Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB192 Introduced / Bill

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Regular Session, 2012
SENATE BILL NO. 192
BY SENATOR ADLEY 
FEES/LICENSES/PERMITS.  Provides for licensure of individuals with military training
and their spouses.  (8/1/12)
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 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;8
licensure by endorsement for military spouses; temporary9
license; expedited process10
A. Notwithstanding any other provision of law to the contrary, a11
professional or occupational licensing board shall issue a license, certification,12
or registration to a military-trained applicant to allow the applicant to lawfully13
practice the applicant's occupation in this state if, upon application to the14
board, the applicant satisfies all of the following conditions:15
(1) Has completed a military program of training, been awarded a16
military occupational specialty, and performed in that specialty at a level that17 SB NO. 192
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is substantially equivalent to or exceeds the requirements for licensure,1
certification, or registration of the professional or occupational licensing board2
for which the applicant is seeking licensure, certification, or registration in this3
state.4
(2) Has engaged in the active practice of the occupation for which the5
person is seeking a license, certification, or permit from the board.6
(3) Holds a current license, certification, or registration from another7
jurisdiction, and that jurisdiction's requirements for licensure, certification, or8
registration are substantially equivalent to or exceed the requirements for9
licensure, certification, or registration in this state.10
(4) Has not committed any act in any jurisdiction that would have11
constituted grounds for refusal, suspension, or revocation of a license to practice12
that occupation in this state at the time the act was committed.13
B. Notwithstanding any other provision of law, a professional or14
occupational licensing board shall issue a license, certification, or registration15
to a military spouse to allow the military spouse to lawfully practice the military16
spouse's occupation in this state, if, upon application to a professional or17
occupational licensing board, the military spouse satisfies all of the following18
conditions:19
(1) Holds a current license, certification, or registration from another20
jurisdiction, and that jurisdiction's requirement for licensure, certification, or21
registration are substantially equivalent to or exceed the requirements for22
licensure, certification, or registration in this state.23
(2) Can demonstrate competency in the occupation through methods as24
determined by the board, such as having completed continuing education units25
or having had recent experience.26
(3) Has not committed any act in any jurisdiction that would have27
constituted grounds for refusal, suspension, or revocation of a license to practice28
that occupation in this state at the time the act was committed.29 SB NO. 192
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(4) Is in good standing and has not been disciplined by the agency that1
had jurisdiction to issue the license, certification, or permit in this state.2
C.  A professional or occupational licensing board shall issue a3
temporary practice permit to a military-trained applicant or military spouse4
licensed, certified, or registered in another jurisdiction while the military-5
trained applicant or military spouse is satisfying the requirements for licensure6
under the provisions of this Section, if that jurisdiction has licensure,7
certification, or registration standards substantially equivalent to the standards8
for licensure, certification, or registration of a professional or occupational9
licensing board in this state. The military-trained applicant or military spouse10
may practice under the temporary permit until a license, certification, or11
registration is granted or until a notice to deny a license, certification, or12
registration is issued in accordance with rules that shall be promulgated by the13
applicable professional or occupational licensing board.14
D. An individual possessing a temporary practice permit under the15
provisions of this Section shall receive priority processing of their application16
for license, certification, or registration, in accordance with rules that shall be17
promulgated by the applicable professional or occupational licensing board.18
E. A professional or occupational licensing board shall adopt rules in19
accordance with the Administrative Procedure Act necessary to implement this20
Section.21
F. Nothing in this Section shall be construed to prohibit a military-22
trained applicant or military spouse from proceeding under the existing23
licensure, certification, or registration requirements established by a24
professional or occupational licensing board in this state.25
G. For the purposes of this Section, "professional or occupational26
licensing board" shall mean any state agency, board, commission, or27
substantially similar entity, involved in the licensing, certification, or28
registration, of any regulated profession or occupation within the state of29 SB NO. 192
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Louisiana.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
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 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)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.
(4)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 the proposed law, if that jurisdiction
has licensure, certification, or registration standards substantially equivalent to the standards SB NO. 192
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for licensure, certification, or registration in this state. 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 an individual possessing a temporary practice permit under the
provisions of the 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 this Section.
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 Louisiana.
Effective August 1, 2012.
(Adds R.S. 37:3650)