Provides relative to the expungement of certain adjudication records (EN NO IMPACT See Note)
Summary
HB 682 creates a new process allowing certain Louisiana professional and occupational licensing boards, especially the Louisiana Board of Pharmacy, to rescind prior adverse board action and expunge related adjudication records in limited circumstances. The bill applies when the Attorney General issues a written opinion concluding that the board relied on an erroneous interpretation of law, or when an adjudication ends without a finding that the licensee violated the law. For pharmacy permit holders, it also covers situations where an employee pharmacist committed a regulatory violation or criminal act without the permit holder’s knowledge or consent, the permit holder promptly terminated and reported the pharmacist, and no other agency took adverse action against the permit holder.
Impact
The bill amends the public records law to add new confidentiality and exemption provisions for expunged board records under R.S. 37:1249.1 and R.S. 49:980.1. It requires boards to remove expunged materials from public access, keep them confidential and nonpublic, and send void reports to third-party databanks such as the National Practitioner Data Bank when an adverse action is rescinded. The measure affects pharmacists, pharmacy permit holders, and other licensees regulated by Title 37 professional and occupational boards, while preserving the records internally for the board and without destroying them.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the Legislature. It passed the House 93-0, the Senate 33-0, and the House concurrence vote 92-0, indicating unanimous or near-unanimous approval at each stage. The caption also notes no fiscal impact, which likely contributed to the positive reception.
Contention
The main policy issue is the balance between fairness to licensees and transparency in professional discipline. Support for the bill is reflected in its broad passage, but the underlying concern is that expungement and confidentiality could limit public access to records of board proceedings and adverse actions. The bill addresses that concern by limiting relief to specific circumstances, requiring a formal request and board review, and preserving the records for the board rather than destroying them.