HB 376

With regard to state licensing boards, including health-related boards, th is bill prohibits the following:  A person from being excluded from membership on the board on the basis of race, color, ethnicity, or national origin.  A person from being subjected to discrimination on the basis of race, color, ethnicity, or national origin as a member of the board.  The board from establish ing or operat ing under race-based policies pertaining to the composition of such entities, including policies on affirmative action, racial preferences, or racial quotas.  The board from us ing a person's race, color, ethnicity, or national origin to determine the person's participation as a member of the board , and t he use of aggregated data concerning the race, color, ethnicity, or national origin of such persons to make such decisions. CAUSE OF ACTIO N This bill establishe s a private cause of action (i) against a board that violates the prohibitions above and (ii) against any officer, employee, or agent of the board for violating those prohibitions . However if such officer, employee, or agent can es tablish by clear and convincing evidence that they acted at the direction of the board, or any superior officer, employee, or agent of the board , then the cause of action must lie against the board, the officer, the employee, the agent, or a combination of such parties. REMEDIES This bill authorizes a plaintiff to seek to recover (i) a ctual or compensatory damages sustained by the plaintiff; and (ii) p unitive damages, if the plaintiff demonstrates that the board or other parties discriminated against the person intentionally or with reckless indifference to the protected rights of the plaintiff. The plaintiff must prove damages by a preponderance of the evidence. Additionally, the plaintiff may seek injunctive and declaratory relief , and t he state waive s sovereign immunity. In an award of damages resulting from an action brought by a plaintiff, this bill provides that the defendant is strictly liable to the plaintiff for a minimum of $4,000 in statutory damages, independent of any actual or compensator y damages sustained by the plaintiff as a result of a violation of this bill .