AI-assisted research summary: A licensed person may ask the board to rescind and expunge certain adverse board actions or adjudication records if the stated conditions are met; the board must then process the request and keep expunged records confidential.
§980.1. Board action rescission and expungement of adjudication records; procedure; confidentiality A.(1) Notwithstanding any provision of law to the contrary, a person who holds or has held an occupational license issued by a professional occupational license board created under Title 37 of the Louisiana Revised Statutes of 1950 may request board action rescission and expungement of adjudication proceeding records relative to board action resulting in an adverse report to the National Practitioner Data Bank if the attorney general issues a written opinion that the interpretation of law relied upon by the professional occupational licensure board and which resulted in the adverse action was erroneous. (2) Notwithstanding any provision of law to the contrary, a person who holds or has held an occupational license issued by a professional occupational licensure board created under Title 37 of the Louisiana Revised Statutes of 1950 may request board action rescission and expungement of adjudication proceeding records relative to board adjudication proceedings filed against the person in which it is alleged that the person violated one or more provisions of law if at the conclusion of the adjudication proceedings there is no finding that the person violated the law. B.(1) A person who seeks expungement pursuant to this Section shall file with the professional occupational licensure board a written request for board action rescission and expungement setting forth the facts that demonstrate that the applicable requirements of Subsection A of this Section are satisfied. (2)(a) The professional occupational licensure board shall consider the request and if the facts stated in the request demonstrate that the applicable requirements of Subsection A of this Section are satisfied, the professional occupational licensure board shall enter into an order rescinding the applicable board action and expunging the adjudication proceeding records relative to the adverse action or proceedings. The professional occupational licensure board may enter into a nondisciplinary stipulated order with the licensee to rescind the adverse board action and expunge the related board records, which shall state the provisions of Subsection A of this Section that authorize the board action rescission and expungement. (b) If the order of expungement involves records of the division of administrative law, the professional occupational licensure board shall ensure that the order of expungement is served on the director of the division of administrative law as soon as practicable after issuance. C.(1) Upon rescission of adverse board action and expungement of related records, the board shall remove from public access all stipulations, agreed settlements, consent orders, board orders, and adjudication proceeding records that are ordered to be expunged; however, the records shall not be destroyed. (2)(a) Expunged adverse actions and any related adjudication proceeding records shall be privileged, confidential, are no longer considered public records, and shall not be made available to any person or entity other than the professional occupational licensure board. (b) All records concerning a request to rescind adverse board action and expunge board records shall be confidential and shall not be made available to any person or other entity, except that such record shall be available to the professional occupational licensure board. D. The professional occupational licensure board shall submit a void report to any third-party data bank to which the board action had been reported to stating that the action of the board has been fully and unequivocally rescinded and that no record of violation exists for the licensee as it relates to the board stipulation, agreed settlement, consent order, or board order for the specific matter that was the subject of the rescission. Acts 2025, No. 229, §2.