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I'm Going Before the Board for a Hearing, What Should I Expect?

The Louisiana State Board of Nursing is statutorily charged to provide procedure and conduct hearings for the discipline of individuals as needed and to cause the prosecution of all persons in violation of the Nurse Practice Act.1 Allegations of Nurse Practice Act violations are investigated by the LSBN Compliance Department. Very few LSBN investigations result in Board hearings. Some investigations are closed without action and others are resolved informally with Consent Orders. If you ever find yourself as a Respondent before the Board, this is what you should expect.

 

The LSBN rules provide that notice of the charges and time and place of the hearing must be sent to the Respondent by certified mail, return receipt requested, to the individual’s address of record. Notice is considered effective and service is considered complete when it is sent in accordance with the rules. If a Respondent does not appear for his or her hearing after proper notice, then the Respondent waives the right to appear before the Board and the hearing will proceed in the Respondent’s absence. This is one of many reasons why licensees should keep their address updated with the LSBN. (Address changes are made through the Nurse Portal.)

 

The Louisiana Administrative Procedure Act governs disciplinary hearings. LSBN hearings are less formal than judicial proceedings because the Board is not subject to strict rules and technicalities that one may expect in a court of law. However, the Board is required to conduct its hearings in accordance with consideration of fair play and constitutional requirements of due process. The purpose of a disciplinary hearing is for the Board to determine contested issues of law and fact, whether the Respondent committed certain acts, and if he or she did, whether those acts violated the Nurse Practice Act or the Board’s rules and regulations. If a violation occurred, then the Board determines the appropriate disciplinary action and/or sanctions.

 

At the hearing, the Board’s primary role is to hear evidence and argument and to reach a decision. The Board is represented by LSBN staff and the prosecuting attorney, who present evidence as to why disciplinary action should be taken against the Respondent. Respondents are given the opportunity to present a defense personally or through an attorney. Witnesses may be called to testify by both the prosecuting attorney and the Respondent.

 

Testimony is taken under oath during the hearing. If good cause is shown, testimony may be taken by deposition and/or by sworn affidavit. The Board also considers documentary evidence, illustrative evidence, admissions, and facts officially noted in the record. This evidence is typically introduced in connection with testimony.

 

The hearing begins with opening statements. First, the prosecuting attorney makes an opening statement setting forth what she intends to prove at the hearing and what action is being requested of the Board. Thereafter, the Respondent, or his/her attorney, makes an opening statement. Next, testimony is received by the Board. The prosecuting attorney presents her case and questions her witnesses, then the Board is permitted to question prosecution witnesses followed by cross-examination by the Respondent, or his/her attorney. After the prosecuting attorney rests her case, the Respondent, or his/her attorney, presents the defense and questions defense witnesses. The Board is permitted to question defense witnesses followed by cross-examination by the prosecuting attorney. After the defense rests, the prosecuting attorney may submit rebuttal evidence/testimony. At the conclusion of the hearing, both parties are permitted to make closing arguments. Thereafter, the Board members go into executive session to deliberate.

 

Deliberation is held in private; however, the Board’s decision is rendered during open session and recorded into the record. Respondents may wait while the Board deliberates; however, they are not required to stay. Respondents are notified of the Board’s decision by mail. The Final Order includes the Board’s findings of fact and conclusions of law to support the sanctions levied against the Respondent. The order may also stipulate remedial education, specific evaluation and therapy, and other sanctions as deemed necessary and appropriate by the Board.

 

Additional information regarding Board hearings is available in the LSBN’s rules and regulations and on the website.

I'm Going Before the Board for a Hearing, What Should I Expect?

The Louisiana State Board of Nursing is statutorily charged to provide procedure and conduct hearings for the discipline of individuals as needed and to cause the prosecution of all persons in violation of the Nurse Practice Act.1 Allegations of Nurse Practice Act violations are investigated by the LSBN Compliance Department. Very few LSBN investigations result in Board hearings. Some investigations are closed without action and others are resolved informally with Consent Orders. If you ever find yourself as a Respondent before the Board, this is what you should expect.

