Louisiana § RS 37:2420 - Disciplinary actions

§ RS 37:2420. Disciplinary actions

A.  After due notice and hearing, the board may refuse to license any applicant, or may refuse to renew the license of any person, or may restrict, suspend, or revoke any license upon proof that the person has:

(1)  Practiced physical therapy in violation of the provisions of this Chapter, the rules of the board, or standards of practice.

(2)  Attempted to or obtained a license by fraud or misrepresentation.

(3)  Committed repeated acts of negligence or incompetence in the practice of physical therapy.

(4)  Been convicted of a felony in the courts of any state, district, territory, or country.  Conviction, as used in this Paragraph, shall include a plea or verdict of guilty, an admission or finding of guilt, or a plea of nolo contendere.

(5)  Been habitually intemperate or abused controlled dangerous substances as defined by federal or Louisiana law.

(6)  Had his license to practice physical therapy revoked or suspended, or has had other disciplinary action taken against him, or has had his application for a license refused, revoked, or suspended by the authorities of another state, district, territory, or country.

(7)  Been found guilty of unprofessional conduct or sexual misconduct, including but not limited to departure from, or failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice, in which proceeding actual injury to a patient need not be established.

(8)  Engaged directly or indirectly in the division, transferring, assigning, rebating, or refunding of fees received for professional service with a referring practitioner or any relative or business associate of that referring practitioner.  However, nothing in this Paragraph shall be construed as prohibiting the members of any properly organized business entity recognized by law and comprised of physical therapists from dividing that amount of fees received for professional services among themselves as they determine by contract necessary to defray their joint operating expenses.

B.  Any action of the board taken under this Section shall be subject to notice requirements and hearing, adjudication, and appeal proceedings in accordance with the rules adopted by the board and the Administrative Procedure Act.

C.  Refusal to grant a license for failure to pass the licensing examination required by the board shall not require notice and a hearing.

Acts 1993, No. 580, §1; Acts 2009, No. 535, §4, eff. Jan. 1, 2010.