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)]
HB 918 Original 2016 Regular Session Willmott
Abstract: Exempts the La. State Board of Practical Nurse Examiners from certain limitations on
disciplinary proceedings and authorizes the board to obtain certain criminal history record
information from its applicants.
Present law provides that unless a special law is applicable, no proceeding of any kind may be
initiated by a professional or occupational board or commission as follows:
(1)If the nature of the complaint is based on negligence or gross negligence, no proceeding may
be initiated after two years from discovery by the complainant. However, under no
circumstances shall such a proceeding be initiated more than five years from the date of the
act or omission.
(2)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, under no
circumstances shall such a proceeding be initiated more than five years from the date of the
act or omission.
(3)If the nature of the complaint is based on fraud, no proceeding may be initiated after two
years from discovery by the complainant.
(4)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.
(5)In all cases where a complaint is filed with a professional or occupational board or
commission, the board or commission shall notify the licensee 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 may be interrupted by the filing of procedural motions.
Present law exempts certain professional and occupational boards and commissions from the
limitations of present law above. Proposed law retains present law and adds the La. State Board of
Practical Nurse Examiners, referred to hereafter as the "board", as a board which is exempt from the
above limitations.
Proposed law authorizes the board to require any applicant requesting issuance, renewal, or
reinstatement of any license or permit from the board, including permission to enroll as a student in a clinical nursing course, to submit a full set of fingerprints as a condition of the board's
consideration of his application.
Present law provides that upon request by the board, the La. Bureau of Criminal Identification and
Information of the office of state police shall conduct a search of its criminal history record
information relative to the person applying to the board and report the results of its search to the
board within 60 days after receipt of the request.
Proposed law retains present law and provides that if the criminal history record information reported
by the La. Bureau of Criminal Identification and Information does not provide grounds for
disqualification of the applicant for licensure under the applicable law administered by the board,
the board shall have the authority to forward the applicant's fingerprints and such other identifying
information as may be required to the Federal Bureau of Investigation with a request for a search of
national criminal history record information relative to the applicant.
(Amends R.S. 37:969(B)(intro. para.) and (4)(a) and (c) and 969.1(B)-(D); Adds R.S. 37:21(B)(11)
and 969(B)(4)(d))