 

The LSBN rules provide that notice of the charges and time and place of the hearing must be sent to the Respondent by certified mail, return receipt requested, to the individual’s address of record. Notice is considered effective and service is considered complete when it is sent in accordance with the rules. If a Respondent does not appear for his or her hearing after proper notice, then the Respondent waives the right to appear before the Board and the hearing will proceed in the Respondent’s absence. This is one of many reasons why licensees should keep their address updated with the LSBN. (Address changes are made through the Nurse Portal.)

 

The Louisiana Administrative Procedure Act governs disciplinary hearings. LSBN hearings are less formal than judicial proceedings because the Board is not subject to strict rules and technicalities that one may expect in a court of law. However, the Board is required to conduct its hearings in accordance with consideration of fair play and constitutional requirements of due process. The purpose of a disciplinary hearing is for the Board to determine contested issues of law and fact, whether the Respondent committed certain acts, and if he or she did, whether those acts violated the Nurse Practice Act or the Board’s rules and regulations. If a violation occurred, then the Board determines the appropriate disciplinary action and/or sanctions.

 

At the hearing, the Board’s primary role is to hear evidence and argument and to reach a decision. The Board is represented by LSBN staff and the prosecuting attorney, who present evidence as to why disciplinary action should be taken against the Respondent. Respondents are given the opportunity to present a defense personally or through an attorney. Witnesses may be called to testify by both the prosecuting attorney and the Respondent.

 

Testimony is taken under oath during the hearing. If good cause is shown, testimony may be taken by deposition and/or by sworn affidavit. The Board also considers documentary evidence, illustrative evidence, admissions, and facts officially noted in the record. This evidence is typically introduced in connection with testimony.

 

The hearing begins with opening statements. First, the prosecuting attorney makes an opening statement setting forth what she intends to prove at the hearing and what action is being requested of the Board. Thereafter, the Respondent, or his/her attorney, makes an opening statement. Next, testimony is received by the Board. The prosecuting attorney presents her case and questions her witnesses, then the Board is permitted to question prosecution witnesses followed by cross-examination by the Respondent, or his/her attorney. After the prosecuting attorney rests her case, the Respondent, or his/her attorney, presents the defense and questions defense witnesses. The Board is permitted to question defense witnesses followed by cross-examination by the prosecuting attorney. After the defense rests, the prosecuting attorney may submit rebuttal evidence/testimony. At the conclusion of the hearing, both parties are permitted to make closing arguments. Thereafter, the Board members go into executive session to deliberate.

 

Deliberation is held in private; however, the Board’s decision is rendered during open session and recorded into the record. Respondents may wait while the Board deliberates; however, they are not required to stay. Respondents are notified of the Board’s decision by mail. The Final Order includes the Board’s findings of fact and conclusions of law to support the sanctions levied against the Respondent. The order may also stipulate remedial education, specific evaluation and therapy, and other sanctions as deemed necessary and appropriate by the Board.

 

Additional information regarding Board hearings is available in the LSBN’s rules and regulations and on the website.

I'm Going Before the Board for a Hearing, What Should I Expect?

The Louisiana State Board of Nursing is statutorily charged to provide procedure and conduct hearings for the discipline of individuals as needed and to cause the prosecution of all persons in violation of the Nurse Practice Act.1 Allegations of Nurse Practice Act violations are investigated by the LSBN Compliance Department. Very few LSBN investigations result in Board hearings. Some investigations are closed without action and others are resolved informally with Consent Orders. If you ever find yourself as a Respondent before the Board, this is what you should expect.

 

The LSBN rules provide that notice of the charges and time and place of the hearing must be sent to the Respondent by certified mail, return receipt requested, to the individual’s address of record. Notice is considered effective and service is considered complete when it is sent in accordance with the rules. If a Respondent does not appear for his or her hearing after proper notice, then the Respondent waives the right to appear before the Board and the hearing will proceed in the Respondent’s absence. This is one of many reasons why licensees should keep their address updated with the LSBN. (Address changes are made through the Nurse Portal.)

 

The Louisiana Administrative Procedure Act governs disciplinary hearings. LSBN hearings are less formal than judicial proceedings because the Board is not subject to strict rules and technicalities that one may expect in a court of law. However, the Board is required to conduct its hearings in accordance with consideration of fair play and constitutional requirements of due process. The purpose of a disciplinary hearing is for the Board to determine contested issues of law and fact, whether the Respondent committed certain acts, and if he or she did, whether those acts violated the Nurse Practice Act or the Board’s rules and regulations. If a violation occurred, then the Board determines the appropriate disciplinary action and/or sanctions.

