Louisiana 2012 2012 Regular Session

Louisiana House Bill HB732 Engrossed / Bill

                    HLS 12RS-1269	ENGROSSED
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 732
BY REPRESENTATIVES HENRY BURNS AND LORUSSO
MILITARY AFFAIRS: Provides for licensure of individuals with military training and their
spouses
AN ACT1
To enact R.S. 37:3650, relative to professions and occupations; to provide for certain2
licensure of individuals with military training and experience; to provide for terms,3
conditions, procedures, and requirements; to provide for licensure by endorsement4
for spouses of such individuals; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 37:3650 is hereby enacted to read as follows: 7
ยง3650. Licensure for individuals with military training and experience; licensure by8
endorsement for military spouses; temporary license; expedited process9
A. Notwithstanding any other provision of law to the contrary, a professional10
or occupational licensing board shall issue a license, certification, or registration to11
a military-trained applicant to allow the applicant to lawfully practice the applicant's12
occupation in this state if, upon application to the board, the applicant satisfies all13
of the following conditions:14
(1) Has completed a military program of training, been awarded a military15
occupational specialty, and performed in that specialty at a level that is substantially16
equivalent to or exceeds the requirements for licensure, certification, or registration17
of the professional or occupational licensing board for which the applicant is seeking18
licensure, certification, or registration in this state.19
(2) Has engaged in the active practice of the occupation for which the person20
is seeking a license, certification, or permit from the board.21 HLS 12RS-1269	ENGROSSED
HB NO. 732
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) Has not committed any act in any jurisdiction that would have constituted1
grounds for refusal, suspension, or revocation of a license to practice that occupation2
in this state at the time the act was committed.3
B. Notwithstanding any other provision of law, a professional or4
occupational licensing board shall issue a license, certification, or registration to a5
military-trained applicant to allow the individual to lawfully practice an occupation6
in this state if, upon application to a professional or occupational licensing board, the7
individual holds a current license, certification, or registration from another8
jurisdiction and that jurisdiction's requirements for licensure, certification, or9
registration are substantially equivalent to or exceed the requirements for licensure,10
certification, or registration in this state.11
C. Notwithstanding any other provision of law, a professional or12
occupational licensing board shall issue a license, certification, or registration to a13
military spouse to allow the military spouse to lawfully practice the military spouse's14
occupation in this state, if, upon application to a professional or occupational15
licensing board, the military spouse satisfies all of the following conditions:16
(1) Holds a current license, certification, or registration from another17
jurisdiction, and that jurisdiction's requirement for licensure, certification, or18
registration are substantially equivalent to or exceed the requirements for licensure,19
certification, or registration in this state.20
(2) Can demonstrate competency in the occupation through methods as21
determined by the board, such as having completed continuing education units or22
having had recent experience.23
(3) Has not committed any act in any jurisdiction that would have constituted24
grounds for refusal, suspension, or revocation of a license to practice that occupation25
in this state at the time the act was committed.26
(4)  Is in good standing and has not been disciplined by the agency that had27
jurisdiction to issue the license, certification, or permit.28 HLS 12RS-1269	ENGROSSED
HB NO. 732
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. A professional or occupational licensing board shall issue a temporary1
practice permit to a military-trained applicant or military spouse licensed, certified,2
or registered in another jurisdiction while the military-trai ned applicant or military3
spouse is satisfying the requirements for licensure under the provisions of this4
Section, if that jurisdiction has licensure, certification, or registration standards5
substantially equivalent to the standards for licensure, certification, or registration6
of a professional or occupational licensing board in this state. The military-trained7
applicant or military spouse may practice under the temporary permit until a license,8
certification, or registration is granted or until a notice to deny a license,9
certification, or registration is issued in accordance with rules that shall be10
promulgated by the applicable professional or occupational licensing board.11
E. An individual possessing a temporary practice permit under the provisions12
of this Section shall receive priority processing of their application for license,13
certification, or registration, in accordance with rules that shall be promulgated by14
the applicable professional or occupational licensing board.15
F. A professional or occupational licensing board shall adopt rules in16
accordance with the Administrative Procedure Act necessary to implement this17
Section.18
G. Nothing in this Section shall be construed to prohibit a military-trained19
applicant or military spouse from proceeding under the existing licensure,20
certification, or registration requirements established by a professional or21
occupational licensing board in this state.22
H. For the purposes of this Section, "professional or occupational licensing23
board" shall mean any state agency, board, commission, or substantially similar24
entity, involved in the licensing, certification, or registration of any regulated25
profession or occupation within the state of Louisiana.26 HLS 12RS-1269	ENGROSSED
HB NO. 732
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Henry Burns	HB No. 732
Abstract: Provides for licensure of individuals with military training and their spouses.
