La. Admin. Code tit. 46 § XLVII-3409

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLVII-3409 - Formal Disciplinary Action

A. A decision to initiate formal disciplinary proceedings is made if one or more of the following conditions exists.

1. The complaint is sufficiently serious.

2. The individual fails to respond to the board's correspondence concerning the complaint.

3. The individual's response to the board's letter or investigative demand is not convincing that no action is necessary.

4. An informal approach is used, but fails to resolve all of the issues.

B. Informal Procedures. The matter may be resolved without a formal administrative hearing by either a voluntary surrender of license, consent order, or settlement order. These actions shall constitute disciplinary action and shall be a public record of the board. The board shall publish the individual's name, a brief description of the violation, and the disciplinary action. This action shall also be forwarded to the National Council State Boards of Nursing (NCSBN) and any other required reporting entity.

C. Voluntary Surrender of License. An individual who is under investigation for violation of the practice act or rules of the board may voluntarily surrender his/her license or temporary permit to the board. The voluntary surrender invalidates the license or permit at the time of its relinquishment. An individual practicing as a registered nurse during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this Chapter.

1. Any license or permit surrender shall be deemed to be an admission of the alleged facts of any pending investigation or complaint. The fact of license surrender shall be deemed a disciplinary action and shall be reported and distributed in the same manner as final decisions of the board.

2. Surrender or nonrenewal of license or permit shall not preclude the board from investigating or completing a disciplinary proceeding based upon the individual's conduct prior to or subsequent to the surrender of license or permit.

3. Individuals who surrender their license or permit are not eligible for reinstatement of license for a minimum of two years and until meeting the requirements for reinstatement of license as described in this Chapter.

D. Consent Order. An order involving some type of disciplinary action may be made by the board with the consent of the individual.

1. The executive director, compliance director or legal counsel is authorized to offer the individual the choice of a consent order in lieu of an administrative hearing.

2. A consent order signed by an individual is an irrevocable offer by the individual until approved, or rejected, by the executive director or designee.

3. A consent order requires formal approval of a quorum of the board. All actions of the staff shall be reported to the board at its next regularly scheduled meeting.

4. A consent order is not the result of the board's deliberation; it is the board's formal approval of an agreement reached between the board and the individual. The order is issued by the board to carry out the parties' agreement.

a. Should the board require evidence before arriving at a decision, the individual shall be notified and given an opportunity for a hearing.

b. Should the board revise the terms of the agreement, said revised agreement shall be presented for the individual's acceptance. The board may formulate its order contingent upon the individual's acceptance.

5. The staff shall have the right to refer any case directly to an administrative hearing without first offering a consent agreement.

E. Settlement Order. The Disciplinary Settlement Committee is delegated the authority to render a final decision regarding settlement of a contested administrative matter by offering a settlement order in lieu of an administrative hearing. The settlement order shall be deemed an order of the board, effective immediately upon signature of all parties to the agreement.

1. The decisions of the Disciplinary Settlement Committee shall be submitted to the board for review at the next regularly scheduled disciplinary hearing.

2. Should the Disciplinary Settlement Committee be unable to successfully resolve a case, or should the committee believe that the public would be better protected by a decision rendered by the entire board, the matter will be forwarded to the board for a formal hearing. In certain situations, staff may enter into a consent order prior to the formal disciplinary hearing.

La. Admin. Code tit. 46, § XLVII-3409

Promulgated by the Department of Health and Hospitals, Board of Nursing, LR 21:269 (March 1995), amended LR 24:1293 (July 1998), LR 31:1586 (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.