Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LXIX - Registered Dietitians/Nutritionists
Chapter 7 - Practitioner Health Program
Section LXIX-701 - Purpose and Scope

Universal Citation: LA Admin Code LXIX-701

Current through Register Vol. 50, No. 3, March 20, 2024

A. Upon voluntary disclosure or proof that an applicant or licensee has provided professional services while under the influence of alcohol or has used narcotic or controlled dangerous substances or other drugs in excess of therapeutic amounts or without valid medical indication, the board may offer the applicant or licensee the practitioner health program in order to receive, renew, or maintain the professional license. Participation in the program may be required as a prerequisite to initial application for licensure or continued practice in accordance with the conditions of any consent order, compliance hearing, or adjudication hearing.

B. The board, or its designated program administrator, may utilize its discretionary authority to require or exclude specific components of this program for participants based upon determination of the nature and severity of the impairment. Participation in the practitioner health program may consist of all or part of the following components:

1. a substance abuse assessment performed by a qualified, licensed health care professional within a prescribed period of time;

2. monitoring, including drug/alcohol screenings, with results submitted to the board, or its designated program administrator, for a specified period of time. The frequency of screening and a deadline for submission of the screening results will also be specified. The name of the monitoring agency shall be submitted as requested by the board, or its designated program administrator. Monitoring shall continue for a period of up to 36 months, as specified by the board, or its designated program administrator;

3. suspension of the license or other action specified by the board, or its designated program administrator, upon receipt of any positive, unexplained screening results during the monitoring period;

4. mandatory weekly attendance at a self-help group such as Alcoholics Anonymous for a specified period of time. Submission of a monthly log which meets the board, or its designated program administrator's specifications will be required:
a. a monthly log must be submitted to and received by the board, or its designated program administrator, before the final business day of the month following completion of the required meetings. It is the licensee's responsibility to ensure that these logs are properly completed and received by the board, or its designated program administrator, by the designated date;

b. the monthly log requires documentation of the first name and first initial of the last name of the sponsor, and meeting dates and times;

5. therapy for substance abuse by a licensed, health care professional;

6. supervision of the licensee by a supervisor approved by the board, or its designated program administrator;

7. penalties for noncompliance as determined by the board, or its designated program administrator.

C. The licensee will be responsible for executing all required releases of information and authorizations required for the board, or its designated program administrator, to obtain information from any monitor, treatment or service provider concerning the licensee's progress and participation in the program.

D. The applicant or licensee will bear the financial burden for all costs incurred in complying with the terms of assessments, supervision, drug/alcohol screens, and reproduction of treatment or other records.

E. The licensee shall notify the board and its designated program administrator's office by telephone within 48 hours and in writing within five days of any changes of licensee's home address, telephone number, employment status, employer, supervisor, and/or change in practice at a facility.

F. In the event that a licensee relocates to another jurisdiction, the licensee will within five days of relocating be required to either enroll in the other jurisdiction's practitioner health program and have the reports required under the agreement sent to the board, or its designated program administrator, or if the other jurisdiction has no practitioner health program, the licensee will notify the licensing board of that jurisdiction that the licensee is impaired and enrolled in the Louisiana program. In the event the licensee fails to do so, the license will be suspended.

G. Violation of the terms or conditions of the program may result in the immediate suspension of the individual's license to practice or other penalties for noncompliance.

H. The board, and its designated program administrator, will, to the full extent permissible, maintain an agreement or consent agreement and order relating to the licensee's participation in the practitioner health program as a confidential matter. The board, and its designated program administrator, retains the discretion to share information it deems necessary with those persons providing evaluation/assessment, therapy, treatment, supervision, monitoring or drug/alcohol testing or reports. Violation of any terms, conditions or requirements contained in any consent order, or board decision can result in a loss of the confidential status.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3081-3093; R.S. 36:259(Q).

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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