La. Admin. Code tit. 46 § LIV-381

Current through Register Vol. 50, No. 11, November 20, 2024

Section LIV-381 - Disposition of Complaints [Formerly Sections 333 and 335]

A. Some complaints may be settled informally by the board and the Respondent without a formal hearing. The following types of informal dispositions may be utilized:

1. Disposition by Correspondence. For less serious complaints, the executive director or legal counsel may write to the Respondent explaining the nature of the complaint received. If the Respondent's subsequent response satisfactorily explains the situation, the matter may be dropped. If the situation is not satisfactorily explained, it may be scheduled for an Informal Conference.

2. Informal Conference. An Investigative Committee of the board may conduct an Informal Conference with the Respondent. The Respondent shall be given reasonable notice to participate in the Informal Conference and provided with a description of the issues to be discussed, the possible violations of law or rules and whether admissions by Respondent in the Informal Conference may later be used in a formal hearing.

3.letter of concern, as defined in §123;

4. consent order. If the respondent and the board member participating in the Investigative Committee agree on the essential facts and law arising out of the complaint and on sanctions to be imposed on the respondent, the complaint may be resolved by a consent order to be presented by the participating board member or by board legal counsel for approval, amendment or rejection. If accepted by the board and the respondent, the consent order shall be finalized as a board order and shall be reported to the NPDB and published as a disciplinary action of the board;

5. dismissal:

a. a complaint may be dismissed for the following reasons:

i. the absence of adequate, credible evidence; or

ii. other reasons which the Investigative Committee believes are justification for dismissal;

b. when it is the decision of the Investigative Committee to dismiss a complaint, the complainant shall be provided with a letter explanation for dismissal of the complaint;

6. education. After review and investigation of a complaint, the Investigative Committee may require the licensee to participate in an educational meeting with the Investigative Committee, or other persons as delegated by the Investigative Committee, to discuss the laws and rules as they apply to the practice of physical therapy. Request for an educational meeting shall be in writing and shall provide the date, time, location, and matters to be discussed. This meeting shall be confidential and shall not be reported to the NPDB nor published as a disciplinary action of the board. Failure to comply with the request for an educational meeting shall be deemed a failure to cooperate with the board in violation of §383 A

B. An Agreement reached between a complainant and a Respondent shall not preclude disciplinary action by the board on the issues raised in the complaint brought to the board.

La. Admin. Code tit. 46, § LIV-381

Promulgated by the Department of Health and Human Resources, Board of Physical Therapy Examiners, LR 15:390, 391 (May 1989), LR 19:208 (February 1993), amended by the Physical Therapy Board, LR 37:3059 (October 2011), Amended by the Department of Health, Physical Therapy Board, LR 442188 (12/1/2018).

This Section was amended utilizing information from the Sections enumerated. The Historical Note reflects prior action for those enumerated Sections. A comprehensive revision of the Louisiana Physical Therapy Board book (LAC 46:LIV) was effective via the boards October 2011 Rule in the Louisiana Register.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2420 and Act 535 of 2009.