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-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.
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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.