La. Admin. Code tit. 46 § XLIV-5501

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

Section XLIV-5501 - Guidelines for Disciplinary Actions

A. When the board finds that an applicant or licensee whom it regulates has committed any of the prohibited acts set forth in the statutes or rules, the board may impose appropriate penalties within the ranges recommended in the following disciplinary guidelines.

B. Penalties imposed by the board pursuant to this Section may be imposed in combination or individually, and are as follows:

1. refusal to license an applicant; revocation or suspension of license;

2. issuance of a reprimand or censure;

3. imposition of an administrative fine not to exceed $1,000 for each count or separate offense.

C. The provisions of this Section are not intended and shall not be construed to limit the ability of the board to informally dispose of disciplinary actions by agreement.

D. The provisions of this Section are not intended and shall not be construed to limit the ability of the board to pursue collateral, civil or criminal actions when appropriate.

E. In determining whether an applicant who has a criminal history should be permitted to apply to be licensed or renew a license, the complaint investigation officer (CIO), designated under §5901 of this Part, shall be authorized to make an initial decision as to whether a conviction of a non-violent crime by an applicant, which conviction is less than five years old, is sufficiently related to the practice of massage therapy so as to require the application or renewal to be presented to the board for approval. If the CIO makes a determination that the criminal activity involved is clearly not related to the ability to engage in the practice of massage therapy, the CIO may approve the applicant to continue with the application or renewal process. The CIO shall submit a report to the board as to those applicants who have been approved under this procedure.

La. Admin. Code tit. 46, § XLIV-5501

Promulgated by the Department of Health and Hospitals, Board of Massage Therapy, LR 20:1002 (September 1994), repromulgated LR 20:1111 (October 1994), amended LR 32:1238 (July 2006), LR 39:1775 (July 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3551 et seq., and R.S. 37:3555 et seq.