ENROLLED
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ACT No. 491
Regular Session, 2012
HOUSE BILL NO. 349
BY REPRESENTATIVE DIXON
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
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B. The dentist shall maintain, and preserve, and provide copies of the dental18
treatment records in conformity with R.S. 40:1299.96.19
* * *20
§760. Powers and duties of the board21
A. The board shall exercise, subject to the provisions of this Chapter, the22
following powers and duties:23
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(4)1
* * *2
(b) In addition to the power powers and duties granted in Subparagraph (a)3
of this Paragraph, the board may, in its discretion, impose a fine, but shall impose4
liability for all of the board's costs generated by its investigation, prosecution,5
judicial review, and appeal of the proceedings, including but not limited to attorney6
fees, investigative fees and expenses, witness fees and expenses, stenographic costs,7
and the per diem and expenses of the committee members, against any person8
licensed under pursuant to this Chapter or any unlicensed person when evidence has9
been presented showing the person is in violation of any of the provisions of this10
Chapter.11
* * *12
(9) The president, or in his discretion, any member of the board may execute,13
on a case-by-case basis, any affidavit, petition, or subpoena necessary to the issuance14
of any injunction, declaratory judgment, or other legal process authorized under15
pursuant to this Part, including but not limited to a petition in any court of competent16
jurisdiction for a money judgment for any and all fines and costs payable pursuant17
to a final administrative adjudication decision or ratified consent decree. This18
authorization is remedial and shall have retroactive effect.19
* * *20
(16) Undertake the defense of any employee, agent, or contractor in any21
lawsuit that arises from the performance of the individual's employment or22
fulfillment of their contract with the board, provided that the complained-of action23
that is the subject of the lawsuit arises from any action approved by the board and24
undertaken or performed by such person within the scope of the duties, powers, and25
functions of the board and when such person is acting without malice and in the26
reasonable belief that the action is warranted. The defense obligation described in27
this Paragraph shall not occur unless and until the Louisiana attorney general has28
been notified of the pending action in accordance with R.S. 13:5108.1 and has29 ENROLLEDHB NO. 349
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determined that the state of Louisiana will not provide a defense to the employee,1
agent, or contractor.2
* * *3
§780. Hearing; notice; penalty; interest4
* * *5
B.(1) The committee hearing the charge may cause the testimony adduced6
to be reduced to writing or stenographic record. Should the committee after due7
hearing find that the charges filed against the licensee or the unlicensed person are8
sustained by clear and convincing evidence, it may revoke, suspend, restrict, fine,9
place on probation, reprimand, or admonish, or any or all of the above, the licensed10
dentist or licensed dental hygienist. The committee may levy an administrative fine,11
but it shall assess all of the board's costs of the committee, from the start of the12
investigation through an administrative hearing, judicial review, and any appeals,13
including but not limited to attorney fees, investigative fees and expenses, witness14
fees and expenses, and stenographic costs as set forth in the following Paragraph in15
this Section, against the licensee or the unlicensed person. Any costs assessed by the16
committee shall not include costs related solely to a charge in a formal complaint in17
a disciplinary proceeding instituted by the board which is later dismissed or not18
proven at an administrative adjudication. Nothing in this Paragraph shall prohibit19
the board from assessing eligible costs related to additional violations when the20
investigation of a complaint leads to the discovery of such additional violations21
proven at an administrative adjudication. Should the person contend that some costs22
assessed by the committee are attributable solely to allegations dismissed or not23
proven, he may file within thirty days of his receipt of the costs claimed a motion to24
traverse assessment of those costs in accordance with applicable board rules.25
* * *26
(3) After the a hearing wherein a charge, or a number of charges, is proven27
by clear and convincing evidence, and even if there is no fine imposed, the28
unlicensed person, the licensed dentist, or licensed dental hygienist shall pay, not29
later than the thirtieth day after the decision is made by the committee, all costs, from30 ENROLLEDHB NO. 349
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the start of the investigation through an administrative hearing, judicial review, and1
any appeals, of the committee proceedings, including but not limited to stenographer2
fees, attorney fees, investigative fees and expenses, witness fees and expenses, and3
the per diem and expenses of the committee members, as detailed in a recapitulation4
of said costs provided by the board to the licensee or unlicensed person. If, for any5
reason, the money portion of the committee's decision is not paid by the unlicensed6
person, licensed dentist, or licensed dental hygienist for fines and costs imposed7
pursuant to this Section, the board may recover any and all reasonable attorney fees8
in association with the collection of them.9
* * *10
§786. Judicial review of adjudication11
* * *12
G. If before the date set for hearing application is made to the court for leave13
to present additional evidence, and it is shown to the satisfaction of the court that the14
additional evidence is material and that there were good reasons for failure to present15
it in the proceeding before the board, the court may order that the additional evidence16
be taken before the board upon conditions determined by the court. The board may17
modify its findings and decisions by reason of the additional evidence and shall file18
that evidence and any modifications, new findings, or decisions with the review 19
reviewing court.20
* * *21
§786.1. Stay of board decision22
A. Absent agreement of counsel for all parties, no stay of enforcement of a23
decision issued under R.S. 37:780 or for a violation of R.S. 37:788, during the24
pendency of an appeal under R.S. 37:786 shall be granted unless the civil district25
court for the parish of Orleans finds that the applicant has established:26
(1) That the issuance of the stay does not threaten harm to other interested27
parties, including the Louisiana State Board of Dentistry, and persons for whom the28
applicant may render dental or dental hygiene services.29
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: