Louisiana 2012 2012 Regular Session

Louisiana House Bill HB732 Enrolled / Bill

                    ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 732
BY REPRESENTATIVES HENRY BURNS, ADAMS, ANDERS, ARNOLD, BADON,
BARROW, BERTHELOT, BROWN, TIM BURNS, BURRELL, CARTER,
CHANEY, CONNICK, COX, CROMER, EDWARDS, FOIL, GAINES,
GAROFALO, GISCLAIR, GREENE, GUINN, HARRIS, HARRISON, HAVARD,
HAZEL, HILL, HODGES, HOFFMANN, HOLLI S, 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 AND SENATORS
ADLEY, ALARIO, ALLAIN, AMEDEE, APPEL, BROWN, BUFFINGTON,
CHABERT, CLAITOR, CROWE, DONAHUE, DORSEY-COLOMB, ERDEY,
GUILLORY, JOHNS, KOSTELKA, LAFLEUR, LONG, MILLS, MORRELL,
MURRAY, NEVERS, PEACOCK, PETERSON, RISER, JOHN SMITH, TARVER,
THOMPSON, WALSWORTH, WARD, AND WHI TE
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 ENROLLEDHB NO. 732
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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 for an act that would have6
constituted grounds for refusal, suspension, or revocation of a license to practice that7
occupation 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 ENROLLEDHB NO. 732
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(3) Has not been disciplined in any jurisdiction for an act that would have1
constituted grounds for refusal, suspension, or revocation of a license to practice that2
occupation 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 issued4
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
certification, or registration requirements established by a professional or29
occupational licensing board in this state.30 ENROLLEDHB NO. 732
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H. For the purposes of this Section, "professional or occupational licensing1
board" shall mean any state agency, board, commission, or substantially similar2
entity, involved in the licensing, certification, or registration of any regulated3
profession or occupation within the state of Louisiana.4
I. The provisions of this Section shall not apply to any applicant receiving5
a dishonorable discharge or a military spouse whose spouse received a dishonorable6
discharge.7
J. The provisions of this Section shall not apply to a license issued and8
regulated under the authority of the judicial branch of government.9
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: