Louisiana Revised Statutes 37:1360.109 – Unlawful practice; injunctive relief; penalty
Terms Used In Louisiana Revised Statutes 37:1360.109
- Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:1360.101
- Conviction: A judgement of guilt against a criminal defendant.
- Genetic counseling: means any of the following actions by a genetic counselor that occur through and as a result of communication between the genetic counselor and a patient:
(a) Obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his offspring, and other family members. See Louisiana Revised Statutes 37:1360.101
- Genetic counselor: means an individual who is licensed pursuant to this Part to provide genetic counseling. See Louisiana Revised Statutes 37:1360.101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. An individual who does not have a valid license or temporary license as a genetic counselor issued in accordance with this Part may not use the title “genetic counselor”, “licensed genetic counselor”, or any word, letter, abbreviation, or insignia that indicates or implies that he has been issued a license or has met the qualifications for licensure established by this Part.
B.(1) If the board believes that a person has engaged in or is going to engage in an act or practice that constitutes or will constitute a violation of this Section, the board may apply to a district court of appropriate jurisdiction for an order enjoining the act or practice.
(2) If the board determines that a person has engaged in or is going to engage in an act or practice that constitutes or will constitute a violation of this Section, a district court of appropriate jurisdiction may grant an injunction, a restraining order, or another appropriate order relative to the prohibited act or practice.
C. Any person who violates this Section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars for the first offense and two thousand dollars for each subsequent offense. In addition to any other penalty imposed for a violation of this Section, the board may petition a district court of appropriate jurisdiction to enjoin the person who violates this Section from practicing genetic counseling.
Acts 2018, No. 593, §1.