Current through Register Vol. 50, No. 9, September 20, 2024
A. The records of
the committee regarding complaints are confidential except as provided herein.
1. All information concerning complaints
against LRCs shall be confidential except that the committee may disclose such
information when compelled by a validly issued subpoena or when otherwise
required by law or valid court order. In addition, the committee may disclose
to any appropriate organizations or individuals that an individual is under
ethical investigation in cases deemed to be threats to the public welfare and
only when to do so before final adjudication appears necessary to protect the
public.
2. Nothing in this Section
shall be construed to prevent the committee from communicating with the
complainant, witnesses, potential members of fact-finding committees, or other
sources of information necessary to enable the committee to carry out its
investigative function.
B. Original copies of complaint records will
be maintained in locked files at the board's administrative office or at an
off-site location chosen by the board for a specified period of time listed
below.
1. Confidential Permanent Files.
Permanent files of the committee shall be confidential and shall be available
only to those specifically authorized by the committee and by the chair of the
board.
2. Files for Revocation.
Files concerning an LRC whose license has been revoked shall be maintained
indefinitely.
3. Files for
Non-Violations. Except for those cases for insufficient evidence, personally
identifiable information concerning an LRC who has been found not to have
violated the Code of Professional Ethics for Licensed Rehabilitation Counselors
shall be destroyed one year after the committee has closed the case.
4. Files for Insufficient Information. In
cases where the committee has closed a case due to evidence insufficient to
sustain a complaint of ethical violation, records containing personally
identifiable information shall be maintained for five years after the committee
has closed the case.
5. Files of
Lesser Sanctions. In cases where the committee has found an ethical violation
but where the sanction is less than revocation, records containing personally
identifiable information shall be maintained for five years after the committee
has closed the case.
6. Files after
Death. All records containing personally identifiable information shall be
destroyed one year after the commission is notified of the death of the
LRC.
7. Records for Educational
Purposes. Nothing in this Section shall preclude the committee from maintaining
records in a form which prevents identification of the LRC so that it may be
used for archival, educational, or other legitimate purposes.
C. Members of the committee will
keep copies of complaint records confidential and will destroy copies of
records on the sooner of the date of case closure under
§1712. C 1, the date
the time for appeal has expired, or the date the member is no longer a member
of the committee.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:3441-3452 and
36:478.I.
