La. Admin. Code tit. 46 § LX-1305

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

Section LX-1305 - Initiation of Complaints

A. Complaints may be initiated by any person or by the board on its own initiative.

B. All complaints shall be addressed confidential to the Ad Hoc Committee for Disciplinary Affairs of the board and shall be sent to the board office. The Ad Hoc Committee for Disciplinary Affairs shall recommend to the board to investigate the charges or dismiss the charges. By majority vote, the board shall accept or reject the recommendations of the Ad Hoc Committee for Disciplinary Affairs. If the board elects to dismiss allegations, the chair of the board shall request the Ad Hoc Committee for Disciplinary Affairs to prepare the letters of dismissal. If the board agrees to investigate, the board shall request the Ad Hoc Committee for Disciplinary Affairs to notify the person against whom allegations have been made of a possible breach of statute, rule and regulation, ethical code, and/or prior final decisions or consent orders may have been made and that a response in writing to the board within a specified time period is required. A response is to be made to the Ad Hoc Committee for Disciplinary Affairs of the board at the board office address. The complaint letter of alleged violations shall not be given initially to the person. However, sufficiently specific allegations shall be conveyed to the person for response. Once the person has answered the complaint, a determination will be made if a disciplinary proceeding is required.

C. Pursuant to its authority to regulate this industry, the board through its Ad Hoc Committee on Disciplinary Affairs, may conduct investigations into alleged violations by a licensed professional counselor, provisional licensed professional counselor, or applicant of this Chapter or rules and regulations promulgated pursuant thereto, may issue subpoenas to secure evidence of alleged violations of the Louisiana Mental Health Counselor Licensing Act, any of the rules and regulations promulgated by the board, the Code of Ethics of the American Counseling Association, or prior final decisions and/or consent orders involving the licensed professional counselor, provisional licensed professional counselor, or applicant for licensure. The confidential or privileged records of a patient or client which are subpoenaed are to be sanitized by the custodian of such records so as to maintain the anonymity of the patient or client.

La. Admin. Code tit. 46, § LX-1305

Promulgated by the Department of Health and Hospitals, Licensed Professional Counselors Board of Examiners, LR 25:260 (February 1999), amended LR 26:496 (March 2000), LR 29:138 (February 2003), LR 39:1791 (July 2013), LR 41724 (4/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1101-1123.