Louisiana Revised Statutes 37:2405 – Powers and duties of the board; limitation
Terms Used In Louisiana Revised Statutes 37:2405
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Physical therapist: includes equally physiotherapist, physical therapist, and P. See Louisiana Revised Statutes 37:2407
- Physical therapist assistant: includes equally physical therapist assistant, physiotherapist assistant, and P. See Louisiana Revised Statutes 37:2407
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. The responsibility for enforcement of the provisions of this Chapter is hereby vested in the board, which shall have all the powers, duties, and authority specifically granted by or necessary for the enforcement of this Chapter, including:
(1) Establishing rules and procedures for granting licenses, and the requirements therefor, to persons governed by this Chapter, including imposing limitations as to the number of times an examination may be taken and the conditions upon which reexamination may be had, which conditions shall be determined by the board.
(2) Issuing licenses to those possessing the necessary qualifications therefor, and taking appropriate administrative action to regulate the practice of physical therapy in the state.
(3) Adopting a seal which shall be affixed to all licenses.
(4) Adopting rules necessary for the efficient operation of the board in accordance with the provisions of the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq.
(5) Keeping a record of all meetings of the board.
(6) Publishing and making available a register of all persons licensed under this Chapter, including the name and current address of each licensee.
(7) Updating its records annually.
(8) Establishing by rule the standards of practice.
(9)(a) Reporting annually to the governor and to the presiding officer of each house of the legislature on the condition of the practice of physical therapy in the state, making recommendations for improvement of the practice of physical therapy or the operation of the board, and submitting a record of the proceedings of the board during the year, together with the names of all physical therapists and physical therapist assistants to whom the board issued licenses during the year.
(b) The report shall also include the number of complaints received by the Physical Therapy Board regarding allegations of professional sexual misconduct and the status of each complaint.
B. The board may:
(1) Authorize any member of the board to make any affidavit necessary for the issuance of any injunction or other legal process authorized under this Chapter.
(2) Employ counsel to carry out the provisions of this Chapter, if the fees of the counsel and the costs of all proceedings, except criminal prosecutions, are paid by the board out of its own funds.
(3) Employ inspectors, special agents, and investigators.
(4) Issue subpoenas to require attendance, testimony, and the production of documents to enforce the laws and rules relative to the practice of physical therapy and to secure evidence of violations thereof.
(5) Employ an executive director and necessary clerical assistance to carry out the administrative work of the board, fix the compensation thereof, and incur other necessary expenses.
(6) Administer oaths in the taking of testimony upon any matters appertaining to the duties of the board.
(7) Establish requirements for continuing education by licensees and continuing education course review and approval as the board deems appropriate.
(8) Seek injunctive relief to prohibit any person from practicing physical therapy as defined in this Chapter without being licensed as provided herein.
(9) Issue cease and desist orders to licensees and other persons or entities who are engaged in any activity, conduct, or practice constituting a violation of any provision of this Chapter or board rule. As to licensees, in addition to the injunctive relief provided for in this Chapter, the failure to comply with a cease and desist order may also be made the basis of disciplinary action.
(10) Conduct disciplinary proceedings pursuant to the provisions of the Administrative Procedure Act and impose sanctions on the practice of licensees who have violated this Chapter, the rules of the board, or standards of practice. Sanctions may be imposed by means of voluntary consent orders or by decisions of the board.
(11) Require that all costs of board proceedings relating to a specific disciplinary case, including the members’ per diem and expenses, the cost of investigators, stenographers, attorney fees, and other reasonably associated costs be reimbursed to the board as a part of a consent order or board decision in that proceeding.
(12) Adopt by rule a Patients’ Bill of Rights.
(13) Appoint licensees or members of the public as Advisory Committee members or to other committees which may be deemed useful in meeting the responsibilities of the board.
(14) Adopt by reference all or part of the following codes, guides, and standards of the American Physical Therapy Association: Code of Ethics, Guide for Professional Conduct, Standards of Ethical Conduct for the Physical Therapist Assistant, and Guide for Conduct of the Physical Therapist Assistant, except when such are in conflict with this Chapter or the rules of the board.
(15) Determine and collect, at the time of new licensure and licensure renewal, a core set of data elements deemed necessary for the purpose of workforce planning. The data elements shall be used to create and maintain a healthcare workforce database. The board may enter into agreements with a private or public entity to establish and maintain the database, perform data analysis, and prepare reports concerning the physical therapy workforce. The board shall promulgate rules to perform duties pursuant to this Paragraph.
C. The board shall not have authority to expand the practice of physical therapy.
D. The board shall:
(1) Submit to a review of its disciplinary process and procedures by the state inspector general or by an independent qualified external auditor recommended by the state inspector general at least every five years.
(2) Require training of all board members and staff members in effective communication with complainants, particularly members of vulnerable populations who allege mistreatment by licensees.
Added by Acts 1966, No. 68, §1. Acts 1983, No. 555, §1; Acts 1992, No. 731, §1; Acts 2009, No. 535, §4, eff. Jan. 1, 2010; Acts 2019, No. 313, §1.