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Regular Session, 2012
SENATE BILL NO. 192
BY SENATORS ADLEY, ALARIO, ALLAIN, AMEDEE, APPEL, BROOME, CORTEZ,
CROWE, DONAHUE, DORSEY-COLOMB, HEITMEIER, JOHNS,
KOSTELKA, LAFLEUR, LONG, MURRAY, PEACOCK, RI SER,
GARY SMITH, TARVER, THOMPSON, WALSWORTH AND WARD
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 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;9
licensure by endorsement for military spouses; temporary10
license; expedited process11
A. Notwithstanding any other provision of law to the contrary, a12
professional or occupational licensing board shall issue a license, certification,13
or registration to a military-trained applicant to allow the applicant to lawfully14
practice the applicant's occupation in this state if, upon application to the15
board, the applicant satisfies all of the following conditions:16
(1) Has completed a military program of training, been awarded a17 SB NO. 192
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military occupational specialty, or performed in that specialty at a level that is1
substantially equivalent to or exceeds the requirements for licensure,2
certification, or registration of the professional or occupational licensing board3
for which the applicant is seeking licensure, certification, or registration in this4
state.5
(2) Has engaged in the active practice of the occupation for which the6
person is seeking a license, certification, or permit from the board.7
(3) Has not been disciplined in any jurisdiction that would have8
constituted grounds for refusal, suspension, or revocation of a license to practice9
that occupation in this state at the time the act was committed.10
B. 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 his occupation in this state, if, upon application to a professional or14
occupational licensing board, the applicant holds a current license, certification,15
or registration from another jurisdiction, and that jurisdiction's requirements16
for licensure, certification, or registration are substantially equivalent to or17
exceed the requirements for licensure, certification, or 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
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determined by the board, such as having completed continuing education units1
or having had recent experience.2
(3) Has not been disciplined 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. Each professional or19
occupational licensing board shall adopt rules in accordance with the20
Administrative Procedure Act for the issuance of a temporary practice permit21
and such rules shall ensure the public health and safety.22
E. An individual possessing a temporary practice permit under the23
provisions of this Section shall receive priority processing of their application24
for license, certification, or registration, in accordance with rules that shall be25
promulgated by the applicable professional or occupational licensing board.26
F. A professional or occupational licensing board shall adopt rules in27
accordance with the Administrative Procedure Act necessary to implement the28
provisions of this Section.29 SB NO. 192
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G. Nothing in this Section shall be construed to prohibit a military-1
trained applicant or military spouse from proceeding under the existing2
licensure, certification, or registration requirements established by a3
professional or occupational licensing board in this state.4
H. For the purposes of this Section, "professional or occupational5
licensing board" shall mean any state agency, board, commission, or6
substantially similar entity, involved in the licensing, certification, or7
registration, of any regulated profession or occupation within the state of8
Louisiana.9
I. The provisions of this Section shall not apply to any applicant10
receiving a dishonorable discharge or a military spouse whose spouse received11
a dishonorable discharge.12
J. The provisions of this Section shall not apply to a license issued and13
regulated under the authority of the judicial branch of government.14
The original instrument was prepared by Heyward Jeffers. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
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 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 provides that notwithstanding any other provision of law to the contrary, a
professional or occupational licensing board shall issue a license, certification, or registration SB NO. 192
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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 applicant
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.
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 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. Requires each professional or occupational licensing board
to adopt rules in accordance with the Administrative Procedure Act for the issuance of a
temporary practice permit and requires such rules to ensure the public health and safety.
Proposed law provides that an individual 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 a professional or occupational licensing board to adopt rules
necessary to implement the provisions of 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 Louisiana.
Proposed law provides that the provisions of proposed law shall not apply to any applicant
receiving a dishonorable discharge or a military spouse whose spouse received a
dishonorable discharge. Further provides that proposed law shall not apply to a license
issued and regulated under the authority of the judicial branch of government. SB NO. 192
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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.
Senate Floor Amendments to engrossed bill.
1. Make technical changes.
2. Require each professional or occupational licensing board to adopt rules in
accordance with the Administrative Procedure Act for the issuance of a
temporary practice permit, and require such rules to ensure the public health
and safety.
3. Prohibit licensure of any applicant receiving a dishonorable discharge or a
military spouse whose spouse received a dishonorable discharge.
4. Exempt a license issued and regulated under the authority of the judicial
branch of government.