Struck = removed from the bill ·
added = the amendment's new text.
HCASB131 4875 5702 HOUSE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendmentsproposedbyHouseCommitteeonCommerceto SENATEReengrossedSenateBill BILLNo. NO.
131by BYSenator SENATORPressly PRESSLYAMENDMENT ANNO. ACT To amend and reenact R.S.
37:21,1 relativeOn topage professions3, delete lines 14 through 22 and occupations;insert in lieu thereof the following:
to"D.(1) provideWhen relativea toprofessional limitingor recoveryoccupational board initiates a disciplinary proceeding against a licensee and the final disposition of attorneythe proceedingresultsinaconsentorder,judgment,orfindinginwhichthelicensee istheprevailingparty,theboardshallnotcollectfromthelicenseeanyattorney fees andor costs inincurred disciplinaryby proceedingsthe initiatedboard byafter professionala orwritten occupationaloffer licensingof boards;judgment.
to(2) provideFor relativepurposes toof licensees;this Subsection, a licensee is deemed the prevailing party when:
to provide relative to negotiations;
to provide relative to suspension and probationary periods;
to provide relative to monetary fees;
to provide relative to certain offers of judgments;
to provide relative to consent order negotiations;
to provide relative to attorney fees and costs incurred by the board;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
37:21 is hereby amended and reenacted to read as follows:
§21.Limitationsondisciplinaryproceedingsbyprofessionaloroccupationalboards and commissions;
recovery of attorney fees and costs A.(1) Unless a special law is applicable, no proceeding of any kind may be initiated by a professional or occupational board or commission as follows:
(a)If the nature of the complaint is based on negligenceor gross negligence, no proceeding may be initiated after two years from discovery by the complainant.
However,undernocircumstancesshallsuchaproceedingbeinitiatedmorethanfive years from the date of the act or omission.
(b) If the nature of the complaint is based on an intentional act or omission, no proceeding may be initiated after two years from discovery by the complainant.
However,undernocircumstancesshallsuchaproceedingbeinitiatedmorethanfive years from the date of the act or omission.
(c) If the nature of the complaint is based on fraud, no proceeding may be initiated after two years from discoveryby the complainant.
(d) If the nature of the complaint is based on a license or rules violation, no proceeding may be initiated after five years from the date of the act or omission.
Page 1 of 4 Coding:
Words which are struck through are deletions from existing law;
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.
(3) The time periods provided in this Subsection are suspended during the pendency of a legal action involving the licensee as a party or witness if the complaintarisesfromthesamefactsgivingriseto thelegal action or arisesfromthe licensee's activities in the legal action.
For the purposes of this Subsection, "legal action"includeslitigation,arbitration,mediation,administrativeproceeding,orother disciplinary proceeding.
B.
The provisions of this Section Subsection A of this Section shall not apply to the following:
(1) The Louisiana State Board of Medical Examiners.
(2) The Louisiana State Board of Dentistry.
(3) A certified public accountant.
(4) Repealed by Acts 2023, No.
381, §2, eff.
August 1, 2023.
(5) The Louisiana State Board of Embalmers and Funeral Directors.
(6) The Louisiana Board of Examiners for Speech-Language Pathologyand Audiology.
(7) The Louisiana Board of Pharmacy.
(8) The Louisiana State Board of Nursing.
(9) The Louisiana State Board of Social Work Examiners.
(10) The Louisiana Physical Therapy Board.
(11) The Louisiana State Board of Practical Nurse Examiners.
C.TheprovisionsofParagraph(A)(2)ofthisSectionwithrespecttothetime of hearing only shall not apply to the following:
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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.
(2) The State Board of Architectural Examiners.
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.
(2) For purposes of this Subsection, a licensee is deemed the prevailing party when either of the following occurs:
(b)(i) The consent order, judgment, or finding results in a disposition morefavorabletothelicenseethan the terms previously offeredofferedby by thelicensee pursuant to this Subsection.
(ii)Aresultisconsideredmorefavorabletothelicenseeunderanyofthe(ii) Aresultisconsideredmorefavorabletothelicenseeunderanyofthe following circumstances:
(aa) The licensee offered a suspension period, and the final consent order, judgment, or finding imposes a suspension period shorter than or equal to that offered by the licensee.
(bb) The licensee offered a probationary period, and the final consent order, judgment, or finding imposes a probationary period shorter than or equal to that offered by the licensee.
(cc) The licensee offered payment of a monetary fine, and the final consentorder,judgment,orfindingimposesonlyamonetaryfineinanamount less than or equal to that offered by the licensee.
(dd)Thelicenseeofferedasuspension(dd) oflicensure,andthefinalconsentThelicenseeofferedasuspensionoflicensure,andthefinalconsent order, judgment, or finding imposes no suspension of licensure, regardless of whether the final disposition includes a fine, probation, or both.
For purposes ofthisSubitem,onedayofsuspensionshallbedeemedequivalenttofifteendays Pageof 3probation ofwhen 4comparing Coding:disciplinary sanctions that include both suspensionary and probationary periods.
Words(ee) whichThe arefinal struckconsent throughorder, arejudgment, deletionsor fromfinding existingimposes law;a combined suspensionary and probationary period that is less severe than that offered by the licensee.
words in boldface type and underscored are additions.
SB NO.
131 ENROLLED of probation when comparing disciplinary sanctions that include both suspension and probationary periods.
(ee) The final consent order, judgment, or finding imposes a combined suspension and probationary period that is less severe than or equal to that offered by the licensee.
(3) The provisions of this Subsection supersede any agency rule, regulation,custom,orpracticegoverningthepaymentofattorneyfeesandcosts to the extent that such rule, regulation, custom, or practice is less favorable to the licensee.licensee." Page 1 of 1 CODING:
PRESIDENTWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored OFare THEadditions. SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 4 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.