Louisiana Revised Statutes 37:1326 – A. The board, upon the recommendation of the committee, may deny, suspend, probate, restrict, or revoke the issuance or renewal of a license or certificate, after notice and an oppor
Terms Used In Louisiana Revised Statutes 37:1326
- Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:1312
- Clinical laboratory: means any building, place, or facility in which an operation and procedure for the biological, microbiological, serological, immunological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examinations of materials derived from the human body is performed to provide information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of human beings or for forensic testing. See Louisiana Revised Statutes 37:1312
- Clinical laboratory personnel: means any and all individuals engaged in the practice of clinical laboratory science. See Louisiana Revised Statutes 37:1312
- Committee: means the Clinical Laboratory Personnel Committee to the Louisiana State Board of Medical Examiners established by La. See Louisiana Revised Statutes 37:1312
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Practice of clinical laboratory science: means the performance by any individual, other than a physician licensed by the board, of laboratory testing, analysis, or examination of human specimens. See Louisiana Revised Statutes 37:1312
- Probate: Proving a will
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. The board, upon the recommendation of the committee, may deny, suspend, probate, restrict, or revoke the issuance or renewal of a license or certificate, after notice and an opportunity for a hearing pursuant to the Administrative Procedure Act, upon a preponderance of evidence showing any of the following when such activity is not authorized by the provisions of this Part:
(1) Performing, attempting to perform, or permitting anyone to perform any clinical laboratory procedure or category of procedures not authorized by license or certificate.
(2) Demonstrating incompetence in the performance of the practice of clinical laboratory science.
(3) Dishonest or false reporting of laboratory test results.
(4) Conviction of any crime arising out of or connected to the practice of clinical laboratory science after all suspensive appeals have been exhausted.
(5) Having been adjudged incompetent.
(6) Fraud or deceit in procuring or attempting to procure a license or certificate to engage in the practice of clinical laboratory science.
(7) Violating or helping someone else violate any provision of this Part or any rule or regulation promulgated hereunder.
(8) Failing to successfully complete the licensing or certifying examination or continuing education requirements in the category for which applicant sought licensure or certification.
(9) Intentional violation of any federal or state law, parish or municipal ordinance, the state sanitary code, or rule or regulation relative to any contagious or infectious disease, or any other public health matter.
(10) Unprofessional conduct, which may be further defined and promulgated by the board in accordance with the Administrative Procedure Act, includes but is not limited to the following:
(a) Sexual or disruptive misconduct which manifests as aberrant behavior, harassment, or both, through personal interaction with physicians, employees, coworkers, hospital personnel, healthcare professionals, patients, family members, or others, or which interferes with or could reasonably be expected to interfere with the work of clinical laboratory personnel.
(b) Failing to abide by any ethics code provisions established by the board for clinical laboratory personnel in accordance with the committee’s recommendation and promulgated in accordance with the Administrative Procedure Act.
(c) Conviction of a crime, entry of a guilty plea, or entry of a plea of nolo contendere to a state or federal criminal charge constituting either a felony or a crime of sexual violence in accordance with any state or federal law.
(d) Failing to cooperate with the board, the committee, or both, providing false testimony before the board or the committee, or providing false sworn information to the board or the committee.
(e) Habitual or recurring abuse of drugs, alcohol, or mood-altering substances or those which affect the central nervous system or which are capable of inducing physiological or psychological dependence.
(f) An inability to practice within the licensee’s respective scope of practice in accordance with this Part with reasonable skill or safety due to mental illness or deficiency, including but not limited to deterioration through the aging process, the loss of motor skills, or excessive use or abuse of drugs, alcohol, or mood-altering substances or those which affect the central nervous system or which are capable of inducing physiological or psychological dependence.
B. The board, upon the recommendation of the committee, may reinstate any license or certificate suspended, probated, restricted, or revoked.
C. The board, upon the recommendation of the committee, or as a condition of the reinstatement of any license or certificate suspended, probated, restricted, or revoked, may require any licensee or certificate holder to pay all costs of the committee or board proceedings, including any investigator, clerical, or attorney’s fees.
D. The board’s final decision in an adjudication proceeding under this Section, other than by consent order, agreement, or other informal disposition, shall constitute a public record.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993; Acts 2022, No. 653, §1.