Proposed law provides that individuals with military training and experience shall be granted
a license, certification, or registration to lawfully practice an occupation by the appropriate
professional or occupational licensing board in this state if the individual satisfies all of the
following conditions:
(1)Has completed a military program of training, been awarded a military occupational
specialty, and performed in that specialty at a level that is substantially equivalent
to or exceeds the requirements for licensure, certification, or registration of the
professional or occupational licensing board for which the applicant is seeking
licensure, certification, or registration in this state.
(2)Has engaged in the active practice of the occupation for which the person is seeking
a license, certification, or permit from the professional or occupational licensing
board.
(3)Has not committed any act in any jurisdiction that would have constituted grounds
for refusal, suspension, or revocation of a license to practice that occupation in this
state at the time the act was committed.
Proposed law provides that spouses of individuals with military training and experience shall
be granted a license, certification, or registration to lawfully practice an occupation by the
appropriate professional or occupational licensing board in this state if the spouse satisfies
the following conditions:
(1)Holds a current license, certification, or registration from another jurisdiction, and
that jurisdiction's requirements for licensure, certification, or registration are
substantially equivalent to or exceed the requirements for licensure, certification, or
registration in this state.
(2)Can demonstrate competency in the occupation through methods as determined by
the board, such as having completed continuing education units or having had recent
experience.
(3)Has not committed any act in any jurisdiction that would have constituted grounds
for refusal, suspension, or revocation of a license to practice that occupation in this
state at the time the act was committed.
(4)Is in good standing and has not been disciplined by the agency that had jurisdiction
to issue the license, certification, or permit.
Proposed law provides that a professional or occupational licensing board shall issue a
temporary practice permit to a military-trained applicant or military spouse licensed,
certified, or registered in another jurisdiction while the military-trained applicant or military
spouse is satisfying the requirements for licensure under proposed law, if that jurisdiction
has licensure, certification, or registration standards substantially equivalent to the standards
for licensure, certification, or registration in this state. Proposed law further provides that the
military-trained applicant or military spouse may practice under the temporary permit until HLS 12RS-1269	ENGROSSED
HB NO. 732
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
a license, certification, or registration is granted or until a notice to deny a license,
certification, or registration is issued in accordance with rules that shall be promulgated by
the applicable professional or occupational licensing board.
Proposed law provides that individuals possessing a temporary practice permit under the
provisions of proposed law shall receive priority processing of their application for license,
certification, or registration, in accordance with rules that shall be promulgated by the
applicable professional or occupational licensing board.
Proposed law provides that a professional or occupational licensing board shall adopt rules
necessary to implement proposed law.
Proposed law defines "professional or occupational licensing board" as any state agency,
board, commission, or substantially similar entity, involved in the licensing, certification,
or registration of any regulated profession or occupation within the state of La.
(Adds R.S. 37:3650)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Made technical changes.
2. Required a professional or occupational board to issue an individual a license,
certification, or registration if the individual has completed a military program
of training, been awarded a military occupational specialty, and performed in that
specialty at a level that is substantially equivalent to or exceeds the requirements
for licensure, certification, or registration, has engaged in the active practice of
the occupation, and has not committed any act in any jurisdiction that would
have constituted grounds for refusal, suspension, or revocation of a license to
practice that occupation in this state at the time the act was committed or if the
individual holds a current license, certification, or registration from another
jurisdiction with requirements for licensure, certification, or registration that are
substantially equivalent to or exceed the requirements for licensure, certification,
or registration in this state.
3. Required a military spouse to be in good standing and to have not been
disciplined by the agency that had jurisdiction to issue the license, certification,
or permit in order to have the license, certification, or permit be recognized by
a professional or occupational board in this state.