La. Admin. Code tit. 46 § XLV-2919

Current through Register Vol. 50, No. 9, September 20, 2024

Section XLV-2919 - Causes for Nonissuance, Suspension, Revocation; or Restrictions ; Fines ; Reinstatement

A. The board may refuse to issue, or may suspend, revoke, or impose probationary or other restrictions on, any certificate issued under this Chapter for the following causes:

1. conviction of a crime or entry of a plea of guilty or nolo contendere to a criminal charge;

2. fraud, deceit, or perjury in obtaining any certificate issued under this Chapter;

3. providing false testimony before the board;

4. habitual or recurring drunkenness;

5. habitual or recurring use of morphine, opium, cocaine, drugs having a similar effect, or other substances which may induce physiological or psychological dependence;

6. aiding, abetting, or assisting any physician in any act or course of conduct enumerated in R.S. 37:1285;

7. efforts to deceive or defraud the public;

8. incompetency;

9. immoral conduct in exercising the privileges provided for by certification under this part;

10. persistent violation of federal or state laws relative to control of social diseases;

11. interdiction or commitment by due process of law;

12. inability to perform or function as a private radiologic technologist with reasonable skill or safety to patients because of mental illness or deficiency, physical illness, including but not limited to deterioration through the aging process or loss of motor skills, and/or excessive use or abuse of drugs, including alcohol;

13. refusing to submit to the examination and inquiry of an examining committee of physicians appointed or designated by the board to inquire into the private radiologic technologist's physical and mental fitness and ability to perform diagnostic or therapeutic radiological examinations or treatments or both with reasonable skill and safety;

14. violation of any provision of this Chapter, or of any rules and regulations of the board or statute pertaining to private radiologic technologists;

15. misuse of any radiological equipment or materials;

16. violation of any federal or state regulation controlling the use or application of radiological materials or ionizing radiation, including, but not limited to, those regulations promulgated by the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration, and the Louisiana Department of Environmental Quality.

B. The board may, as a probationary condition, or as a condition of the reinstatement of any certificate suspended or revoked hereunder, require the private radiologic technologist and/or the supervising physician to pay all costs of the board proceedings, including investigators', stenographers', and attorneys' fees, and to pay a fine not to exceed the sum of $5,000.

C. Any certificate suspended, revoked, or otherwise restricted by the board may be reinstated by the board.

La. Admin. Code tit. 46, § XLV-2919

Promulgated by the Department of Health and Human Resources, Board of Medical Examiners, LR 13:576 (October 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(B)(6) and 37:1292.