Disciplinary procedures, prohibited conduct, penalties, and unlicensed practice enforcement
This domain tests how the board investigates and sanctions licensees and how Louisiana enforces the prohibition on unlicensed practice. The exam favors process knowledge and recognition of prohibited conduct.
Core rules
- The board may receive complaints, investigate, issue subpoenas, and prosecute contested cases under the Louisiana Administrative Procedure Act.
- Licensees are entitled to notice of charges, a hearing, the opportunity to present evidence and cross-examine, and a written decision; appeals generally go to district court under the APA.
- Sanctions include reprimand, probation, suspension, revocation, fines, costs, and conditions on practice.
- Prohibited conduct includes unlicensed practice, aiding unlicensed practice, fraud, false advertising, improper supervision, failure to maintain records, and unprofessional conduct.
- Unlicensed practice may be addressed by board injunction or referral to prosecutors; a licensee who aids unlicensed practice is independently subject to discipline.
Worked example
A licensed funeral director lets an unlicensed friend embalm bodies after hours. The board may discipline the licensee for aiding unlicensed practice and for failing to supervise, even if no family complained. The friend may also face injunctive or criminal enforcement for practicing without a license.
Traps
A complaint is not a criminal conviction; the board must still prove charges by the applicable standard. Ignoring a board subpoena can itself be a violation. Continuing to practice after revocation is unlicensed practice. Do not assume a private settlement ends board jurisdiction over unprofessional conduct.