Louisiana Revised Statutes 37:3308.1 – Causes for denial, revocation, or suspension; imposition of restrictions; costs; fines
Terms Used In Louisiana Revised Statutes 37:3308.1
- Athletic trainer: means an individual licensed by the board as an athletic trainer with the specific qualifications set forth in Louisiana Revised Statutes 37:3302
- Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:3302
- BOC: means the Board of Certification, Inc. See Louisiana Revised Statutes 37:3302
- Conviction: A judgement of guilt against a criminal 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.
- Fraud: Intentional deception resulting in injury to another.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. The board may refuse to issue a license to an applicant or may suspend, or revoke or impose probationary terms, conditions, or restrictions on any license issued pursuant to this Chapter if any of the following is applicable to the licensee or applicant:
(1) Has been convicted of or entered a plea of guilty or nolo contendere to a criminal charge constituting a felony under the laws of Louisiana, of the United States, or of the state in which such conviction or plea was entered.
(2) Has been convicted of or entered a plea of guilty or nolo contendere to any criminal charge arising out of or in connection with the practice of an athletic trainer.
(3) Commits perjury, fraud, deceit, misrepresentation, or concealment of material facts in obtaining a license to practice as an athletic trainer.
(4) Provides false testimony before the board or provides false sworn information to the board.
(5) Engages in habitual or recurring abuse of drugs, including alcohol, which affect the central nervous system and which are capable of inducing physiological or psychological dependence.
(6) Solicits patients or self-promotion through advertising or communication, public or private, which is fraudulent, false, deceptive, or misleading.
(7) Makes or submits false, deceptive, or unfounded claims, reports, or opinions to any patient, insurance company, indemnity association, company, individual, or governmental authority for the purpose of obtaining anything of economic value.
(8) Demonstrates cognitive or clinical incompetency.
(9) Engages in unprofessional conduct.
(10) Engages in continuing or recurring practice which fails to satisfy the prevailing and usually accepted standards of practice as an athletic trainer in this state.
(11) Knowingly performs any act which in any way assists an unlicensed person to practice as an athletic trainer, or having professional connection with or lending one’s name to an illegal practitioner.
(12) Pays or gives anything of economic value to another person, firm, or corporation to induce the referral of injured athletes to an athletic trainer.
(13) Has been interdicted by due process of law.
(14) Is unable to practice as an athletic trainer with reasonable competence, skill, or safety to patients because of mental or physical illness, condition, or deficiency, including but not limited to deterioration through the aging process or excessive use or abuse of drugs, including alcohol.
(15) Refuses to submit to an examination and inquiry by an examining committee of physicians appointed by the board to inquire into the applicant’s or licensee’s physical or mental fitness and ability to practice as an athletic trainer with reasonable skill or safety.
(16) Practices or otherwise engages in any conduct or functions beyond the scope of practice of an athletic trainer as defined by this Chapter or the board’s rules.
(17) Has been subjected to the refusal of the licensing authority or another state to issue or renew a license, permit, or certificate to practice as an athletic trainer in that state, or the revocation, suspension, or other restriction imposed on a license, permit, or certificate issued by such licensing authority which prevents, restricts, or conditions practice, or the surrender of a license, permit, or certificate issued by another state when criminal or administrative charges are pending or threatened against the holder of such license, permit, or certificate.
(18) Has been subjected to denial, revocation, suspension, probation, or other disciplinary sanction from the BOC or its successor for violation of the standards of professional practice.
(19) Violated any rules and regulations of the board, or any provisions of this Chapter.
B. The board may, as part of a decision, consent order, or other agreed order, require the applicant or license holder to pay all costs of the board’s proceedings and a fine not to exceed one thousand dollars.
Acts 2014, No. 418, §1.