La. Admin. Code tit. 48 § V-8043

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

Section V-8043 - Ethics, Standards of Professional Conduct and Conflict of Interest

A. Professional standards apply to every employee of the department including laboratory assessors, whether a government employee or an employee of a third party organization conducting assessments under an agreement with the department or other certification body.

1. Department employees, including assessors that knowingly engage in unprofessional activity, may be liable for punitive actions as initiated by the department. Standards for professional conduct outlined herein are based upon 5 CFR 2635, January 1, 2019 edition, (Standards of Ethical Conduct for Employees of the Executive Branch) and will be followed in all laboratory certification related matters. Additionally, conformance with the Louisiana Code of Governmental Ethics, R.S. 42:1101 et seq., is required.

2. All employees including assessors representing the department shall:

a. have no interest at play other than that of the department during the entire certification process;

b. act impartially and not give preferential treatment to any organization or individual;

c. provide equal treatment to all persons and organizations regardless of race, color, religion, sex, national origin, age and/or disability;

d. not use their position for private gain;

e. not solicit or accept any gift or other item of monetary value from any laboratory, laboratory representative or any other affected individual or organization doing business with, or affected by, the actions of the assessor's employer or the department;

f. not hold financial interests that conflict with the conscientious performance of their duties;

g. not engage in financial transactions using information gained through their positions as assessors to further any private interest;

h. not engage in employment activities (seeking or negotiating for employment) or attempt to arrange contractual agreements with a laboratory that would conflict with their duties and responsibilities as an assessor;

i. not knowingly make unauthorized commitments or promises of any kind purporting to bind the department; and

j. attempt to avoid any actions that could create even the appearance that they are violating any of the standards of professional conduct outlined in this Section.

3. It is the individual's responsibility to report to the department any personal issues or activities that constitute a conflict of interest before an assessment occurs. It is up to the department to determine if the reported issues and activities regarding a specific assessor constitute, or may be construed as, a conflict of interest. The department's laboratory director, or assistant laboratory director, shall contact the Bureau of Legal Services within the Department of Health (LDH) for guidance and assistance in deciding a conflict of interest case and the course of action the department should take.

La. Admin. Code tit. 48, § V-8043

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 38:3223 (December 2012), Amended by the Department of Health, Office of Public Health, LR 461096 (8/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254(B)(7).