity for hearing, the board may suspend or revoke any license or certificate, or impose probationary or any other restrictions on any license or certificate, issued to any chiropractor for any of the following causes:

(1)  Conviction of a crime; however, if such crime is a misdemeanor, suspension or revocation of licensure shall not extend beyond one year.  The board may require successful completion of remedial and rehabilitative measures as a condition of reinstatement.  Such measures may include but are not limited to counseling, additional continuing education requirements, and competency evaluation.

(2)  Fraud, deceit or perjury in obtaining a diploma or certificate of licensure.

(3)  Habitual drunkenness.

(4)  Habitual use of morphine, opium, cocaine or other drugs having similar effect.

(5)  Deceiving or defrauding, or attempting to deceive or defraud the public.

(6)  Obtaining or attempting to obtain payment for chiropractic services by fraud, deceit or perjury.

(7)  Incompetency, gross negligence, or gross misconduct in professional activities.

(8)  Intentional violation of federal, state or municipal laws or regulations relative to contagious and infectious diseases or other public health matters.

(9)  Violation of provisions of this Chapter relating to the use of x-ray machines and procedures.

(10)  Engaging in practice of the healing art beyond the scope of the practice of chiropractic, as defined in this Chapter.

(11)  Professional association with an unlicensed practitioner which in any way furthers or promotes the unlicensed practice of chiropractic.

(12)  Holding out to the public the ability to cure a manifestly incurable disease or guaranteeing any professional service.

(13)  Prescribing, dispensing or administering any medicines or drugs.

(14)  Solicitation of professional patronage by misleading, deceptive, or self-laudatory advertising including that which is misleading, deceptive, or self-laudatory to the patient, insured, or his insurer.

(15)  Using the title "Doctor," "Dr." or its equivalent, without using the term "chiropractor," or its equivalent, as a suffix or in connection therewith, under such circumstances as to induce the belief that the practitioner is entitled to practice any portion of the healing arts other than chiropractic as defined herein.

(16)  Repealed by Acts 2001, No. 375, §3.

B.  The board may, as a probationary condition, or as a condition of the reinstatement of any license or certificate suspended or revoked hereunder, require the license or certificate holder to pay all costs of the board proceedings, including investigators', stenographers', and attorneys' fees, and to pay a fine not to exceed ten thousand dollars.  Failure to pay such costs, fees, or fines may result in refusal of license renewal by the board as provided in R.S. 37:2810(D).

C.  Any license or certificate suspended, revoked, or otherwise restricted by the board may be reinstated by the board.

D.  The board's final decision in an adjudication proceeding under this Section, other than by consent order, agreement, or other informal disposition, shall constitute a public record, but the board shall have authority and discretion to disclose such disposition to any person, firm, or corporation with a legitimate interest therein or to the public generally.

E.  Any chiropractor whose license has been suspended or revoked may not affiliate or associate with or be involved in any manner with the practice of chiropractic or the business of chiropractic for the period of the suspension or revocation.

F.(1)  Nothing in this Section shall be construed to prevent the advertisement by a licensed chiropractor of the availability of routine chiropractic services and the fees to be charged therefor.

(2)  The Board of Chiropractic Examiners shall make rules governing advertising consistent with state and federal laws.

Added by Acts 1974, No. 39, §1.  Amended by Acts 1975, No. 268, §1; Acts 1978, No. 635, §1; Acts 1984, No. 404, §1; Acts 1986, No. 231, §1; Acts 1988, No. 94, §1; Acts 1988, No. 590, §1; Acts 1991, No. 1047, §1; Acts 1993, No. 961, §1; Acts 2001, No. 375, §§2 and 3.