La. Admin. Code tit. 46 § LXXXVI-1720

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

Section LXXXVI-1720 - Records

A. The records of the committee regarding complaints are confidential except as provided herein.

1. All information concerning complaints against LRCs shall be confidential except that the committee may disclose such information when compelled by a validly issued subpoena or when otherwise required by law or valid court order. In addition, the committee may disclose to any appropriate organizations or individuals that an individual is under ethical investigation in cases deemed to be threats to the public welfare and only when to do so before final adjudication appears necessary to protect the public.

2. Nothing in this Section shall be construed to prevent the committee from communicating with the complainant, witnesses, potential members of fact-finding committees, or other sources of information necessary to enable the committee to carry out its investigative function.

B. Original copies of complaint records will be maintained in locked files at the board's administrative office or at an off-site location chosen by the board for a specified period of time listed below.

1. Confidential Permanent Files. Permanent files of the committee shall be confidential and shall be available only to those specifically authorized by the committee and by the chair of the board.

2. Files for Revocation. Files concerning an LRC whose license has been revoked shall be maintained indefinitely.

3. Files for Non-Violations. Except for those cases for insufficient evidence, personally identifiable information concerning an LRC who has been found not to have violated the Code of Professional Ethics for Licensed Rehabilitation Counselors shall be destroyed one year after the committee has closed the case.

4. Files for Insufficient Information. In cases where the committee has closed a case due to evidence insufficient to sustain a complaint of ethical violation, records containing personally identifiable information shall be maintained for five years after the committee has closed the case.

5. Files of Lesser Sanctions. In cases where the committee has found an ethical violation but where the sanction is less than revocation, records containing personally identifiable information shall be maintained for five years after the committee has closed the case.

6. Files after Death. All records containing personally identifiable information shall be destroyed one year after the commission is notified of the death of the LRC.

7. Records for Educational Purposes. Nothing in this Section shall preclude the committee from maintaining records in a form which prevents identification of the LRC so that it may be used for archival, educational, or other legitimate purposes.

C. Members of the committee will keep copies of complaint records confidential and will destroy copies of records on the sooner of the date of case closure under §1712. C 1, the date the time for appeal has expired, or the date the member is no longer a member of the committee.

La. Admin. Code tit. 46, § LXXXVI-1720

Promulgated by the Department of Health and Hospitals, Licensed Professional Vocational Rehabilitation Counselors Board of Examiners, LR 28:501 (March 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3441-3452 and 36:478.I.