2015 Louisiana Laws
Revised Statutes
TITLE 37 - Professions and Occupations
RS 37:1285.2 - Investigations and adjudications; staff; complaints; board procedure; rulemaking authority

§1285.2. Investigations and adjudications; staff; complaints; board procedure; rulemaking authority

            A. Any staff member of the board, except the executive director, may be appointed to act as the lead investigator for any complaint regarding a physician received by the board or any investigation regarding a physician initiated by the board upon its own motion.

            B. The board shall adopt rules, in accordance with the Administrative Procedure Act, to provide for the investigation of complaints against physicians and adjudication of alleged violations by physicians of any provision of this Chapter. The rules shall satisfy the minimum due process requirements of the Constitution of Louisiana and the Constitution of the United States of America and shall address, at a minimum, all of the following:

            (1) Notice of the investigation including a brief summary of the facts constituting the alleged violation to be provided to the physician no later than five business days after the board's formal investigation is initiated by a majority vote of the board members present and voting.

            (2) Time limits for initiating and completing a complaint investigation and for scheduling an adjudicatory hearing.

            (3) Informal settlements and consent decrees.

            (4) Notice of any adjudicatory hearing to be provided to the physician.

            (5) Pleadings and other motions.

            (6) Discovery.

            (7) Subpoenas and subpoenas duces tecum.

            (8) Representation of the physician by counsel of choice.

            (9) Prehearing conferences.

            (10) Procedure for conducting the adjudicatory hearing including examination of witnesses and the placement of evidence into the record.

            (11) Notice of the final decision of the board to be provided to the physician.

            C. Any final decision of the board shall be supported by a preponderance of the evidence presented at the adjudicatory hearing.

            D. The board shall adopt the rules required by this Section no later than January 1, 2016. Beginning July 1, 2015, the board shall report monthly on the progress of the promulgation of the required rules to the House and Senate committees on health and welfare.

            Acts 2015, No. 441, §1, eff. July 1, 2015.