La. Admin. Code tit. 46 § XLV-9716

Current through Register Vol. 50, No. 6, June 20, 2024

Section XLV-9716 - Complaint Disposition Guidelines

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.

La. Admin. Code tit. 46, § XLV-9716

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 47883 (7/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1261-1292 and 37:1270(A)(5).