HLS 14RS-497 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 245
BY REPRESENTATIVE DIXON
DENTISTRY: Amends provisions of the Dental Practice Act relative to penalties
AN ACT1
To amend and reenact R.S. 37:754(B), 780(B)(2) through (4), 786(D)(2), and 793(C)(1) and2
to enact R.S. 37:780(B)(5), relative to dentistry; to delete the requirement regarding3
the legal custodian of property of the Louisiana State Board of Dentistry; to4
authorize the collection of legal interest on unpaid fines; to authorize the collection5
of legal interest on unpaid costs; to provide for security furnished prior to judicial6
review; to make technical corrections; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 37:754(B), 780(B)(2) through (4), 786(D)(2), and 793(C)(1) are9
hereby amended and reenacted and R.S. 37:780(B)(5) is enacted to read as follows: 10
§754. Organization of the board; seal; records; meetings 11
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B. The board shall have an official seal and shall keep proper minutes and13
records of all its proceedings, which shall be open at all reasonable times to public14
inspection. The board shall make a complete record of the names and addresses and15
license numbers of persons licensed as dentists and dental hygienists, and of all16
licenses revoked by it. A transcript of the minutes and record entries, certified by the17
secretary-treasurer under the seal of the board, shall be evidence of the facts therein18 HLS 14RS-497 ORIGINAL
HB NO. 245
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stated. The secretary-treasurer shall be the legal custodian of all property, money,1
minutes, records, proceedings, and seal of the board.2
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§780. Hearing; notice; penalty; interest4
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B.6
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(2) Any fine imposed pursuant to this Section shall not be less than five8
hundred dollars nor more than five thousand dollars for each offense. If the fine9
levied by the committee is not paid in full by the unlicensed person or licensee10
within thirty days of service of the administrative decision, the board shall be entitled11
to legal interest as provided in R.S. 9:3500 on the unpaid portion from the date of12
imposition of the penalty until paid.13
(3) After a hearing wherein a charge, or a number of charges, is proven by14
clear and convincing evidence, and even if there is no fine imposed, the unlicensed15
person, the licensed dentist, or licensed dental hygienist shall pay, not later than the16
thirtieth day after the decision is made by the committee, all costs, from the start of17
the investigation through an administrative hearing, judicial review, and any appeals,18
including but not limited to stenographer fees, attorney fees, investigative fees and19
expenses, witness fees and expenses, and the per diem and expenses of the20
committee members, as detailed in a recapitulation of said costs provided by the21
board to the licensee or unlicensed person. The unlicensed person, the licensed22
dentist, or licensed dental hygienist shall pay legal interest as provided in R.S.23
9:3500 on the costs imposed pursuant to this Subsection. The legal interest shall24
begin thirty days after the written recapitulation, with supporting documentation of25
those costs, is served on the unlicensed person or licensee and shall continue to26
accrue until the costs are paid in full.27
(4) If, for any reason, the money portion of the committee's decision is not28
paid by the unlicensed person, licensed dentist, or licensed dental hygienist for fines29 HLS 14RS-497 ORIGINAL
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and costs imposed pursuant to this Section, the board may recover any and all1
reasonable attorney fees in association with the collection of them.2
(4) (5) The committee shall release to the public the result of any decision3
rendered by it after it has become final.4
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§786. Judicial review of adjudication6
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D.8
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(2) Any security furnished under the provisions of this Section shall be in10
favor of the board clerk of court for the judicial district in which the proceeding was11
brought and shall be furnished as security for the judicial review of the complaining12
party in civil district court and any judgment by the district court against him shall13
be paid or satisfied from the proceeds of the sale of his property, or from the security14
posted under the provisions of this Section. Mortgages on immovable property are15
adequate security, but only where the mortgage is applied to unencumbered16
immovables; mortgages in other than a first position are unacceptable as security17
under this Section.18
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§793. Nitrous oxide inhalation analgesia; enteral moderate sedation; parenteral20
sedation; deep sedation; general anesthesia; definitions; permits; credentials;21
reporting; fees; limitations; exceptions22
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C.(1) When nitrous oxide inhalation analgesia, enteral moderate sedation,24
parenteral moderate sedation, deep sedation, or general anesthesia are used in a25
dental practice, board authorization shall be obtained in compliance with board rules26
and regulations to ensure that these procedures are performed in a properly staffed,27
designed, and equipped facility capable of handling the procedures, problems, and28
emergency incidents emergencies incident thereto for the level of anesthesia29 HLS 14RS-497 ORIGINAL
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administered. Adequacy of the facility and competence of the anesthesia team shall1
be determined by the board through the use of qualified anesthesia consultants.2
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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)]
Dixon HB No. 245
Abstract: Authorizes the collection of legal interest on unpaid fines and costs levied by the
La. State Board of Dentistry.
