Louisiana Revised Statutes 37:2510 – Disciplinary proceedings
Terms Used In Louisiana Revised Statutes 37:2510
- Board: means the Board of Examiners of Nursing Facility Administrators. See Louisiana Revised Statutes 37:2501
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
- 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.
- 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.
- Nursing facility administrator: means any individual who is or may be charged with the general administration of a nursing facility and who has been licensed and registered by the board in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 37:2501
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Temporary nursing facility administrator: means an individual who has not been granted a regular license as a nursing facility administrator, but is issued a temporary license for a specified period of time subject to regulations established by the board. See Louisiana Revised Statutes 37:2501
A. The license of any nursing facility administrator or the license of a temporary nursing facility administrator, may be revoked or suspended, or such licensee may be reprimanded, censured, or otherwise disciplined in accordance with the provisions of this Section and pursuant to the rules and regulations of the board.
B. The board shall have jurisdiction to hear all charges brought under the provisions of this Section against persons licensed and registered as nursing facility administrators, or licensed as temporary nursing facility administrators and upon such hearings shall determine such charges upon their merits. If the board determines that such person is guilty of the charges, the board may revoke the license or suspend from practice, or reprimand, censure, or otherwise discipline such licensee.
C. Proceedings under this Section shall begin by the filing of a complaint with the board. Such complaint may be preferred by any person, corporation, association, or by the board*. If indicated, the board shall initiate an investigation of such charges and, if indicated, may designate a hearing committee, or other qualified person as a hearing officer, to hear the charges and to report to the board thereon.
D. At such hearing the licensee shall have the right to appear either personally or by counsel or both, to produce witnesses and evidence, to cross-examine witnesses, and to have subpoenas issued by the hearing committee or the hearing officer. The hearing committee or the hearing officer shall make a written report to the board of the findings and recommendations which shall be considered by the board in arriving at its determination.
E. Members of the hearing committee or the hearing officer shall exercise any of the powers provided herein as may be necessary for the proper conduct of the hearing.
Added by Acts 1969, No. 131, §10; Acts 1985, No. 933, §1; Acts 1992, No. 241, §1, eff. June 10, 1992; Acts 1999, No. 546, §1, eff. July 1, 1999; Acts 2003, No. 210, §1.
*As appears in enrolled bill.