La. Admin. Code tit. 46 § XXXV-1701

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

Section XXXV-1701 - Due Process Procedure for Ethics Violations

A. Unethical conduct shall be determined on the basis of the provisions of the rules and regulations of the State Board of Electrolysis Examiners, Ethical Standards of Electrologists, and other provisions included in the R.S. 37:3051-3077, specifically if an electrologist:

1. has been convicted of a felony or any offense involving moral turpitude; or including mind or mood altering drugs or substances;

2. is using any narcotic or any alcoholic beverage, to an extent or in a manner dangerous to himself, or any other person, or the public, or to an extent that such use impairs his ability to perform the work of a professional electrologist with safety for the public welfare; or

3. has impersonated another person holding a license as an electrologist or allowed another person to use his license; or

4. has used fraud or deception in applying for a license or in taking an examination provided for in the Act; or

5. has accepted commissions or rebates or other forms of remuneration for referring clients to other persons; or

6. has allowed his name or license issued under the Act to be used in connection with any person or persons who perform electrolysis services outside of the area of their training, experience, or competence; or

7. has willfully or negligently violated any of the provisions of the Act by licensed electrologists.

Note: The board will answer complaints regarding the ethical practices of non-licensed persons by making referrals elsewhere when appropriate; agencies, private legal counsel, or the district attorney of the appropriate judicial district.

B. Complaints may be initiated by any citizen of the state, another licensed electrologist or by the board on its own initiative.

C. The board may issue a declaratory statement in response to a request for clarification of the effect of rules and regulations of R.S. 37:2801 et seq.

1. A request for a declaratory statement is made in the form of a petition to the board. The petition should include at least:

a. the name, current address and telephone number of the petitioner;

b. specific reference to statute or rules and regulations to which the petition relates; and

c. a concise statement of the manner in which the petitioner is aggrieved by the rules or statute or by its potential application to him, or in which he is uncertain of its effect.

2. Said petition shall be considered by the board at its next regularly scheduled meeting provided that the petition has been filed at least 20 days prior to said meeting; and

3. The declaratory statement of the board on said petition shall be in writing and be mailed to petitioner at the last address furnished to the board.

La. Admin. Code tit. 46, § XXXV-1701

Promulgated by the Department of Health and Hospitals, Board of Electrolysis Examiners, LR 17:778 (August 1991), repromulgated LR 19:1144 (September 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3051.