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LA Chiro Juris: Louisiana Board of Chiropractic Examiners: Organization, Powers, and Administrative Procedures

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Louisiana Board of Chiropractic Examiners: Organization, Powers, and Administrative Procedures

Louisiana Board of Chiropractic Examiners: Organization, Powers, and Administrative Procedures

The Board is the statutory licensing and disciplinary body for chiropractic in Louisiana. Its authority is quasi-legislative (adopting rules) and quasi-judicial (hearing and deciding charges).

Powers

Examine and license applicants; adopt rules under the Louisiana Administrative Procedure Act, La. R.S. 49:950 et seq., with publication and public comment; investigate complaints; subpoena witnesses, records, and documents; administer oaths; conduct hearings; impose sanctions; set fees; and seek injunctive relief against unlicensed practice.

Procedure

  1. Complaint filed by a patient, insurer, peer, or the licensee.
  2. Screening and investigation - the investigator may request records, and cooperation is required.
  3. Formal charges giving notice of the specific grounds and facts alleged.
  4. Hearing: the licensee may appear with counsel, present evidence, and cross-examine; a record is made. A contested decision includes findings of fact and conclusions of law.
  5. Order, then judicial review in district court under La. R.S. 49:964, which is deferential to the Board's factual findings.

Board meetings fall under the Open Meetings Law; deliberations on pending investigations may occur in executive session, but votes must be taken in open session.

Worked example

A licensee receives a certified letter enclosing a patient affidavit and a records request. He ignores it because "no charges have been filed." Reasoning: an investigation is not a formal charge, but ignoring a lawful Board inquiry is itself a separate ground (failure to cooperate) and forfeits the chance to shape the record early.

Traps that cost marks

  • Assuming the Board can award money damages - it cannot; it licenses and disciplines.
  • Assuming the Board's factual findings get de novo review on appeal.
  • Treating an informal peer letter as the formal charge and missing the response deadline.