SLS 12RS-633 ENGROSSED Page 1 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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, or performed in that specialty at a level that is17 SB NO. 192 SLS 12RS-633 ENGROSSED Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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) Has not committed any act in any jurisdiction that would have7 constituted grounds for refusal, suspension, or revocation of a license to practice8 that occupation in this state at the time the act was committed.9 B. Notwithstanding any other provision of law to the contrary, a10 professional or occupational licensing board shall issue a license, certification,11 or registration to a military-trained applicant to allow the individual to lawfully12 practice his occupation in this state, if, upon application to a professional or13 occupational licensing board, the individual holds a current license,14 certification, or registration from another jurisdiction, and that jurisdiction's15 requirements for licensure, certification, or registration are substantially16 equivalent to or exceed the requirements for licensure, certification, or17 registration in this state.18 C. Notwithstanding any other provision of law, a professional or19 occupational licensing board shall issue a license, certification, or registration20 to a military spouse to allow the military spouse to lawfully practice the military21 spouse's occupation in this state, if, upon application to a professional or22 occupational licensing board, the military spouse satisfies all of the following23 conditions:24 (1) Holds a current license, certification, or registration from another25 jurisdiction, and that jurisdiction's requirement for licensure, certification, or26 registration are substantially equivalent to or exceed the requirements for27 licensure, certification, or registration in this state.28 (2) Can demonstrate competency in the occupation through methods as29 SB NO. 192 SLS 12RS-633 ENGROSSED Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. determined by the board, such as having completed continuing education units1 or having had recent experience.2 (3) Has not committed any act in any jurisdiction that would have3 constituted grounds for refusal, suspension, or revocation of a license to practice4 that occupation in this state at the time the act was committed.5 (4) Is in good standing and has not been disciplined by the agency that6 had jurisdiction to issue the license, certification, or permit.7 D. A professional or occupational licensing board shall issue a8 temporary practice permit to a military-trained applicant or military spouse9 licensed, certified, or registered in another jurisdiction while the military-10 trained applicant or military spouse is satisfying the requirements for licensure11 under the provisions of this Section, if that jurisdiction has licensure,12 certification, or registration standards substantially equivalent to the standards13 for licensure, certification, or registration of a professional or occupational14 licensing board in this state. The military-trained applicant or military spouse15 may practice under the temporary permit until a license, certification, or16 registration is granted or until a notice to deny a license, certification, or17 registration is issued in accordance with rules that shall be promulgated by the18 applicable professional or occupational licensing board.19 E. An individual possessing a temporary practice permit under the20 provisions of this Section shall receive priority processing of their application21 for license, certification, or registration, in accordance with rules that shall be22 promulgated by 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 this25 Section.26 G. Nothing in this Section shall be construed to prohibit a military-27 trained applicant or military spouse from proceeding under the existing28 licensure, certification, or registration requirements established by a29 SB NO. 192 SLS 12RS-633 ENGROSSED Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. professional or occupational licensing board in this state.1 H. For the purposes of this Section, "professional or occupational2 licensing board" shall mean any state agency, board, commission, or3 substantially similar entity, involved in the licensing, certification, or4 registration, of any regulated profession or occupation within the state of5 Louisiana.6 The original instrument was prepared by Heyward Jeffers. The following digest, which does not constitute a part of the legislative instrument, was prepared by Michelle Ducharme. DIGEST Adley (SB 192) 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, or 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 notwithstanding any other provision of law to the contrary, a professional or occupational licensing board shall issue a license, certification, or registration to a military-trained applicant to allow the individual to lawfully practice his 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 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. SB NO. 192 SLS 12RS-633 ENGROSSED Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 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) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Commerce, Consumer Protection, and International Affairs to the original bill. 1. Changes the requirements for a military-trained applicant to receive a license, certification, or registration from having completed a military program of training, been awarded a military occupational speciality, and performed in that speciality at a certain level to having either completed a military program of training, been awarded a military occupation speciality, or performed in that speciality at a certain level. 2. Provides that a military-trained applicant shall be able to obtain a license, certification, or registration from a professional or occupational licensing board if the applicant holds a license, certification, or registration from another jurisdiction and that jurisdiction's licensing, certification, or registration standards are substantially equivalent to or exceeds the licensing, certification, or registration standards in Louisiana.