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Regular Session, 2012
HOUSE BILL NO. 732
BY REPRESENTATIVES HENRY BURNS, ADAMS, ANDERS, ARNOL D, BADON,
BARROW, BERTHELOT, BROWN, TI M BURNS, BURRELL, CARTER,
CHANEY, CONNICK, COX, CROMER, EDWARDS, FOIL, GAINES,
GAROFALO, GISCLAIR, GREENE, GUINN, HARRIS, HARRISON, HAVARD,
HAZEL, HILL, HODGES, HOFFMANN, HOLLIS, HONORE, HUNTER,
KATRINA JACKSON, JAMES, JEFFERSON, JONES, KLECKLEY, TERRY
LANDRY, LEBAS, LEOPOLD, LIGI, LORUSSO, MACK, MILLER, MORENO,
JAY MORRIS, NORTON, PIERRE, PONTI, POPE, PRICE, PUGH, REYNOLDS,
RICHARD, RICHARDSON, RITCHIE, SCHEXNAYDER, SCHRODER,
SEABAUGH, SHADOIN, SMITH, ST. GERMAIN, THIERRY, THOMPSON,
WHITNEY, PATRICK WILLIAMS, AND WILLMOTT
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 certain exceptions; to provide4
for licensure by endorsement for spouses of such individuals; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:3650 is hereby enacted to read as follows: 8
ยง3650. Licensure for individuals with military training and experience; licensure by9
endorsement for military spouses; temporary license; expedited process10
A. Notwithstanding any other provision of law to the contrary, a professional11
or occupational licensing board shall issue a license, certification, or registration to12
a military-trained applicant to allow the applicant to lawfully practice the applicant's13
occupation in this state if, upon application to the board, the applicant satisfies all14
of the following conditions:15
(1) Has completed a military program of training, been awarded a military16
occupational specialty, and performed in that specialty at a level that is substantially17 HLS 12RS-1269 REENGROSSED
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equivalent to or exceeds the requirements for licensure, certification, or registration1
of the professional or occupational licensing board for which the applicant is seeking2
licensure, certification, or registration in this state.3
(2) Has engaged in the active practice of the occupation for which the person4
is seeking a license, certification, or permit from the board.5
(3) Has not been disciplined in any jurisdiction that would have constituted6
grounds for refusal, suspension, or revocation of a license to practice that occupation7
in this state at the time the act was committed.8
B. Notwithstanding any other provision of law, a professional or9
occupational licensing board shall issue a license, certification, or registration to a10
military-trained applicant to allow the applicant to lawfully practice an occupation11
in this state if, upon application to a professional or occupational licensing board, the12
applicant holds a current license, certification, or registration from another13
jurisdiction and that jurisdiction's requirements for licensure, certification, or14
registration are substantially equivalent to or exceed the requirements for licensure,15
certification, or registration in this state.16
C. Notwithstanding any other provision of law, a professional or17
occupational licensing board shall issue a license, certification, or registration to a18
military spouse to allow the military spouse to lawfully practice the military spouse's19
occupation in this state, if, upon application to a professional or occupational20
licensing board, the military spouse satisfies all of the following conditions:21
(1) Holds a current license, certification, or registration from another22
jurisdiction, and that jurisdiction's requirement for licensure, certification, or23
registration are substantially equivalent to or exceed the requirements for licensure,24
certification, or registration in this state.25
(2) Can demonstrate competency in the occupation through methods as26
determined by the board, such as having completed continuing education units or27
having had recent experience.28 HLS 12RS-1269 REENGROSSED
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(3) Has not been disciplined 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
(4) Is in good standing and has not been disciplined by the agency that had4
jurisdiction to issue the license, certification, or permit.5
D. A professional or occupational licensing board shall issue a temporary6
practice permit to a military-trained applicant or military spouse licensed, certified,7
or registered in another jurisdiction while the military-trained applicant or military8
spouse is satisfying the requirements for licensure under the provisions of this9
Section, if that jurisdiction has licensure, certification, or registration standards10
substantially equivalent to the standards for licensure, certification, or registration11
of a professional or occupational licensing board in this state. The military-trained12
applicant or military spouse may practice under the temporary permit until a license,13
certification, or registration is granted or until a notice to deny a license,14
certification, or registration is issued in accordance with rules that shall be15
promulgated by the applicable professional or occupational licensing board. Each16
professional and occupational licensing board shall adopt rules in accordance with17
the Administrative Procedure Act for the issuance of a temporary practice permit and18
such rules shall ensure the public health and safety.19
E. An individual possessing a temporary practice permit under the provisions20
of this Section shall receive priority processing of their application for license,21
certification, or registration, in accordance with rules that shall be promulgated by22
the applicable professional or occupational licensing board.23
F. A professional or occupational licensing board shall adopt rules in24
accordance with the Administrative Procedure Act necessary to implement the25
provisions of this Section.26
G. Nothing in this Section shall be construed to prohibit a military-trained27
applicant or military spouse from proceeding under the existing licensure,28 HLS 12RS-1269 REENGROSSED
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certification, or registration requirements established by a professional or1
occupational licensing board in this state.2
H. For the purposes of this Section, "professional or occupational licensing3
board" shall mean any state agency, board, commission, or substantially similar4
entity, involved in the licensing, certification, or registration of any regulated5
profession or occupation within the state of Louisiana.6
I. The provision of this Section shall not apply to any applicant receiving a7
dishonorable discharge or a military spouse whose spouse received a dishonorable8
discharge.9
J. The provisions of this Section shall not apply to a license issued and10
regulated under the authority of the judicial branch of government.11
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 applicant 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 been disciplined 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 requires a professional or occupational licensing board to issue a license,
certification, or registration to a military-trained applicant to allow the applicant to lawfully
practice an occupation in this state if, upon application to a professional or occupational
licensing board, the individual holds a current license, certification, or registration from
another jurisdiction and that jurisdiction's requirements for licensure, certification, or HLS 12RS-1269 REENGROSSED
HB NO. 732
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are additions.
registration are substantially equivalent to or exceed the requirements for licensure,
certification, or registration in this state.
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 been disciplined 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
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 requires each professional and occupational licensing board to adopt rules for
the issuance of a temporary practice permit and requires the rules to ensure the public health
and safety.
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.
Proposed law does not apply to any applicant receiving a dishonorable discharge or a
military spouse whose spouse received a dishonorable discharge.
Proposed law does not apply to any license issued and regulated under the authority of the
judicial branch of government.
(Adds R.S. 37:3650) HLS 12RS-1269 REENGROSSED
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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.
House Floor Amendments to the engrossed bill.
1. Made technical amendments.
2. Changed the requirement that the military-trained applicant has not committed
any act in any jurisdiction that would have constituted grounds for refusal,
suspension, or revocation of a license in this state to a requirement that the
applicant has not been disciplined in any jurisdiction that would have constituted
grounds for refusal, suspension, or revocation of a license in this state.
3. Requires each professional and occupational licensing board to adopt rules for
the issuance of a temporary practice permit and requires the rules to ensure the
public health and safety.
4. Exempts any applicant receiving a dishonorable discharge or a military spouse
whose spouse received a dishonorable discharge.
5. Exempts any license issued and regulated under the authority of the judicial
branch of government.