LAC 46:XLV.441
LAC 46:XLV.441. Failure to Satisfy Continuing Medical Education Requirements
Cite as La. Admin. Code tit. 46, pt. XLV, § 441
A. Non-Compliance; Reinstatement of Licensure. All licensees are required to complete CME as designated in his/her respective licensure law and/or in rules promulgated thereunder, including as a physician or surgeon pursuant to R.S. 37:1261 et seq.; as a podiatrist pursuant to R.S. 37:611 et seq.; as a physician assistant pursuant to R.S. 37:1360.21 et seq.; as a midwife practitioner pursuant to R.S. 37:3240 et seq.; as a respiratory therapist or respiratory therapy assistant pursuant to R.S. 37:3351 et seq.; as an occupational therapist or occupational therapy assistant pursuant to R.S. 37:3001 et seq.; as a clinical laboratory scientist pursuant to R.S. 37:1311 et seq.; as a clinical exercise physiologist pursuant to R.S. 37:3421 et seq.; as an athletic trainer pursuant to R.S. 37:3301 et seq.; as an acupuncturist or acupuncturist's assistant pursuant to R.S. 37:1356 et seq.; as a private radiologic technologist pursuant to R.S. 37:1292.
1. With the exception of a license issued pursuant to R.S. 37:1310.1, in all other instances, a licensee:
a. who fails to satisfy the CME requirements of his/her licensure shall not be eligible for licensure renewal consideration;
b. a license which has expired for nonrenewal, was deemed ineligible or has been revoked, solely due to failure to satisfy CME requirements may be reinstated upon written application to the board, accompanied by payment of the reinstatement fee in addition to all other applicable fees and costs, together with satisfactory evidence by affidavit that for each year since the date on which the applicant's license was last issued or renewed, the licensee has completed any and all annual and/or one time (if applicable) CME requirements for his/her licensure.
c. With regard to the license of a physician seeking reinstatement pursuant to section A.1.b., where the physician has failed to satisfy the CME requirements for his/her licensure on more than one occasion, then such violation and/or failure shall be deemed unprofessional conduct and conduct in contravention of the board's rules, in violation of R.S. 37:1285(A)(13) and (30), respectively, as well as violation of any other applicable provision of R.S. 37:1285(A), providing cause for the board to suspend, revoke, refuse to issue or impose probationary or any other restrictions on any license held or applied for by a physician culpable of such violation.
2. With regard to those physicians licensed pursuant to R.S. 37:1310.1:
a. a licensee who, upon renewal, fails to evidence satisfaction of the CME requirements prescribed by the rule sections 435, 439 and/or 4005, shall be given written notice of such failure by the board immediately after renewal. Such notice shall be mailed to the most recent address of the licensee as reflected in the official records of the board and the licensee will have 90 days within which to furnish satisfactory evidence by affidavit, for each year since the date on which the applicant's license was last issued or renewed, that he has completed the CME requirements.
b. who, after the lapse of the 90 days outlined in subsection A.2.a., fails to comply with the provisions of subsection A.2., as verified using the board’s electronic education tracker, then the board shall refer the licensee to the Department of Investigations so that it may, via informal, non-disciplinary communications and/or meetings, notify the licensee of the relevant statutory and/or regulatory requirements and confirm the licensee’s intention to immediately comply with subsection A.2.a.
c. who has been contacted pursuant to subsection A.2.b., but remains non-compliant with the applicable laws and rules for CME, shall be deemed to be in violation of the laws and rules against unprofessional conduct under R.S. 37:1285(A)(13) and (30) providing cause for the board to suspend, revoke, refuse to issue or impose probationary or any other restrictions on any license held or applied for by a physician culpable of such violation.