RDCSB37 2709 3236
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)]
SB 37 Engrossed 2017 Regular Session Martiny
Present law (R.S. 37:2353) provides for the prescriptive period for the La. State Board of
Examiners of Psychologists (board) to conduct hearings upon complaints concerning the
disciplining of a psychologist. No disciplinary proceeding shall be commenced more than
one year after the date upon which the board knows or should know of the act or omission
upon which the disciplinary action is based.
Proposed law removes from present law the one year prescriptive period.
Present law (R.S. 37:21) provides for a prescriptive periods for boards and commission to
commence disciplinary actions.
Proposed law provides that the board will comply with the prescriptive periods of R.S.
37:21.
Present law provides authority for a hearing fee to be assessed by the Louisiana State Board
of Examiners of Psychologists in disciplinary matters.
Proposed law provides that the hearing fee may include reasonable costs and fees for the
hearing, including legal fees, stenographer, investigator, staff, witness fees, and any costs
incurred on judicial review and appeal. Proposed law further provides that the board may
assess reasonable costs and fees, not to exceed $10,000.00, when a disciplinary action is
resolved by settlement, consent decree or other informal resolution.
Present law requires a license applicant to have one year of post-doctoral experience.
Proposed law provides that the board may consider a substitution of experience, in
accordance with board rules, for a psychologist who has practiced for five years in another
state with no disciplinary actions. This experience may serve as a substitute for one year of
post-doctoral experience.
Present law provides that a person has 30 days to pay reasonable costs to the board for the
disciplinary hearings.
Proposed law increases the number of days a person has to pay reasonable costs for the
disciplinary hearing and informal resolutions from 30 to 90 days.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:2353(C)(5), 2354(B)(1), 2356(A)(6), and 2359(C); adds R.S. 37:21(B)(12)
and 2354(B)(4) and (5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Requires the board to adhere to the prescriptive periods of R.S. 37:21.
2. Caps the informal resolution fee to $10,000.00.
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3. Increases the number of days a person has to pay reasonable costs to the
board for disciplinary hearings or informal resolutions from 30 to 90 days.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the engrossed bill:
1. Relocate within present law provisions of proposed law relative to hearing fees
and informal resolution fees.
2. Make technical changes.
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