SLS 22RS-54 ORIGINAL
2022 Regular Session
SENATE BILL NO. 106
BY SENATOR LUNEAU
FEES/LICENSES/PERMITS. Provides relative to disciplinary proceedings by a
professional or occupational board or commission. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 37:21(A), relative to professional and occupational boards and
3 commissions; to provide for suspension of disciplinary proceedings; to provide for
4 terms, conditions, and procedures; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 37:21(A) is hereby amended and reenacted to read as follows:
7 §21. Limitations on disciplinary proceedings by professional or occupational boards
8 and commissions
9 A.(1) Unless a special law is applicable, no proceeding of any kind may be
10 initiated by a professional or occupational board or commission as follows:
11 (1)(a) If the nature of the complaint is based on negligence or gross
12 negligence, no proceeding may be initiated after two years from discovery by the
13 complainant. However, under no circumstances shall such a proceeding be initiated
14 more than five years from the date of the act or omission.
15 (2)(b) If the nature of the complaint is based on an intentional act or
16 omission, no proceeding may be initiated after two years from discovery by the
17 complainant. However, under no circumstances shall such a proceeding be initiated
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 106
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1 more than five years from the date of the act or omission.
2 (3)(c) If the nature of the complaint is based on fraud, no proceeding may be
3 initiated after two years from discovery by the complainant.
4 (4)(d) If the nature of the complaint is based on a license or rules violation,
5 no proceeding may be initiated after five years from the date of the act or omission.
6 (5)(e) In all cases where a complaint is filed with a professional or
7 occupational board or commission, the board or commission shall notify the licensee
8 who is specifically named in the complaint as the subject of the complaint in writing
9 of the complaint within six months after the filing of the complaint or be barred from
10 further action thereon. The board or commission shall hold any required hearing
11 within six months after the notice of the hearing, but this period may be interrupted
12 by the filing of procedural motions or suspended as provided in Paragraph (2) of
13 this Subsection.
14 (2) The time periods provided in this Subsection are suspended during
15 the pendency of a legal action involving the licensee as a party or witness if the
16 complaint arises from the same facts giving rise to the legal action or arises
17 from the licensee's activities in the legal action. For the purposes of this
18 Subsection, "legal action" includes litigation, arbitration, mediation,
19 administrative proceeding, or other disciplinary proceeding.
20 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 106 Original 2022 Regular Session Luneau
Present law provides limitations on the initiation of disciplinary proceedings by professional
or occupational boards and commissions. Present law does not apply to the Board of Medical
Examiners, Board of Dentistry, Cemetery Board, Board of Embalmers and Funeral
Directors, Board of Examiners for Speech-Language Pathology and Audiology, Board of
Pharmacy, Board of Nursing, Board of Social Work Examiners, Physical Therapy Board,
Board of Practical Nurse Examiners, and certified public accountants.
Proposed law retains present law provisions and suspends the time periods for the initiation
of disciplinary proceeding by certain boards and commissions during the pendency of a legal
action involving the licensee as a party or witness if the complaint arises from the same facts
giving rise to the legal action or arises from the licensee's activities in the legal action.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 106
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Proposed law defines "legal action".
Effective August 1, 2022.
(Amends R.S. 37:21(A))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.