Louisiana Revised Statutes 37:2804 – Powers and duties of board
Terms Used In Louisiana Revised Statutes 37:2804
- Arrest: Taking physical custody of a person by lawful authority.
- Board: means the Louisiana Board of Chiropractic Examiners. See Louisiana Revised Statutes 37:2801
- Conviction: A judgement of guilt against a criminal defendant.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. The board shall be the sole and exclusive authority in the state to issue a license to practice chiropractic and to administer the provisions of this Chapter. The board shall adopt rules and regulations necessary for its efficient operation in accordance with the provisions of the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq.
B. The board shall have authority to examine for, grant, deny, approve, revoke, suspend, and renew the license of a chiropractor and shall review applications for licenses at least once a year. It may conduct hearings on any charges for the revocation or suspension of a license. The board may refuse to give a practical examination and deny licensure to any person who violates the provisions of this Chapter.
C. The board is authorized to grant or deny certification of proficiency to any chiropractic assistant performing chiropractic x-ray functions.
D. The board shall adopt and promulgate rules and regulations in accordance with law providing for approval of educational training and other courses in x-ray function and safety for chiropractic assistants. However, the board shall not engage in the production of such courses.
E. The board shall initiate an action for the prosecution of any person who violates any provision of this Chapter and may apply to any court having jurisdiction for an injunction to restrain and enjoin any violation thereof. It shall keep a record of all proceedings relating thereto.
F. The board may employ an executive director, legal counsel, and a hearing officer as needed to carry out the provisions of this Chapter, if the fees of the counsel, the hearing officer, and the costs of all proceedings, except criminal prosecutions, are paid by the board out of the moneys credited to the board.
G. The board may establish a peer review committee and may establish and assess reasonable fees for the purpose of peer review. The board shall establish rules for peer review in accordance with the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq.
H. The board shall adopt and promulgate rules and regulations in accordance with law providing for approval of continuing education programs provided for in La. Rev. Stat. 37:2810. However, the board shall not engage in the production of such continuing education programs.
I. The board shall adopt and promulgate rules and regulations in accordance with law providing for registration and approval of chiropractic management consultants as provided for in this Chapter.
J. The board may enter into contracts and cooperative endeavors necessary for its efficient operation if the costs associated therewith are paid for by the board out of monies credited to the board.
K.(1) The board is authorized to select, lease, build, purchase, maintain, own, expand, and sell immovable property and improvements thereon as it may deem necessary or appropriate to accomplish the provisions of this Part. Any buildings so owned or so acquired shall be used by the board to house the offices of the board and to conduct the affairs of the board. The board is hereby authorized to expend the funds of the board for the purchase of land and improvements thereon. The board is further authorized to sell the land and improvements thereon in accordance with law. Revenue derived from the sale shall be retained by the board and shall not be subject to reversion to the state general fund.
(2) The board may lease or sell portions of the land and improvements under such terms and conditions which are in accordance with law. All revenue derived from such leases or sales shall be retained by the board and shall not be subject to reversion to the state general fund.
(3) Prior to the sale authorized by this Subsection, the commissioner of administration shall review the terms of the sale to ascertain that the sale amount constitutes fair market value or greater for the property.
(4) The board shall have the authority to borrow funds with the approval of the state bond commission and to expend funds of the board for the acquisition of immovable property and improvements thereon.
L.(1) The board may require a licensee or an applicant, as a condition of licensure to:
(a) Submit a full set of fingerprints, in a form and manner prescribed by the board.
(b) Permit the board to request and obtain state and national criminal history record information on the licensee or applicant. The Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections shall, upon request and after receipt of fingerprint cards or other identifying information from the board, make available to the board all arrest and conviction information contained in the bureau’s criminal history record and identification files, which pertain to a licensee or an applicant for licensure. In addition, the fingerprints shall be forwarded by the bureau to the Federal Bureau of Investigation for a national criminal history record check.
(2) The board shall treat and maintain a licensee’s or an applicant’s fingerprints and any criminal history record information obtained pursuant to this Subsection as confidential and shall not transmit or otherwise share such information with any other party. The board shall apply security measures consistent with the criminal justice information services division of the Federal Bureau of Investigation standards for the electronic storage of fingerprints and necessary identifying information and limit the use of records solely to the purposes authorized by this Subsection.
Acts 1974, No. 39, §1; Acts 1975, No. 268, §2. Acts 1984, No. 249, §1; Acts 1987, No. 636, §1; Acts 1989, No. 679, §1; Acts 1990, No. 241, §1; Acts 1991, No. 1047, §1; Acts 2001, No. 375, §2; Acts 2010, No. 68, §1; Acts 2012, No. 565, §1.