§3712. Denial, revocation, or suspension of license or state certificate

A. A licensed behavior analyst and anyone under the supervision of a licensed behavior analyst shall conduct his activities in conformity with ethical and professional standards promulgated by the board under its current rules and regulations.

B. The board shall have the power and duty to suspend, place on probation, require remediation for a specified time, revoke any license or state certificate to practice behavior analysis, or take any other action specified in the rules and regulations whenever the board, by affirmative vote of at least four of its five members, shall find by a preponderance of the evidence that a behavior analyst or assistant behavior analyst has engaged in any of the following acts or offenses:

(1) Fraud or deception in applying for or procuring a license or a state certificate to practice behavior analysis.

(2) Practicing behavior analysis in such a manner as to endanger the welfare of clients or patients, including but not limited to:

(a) Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient.

(b) Engaging in sexual intercourse or other sexual contact with a client or patient.

(c) Gross malpractice, repeated malpractice, or gross negligence in the practice of behavior analysis.

(3) Conviction of a felony. A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence.

(4) Conviction of any crime or offense which reflects the inability of the practitioner to practice behavior analysis with due regard for the health and safety of clients or patients.

(5) Use of repeated untruthful, deceptive, or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment, including functioning outside of one's professional competence established by education, training, and experience.

(6) Aiding or abetting the practice of behavior analysis by any person not licensed, state certified, or registered with the board and in violation of this Chapter.

(7) Conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any third-party payor. A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence.

(8) Exercising undue influence in such a manner as to exploit the client or patient for financial or other personal advantage to the practitioner or a third party.

(9) The suspension or revocation by another state of a license or certificate to practice behavior analysis. A certified copy of the record of suspension or revocation of the state making such a suspension or revocation shall be conclusive evidence thereof.

(10) Refusal to appear before the board after having been ordered to do so in writing by a duly authorized agent of the board.

(11) Making any fraudulent or untrue statement to the board.

(12) Violation of the code of ethics adopted in the rules and regulations of the board or other immoral, unprofessional, or dishonorable conduct as defined in the rules and regulations of the board.

(13) Inability to practice behavior analysis with reasonable skill and safety to patients or clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.

(14) Failure to report the physical, mental, or sexual abuse of a child to a law enforcement agency or district attorney.

(15) Violation of any of the provisions of this Chapter or of the rules and regulations promulgated by the board.

C. Proceedings for disciplinary action or for the denial or withholding of a license or state certificate under the authority of this Section shall be conducted in compliance with the Administrative Procedure Act. The board may require a person against whom disciplinary action has been taken by the board after the hearing to pay reasonable costs of the proceedings incurred by the board for the hearing and any judicial review, including attorney, stenographer, and witness fees. These costs shall be paid no later than thirty days after the adjudication by the board becomes final. No license shall be issued, reinstated, or renewed until such costs have been paid.

D. The board may deny or withhold for a specified time not to exceed two years the granting of a license or a state certificate to any applicant or candidate who has committed any of the acts or offenses set forth in Subsection B of this Section.

E. Suspension by the board of the license of a behavior analyst or the state certificate of an assistant behavior analyst shall be for a period not exceeding two years.

F. A person who has been refused a license or state certificate, or whose license or state certificate has been revoked, under the provisions of this Section, may reapply for licensure or state certification after more than two years have elapsed from the date such denial or revocation is legally effective.

G. The board shall notify all licensed behavior analysts, state-certified assistant behavior analysts, and registered line technicians of any disciplinary action taken against a licensed behavior analyst, a state-certified assistant behavior analyst, or a registered line technician.

Acts 2013, No. 351, §2.

NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.