SB 131 — ATTORNEYS: Provides for limitations on recovery of attorney fees and costs in occupational licensing board disciplinary hearings. (8/1/26) (EN SEE FISC NOTE SG RV)

SLS 26RS-319 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

131 BY SENATOR PRESSLY ATTORNEYS.AN ACT To amend and reenact R.S.

Provides for limitations on recovery of attorney fees and costs in occupational licensing board disciplinary hearings.

(8/1/26) AN ACT To amend and reenact R.S.

(a)If the nature of the complaint is based on negligencenegligenceor or gross negligence, no proceeding may be initiated after two years from discovery by the complainant.

PageHowever,undernocircumstancesshallsuchaproceedingbeinitiatedmorethanfive 1years from the date of 4the Coding:act or omission.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-319 REENGROSSED SB NO.

131 However,undernocircumstancesshallsuchaproceedingbeinitiatedmorethanfive years from the date of the act or omission.

(2)InPage allcaseswhereacomplaintisfiledwithaprofessionaloroccupational1 board or commission, the board or commission shall notify the licensee who is specificallynamed in the complaint as the subject of the4 complaintCoding: in writing of the complaint within six months after the filing of the complaint or be barred from further action thereon.

TheWords boardwhich orare commissionstruck shallthrough holdare anydeletions requiredfrom hearingexisting withinlaw; six months after the notice of the hearing, but this period maybe interrupted bythefilingofproceduralmotionsorsuspendedas providedin Paragraph(3)ofthis Subsection.

words in boldface type and underscored are additions.

SB NO.

131 ENROLLED (2)Inallcaseswhereacomplaintisfiledwith aprofessionaloroccupational board or commission, the board or commission shall notify the licensee who is specificallynamed in the complaint as the subject of the complaint in writing of the complaint within six months after the filing of the complaint or be barred from further action thereon.

The board or commission shall hold any required hearing within six months after the notice of the hearing, but this period maybe interrupted bythefilingofproceduralmotionsorsuspendedasprovidedinParagraph(3)ofthis Subsection.

Page(4) 2Repealed ofby 4Acts Coding:2023, No.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-319 REENGROSSED SB NO.

131 (4) Repealed by Acts 2023, No.

(6) The Louisiana Board of Examiners for Speech-Language PathologyPathologyand and Audiology.

(1)Page The2 Louisianaof Professional4 EngineeringCoding: and Land Surveying Board.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

131 ENROLLED (1) The Louisiana Professional Engineering and Land Surveying Board.

D.D.(1)Whenaprofessionaloroccupationalboardinitiatesadisciplinary proceedingagainst a licenseeandthefinal disposition of theproceedingresults in a consent order, judgment, or finding in which the licensee is the prevailing party, the board shall not collect from the licensee any attorney fees or costs incurred by the board after a written offer of judgment.

When(2) aFor professionalpurposes orof occupationalthis boardSubsection, initiates a disciplinary action against a licensee and the final resolution of the proceeding before the boardresultsinaconsentorder,judgment,orfindinginwhichthelengthofthe suspension or probationary period imposed or the amount of the monetary payment required of the licensee is lessdeemed than an offer of judgment made or monetary amount offered previously by the licenseeprevailing inparty awhen consenteither order negotiation, the board shall not collect from the licensee the attorney fees or costs of the proceedingfollowing incurredoccurs: by the board after the offer of judgment or offer in negotiation was made in writing.

(a) The originallicensee instrumentmade a written offer of judgment, and the followingmatter digest,is whichsubsequently constitutesterminated, nodismissed, partor ofresolved thewithout legislativean instrument,adverse werefinding preparedagainst bySenatethe Legislativelicensee. Services.

(b)(i) The keyword,consent summary,order, andjudgment, digestor dofinding notresults constitutein parta ofdisposition morefavorabletothelicenseethan the lawterms orpreviously proofoffered orby indiciathelicensee ofpursuant legislativeto intent.this Subsection.

[R.S.(ii)Aresultisconsideredmorefavorabletothelicenseeunderanyofthe following circumstances:

1:13(B)(aa) The licensee offered a suspension period, and 24:177(E)]the DIGESTfinal SBconsent 131order, Reengrossedjudgment, 2026or Regularfinding Sessionimposes Presslya Presentsuspension lawperiod (R.S.shorter than or equal to that offered by the licensee.

37:21(B))(bb) providesThe thatlicensee offered a probationary period, and the provisionsfinal ofconsent presentorder, lawjudgment, (R.S.or finding imposes a probationary period shorter than or equal to that offered by the licensee.

37:21)(cc) doThe notlicensee applyoffered topayment certainof professionala monetary fine, and the final consentorder,judgment,orfindingimposesonlyamonetaryfineinanamount less than or occupationalequal licensingto boards.that offered by the licensee.

Proposed(dd)Thelicenseeofferedasuspension lawoflicensure,andthefinalconsent providesorder, thatjudgment, theor provisionsfinding imposes no suspension of presentlicensure, lawregardless (R.S.of whether the final disposition includes a fine, probation, or both.

37:21(A))For dopurposes notofthisSubitem,onedayofsuspensionshallbedeemedequivalenttofifteendays applyPage to3 certainof professional4 orCoding: occupational licensing boards.

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SLS 26RS-319 REENGROSSED SB NO.

131 ProposedlawprovidesthatwhenaprofessionaloroccupationalboardinitiatesadisciplinaryENROLLED action against a licensee and the final resolution of theprobation proceedingbeforewhen thecomparing boarddisciplinary resultssanctions inaconsentorder,judgmentorfindinginwhichthelengthofthesuspensionorprobationarythat periodinclude imposedboth orsuspension theand amountprobationary ofperiods. the monetarypayment required of the licensee is less than an offer of judgment made or monetary amount offered previously by the licensee in a consent order negotiation, the board shall not collect from the licensee the attorney fees or costs of the proceeding incurred by the board after the offer of judgment or offer in negotiation was made in writing.