La. Admin. Code tit. 46 § XLVII-3407

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

Section XLVII-3407 - Disciplinary Process and Procedures

A. Introduction. The provisions of the Administrative Procedure Act shall govern proceedings on questions of violation of R.S. 37:911 et seq., as re-enacted and amended.

1. A disciplinary proceeding, including the formal hearing, is less formal than a judicial proceeding. It is not subject to strict rules and technicalities, but must be conducted in accordance with considerations of fair play and constitutional requirements of due process.

2. The purpose of a disciplinary proceeding is to determine contested issues of law and fact; whether the individual did certain acts and, if he did, whether those acts violated the Nurse Practice Act or rules and regulations of the board; and to determine the appropriate disciplinary action.

B. Investigation

1. The process of a disciplinary proceeding shall include certain steps and may include other steps as follows.

a. The board receives information alleging that an individual has acted in violation of the Nurse Practice Act. Communications from the informant shall be privileged and shall not be revealed to any person unless such documents will be offered for evidence in a formal hearing, or unless those documents being subpoenaed by a court, or requested by other regulatory or law enforcement agencies.

b. The information is investigated by the board's employees to determine if there is sufficient evidence to warrant disciplinary proceedings. Information received by the board shall not be considered a complaint until the individual furnishing that information submits the information in writing to the board. The executive director or designee may issue a subpoena prior to the filing of charges if, in the opinion of the executive director, such a subpoena is necessary to investigate any potential violation or lack of compliance with R.S. 37:911 et seq., or the rules, regulations, or orders of the board. The subpoena may be to compel the attendance of any person to appear for the purposes of giving sworn testimony and/or to compel the production of books, records, papers, or other objects.

2. An agreement worked out between the persons making the complaint and the individual does not preclude disciplinary action by the board. The nature of the offense alleged and the evidence before the board must be considered.

C. Informal Disposition of with No Disciplinary Action

1. Some allegations may be settled informally by the board and the individual, without formal disciplinary action. The following types of informal dispositions may be utilized.

a. Disposition by Correspondence. For less serious allegations, the executive director, or a designee of the board, may write to the individual explaining the nature of the information received. The individual's subsequent response may satisfactorily explain that no violation of the Nurse Practice Act, or rules, or order of the board occurred, or that the matter does not rise to the level requiring formal disposition at this time, and the matter may be dropped. If the situation is not satisfactorily explained, it shall be investigated and disposed of through another informal means or brought before the board for a formal hearing.

b. Informal Conference

i. The executive director, or a designee of the board, may hold a conference with the individual, in lieu of, or in addition to correspondence, in cases of less serious allegations. If the respondent can satisfactorily explain that no violation of the Nurse Practice Act, or rules, or order of the board occurred, or that the matter does not rise to the level requiring formal disposition at this time, then the matter may be dismissed.

ii. The individual shall be given adequate notice of the fact that information brought out at the conference may later be used in a formal hearing.

c. Referral to an alternative to the disciplinary process.

La. Admin. Code tit. 46, § XLVII-3407

Promulgated by the Department of Health and Human Resources, Board of Nursing, LR 7:75 (March 1981), amended by the Department of Health and Hospitals, Board of Nursing, LR 24:1293 (July 1998), LR 31:1585 (July 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:918, R.S. 37:921, R.S. 37:922 and R.S. 37:923.