Current through Register Vol. 50, No. 9, September 20, 2024
A. Some complaints may be settled informally
by the board and the Respondent without a formal hearing. The following types
of informal dispositions may be utilized:
1.
Disposition by Correspondence. For less serious complaints, the executive
director or legal counsel may write to the Respondent explaining the nature of
the complaint received. If the Respondent's subsequent response satisfactorily
explains the situation, the matter may be dropped. If the situation is not
satisfactorily explained, it may be scheduled for an Informal
Conference.
2. Informal Conference.
An Investigative Committee of the board may conduct an Informal Conference with
the Respondent. The Respondent shall be given reasonable notice to participate
in the Informal Conference and provided with a description of the issues to be
discussed, the possible violations of law or rules and whether admissions by
Respondent in the Informal Conference may later be used in a formal hearing.
3.
letter of
concern, as defined in §123;
4. consent order. If the respondent and the
board member participating in the Investigative Committee agree on the
essential facts and law arising out of the complaint and on sanctions to be
imposed on the respondent, the complaint may be resolved by a consent order to
be presented by the participating board member or by board legal counsel for
approval, amendment or rejection. If accepted by the board and the respondent,
the consent order shall be finalized as a board order and shall be reported to
the NPDB and published as a disciplinary action of the board;
5. dismissal:
a. a complaint may be dismissed for the
following reasons:
i. the absence of
adequate, credible evidence; or
ii.
other reasons which the Investigative Committee believes are justification for
dismissal;
b. when it is
the decision of the Investigative Committee to dismiss a complaint, the
complainant shall be provided with a letter explanation for dismissal of the
complaint;
6. education.
After review and investigation of a complaint, the Investigative Committee may
require the licensee to participate in an educational meeting with the
Investigative Committee, or other persons as delegated by the Investigative
Committee, to discuss the laws and rules as they apply to the practice of
physical therapy. Request for an educational meeting shall be in writing and
shall provide the date, time, location, and matters to be discussed. This
meeting shall be confidential and shall not be reported to the NPDB nor
published as a disciplinary action of the board. Failure to comply with the
request for an educational meeting shall be deemed a failure to cooperate with
the board in violation of
§383 A
B. An Agreement reached between a complainant
and a Respondent shall not preclude disciplinary action by the board on the
issues raised in the complaint brought to the board.
This Section was amended utilizing information from the
Sections enumerated. The Historical Note reflects prior action for those
enumerated Sections. A comprehensive revision of the Louisiana Physical Therapy
Board book (LAC 46:LIV) was effective via the boards October 2011 Rule in the
Louisiana Register.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:2420 and Act 535 of
2009.
