Louisiana 2019 2019 Regular Session

Louisiana House Bill HB196 Comm Sub / Analysis

                    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 Reengrossed 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. 
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.