Current through Register Vol. 50, No. 9, September 20, 2024
A. The board may deny, refuse to issue,
renew, reinstate or reactivate, or may suspend, revoke or impose probationary
terms, conditions and restrictions on the license of a licensed perfusionist or
provisional licensed perfusionist if the licensee or applicant has been guilty
of unprofessional conduct which has endangered or is likely to endanger the
health, welfare, or safety of the public.
B. As used herein, unprofessional
conduct by an applicant, licensed perfusionist or provisional licensed
perfusionist in this state shall mean and include, but not be limited to:
1. conviction of a crime or entry of a plea
of guilty or nolo contendere to a criminal charge constituting a felony under
the laws of Louisiana, the United States, or the state in which such conviction
or plea was entered;
2. conviction
of a crime or entry of a plea of guilty or nolo contendere to a criminal charge
constituting a misdemeanor under the laws of Louisiana, the United States, or
the state in which such conviction or plea was entered, arising out of the
practice of perfusion;
3. fraud,
deceit, misrepresentation, or concealment of material facts in procuring or
attempting to procure a license or provisional license to engage in the
practice of perfusion;
4. providing
false testimony before the board or providing false sworn information to the
board;
5. the habitual or recurring
abuse of drugs, including alcohol, which affect the central nervous system and
which are capable of inducing physiological or psychological
dependence;
6. cognitive or
clinical incompetency;
7.
interdiction by due process of law;
8. continuing or recurring practice which
fails to satisfy the prevailing and usually accepted standards of the practice
of perfusion in this state;
9.
solicitation of patients or self-promotion through advertising or
communication, public or private, which is fraudulent, false, deceptive, or
misleading;
10. knowingly
performing any act which in any way assists an individual, who is not currently
licensed as perfusionist or provisional licensed perfusionist, or otherwise
exempt from licensure pursuant to the Act or Chapter 27 of these rules, to
engage in the practice of perfusion in this state, or having a professional
connection with or lending one's name to an illegal practitioner;
11. delegating the performance of perfusion
services to a individual who the licensee knows or has reason to know is not
qualified by training, experience or licensure to perform such
service;
12. inability to practice
perfusion with reasonable competence, skill or safety to patients because of
mental or physical illness, condition or deficiency, including but not limited
to deterioration through the aging process or excessive use or abuse of drugs,
including alcohol;
13. refusal to
submit to examination and inquiry by a physician, health care professional, or
at an institution designated by the board to inquire into the physical and/or
mental fitness and ability of an applicant or licensee to practice perfusion
with reasonable skill or safety;
14. failure to respond or to provide
information or items within the time requested by the board's staff, respond to
a subpoena issued by the board, or to complete an evaluation within the time
designated by the board;
15.
practicing or otherwise engaging in conduct or functions beyond the scope of
licensure authorized by the Act;
16. intentional violation of any federal or
state law, parish or municipal ordinance, the state sanitary code, or rule or
regulation relative to any contagious or infectious disease;
17. violation of the code of ethics adopted
and published by the American Board of Cardiovascular Perfusion;
18. the refusal of the licensing authority of
another state to issue, renew, reinstate or reactivate a license or permit to
practice perfusion in that state, or the revocation, suspension, or other
restriction imposed on a license or permit issued by such licensing authority
which prevents, restricts, or conditions practice in that state, or the
surrender of a license or permit issued by another state when criminal or
administrative charges are pending or threatened against the holder of such
license or permit;
19. violating or
helping someone else violate any order, decision, rule or regulation of the
board or any provision of the Act.
C. A license or provisional license that has
been suspended by the board shall be subject to expiration during
suspension.
D. The refusal to
issue, renew, reinstate or reactivate a license, or to issue a provisional
license, or the imposition of probationary or other conditions upon the holder
of a license or provisional license, or on an applicant, may be entered into by
consent of the individual and the board or may be ordered by the board in a
decision made after a hearing in accordance with the Administrative Procedure
Act, R.S.
49:951 et seq., and the applicable rules and
regulations of the board.
E. The
board may, in its discretion, reinstate the license of a licensed perfusionist
or provisional licensed perfusionist that has been suspended or revoked or
otherwise restricted, or restore to unrestricted status any license or
provisional license subject to probationary terms, conditions or restrictions
upon payment, if applicable, of the reinstatement fee and satisfaction of such
terms and conditions as may be prescribed by the board.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1331-1343 and
37:1270(B)(6).
