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Regular Session, 2012
HOUSE BILL NO. 349
BY REPRESENTATIVE DIXON
DENTISTRY: Amends the Dental Practice Act
AN ACT1
To amend and reenact R.S. 37:757(B), 760(A)(4)(b) and (9), 780(B)(1) and (3), 786(G), and2
786.1(A)(1) and to enact R.S. 37:760(A)(16), relative to the Dental Practice Act; to3
provide for the provision of dental records in compliance with statutory law; to4
clarify the board's powers and duties to impose fines under certain circumstances;5
to authorize the board to defend employees, agents, or contractors in a lawsuit under6
certain circumstances; to clarify that the committee's administrative fine covers all7
of the board's costs from the start of the investigation through administrative8
hearings, judicial review, and appeals; to specify that the issuance of a stay of a9
board decision does not harm the Louisiana State Board of Dentistry; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 37:757(B), 760(A)(4)(b) and (9), 780(B)(1) and (3), 786(G), and13
786.1(A)(1) are hereby amended and reenacted and R.S. 37:760(A)(16) is hereby enacted14
to read as follows: 15
§757. Patient records16
* * *17
B. The dentist shall maintain, and preserve, and provide copies of the dental18
treatment records in conformity with R.S. 40:1299.96.19
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§760. Powers and duties of the board1
A. The board shall exercise, subject to the provisions of this Chapter, the2
following powers and duties:3
* * *4
(4)5
* * *6
(b) In addition to the power powers and duties granted in Subparagraph (a)7
of this Paragraph, the board may, in its discretion, impose a fine , but shall impose8
liability for all of the board's costs generated by its investigation, prosecution,9
judicial review, and appeal of the proceedings, including but not limited to attorney10
fees, investigative fees and expenses, witness fees and expenses, stenographic costs,11
and the per diem and expenses of the committee members, against any person12
licensed under pursuant to this Chapter or any unlicensed person when evidence has13
been presented showing the person is in violation of any of the provisions of this14
Chapter.15
* * *16
(9) The president, or in his discretion, any member of the board may execute,17
on a case-by-case basis, any affidavit, petition, or subpoena necessary to the issuance18
of any injunction, declaratory judgment, or other legal process authorized under19
pursuant to this Part, including but not limited to a petition in any court of competent20
jurisdiction for a money judgment for any and all fines and costs payable pursuant21
to a final administrative adjudication decision or ratified consent decree. This22
authorization is remedial and shall have retroactive effect.23
* * *24
(16) Undertake the defense of any employee, agent, or contractor in any25
lawsuit that arises from the performance of the individual's employment or26
fulfillment of their contract with the board provided that the complained of action27
that is the subject of the lawsuit arises from any action approved by the board and28
undertaken or performed by such person within the scope of the duties, powers, and29 HLS 12RS-247 ORIGINAL
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functions of the board and when such person is acting without malice and in the1
reasonable belief that the action is warranted. The defense obligation described in2
this Paragraph shall not occur unless and until the Louisiana attorney general has3
been notified of the pending action in accordance with R.S. 13:5108.1 and has4
determined that the state of Louisiana will not provide a defense to the employee,5
agent, or contractor.6
* * *7
§780. Hearing; notice; penalty; interest8
* * *9
B.(1) The committee hearing the charge may cause the testimony adduced10
to be reduced to writing or stenographic record. Should the committee after due11
hearing find that the charges filed against the licensee or the unlicensed person are12
sustained by clear and convincing evidence, it may revoke, suspend, restrict, fine,13
place on probation, reprimand, or admonish, or any or all of the above, the licensed14
dentist or licensed dental hygienist. The committee may levy an administrative fine,15
but it shall assess all of the board's costs of the committee, from the start of the16
investigation through an administrative hearing, judicial review, and any appeals,17
including but not limited to attorney fees, investigative fees and expenses, witness18
fees and expenses, and stenographic costs as set forth in the following Paragraph in19
this Section, against the licensee or the unlicensed person.20
* * *21
(3) After the a hearing wherein a charge, or a number of charges, is proven22
by clear and convincing evidence, and even if there is no fine imposed, the23
unlicensed person, the licensed dentist, or licensed dental hygienist shall pay, not24
later than the thirtieth day after the decision is made by the committee, all costs, from25
the start of the investigation through an administrative hearing, judicial review, and26
any appeals, of the committee proceedings, including but not limited to stenographer27
fees, attorney fees, investigative fees and expenses, witness fees and expenses, and28
the per diem and expenses of the committee members. If, for any reason, the money29 HLS 12RS-247 ORIGINAL
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portion of the committee's decision is not paid by the unlicensed person, licensed1
dentist, or licensed dental hygienist for fines and costs imposed pursuant to this2
Section, the board may recover any and all reasonable attorney fees in association3
with the collection of them.4
* * *5
§786. Judicial review of adjudication6
* * *7
G. If before the date set for hearing application is made to the court for leave8
to present additional evidence, and it is shown to the satisfaction of the court that the9
additional evidence is material and that there were good reasons for failure to present10
it in the proceeding before the board, the court may order that the additional evidence11
be taken before the board upon conditions determined by the court. The board may12
modify its findings and decisions by reason of the additional evidence and shall file13
that evidence and any modifications, new findings, or decisions with the review 14
reviewing court.15
* * *16
§786.1. Stay of board decision17
A. Absent agreement of counsel for all parties, no stay of enforcement of a18
decision issued under R.S. 37:780 or for a violation of R.S. 37:788, during the19
pendency of an appeal under R.S. 37:786 shall be granted unless the civil district20
court for the parish of Orleans finds that the applicant has established:21
(1) That the issuance of the stay does not threaten harm to other interested22
parties, including the Louisiana State Board of Dentistry, and persons for whom the23
applicant may render dental or dental hygiene services.24
* * *25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28 HLS 12RS-247 ORIGINAL
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
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)]
Dixon HB No. 349
Abstract: Revises the Dental Practice Act relative to the provision of dental treatment
records, the imposition of fines, the defense of employees, and the application of stay
orders.
