Louisiana § RS 37:21 - Limitations on disciplinary proceedings by professional or occupational boards and commissions

§ RS 37:21. Limitations on disciplinary proceedings by professional or occupational boards and commissions

            A.(1) Unless a special law is applicable, no proceeding of any kind may be initiated by a professional or occupational board or commission as follows:

            (a) If the nature of the complaint is based on negligence or gross negligence, no proceeding may be initiated after two years from discovery by the complainant. However, under no circumstances shall such a proceeding be initiated more than five years from the date of the act or omission.

            (b) If the nature of the complaint is based on an intentional act or omission, no proceeding may be initiated after two years from discovery by the complainant. However, under no circumstances shall such a proceeding be initiated more than five years from the date of the act or omission.

            (c) If the nature of the complaint is based on fraud, no proceeding may be initiated after two years from discovery by the complainant.

            (d) If the nature of the complaint is based on a license or rules violation, no proceeding may be initiated after five years from the date of the act or omission.

            (2) In all cases where a complaint is filed with a professional or occupational board or commission, the board or commission shall notify the licensee who is specifically named in the complaint as the subject of the complaint in writing of the complaint within six months after the filing of the complaint or be barred from further action thereon. The board or commission shall hold any required hearing within six months after the notice of the hearing, but this period may be interrupted by the filing of procedural motions or suspended as provided in Paragraph (3) of this Subsection.

            (3) The time periods provided in this Subsection are suspended 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. For the purposes of this Subsection, "legal action" includes litigation, arbitration, mediation, administrative proceeding, or other disciplinary proceeding.

            B. The provisions of this Section shall not apply to the following:

            (1) The Louisiana State Board of Medical Examiners.

            (2) The Louisiana State Board of Dentistry.

            (3) A certified public accountant.

            (4) Repealed by Acts 2023, No. 381, §2.

            (5) The Louisiana State Board of Embalmers and Funeral Directors.

            (6) The Louisiana Board of Examiners for Speech-Language Pathology and Audiology.

            (7) The Louisiana Board of Pharmacy.

            (8) The Louisiana State Board of Nursing.

            (9) The Louisiana State Board of Social Work Examiners.

            (10) The Louisiana Physical Therapy Board.

            (11) The Louisiana State Board of Practical Nurse Examiners.

            C. The provisions of Paragraph (A)(2) of this Section with respect to the time of hearing only shall not apply to the following:

            (1) The Louisiana Professional Engineering and Land Surveying Board.

            (2) The State Board of Architectural Examiners.

            Acts 1995, No. 1289, §1; Acts 1999, No. 781, §1; Acts 2012, No. 625, §1, eff. June 7, 2012; Acts 2015, No. 195, §1; Acts 2016, No. 368, §1; Acts 2018, No. 206, §3; Acts 2019, No. 281, §1; Acts 2022, No. 296, §1; Acts 2023, No. 381, §2.