HLS 19RS-677 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 196
BY REPRESENTATIVE FALCONER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BOARDS/COMMISSIONS: Exempts the Louisiana Professional Engineering and Land
Surveying Board and the State Board of Architectural Examiners from time
limitations for disciplinary proceedings by professional and occupational boards and
commissions
1 AN ACT
2To enact R.S. 37:21(C), relative to professions and occupations; to provide for exceptions
3 to time limitations after which disciplinary proceedings shall not be instituted by
4 professional or occupational boards and commissions; to provide with respect to
5 complaint notification and hearing time limitations; to provide with respect to the
6 Louisiana Professional Engineering and Land Surveying Board; to provide with
7 respect to the State Board of Architectural Examiners; and to provide for related
8 matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 37:21(C) is hereby enacted to read as follows:
11 ยง21. Limitations on disciplinary proceedings by professional or occupational boards
12 and commissions
13 * * *
14 C. The provisions of Paragraph (A)(5) shall not apply to the following:
15 (1) The Louisiana Professional Engineering and Land Surveying Board.
16 (2) The State Board of Architectural Examiners.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-677 ENGROSSED
HB NO. 196
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 196 Engrossed 2019 Regular Session Falconer
Abstract: Provides that the La. Professional Engineering and Land Surveying Board and
the State Board of Architectural Examiners shall not be subject to certain time
limitations after which disciplinary proceedings shall be initiated by a professional
board or commission pursuant to a complaint.
Present law provides that no proceeding by a professional or occupational board shall be
brought after two years from discovery of the complaint or after five years in any
circumstance for any complaint based on negligence, gross negligence, or intentional acts
or omissions. Proposed law retains present law.
Present law provides that no proceeding by a professional or occupational board shall be
brought after two years from discovery if the complaint is based on fraud. Proposed law
retains present law.
Present law provides that no proceeding by a professional or occupational board shall be
brought after five years after the date of a license or rules violation. Proposed law retains
present law.
Present law requires that when a complaint is filed with a professional or occupational board
or commission, the board or commission shall notify the licensee in writing within six
months or be barred from further action on the complaint. Proposed law exempts the La.
Professional Engineering and Land Surveying Board and the State Board of Architectural
Examiners from present law.
Present law further requires that when a complaint is filed with an occupational or
professional board, a hearing shall be held within six months of the notice of the hearing,
barring any interruption by the filing of any motion. Proposed law exempts the La.
Professional Engineering and Land Surveying Board and the State Board of Architectural
Examiners from present law.
(Adds R.S. 37:21(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Remove the La. Professional Engineering and Land Surveying Board and the
State Board of Architectural Examiners from the list of professional and
occupational boards exempt from the time limits to initiate disciplinary
proceedings based on negligence, an intentional act or omission, or a rules
violation in present law.
2. Remove the La. Professional Engineering and Land Surveying Board and the
State Board of Architectural Examiners from the requirement that a licensee be
notified within six months of a complaint being filed with a professional or
occupational board or commission or be barred from further action on the
complaint.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-677 ENGROSSED
HB NO. 196
3. Exempt the La. Professional Engineering and Land Surveying Board and the
State Board of Architectural Examiners from the requirement that when a
complaint is filed with an occupational or professional board, a hearing shall be
held within six months of the notice of the hearing, barring any interruption by
the filing of a motion.
4. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.