Current through Register Vol. 50, No. 9, September 20, 2024
A. The board may refuse to issue, renew or
reinstate, or may suspend, revoke, or impose probationary conditions and
restrictions on the holder of any license or permit to practice
polysomnographic technology in this state or on an applicant, if the applicant,
licensee or permit holder 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 and in
R.S.
37:2867(A), "unprofessional
conduct" by an applicant, licensee or holder of a permit to practice
polysomnographic technology 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, of the United States, or of 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, of the United States, or of the state in which
such conviction or plea was entered, arising out of the practice of
polysomnographic technology;
3.
fraud, deceit, misrepresentation, or concealment of material facts in procuring
or attempting to procure a license or permit to engage in the practice of
polysomnographic technology;
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.
continuing or recurring practice which fails to satisfy the prevailing and
usually accepted standards of the practice of polysomnographic technology in
this state;
8. interdiction by due
process of law;
9. failing to
successfully complete the continuing professional education requirement for
polysomnographic technology as provided in Chapter 33, Subchapter G of these
rules;
10. solicitation of patients
or self-promotion through advertising or communication, public or private,
which is fraudulent, false, deceptive, or misleading;
11. making or submitting false, deceptive, or
unfounded claims, reports, or opinions to any patient, insurance company, or
indemnity association, company, individual, or governmental authority for the
purpose of obtaining anything of economic value;
12. knowingly performing any act which in any
way assists an individual who does not hold a license or permit to practice
polysomnographic technology in this state to engage in the practice of
polysomnographic technology, or having a professional connection with or
lending one's name to an illegal practitioner;
13. paying or giving anything of economic
value to another person, firm, or corporation to induce the referral of
patients to a sleep center, laboratory or other entity for polysomnographic
technology services or procedures;
14. inability to practice polysomnographic
technology 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;
15. refusal to
submit to examination and inquiry by an examining committee of physicians
appointed by the board to inquire into the physical and/or mental fitness and
ability of an applicant, licensee or permit holder to practice polysomnographic
technology with reasonable skill or safety;
16. failure to respond or to provide
information or items within the time requested by the board's staff, or to
respond to a subpoena issued by the board, or to complete an evaluation within
the time designated by the board;
17. practicing polysomnographic technology
other than on the written prescription or verbal order of a physician and under
his or her direction or supervision, or performing, attempting to perform, or
permitting anyone else to perform any procedure not authorized by licensure or
permit;
18. 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;
19. violation of the code
of ethics adopted and published by the BRPT;
20. the refusal of the licensing authority of
another state to issue or renew a license or permit to practice
polysomnographic technology 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;
21. violating or
helping someone else violate any rule and regulation of the board, or any
provision of the Act, as may be amended,
R.S.
37:2861-2870.
D. The denial, refusal
to renew, suspension, revocation, or imposition of probationary conditions upon
the holder of a licensee or permit, or 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 reinstate any license or permit suspended or revoked hereunder, or
restore to unrestricted status any license or permit subject to probationary
conditions or restrictions by the board upon payment, if applicable, of the
reinstatement fee and satisfaction of such terms and conditions as may be
prescribed by the board; provided, however, an application for reinstatement of
a license that has been revoked by the board shall not be made or considered by
the board prior to the expiration of one year following the date on which the
board's order of revocation became final. The board shall have discretion to
accept or reject such an application but shall hold a hearing to consider such
reinstatement.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:2861-2870 and
37:1270(B)(6).