Present law (R.S. 37:757(B)) requires a dentist to maintain and preserve dental treatment
records in conformity with state law.
Proposed law further requires a dentist to provide copies of the dental treatment records in
accordance with state law.
Present law (R.S. 37:760(A)(4)(b)) authorizes the board to impose a fine against any licensee
or unlicensed person.
Proposed law specifies that the fine in present law must include liability for all of the board's
costs resulting from the investigation, prosecution, judicial review, and appeal of the
proceedings, including but not limited to attorney fees, investigative fees and expenses,
witness fees and expenses, stenographic costs, and the per diem and expenses of the
committee members.
Present law (R.S. 37:760(A)(9)) authorizes the board president or his board assignee to
execute an affidavit, petition, or subpoena necessary for the issuance of any injunction or
other legal process authorized under the law, including but not limited to a petition in any
court of competent jurisdiction for a money judgment for any and all fines and costs payable
pursuant to a final administrative adjudication decision or ratified consent decree.
Proposed law adds authority for the board president or his board assignee to execute a
declaratory judgment in addition to the other legal processes available under present law.
Proposed law (R.S. 37:760(A)(16)) authorizes the board to defend any employee, agent, or
contractor in any lawsuit that arises from the performance of the individual's employment
or fulfillment of their contract with the board provided that the complained of action that is
the subject of the lawsuit arises from any action approved by the board and undertaken or
performed by such person within the scope of the duties, powers, and functions of the board
and when such person is acting without malice and in the reasonable belief that the action
was warranted. Further, provides that the defense obligation described cannot occur until
the La. attorney general has been notified of the pending action in accordance with state law
and has determined that the state will not provide a defense to the employee, agent, or
contractor.
Present law (R.S. 37:780(B)(1)) authorizes the committee hearing a charge to levy an
administrative fine which includes all costs of the committee, including attorney fees,
investigative fees and expenses, witness fees and expenses, and stenographic costs against
the licensee or unlicensed person. HLS 12RS-247 ORIGINAL
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Proposed law modifies present law by specifying that the administrative fine levied by the
committee must cover all the board's costs from the start of the investigation through an
administrative hearing, judicial review, and any appeals.
Present law (R.S. 37:780(B)(3)) provides that once charges are proven, the unlicensed
person, the licensed dentist, or licensed dental hygienist must pay all costs of the committee
proceedings, including but not limited to stenographer fees, attorney fees, investigative fees
and expenses, witness fees and expenses, and the per diem and expenses of committee
members.
Proposed law specifies that the person adjudged guilty is responsible for all costs from the
start of the investigation through an administrative hearing, judicial review, and any appeals.
Present law (R.S. 37:780(G)) provides that if before the date set for hearing application is
made to the court for leave to present additional evidence, and it is shown to the satisfaction
of the court that the additional evidence is material and that there were good reasons for
failure to present it in the proceeding before the board, the court may order that the
additional evidence be taken before the board upon conditions determined by the court.
Further, allows the board to modify its findings and decisions by reason of the additional
evidence and requires that they file that evidence and any modifications, new findings, or
decisions with the review court.
Proposed law makes a technical change to present law.
Present law (R.S. 37:786.1(A)(1)) provides that the issuance of a stay of enforcement of a
board decision does not threaten harm to other interested parties, including persons for
whom the applicant may render dental or dental hygiene services.
Proposed law specifies that the stay of enforcement does not threaten harm to the La. State
Board of Dentistry.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:757(B), 760(A)(4)(b) and (9), 780(B)(1) and (3), 786(G), and 786.1(A)(1);
Adds R.S. 37:760(A)(16))