2006 Louisiana Laws - RS 37:21 — Limitations on disciplinary proceedings by professional or occupational boards and commissions
CHAPTER 1-A. PROFESSIONS AND
OCCUPATIONS IN GENERAL
§21. Limitations on disciplinary proceedings by professional or occupational boards and commissions
A. Unless a special law is applicable, no proceeding of any kind may be initiated by a professional or occupational board or commission as follows:
(1) 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.
(2) 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.
(3) If the nature of the complaint is based on fraud, no proceeding may be initiated after two years from discovery by the complainant.
(4) 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.
(5) In all cases where a complaint is filed with a professional or occupational board or commission, the board or commission shall notify the licensee 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.
B. The provisions of this Section shall not apply to the following:
(1) A physician licensed to practice medicine.
(2) A dentist, dental hygienist, or any person practicing dentistry or dental hygiene with or without a license.
(3) A certified public accountant.
(4) The Louisiana Cemetery Board.
(5) The Louisiana State Board of Embalmers and Funeral Directors.
(6) The Louisiana Board of Examiners for Speech Pathology and Audiology.
Acts 1995, No. 1289, §1; Acts 1999, No. 781, §1.
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