This section creates the Louisiana State Board of Medical Examiners and sets rules for who appoints members, who qualifies, how vacancies are filled, when members may be removed, and the four-year term limit.
§1263. Louisiana State Board of Medical Examiners; membership; qualifications; appointment; removal; terms A. The Louisiana State Board of Medical Examiners is hereby created within the Louisiana Department of Health and is subject to the provisions of R.S. 36:803. B. The board shall consist of ten voting members, all appointed by the governor and subject to Senate confirmation as follows: (1) Two members from a list of names submitted by the Louisiana State Medical Society. One of the members so appointed shall practice in a parish or municipality with a population of less than twenty thousand people. (2) One member from a list of names submitted by the Louisiana State University Health Sciences Center at New Orleans. At least every other member appointed from a list provided for in this Paragraph shall be a minority appointee. Nothing in this Paragraph shall preclude consecutive minority appointments from lists provided for in this Paragraph. (3) One member from a list of names submitted by the Louisiana State University Health Sciences Center at Shreveport. At least every other member appointed from a list provided for in this Paragraph shall be a minority appointee. Nothing in this Paragraph shall preclude consecutive minority appointments from lists provided for in this Paragraph. (4) One member from a list of names submitted by the Tulane Medical School. (5) Two members from a list submitted by the Louisiana Medical Association. (6) One member from a list submitted by the Louisiana Academy of Family Practice Physicians. (7) One member from a list submitted by the Louisiana Hospital Association. At least every other member appointed from a list provided for in this Paragraph shall be a minority appointee. Nothing in this Paragraph shall preclude consecutive minority appointments from lists provided for in this Paragraph. (8) One consumer member. At least every other consumer member appointed to the board shall be a minority appointee. Nothing in this Paragraph shall preclude consecutive minority appointments of consumer members. The consumer member of the board shall possess all of the qualifications for consumer members provided in this Section and shall have all of the rights and privileges conferred by this Section. C.(1) Each physician member of the board shall, at the time of appointment, meet all of the following qualifications: (a) Has been a resident of this state for not less than six months. (b) Is currently licensed and in good standing to engage in the practice of medicine in this state. (c) Is actively engaged in the practice of medicine in this state. (d) Has had five years of experience in the practice of medicine in this state after licensure. (e) Has not been convicted of a felony. (f) Has not been placed on probation by the board. (2)(a) The consumer member of the board shall possess all of the following qualifications: (i) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment. (ii) Has attained the age of majority. (iii) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A). (iv) Has never been convicted of a felony. (v) Does not have and has never had a material financial interest in the healthcare profession. (b) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations. D.(1) The governor shall appoint the members of the board in accordance with other provisions of this Section and the state constitution. (2) When a vacancy occurs in the membership of the board for any reason, including expiration of term, removal, resignation, death, disability, or disqualification, the vacancy shall be filled in the same manner as the original appointment. (3) Each member of the board appointed to fill a vacancy occurring by death, resignation, inability to act, or other cause, shall serve for the remainder of the term of his predecessor. E.(1) A board member may be removed upon one or more of the following grounds: (a) The refusal or inability for any reason to perform his duties as a member of the board in an efficient, responsible, and professional manner. (b) The misuse of office to obtain personal, pecuniary, or material gain or advantage for himself or another through such office. (c) The violation of the laws governing the practice of medicine. (2) Removal of a member of the board shall be in accordance with the Administrative Procedure Act or other applicable laws. (3) The governor may remove any member of the board for good cause. F. Except as provided in Paragraph (D)(3) of this Section, members of the board shall be appointed for a term of four years, beginning on July first of the year in which the appointment is made. No member shall serve more than three consecutive terms. Acts 1975, No. 350, §1. Amended by Acts 1977, No. 684, §14; Acts 1979, No. 433, §1; Acts 1999, No. 497, §2; Acts 2016, No. 584, §1; Acts 2017, No. 162, §1, eff. June 12, 2017; Acts 2018, No. 515, §2; Acts 2018, No. 599, §1.