Present law creates the La. State Board of Dentistry and provides for the composition of the
board, its powers and duties, and required meetings.
Proposed law retains present law.
Present law requires the secretary-treasurer of the board to be the legal custodian of all
property, money, minutes, records, proceedings, and seal of the board.
Proposed law repeals present law.
Present law authorizes the board to investigate and hold an administrative hearing when a
violation of present law has been committed by a licensee of the board or unlicensed person
practicing dentistry in this state. Present law further authorizes the board to impose a fine
not less than $500 nor more than $5,000 for each offense committed by the licensee or
unlicensed person practicing dentistry in this state.
Proposed law retains present law and adds the requirement that, if the fine is not paid in full
by the licensee or unlicensed person within 30 days of service of the administrative decision,
the board shall be entitled to legal interest on the unpaid portion from the date of imposition
of the penalty until paid.
Present law requires the licensee or unlicensed person, after a hearing wherein a charge is
proven by clear and convincing evidence, to pay, not later than the 30th day after the
decision is made by the committee, all costs from the start of the investigation through an
administrative hearing, judicial review, and any appeals, including but not limited to
stenographer fees, attorney fees, investigative fees and expenses, witness fees and expenses,
and the per diem and expenses of the committee members, as detailed in a recapitulation of
the costs provided by the board to the licensee or unlicensed person.
Proposed law retains present law.
Proposed law requires the licensee or unlicensed person to pay legal interest on the costs
imposed pursuant to proposed law.
Proposed law provides that the legal interest shall begin 30 days after the written
recapitulation, with supporting documentation of those costs, is served on the unlicensed
person or licensee and shall continue to accrue until the costs are paid in full. HLS 14RS-497 ORIGINAL
HB NO. 245
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are additions.
Present law authorizes the board, if for any reason the money portion of the hearing
committee's decision is not paid by the licensee or unlicensed person, to recover any and all
reasonable attorney fees in association with the collection of them.
Proposed law retains present law.
Present law requires the disciplinary committee to release to the public the result of any
decision rendered by it after it has become final.
Proposed law retains present law.
Present law authorizes the party aggrieved by a board decision in an administrative
adjudication, whether through a disciplinary committee or the entire board, to seek judicial
review in the civil district court for the parish of Orleans.
Proposed law retains present law.
Present law requires the party seeking judicial review to furnish security from which any
judgment by the district court against the party seeking judicial review will be paid.
Proposed law retains present law.
Present law requires any security furnished to be in favor of the board and to be furnished
as security for the judicial review of the complaining party in civil district court.
Proposed law retains present law but changes the party of whom the security furnished shall
be in the favor from the board to the clerk of court for the judicial district in which the
proceeding was brought by the board.
Present law requires board authorization to be obtained when nitrous oxide inhalation
analgesia, enteral moderate sedation, parenteral moderate sedation, deep sedation, or general
anesthesia are used in a dental practice to ensure that these procedures are performed in a
properly staffed, designed, and equipped facility capable of handling the procedures,
problems, and emergencies incident thereto for the level of anesthesia administered.
Proposed law retains present law but makes a technical correction.
(Amends R.S. 37:754(B), 780(B)(2)-(4), 786(D)(2), and 793(C)(1); Adds R.S. 37:780(B)(5))