The original instrument was prepared by Michelle D. Ridge. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Tammy Crain-Waldrop.
DIGEST
SB 260 Reengrossed 2018 Regular Session Milkovich
Present law provides relative to powers and duties of professional licensing boards and commissions.
Present law provides relative to disciplinary actions by boards and commissions.
Proposed law allows a person who has a disciplinary action brought against him by a professional
licensing board or commission may elect to have the matter moved to the division of administrative
law for a disciplinary adjudication by an administrative law judge.
Proposed law requires that the notification to a person by a board or commission of pending
disciplinary action against him shall include language advising him that he may elect to have the
matter heard by an administrative law judge.
Proposed law provides that the notice from the board to the person shall also advise the person that
he has 30 days from receipt of the notice to advise the board, in writing, whether or not he elects to
have the matter heard by an administrative law judge.
Proposed law provides that professional licensing boards and commissions and the division of
administrative law may promulgate rules in accordance with the Administrative Procedure Act to
implement proposed law.
Present law provides that state professional and occupational licensing boards shall be exempt from
laws relating to the division of administrative law.
Proposed law provides that if a person elects to have his disciplinary hearing before an
administrative law judge, he will be subject to the provisions of law pertaining to administrative law
judge proceedings.
Proposed law provides that any board or commission within Title 37 of the La. Revised Statutes of
1950 may develop a process to issue a license, permit, or certificate outside the national examination
for those individuals with an Americans with Disabilities Act recognized disorder.
Proposed law exempts the Louisiana State Bar Association, its members, or any matter initiated by
the Louisiana Attorney Disciplinary Board from the provisions of proposed law.
Effective August 1, 2018.
(Amends R.S. 49:992(D)(5); adds R.S. 37:21.1, 23.1, and R.S. 49:992.2) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Allows boards and commissions to develop a licensing, permitting, or certification
process for individuals with an ADA recognized disability.
Senate Floor Amendments to engrossed bill
1. Exempts the La. State Bar Association, its members, and the La. Attorney
Disciplinary Board.