Current through Register Vol. 50, No. 9, September 20, 2024
A. These complaint disposition guidelines are
designed to:
1. provide guidance to the board
in assessing administrative disciplinary dispositions for violations of the
Louisiana Medical Practice Act and the various practice acts governing allied
healthcare practitioners regulated by the board; and
2. promote consistency in administrative
disciplinary dispositions for similar violations.
B. In the event that the practice act or
rules administered by the board for a category of allied healthcare providers
do not contain the exact charges identified below, but instead refer to
unprofessional conduct or a violation of the code of ethics of
a national or professional organization, such violations will to the extent
applicable be addressed by the guidance set forth below.
C. Special definitions. As used in this
Section the following terms shall have the meanings specified.
1.
Continuing Medical
Education or
CME, may include, but is not limited to,
one or a combination of courses on:
a. medical
ethics;
b. professional
boundaries;
c.
professionalism;
d. proper
prescribing of controlled or other substances;
e. risk management;
f. medical record keeping;
g. any CME program developed by the board;
and
h. any designated CME specified
by the board;
2.
Probationary Terms and Conditions (T and C) may include, but
is not limited to, any restriction, limitation, condition, requirement,
stipulation, or other provision that the board may determine appropriate,
probationary T and C may also include CME, a fine and payment of investigator
and attorney fees and all costs of the proceeding. The duration of probationary
T and C rests with the discretion of the board following consideration of
aggravating and mitigating circumstances defined in
§9714 of this Part.
D. The maximum administrative disciplinary
disposition that may be imposed by the board is denial or revocation of a
license or permit to practice medicine or the license, certificate,
registration or permit to practice as an allied healthcare practitioner
regulated by the board, and an administrative fine of $5,000 as to physician
and the amount, if any, specified by the act governing the allied healthcare
practitioner. The board may also assess investigator and attorney fees and all
costs of the proceeding in accordance with the applicable practice
act.
E. The administrative
disciplinary dispositions identified in this Section provide a range from
minimum to maximum. Each violation
constitutes a separate offense; a:
1. greater
disciplinary disposition may be imposed based on the number of
violations;
2. disciplinary
disposition may be greater or lower based on the presence or absence of
aggravating or mitigation circumstances, identified in
§9714 of this Part.
F. This Section is intended to compliment,
and in no event shall it be construed to limit the board's authority to make
such administrative disciplinary dispositions as it may deem appropriate under
the particular facts and circumstances presented and as authorized by the
applicable practice act in question.
1.
Conviction/plea to a felony:
a.
minimum-suspension for period of incarceration plus supervised release. If no
incarceration, suspension for the duration of the supervised release and
probationary terms and conditions (T and C) for a minimum of one
year;
b.
maximum-suspension with probationary terms and conditions or
revocation;
2.
Conviction/plea to charge related to practice:
a. minimum-suspension of license for period
of incarceration plus supervised release. If no incarceration, suspension for
the duration of the supervised release and reprimand and CME or a fine or
both;
b. maximum-suspension or
revocation;
3. Fraud,
deceit, or perjury obtaining a diploma, license, or permit:
a. minimum-letter of concern, resubmission of
corrected application and new application fee;
b. maximum- if violation renders
applicant/licensee ineligible for license, suspension or revocation; if
violation does not render applicant/licensee ineligible for license,
resubmission of corrected application, new application fee and probationary T
and C;
4. Providing
false testimony/information to the board:
a.
minimum-letter of concern and CME;
b. maximum-probationary T and C;
5. Abuse of drugs or alcohol.
a. minimum-when no prior treatment, referral
to Healthcare Professionals Foundation of Louisiana, Inc.; when prior
treatment, probationary T and C for minimum of 1 year;
b. maximum-suspension, probationary T and C
and/or revocation;
6.
Providing controlled substances without medical justification therefor or in
illegitimate manner:
a. minimum-letter of
concern;
b. maximum-suspension with
probationary T and C for or revocation;
7. Solicitation of patients or self-promotion
that is fraudulent, false, deceptive, or misleading;
a. minimum-letter of concern;
b. maximum-suspension and/or probationary T
and C;
8. currently not
enforceable;
9. currently not
enforceable;
10. Efforts to deceive
the public:
a. minimum-letter of
concern;
b. maximum-probationary T
and C;
11. Making or
submitting false, deceptive, or unfounded claims or reports:
a. minimum-letter of concern and CME or a
fine or both;
b. maximum-suspension
and/or probationary T and C;
12. Inability to practice medicine with skill
or safety:
a. minimum-practice restrictions,
probationary T and C;
b.
maximum-suspension with probationary T and C or revocation;
13. Unprofessional conduct:
a. minimum- letter of concern and CME or a
fine or both;
b. maximum-suspension
and/or probationary T and C or revocation;
14. Medical incompetency:
a. minimum-letter of concern and CME or a
fine or both;
b. maximum-suspension
and/or probationary T and C or revocation;
15. Immoral conduct:
a. minimum-reprimand and CME or a fine or
both;
b. maximum-suspension and/or
probationary T and C or revocation;
16. Gross overcharging for professional
services:
a. minimum-letter of concern and CME
or a fine or both;
b.
maximum-probationary T and C;
17. Abandonment of a patient:
a. minimum-letter of concern and CME or a
fine or both;
b.
maximum-probationary T and C;
18. Assisting an unlicensed person to
practice or professional association with illegal practitioner:
a. minimum-letter of concern and/or
CME;
b. maximum-suspension and/or
probationary T and C;
19. Soliciting or accepting, or receiving
anything of economic value for referral:
a.
minimum-letter of concern and CME or a fine or both;
b. maximum-suspension and/or probationary T
and C or revocation;
20.
Violation of federal or state laws relative to control of social diseases:
a. minimum-letter of concern and
CME;
b. maximum-probationary T and
C;
21. Interdiction or
commitment:
a. minimum-suspension,
demonstration of competency to resume practice;
b. maximum-suspension and/or probationary T
and C or revocation;
22.
Utilizing a physician's assistant without Board registration:
a. minimum-letter of concern and/or
CME.
b. maximum-reprimand and CME
or a fine or both;
23.
Employing a physician's assistant whose conduct includes any of the causes
enumerated in this Section:
a.
minimum-reprimand and CME or a fine or both;
b. maximum-probationary T and C for 1 year
and fine;
24.
Misrepresenting the qualifications of physician' assistant:
a. minimum-letter of concern and CME or a
fine or both;
b.
maximum-probationary T and C.
25. Inability to practice medicine with skill
or safety:
a. minimum-restriction/limitation
of practice and CME;
b.
maximum-suspension and/or probationary T and C or revocation;
26. Refusing to submit to
evaluation:
a. minimum-suspension and/or
probationary terms and conditions;
b. maximum-suspension and probationary T and
C;
27. Currently not
enforceable;
28. Currently not
enforceable;
29. Action by another
state that denies, prevents or restricts practice in that state:
a. minimum-letter of concern or probationary
T and C;
b. maximum-suspension
and/or probationary T and C or revocation;
30. Violation of rules of the board, or any
provisions of the practice act:
a.
minimum-letter of concern and CME or a fine or both;
b. maximum-suspension and/or probationary T
and C or revocation;
31.
Failure by a physician to self-report personal action constituting a violation
of this Act within 30 days:
a. minimum-letter
of concern and CME or a fine or both;
b. maximum-probationary T and C;
32. Holding oneself out as "board
certified", without meeting required criteria:
a. minimum-letter of concern and CME or a
fine or both;
b. maximum-reprimand
and CME or a fine or both.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
37:1261-1292 and
37:1270(A)(5).
