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Rs 29:788 Provision Of Volunteer Health Services; Administrative Sanctions

§788. Provision of volunteer health services; administrative sanctions

A. Subject to Subsections B and C of this Section, a volunteer health practitioner

shall adhere to the scope of practice for a similarly licensed practitioner established by the

licensing provisions, practice acts, or other laws of this state.

B. Except as otherwise provided in Subsection C of this Section, this Chapter does

not authorize a volunteer health practitioner to provide services that are outside the

practitioner's scope of practice, even if a similarly licensed practitioner in this state would

be permitted to provide the services.

C. The Louisiana Department of Health, or a state licensing authority may modify

or restrict the health services that volunteer health practitioners may provide pursuant to this

Chapter. An order under this Subsection may take effect immediately, without prior notice

or comment, and is not a rule within the meaning of R.S. 49:950 et seq.

D. A host entity may restrict the health services that a volunteer health practitioner

may provide pursuant to this Chapter.

E. A volunteer health practitioner shall not be deemed to engage in unauthorized

practice unless the practitioner has reason to know of any limitation, modification, or

restriction under this Section or that a similarly licensed practitioner in this state would not

be permitted to provide the services. A volunteer health practitioner shall be deemed to

know of a limitation, modification, or restriction or that a similarly licensed practitioner in

this state would not be permitted to provide a service if either of the following conditions is

met:

(1) The practitioner knows the limitation, modification, or restriction exists or that

a similarly licensed practitioner in this state would not be permitted to provide the service.

(2) From all the facts and circumstances known to the practitioner at the relevant

time, a reasonable person would conclude that the limitation, modification, or restriction

exists or that a similarly licensed practitioner in this state would not be permitted to provide

the service.

F. In addition to the authority granted by the laws of this state other than this Chapter

to regulate the conduct of health practitioners, a state licensing authority for due cause under

its applicable laws and rules:

(1) May impose administrative sanctions upon a health practitioner licensed in this

state for conduct outside of this state in response to an out-of-state emergency.

(2) May impose administrative sanctions upon a practitioner not licensed in this state

for conduct in this state in response to an in-state emergency.

(3) Shall report any administrative sanctions imposed upon a practitioner licensed

in another state to the appropriate licensing board or other disciplinary authority in any other

state in which the practitioner is known to be licensed.

G. In determining whether to impose administrative sanctions under Subsection F

of this Section, a state licensing authority shall consider the circumstances in which the

conduct took place, including any exigent circumstances, and the practitioner's scope of

practice, education, training, experience, and specialized skill.

H. Administrative sanctions may be determined and ordered by the president of a

state licensing authority or by his designee.

I. Administrative sanctions may include but are not limited to the restriction,

suspension, or revocation of authority to provide health services in this state.

J. Any administrative sanction imposed on the authority of a health practitioner to

practice during a declared emergency under the provisions of this Chapter shall be carried

out as provided in this Subsection.

(1) Registration to provide health services in this state during a declared emergency

shall constitute and operate as an authorization and consent by a volunteer health practitioner

to the following:

(i) Submission to the jurisdiction of the state licensing authority in all matters set

forth in its practice act, rules and all applicable laws of this state.

(ii) To produce documents, records, and materials and appear before the state

licensing authority or its designee upon request.

(iii) Immediately restrict or cease, desist, and withdraw from providing health

services in this state upon notification by the state licensing authority of a restriction,

suspension, or revocation of authority to provide such services.

(iv) Designate and appoint the voluntary health practitioner registration system

providing notice of registration to the state licensing authority, or a host entity, hospital, or

affiliate for or at which he or she may be providing services, to receive any notice of

administrative sanction provided by a state licensing authority under the provisions of this

Chapter or otherwise.

(2) Any notice under this Chapter, to be effective, may be provided orally, in writing,

electronically, or by any other means practical under the circumstances, to either the health

practitioner, volunteer health practitioner registration system providing notification of

registration to the state licensing authority, a host entity, or a hospital or affiliate for or at

which the health practitioner may be providing services.

(3) All rights to a hearing on administrative sanctions imposed by a state licensing

authority shall be held in abeyance until no less than thirty days after the termination of the

declared emergency.

(4) A health practitioner may request an explanation for administrative sanctions on

his or her authority to practice or a hearing by the state licensing authority or both, following

termination of the emergency declaration, or as otherwise may be provided by applicable

emergency orders.

(5) In the event a hearing is not requested within sixty days following the date of

termination of the emergency declaration, or as otherwise may be provided by applicable

emergency orders, administrative sanctions imposed by the state licensing authority shall be

deemed to constitute a final order or decision of such licensing authority.

Acts 2009, No. 397, §1.

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Local Government
Louisiana
5
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
practitioner
health
authority
licensing
sanction
service
administrative
services
sanctions
volunteer