La. Admin. Code tit. 46 § XXV-923

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXV-923 - Rules of Evidence; Official Notice; Oaths and Affirmations; Subpoenas; Depositions and Discovery; Confidential Privileged Information, and Executive Session

A. Rules relating to evidence, notice, authority to administer oaths, issue subpoenas, conduct depositions and discovery, and the control of confidential and privileged information will be applied in adjudication proceedings before the board as specified in R.S. 49:956, or as may be modified by R.S. 13:3715.1(J) and R.S. 44:4(25).

B. To the extent applicable, the testimonial privileges set out in the Social Work Practice Act, R.S. 37:2718 and the Louisiana Code of Evidence will apply to the hearings before the board. By bringing a complaint against his or her social worker, the client waives the privilege of confidentiality for the purposes of the hearing.

C. The hearing panel and its designated presiding officer shall take reasonable steps to protect patient/client identity on any medical/psychotherapy records or similar records as required by R.S. 13:3715.1(J), and to the extent that any information presented at a hearing involves peer review material within the meaning of R.S. 13:3715.3. If protection of peer review material is required, the board is authorized to conduct that portion of the hearing in executive session to preserve the confidentiality of peer review privilege materials, including information, data, reports, and records in compliance with R.S. 13:3715.3(G). The board may also go into executive session for the limited purpose of discussing the character, professional competence, or physical or mental health of a license, pursuant to R.S. 42:6 and 6.1 and Op. Atty. Gen. No. 94-561, Dec. 8, 1994.

La. Admin. Code tit. 46, § XXV-923

Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 29:2394 (November 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705.C.