Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part XLV - Medical Professions
Subpart 3 - Practice
Chapter 76 - Definition of Enforcement Terms
Subchapter B - Unprofessional Conduct
Section XLV-7603 - Unprofessional Conduct
Universal Citation: LA Admin Code XLV-7603
Current through Register Vol. 50, No. 9, September 20, 2024
A. In the exercise of its duties the board has determined to define the term unprofessional conduct, as set forth in R.S. 37:1285(A)(13), as conduct that includes but is not limited to the departure from, or the failure to conform to, the standards of acceptable and prevailing medical practice or the ethics of the medical profession including, but not limited to, the principles established by the American Medical Association, the American Osteopathic Association, and relevant medical specialty associations, or the commission of any act contrary to honesty, justice, good morals, patient safety or the best interest of the patient, whether committed in the course of the physician's practice or otherwise, and whether committed within or without of this state. For illustrative purposes only, unprofessional conduct includes but is not limited to :
1.
Sexual Misconduct- any act of sexual intimacy, contact,
exposure, gratification, abuse, exploitation or other sexual behavior with or
in the presence of a patient or any other individual related to the physician's
practice of medicine regardless of consent. Such conduct may be verbal,
physical, visual, written or electronic, or it may consist of expressions of
thoughts, feelings or gestures that are sexual or reasonably may be construed
by a patient or other individual as sexual or which may reasonably be
interpreted as intended for the sexual arousal or gratification of the
practitioner, the patient or another individual. Sexual misconduct between a
physician and a former patient after termination of the physician-patient
relationship may also constitute unprofessional conduct if the
sexual misconduct is a result of the exploitation of trust, knowledge,
influence or emotions derived from the professional relationship;
2.
Disruptive Behavior-a
berrant behavior, including but not limited to harassment, sexual or otherwise,
manifested through personal interaction with physicians, employees, co-workers,
hospital personnel, health care professionals, patients, family members or
others, which interferes with patient care or could reasonably be expected to
interfere with the process of delivering quality care or jeopardizing patient
safety;
3.
Failing to
Cooperate with the Board- physicians shall cooperate with and assist
the board to carry out its duties. A physician shall, among other matters:
a. respond or provide information or items
requested, respond to a subpoena, or complete an evaluation within the time
designated by the board or its staff;
b. not attempt to influence the board, its
members, staff or agents by means of intimidation, falsehoods or other means
prohibited by law;
c. not contact
members of the board directly or through others in an attempt to influence the
outcome of an investigation or disciplinary proceeding; and
d. not contact or attempt to contact a
complainant or witness regarding a complaint or an investigation by the board
for purposes of intimidation or harassment;
4.
Failing to Maintain Independent
Medical Judgment- at all times while engaged in the practice of
medicine in this state a physician shall exercise independent medical judgment
in the sole interest of the patient. To that end a physician shall not:
a. allow a non-physician to impose or
substitute his, her, or its judgment for that of the physician in the exercise
of the rights and privileges provided for by medical licensure; or
b. enter into or attempt to enforce an
agreement that would have the effect of requiring a physician to abandon a
patient, deny a patient continuity of care, or interfere with the patient's
freedom of choice in the selection of health care providers or
services;
5.
Improperly Delegating or Supervising- physicians retain responsibility
to their patients for the training, delivery and results of medical services
rendered to their patients. A physician shall not:
a. delegate professional responsibilities to
a person the physician knows or has reason to know is not qualified by
training, experience or licensure to perform them; or
b. fail to exercise appropriate supervision
over a person who is authorized to practice only under physician
supervision;
6.
Exercising Undue Influence-physicians shall exercise their
professional judgment in the best interest of their patients. A physician shall
not:
a. place his or her own financial gain
over the interest and welfare of a patient in providing, furnishing,
prescribing, recommending or referring a patient for therapy, treatment,
diagnostic testing or other health care items or services;
b. perform, or refer a patient to another to
perform, unnecessary tests, examinations or services which have no legitimate
medical purpose; or
c. e xercise
influence over a patient in such a manner as to exploit the patient or his or
her third party payor for financial gain of the physician or of a third party
through the promotion or sale of services, goods, appliances or
drugs;
7.
Enabling the Unauthorized Practice of Medicine- A physician
shall insure that he or she is practicing in conformity with the law and in a
lawful setting. A physician shall not:
a.
enter into any arrangement, as medical director or otherwise, that allows or
condones an unlicensed individual to engage in the practice of medicine, as
defined by
R.S.
37:1261(1), in the absence
of the physician's direction and immediate personal supervision-i.e., where the
physician is physically present on the premises at all times that the
unlicensed individual is on duty and retains full responsibility to patients
for the training, delivery and results of all services rendered; or
b. practice in a pain management clinic that
is not licensed by the Department of Health and Hospitals pursuant to
R.S.
40:2198.11 et seq., or in any other clinic or
medical setting that the physician knows or reasonably should know, is
operating in violation of the law or the board's rules;
8.
Practicing or Enabling Practice by
Impaired Provider-a physician shall not:
a. engage in the practice of medicine while
under the influence of a mood-altering substance that compromises or has the
potential to compromise a physician's medical judgment or practice,
irrespective of whether or not prescribed by another physician or authorized
practitioner; or
b. prescribe any
mood-altering substance to a patient, who is a physician or another licensed
health care provider, without instructing the patient to refrain from practice
while under the influence of the substance. The physician's record on the
patient shall document this instruction;
9.
Failing to Adhere to Accepted
Practices; Misleading Practices-a physician shall:
a. practice within the scope of his or her
education, training and experience; and
b. not hold himself or herself out as a
specialist in an area of medical practice unless the physician has successfully
completed a residency or fellowship training program, which is accredited by
the American Council on Graduate Medical Education of the American Medical
Association, the American Osteopathic Association, or the Royal College of
Physicians and Surgeons of Canada.
10.
Failing to Create or Maintain
Medical Records-a physician shall create and maintain adequate and
legible patient records. In addition, a physician shall:
a. not falsely create or alter a medical
record or destroy a medical record except as authorized by law;
b. upon receipt of proper authorization, and
in conformity with R.S. 40:12999.96, make patient medical records in the
physician's possession available within a reasonable period of time to the
patient, the patient's representative, or another physician or licensed health
care provider;
c . make
arrangements for patient access to medical records of the physician after
relocating or closing a medical practice, retiring, or being prohibited from
practice by consent, decision or other order of the board;
d. make arrangements, or assist another
physician practicing in the same group make arrangements, for access by a
physician or patients to their medical records after the physician has left a
medical practice, relocated a practice to a new location, closed a practice, or
retired;
e. insure proper
destruction of medical records by methods approved by state or federal
authorities; and
f. not abandon or
desert medical records.
11.
Self-Treatment; Treatment of
Immediate Family Members-except in cases of emergency, physicians
shall not prescribe controlled substances for themselves or their immediate
family members. As respects a physician, immediate family
members include the physician's spouse, children, parents, and
siblings.
B. By implementing the meanings set forth hereinabove, the board does not intend to restrict and indeed reserves unto itself its authority and right to take action based upon R.S. 37:1285(A)(13), in any instance in which the particular facts and circumstances of a complaint, investigation or adjudication rise to a level of conduct that it may, in its discretion, determine constitutes unprofessional conduct.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1261-1292, 37:1270, 37:1285.
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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