 

At the hearing, the Board’s primary role is to hear evidence and argument and to reach a decision. The Board is represented by LSBN staff and the prosecuting attorney, who present evidence as to why disciplinary action should be taken against the Respondent. Respondents are given the opportunity to present a defense personally or through an attorney. Witnesses may be called to testify by both the prosecuting attorney and the Respondent.

 

Testimony is taken under oath during the hearing. If good cause is shown, testimony may be taken by deposition and/or by sworn affidavit. The Board also considers documentary evidence, illustrative evidence, admissions, and facts officially noted in the record. This evidence is typically introduced in connection with testimony.

 

The hearing begins with opening statements. First, the prosecuting attorney makes an opening statement setting forth what she intends to prove at the hearing and what action is being requested of the Board. Thereafter, the Respondent, or his/her attorney, makes an opening statement. Next, testimony is received by the Board. The prosecuting attorney presents her case and questions her witnesses, then the Board is permitted to question prosecution witnesses followed by cross-examination by the Respondent, or his/her attorney. After the prosecuting attorney rests her case, the Respondent, or his/her attorney, presents the defense and questions defense witnesses. The Board is permitted to question defense witnesses followed by cross-examination by the prosecuting attorney. After the defense rests, the prosecuting attorney may submit rebuttal evidence/testimony. At the conclusion of the hearing, both parties are permitted to make closing arguments. Thereafter, the Board members go into executive session to deliberate.

 

Deliberation is held in private; however, the Board’s decision is rendered during open session and recorded into the record. Respondents may wait while the Board deliberates; however, they are not required to stay. Respondents are notified of the Board’s decision by mail. The Final Order includes the Board’s findings of fact and conclusions of law to support the sanctions levied against the Respondent. The order may also stipulate remedial education, specific evaluation and therapy, and other sanctions as deemed necessary and appropriate by the Board.

 

Additional information regarding Board hearings is available in the LSBN’s rules and regulations and on the website.

I'm Going Before the Board for a Hearing, What Should I Expect?

The Louisiana State Board of Nursing is statutorily charged to provide procedure and conduct hearings for the discipline of individuals as needed and to cause the prosecution of all persons in violation of the Nurse Practice Act.1 Allegations of Nurse Practice Act violations are investigated by the LSBN Compliance Department. Very few LSBN investigations result in Board hearings. Some investigations are closed without action and others are resolved informally with Consent Orders. If you ever find yourself as a Respondent before the Board, this is what you should expect.

 

The LSBN rules provide that notice of the charges and time and place of the hearing must be sent to the Respondent by certified mail, return receipt requested, to the individual’s address of record. Notice is considered effective and service is considered complete when it is sent in accordance with the rules. If a Respondent does not appear for his or her hearing after proper notice, then the Respondent waives the right to appear before the Board and the hearing will proceed in the Respondent’s absence. This is one of many reasons why licensees should keep their address updated with the LSBN. (Address changes are made through the Nurse Portal.)

 

The Louisiana Administrative Procedure Act governs disciplinary hearings. LSBN hearings are less formal than judicial proceedings because the Board is not subject to strict rules and technicalities that one may expect in a court of law. However, the Board is required to conduct its hearings in accordance with consideration of fair play and constitutional requirements of due process. The purpose of a disciplinary hearing is for the Board to determine contested issues of law and fact, whether the Respondent committed certain acts, and if he or she did, whether those acts violated the Nurse Practice Act or the Board’s rules and regulations. If a violation occurred, then the Board determines the appropriate disciplinary action and/or sanctions.

 

At the hearing, the Board’s primary role is to hear evidence and argument and to reach a decision. The Board is represented by LSBN staff and the prosecuting attorney, who present evidence as to why disciplinary action should be taken against the Respondent. Respondents are given the opportunity to present a defense personally or through an attorney. Witnesses may be called to testify by both the prosecuting attorney and the Respondent.

 

Testimony is taken under oath during the hearing. If good cause is shown, testimony may be taken by deposition and/or by sworn affidavit. The Board also considers documentary evidence, illustrative evidence, admissions, and facts officially noted in the record. This evidence is typically introduced in connection with testimony.

