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Regular Session, 2010
HOUSE BILL NO. 1262
BY REPRESENTATIVE MILLS
NURSES: Provides for hearings and records of the La. State Board of Nursing
AN ACT1
To amend and reenact R.S. 37:922(A), (D), and (E) and R.S. 44:4.1(B)(21) and to enact R.S.2
37:922(F) and (G), relative to the Louisiana State Board of Nursing; to provide for3
hearings; to provide for access to records; to provide for notification; to provide for4
procedure at hearings; to provide for an exception to public records law; to provide5
for records sharing; to provide for reporting; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:922(A), (D), and (E) are hereby amended and reenacted and R.S.8
37:922(F) and (G) are hereby enacted to read as follows: 9
§922. Hearings by board10
A. Upon the filing of a sworn complaint with the board charging the11
violation of any of the provisions of this Part, the executive director of the board12
shall fix a time and place for hearing and send by registered mail a copy of the13
charges together with a notice of the time and place for hearing to the individual14
accused at least ten days prior to the date set for the hearing. The notice shall be15
mailed to the last known address of the individual accused as it appears on the16
records of the board. The executive director may appoint a panel consisting of three17
or more board members to hear the charges. If no panel has been appointed, the18
charges shall be heard by no less than a quorum of the board members.19
* * *20
D. The board shall not be bound by strict rules of procedure or other laws of21
evidence in the conduct of its proceedings. At the hearing the accused individual22 HLS 10RS-1816 ENGROSSED
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may appear either personally or by counsel, produce witnesses and evidence on his1
own behalf, and cross-examine witnesses. (1) Notwithstanding any other provision2
of law to the contrary, the board may access, receive, and utilize any records within3
the custody of the Department of Social Services, any prosecutive, investigative, or4
law enforcement authority identified in R.S. 44:3, and any regulatory agency relative5
to the board's investigation or an administrative proceeding involving one of its6
licensees, an applicant for a license, or an applicant to enter or progress in a clinical7
nursing program. A written request submitted by the board for such records shall8
be sufficient to access, receive, and utilize the records; however, the board may issue9
an administrative subpoena for the records to be produced prior to or at a hearing.10
(2) Upon the arrest of any person determined by a prosecutive, investigative,11
or law enforcement authority to be a licensee, applicant for a license, or applicant to12
enter or progress in a clinical nursing program, such prosecutive, investigative, or13
law enforcement authority shall notify the board of the arrest within ten days of such14
determination, and, simultaneous with notification, shall forward to the board a copy15
of any report that has been generated in connection with the arrest.16
E. The board in its annual report shall state the nature and number of the17
various violations of this Part. The board, in its discretion, may maintain the18
confidentiality of an individual registered nurse who violates a provision of this Part19
whenever the board determines the public interest will be best served by alternatives20
to the disciplinary process. The board shall not be bound by strict rules of procedure21
or other laws of evidence in the conduct of its proceedings. At the hearing, the22
accused individual may appear personally or by counsel, produce witnesses and23
evidence on his own behalf, and cross-examine witnesses. An affirmative vote by24
a majority of the members present at the hearing of the charges shall be required for25
any disposition, action, or decision. A decision to deny, revoke, suspend, probate,26
limit, restrict, or otherwise discipline a licensee, an applicant for a license, or an27
applicant to enter or progress in a clinical nursing program, including the imposition28
of fines and assessment of costs, shall be supported by a preponderance of the29 HLS 10RS-1816 ENGROSSED
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evidence. If an application for rehearing is made, the application shall be considered1
by a quorum of the board and, if granted, any hearing shall also be held before a2
quorum of the board.3
F. With the exception of any document expressly made public record by4
virtue of R.S. 44:4(9), all notes, records, memos, documents, or other information5
contained within the board's files pertaining to one of its licensees, an applicant for6
a license, or an applicant to enter or progress in a clinical nursing program shall be7
nonpublic, confidential, and not subject to subpoena or otherwise discoverable in any8
civil or criminal proceeding; however, the board may share any such information9
with other state and federal health care regulatory agencies and state and federal law10
enforcement authorities upon written request as long as the intended recipient11
demonstrates to the satisfaction of the executive director or designee that it is subject12
to confidentiality requirements similar to those established by this Section. A13
disclosure by the board pursuant to this Section shall not be deemed a waiver of the14
confidentiality requirements.15