 

The hearing begins with opening statements. First, the prosecuting attorney makes an opening statement setting forth what she intends to prove at the hearing and what action is being requested of the Board. Thereafter, the Respondent, or his/her attorney, makes an opening statement. Next, testimony is received by the Board. The prosecuting attorney presents her case and questions her witnesses, then the Board is permitted to question prosecution witnesses followed by cross-examination by the Respondent, or his/her attorney. After the prosecuting attorney rests her case, the Respondent, or his/her attorney, presents the defense and questions defense witnesses. The Board is permitted to question defense witnesses followed by cross-examination by the prosecuting attorney. After the defense rests, the prosecuting attorney may submit rebuttal evidence/testimony. At the conclusion of the hearing, both parties are permitted to make closing arguments. Thereafter, the Board members go into executive session to deliberate.

 

Deliberation is held in private; however, the Board’s decision is rendered during open session and recorded into the record. Respondents may wait while the Board deliberates; however, they are not required to stay. Respondents are notified of the Board’s decision by mail. The Final Order includes the Board’s findings of fact and conclusions of law to support the sanctions levied against the Respondent. The order may also stipulate remedial education, specific evaluation and therapy, and other sanctions as deemed necessary and appropriate by the Board.

 

Additional information regarding Board hearings is available in the LSBN’s rules and regulations and on the website.

I'm Going Before the Board for a Hearing, What Should I Expect?

The Louisiana State Board of Nursing is statutorily charged to provide procedure and conduct hearings for the discipline of individuals as needed and to cause the prosecution of all persons in violation of the Nurse Practice Act.1 Allegations of Nurse Practice Act violations are investigated by the LSBN Compliance Department. Very few LSBN investigations result in Board hearings. Some investigations are closed without action and others are resolved informally with Consent Orders. If you ever find yourself as a Respondent before the Board, this is what you should expect.

 

The LSBN rules provide that notice of the charges and time and place of the hearing must be sent to the Respondent by certified mail, return receipt requested, to the individual’s address of record. Notice is considered effective and service is considered complete when it is sent in accordance with the rules. If a Respondent does not appear for his or her hearing after proper notice, then the Respondent waives the right to appear before the Board and the hearing will proceed in the Respondent’s absence. This is one of many reasons why licensees should keep their address updated with the LSBN. (Address changes are made through the Nurse Portal.)

 

The Louisiana Administrative Procedure Act governs disciplinary hearings. LSBN hearings are less formal than judicial proceedings because the Board is not subject to strict rules and technicalities that one may expect in a court of law. However, the Board is required to conduct its hearings in accordance with consideration of fair play and constitutional requirements of due process. The purpose of a disciplinary hearing is for the Board to determine contested issues of law and fact, whether the Respondent committed certain acts, and if he or she did, whether those acts violated the Nurse Practice Act or the Board’s rules and regulations. If a violation occurred, then the Board determines the appropriate disciplinary action and/or sanctions.

 

At the hearing, the Board’s primary role is to hear evidence and argument and to reach a decision. The Board is represented by LSBN staff and the prosecuting attorney, who present evidence as to why disciplinary action should be taken against the Respondent. Respondents are given the opportunity to present a defense personally or through an attorney. Witnesses may be called to testify by both the prosecuting attorney and the Respondent.

 

Testimony is taken under oath during the hearing. If good cause is shown, testimony may be taken by deposition and/or by sworn affidavit. The Board also considers documentary evidence, illustrative evidence, admissions, and facts officially noted in the record. This evidence is typically introduced in connection with testimony.

 

The hearing begins with opening statements. First, the prosecuting attorney makes an opening statement setting forth what she intends to prove at the hearing and what action is being requested of the Board. Thereafter, the Respondent, or his/her attorney, makes an opening statement. Next, testimony is received by the Board. The prosecuting attorney presents her case and questions her witnesses, then the Board is permitted to question prosecution witnesses followed by cross-examination by the Respondent, or his/her attorney. After the prosecuting attorney rests her case, the Respondent, or his/her attorney, presents the defense and questions defense witnesses. The Board is permitted to question defense witnesses followed by cross-examination by the prosecuting attorney. After the defense rests, the prosecuting attorney may submit rebuttal evidence/testimony. At the conclusion of the hearing, both parties are permitted to make closing arguments. Thereafter, the Board members go into executive session to deliberate.

 

Deliberation is held in private; however, the Board’s decision is rendered during open session and recorded into the record. Respondents may wait while the Board deliberates; however, they are not required to stay. Respondents are notified of the Board’s decision by mail. The Final Order includes the Board’s findings of fact and conclusions of law to support the sanctions levied against the Respondent. The order may also stipulate remedial education, specific evaluation and therapy, and other sanctions as deemed necessary and appropriate by the Board.

 

Additional information regarding Board hearings is available in the LSBN’s rules and regulations and on the website.

I'm Going Before the Board for a Hearing, What Should I Expect?

The Louisiana State Board of Nursing is statutorily charged to provide procedure and conduct hearings for the discipline of individuals as needed and to cause the prosecution of all persons in violation of the Nurse Practice Act.1 Allegations of Nurse Practice Act violations are investigated by the LSBN Compliance Department. Very few LSBN investigations result in Board hearings. Some investigations are closed without action and others are resolved informally with Consent Orders. If you ever find yourself as a Respondent before the Board, this is what you should expect.

 

The LSBN rules provide that notice of the charges and time and place of the hearing must be sent to the Respondent by certified mail, return receipt requested, to the individual’s address of record. Notice is considered effective and service is considered complete when it is sent in accordance with the rules. If a Respondent does not appear for his or her hearing after proper notice, then the Respondent waives the right to appear before the Board and the hearing will proceed in the Respondent’s absence. This is one of many reasons why licensees should keep their address updated with the LSBN. (Address changes are made through the Nurse Portal.)

 

The Louisiana Administrative Procedure Act governs disciplinary hearings. LSBN hearings are less formal than judicial proceedings because the Board is not subject to strict rules and technicalities that one may expect in a court of law. However, the Board is required to conduct its hearings in accordance with consideration of fair play and constitutional requirements of due process. The purpose of a disciplinary hearing is for the Board to determine contested issues of law and fact, whether the Respondent committed certain acts, and if he or she did, whether those acts violated the Nurse Practice Act or the Board’s rules and regulations. If a violation occurred, then the Board determines the appropriate disciplinary action and/or sanctions.

 

At the hearing, the Board’s primary role is to hear evidence and argument and to reach a decision. The Board is represented by LSBN staff and the prosecuting attorney, who present evidence as to why disciplinary action should be taken against the Respondent. Respondents are given the opportunity to present a defense personally or through an attorney. Witnesses may be called to testify by both the prosecuting attorney and the Respondent.

 

Testimony is taken under oath during the hearing. If good cause is shown, testimony may be taken by deposition and/or by sworn affidavit. The Board also considers documentary evidence, illustrative evidence, admissions, and facts officially noted in the record. This evidence is typically introduced in connection with testimony.

 

The hearing begins with opening statements. First, the prosecuting attorney makes an opening statement setting forth what she intends to prove at the hearing and what action is being requested of the Board. Thereafter, the Respondent, or his/her attorney, makes an opening statement. Next, testimony is received by the Board. The prosecuting attorney presents her case and questions her witnesses, then the Board is permitted to question prosecution witnesses followed by cross-examination by the Respondent, or his/her attorney. After the prosecuting attorney rests her case, the Respondent, or his/her attorney, presents the defense and questions defense witnesses. The Board is permitted to question defense witnesses followed by cross-examination by the prosecuting attorney. After the defense rests, the prosecuting attorney may submit rebuttal evidence/testimony. At the conclusion of the hearing, both parties are permitted to make closing arguments. Thereafter, the Board members go into executive session to deliberate.

 

Deliberation is held in private; however, the Board’s decision is rendered during open session and recorded into the record. Respondents may wait while the Board deliberates; however, they are not required to stay. Respondents are notified of the Board’s decision by mail. The Final Order includes the Board’s findings of fact and conclusions of law to support the sanctions levied against the Respondent. The order may also stipulate remedial education, specific evaluation and therapy, and other sanctions as deemed necessary and appropriate by the Board.

 

Additional information regarding Board hearings is available in the LSBN’s rules and regulations and on the website.