G. The board, in its annual report, shall state the nature and number of the16
various violations of this Part. The board may maintain the confidentiality of an17
individual registered nurse who violates a provision of this Part whenever the board18
determines the public interest will be best served by alternatives to the disciplinary19
process.20
Section 2. R.S. 44:4.1(B)(21) is hereby amended and reenacted to read as follows:21
§4.1. Exceptions22
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B. The legislature further recognizes that there exist exceptions, exemptions,24
and limitations to the laws pertaining to public records throughout the revised25
statutes and codes of this state. Therefore, the following exceptions, exemptions, and26
limitations are hereby continued in effect by incorporation into this Chapter by27
citation:28
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(21) R.S. 37:74, 86, 90, 147, 691, 763, 763.1, 781, 920.1, 922, 969.1, 1277,1
1278, 1285, 1326, 1518, 1745.15, 1747, 1806, 2156.1, 2406, 2505.1, 3481, 3507.12
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mills HB No. 1262
Abstract: Provides for hearings of the La. State Board of Nursing. Authorizes the
executive director of the board to appoint a panel to hear charges of violations of
board requirements. Authorizes the board to access, receive, and utilize any records
within the custody of certain agencies relative to the board's investigation or
administrative proceeding involving one of its licensees, applicants for a license, or
applicants to enter or progress in a clinical nursing program. Requires certain law
enforcement agencies to notify the board of arrests of its licensees, applicants for
licenses, and applicants entering or progressing in nursing programs. Provides for
hearing procedures for the board, including voting and burden of evidence for
penalties such as the revocation of licenses and fines. Provides that certain records
of licensees, applicants for licenses, and applicants to enter or progress in a nursing
program are not subject to public records law; however, the board may share certain
information with health care regulatory agencies and law enforcement authorities.
Provides for annual reporting.
Present law provides for a process for the executive director of the La. State Board of
Nursing to initiate a hearing for an individual charged with a violation under the board's
regulations and provides for a method to notify the individual who is charged with the
violation.
Proposed law retains present law and provides that the executive director may appoint a
panel of three or more board members to hear the charges. If no panel is appointed, the
charges shall be heard by no less than a quorum of the board members.
Proposed law authorizes the board to access, receive, and utilize any records within the
custody of DSS, any prosecutive, investigative, or law enforcement authority identified in
state law, as well as any regulatory agency concerning the board's investigation or
administrative proceeding involving one of its licensees, applicants for a license, or
applicants to enter or progress in a clinical nursing program. Proposed law further provides
that a written request by the board for these records is sufficient to access, receive, and
utilize these records, although the board may issue an administrative subpoena for the
records to be produced prior to or at the hearing.
Proposed law requires that, upon the arrest of any person determined by a prosecutive,
investigative, or law enforcement authority to be a licensee of the board, applicant for a
license issued by the board, or an applicant to enter or progress in a clinical nursing program,
the authority shall notify the board of the arrest within 10 days of the determination and
forward a copy of any arrest report to the board.
Proposed law provides for hearing procedures and provides that an affirmative vote by a
majority of the members present at the hearing shall be required for a disposition, action, or
decision. HLS 10RS-1816 ENGROSSED
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Proposed law provides that any disciplinary actions for a licensee, applicant for a license,
or applicant to enter or progress in a clinical nursing program shall be supported by a
preponderance of the evidence. Any rehearing that is granted must be held before a quorum
of the board.
Proposed law provides that all related documents and records contained within the board's
files pertaining to one of the board's licensees, applicants for a license, or applicants to enter
or progress in a clinical nursing program shall be nonpublic, confidential, and non-
discoverable; however, the board may share this information with certain regulatory and law
enforcement authorities upon written request.
Proposed law retains present law and requires the board, in its annual report, to state the
nature and number of the various violations of the board's regulations. The board may
maintain confidentiality of an individual nurse who violates a provision when the public
interest is best served by alternatives to the disciplinary process.
Proposed law provides that certain records of the board are not subject to public records law.
(Amends R.S. 37:922(A), (D), and (E) and R.S. 44:4.1(B)(21); Adds R.S. 37:922(F) and
(G))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Deleted the provision that a majority of the appointed panel shall constitute a
quorum for a board hearing on a complaint.