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Prepared by Michelle Ducharme.
Leger HB No. 1273
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
LICENSING. Provides relative to the issuance of provisional licenses to ex-offenders
in order to work in certain fields
DIGEST
Proposed law provides that an entity, with certain exceptions, issuing licenses for persons
to engage in certain fields of work pursuant to state law shall issue either a full license or a
provisional license to an otherwise qualified applicant who has been convicted of a certain
offense or offenses.
Proposed law provides that the licensing entity issuing a provisional license shall determine
the term for which the provisional license shall be valid; however, in no event shall a
provisional license issued pursuant to proposed law be valid for fewer than 90 days or more
than 360 days.
Proposed law provides that the licensing entity may require up to two years to have passed
since an applicant's last conviction or release from incarceration in order for the applicant to
qualify for the provisional license.
Proposed law provides that an ex-offender who is on community supervision and who is
issued a provisional license pursuant to proposed law shall provide the licensing entity the
name and contact information of the probation or parole department to which he reports.
Proposed law provides that the licensing entity shall notify the probation or parole
department and court in which the holder's offense was adjudicated that a provisional license
has been issued to the ex-offender.
Proposed law provides that the licensing entity may revoke the provisional license issued
pursuant to proposed law if the holder commits any of the following:
(1)A new offense.
(2)An act or omission that causes the provisional license holder's community
supervision, mandatory supervision, or parole to be revoked.
(3)A violation of law or rules governing the practice of the field of work for which the
provisional license was issued.
Proposed law provides that a probation or parole department or division shall notify the
licensing entity if the community supervision of the person holding a provisional license is
revoked.
Proposed law provides that a court shall notify the licensing entity if the person holding a
provisional license is charged with a new offense.
Proposed law provides that if a licensing entity revokes a provisional license pursuant to
proposed law:
(1)The provisional license holder shall not be entitled to receive another provisional
license or regular license for which the applicant originally applied, even if otherwise
qualified.
(2)The ability of the provisional license holder to subsequently obtain another
provisional license from another licensing entity in the future is within the sole
discretion of the issuing agency. Page 2 of 3
Prepared by Michelle Ducharme.
Proposed law provides that a licensing entity shall issue the regular license for which the
provisional license was issued on the expiration of the provisional license term if the holder
of the provisional license does not commit a new offense, an act or omission that causes the
provisional license holder's community supervision, mandatory supervision, or parole to be
revoked, or a violation of law or rules governing the practice of the field of work for which
the provisional license was issued.
Proposed law provides that nothing in proposed law shall be implicitly interpreted to
preclude an agency from exercising its existing discretion to issue a license to individuals not
covered under proposed law, except where precluded by another law.
Proposed law provides that a licensing entity shall not be required to issue a provisional
license to a person convicted of any of the following offenses :
(1)Any grade of homicide enumerated in R.S. 14:29, Homicide.
(2)A "crime of violence" as enumerated in R.S. 14:2(B).
(3)A "sex offense" as defined by R.S. 15:541.
Proposed law provides that a licensing entity shall not be required to issue a provisional
license to a person convicted of an offense involving fraud if the licensed field of work is one
in which the licensee owes a fiduciary duty to a client.
Proposed law provides that a licensing entity shall not be required to issue a provisional
license to a person whose conviction directly relates to the position of employment sought,
or to the specific field for which the license is required, or profession for which the
provisional license is sought.
Proposed law provides that a provisional license holder who supervises children or
individuals who lack mental capacity shall not do so without another licensee in the room
at all times.
Proposed law shall not apply to the following licensing entities:
(1)Any law enforcement agency.
(2)The Louisiana State Board of Medical Examiners.
(3)The Louisiana State Board of Dentistry.
(4)The Louisiana State Board of Nursing.
(5)The Louisiana State Board of Practical Nurse Examiners.
(6)The Louisiana State Racing Commission.
(7)The State Boxing and Wrestling Commission.
(8)The Louisiana State Board of Pharmacy.
(9)The Louisiana Supreme Court.
(10)The Louisiana Professional Engineering and Land Surveying Board.
(11)The Louisiana State Board of Architectural Examiners.
(12)The Louisiana State Board of Private Investigator Examiners.
(13)The Louisiana State Board of Embalmers and Funeral Directors. Page 3 of 3
Prepared by Michelle Ducharme.
(14)The Louisiana State Board of Elementary and Secondary Education.
(15)The Office of Financial Institutions.
(16)The Louisiana Physical Therapy Board.
(17)The Louisiana Board of Massage Therapy.
(18)The office of alcohol and tobacco control of the Department of Revenue.
(19)The health standards section of the Department of Health and Hospitals.
(20)The Department of Insurance.
(21)The Louisiana Board of Social Work Examiners.
(22)The Louisiana State Board of Examiners of Psychologists.
(23) The Louisiana Behavior Analyst Board.
(24) All offices, boards, or commissions under the supervision of the deputy secretary of
the Dept. of Public Safety and Corrections, public safety services, or the
superintendent of the Louisiana State Police.
Proposed law provides that nothing in proposed law shall be construed to preclude the
exempted licensing entities, in their discretion, from adopting the provisions of proposed law
as policies or administrative rules.
Proposed law provides that if a licensing entity believes that another exemption not provided
in proposed law is necessary in a specific case to protect the public from a clear and
imminent danger, the entity may seek declaratory relief in district court through a judicial
order finding that the applicant should not be issued a provisional or regular license because
it would pose such a danger.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 37:31-36)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.
2. Provided that proposed law shall not apply to the State Boxing and Wrestling
Commission rather than the State Athletic Commission.
3. Provided that proposed law shall not apply to the health standards section of the
Department of Health and Hospitals or the Department of Insurance.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the reengrossed bill
1. Removes justifiable homicide as an exemption from proposed law.
2. Adds additional entities that are exempt from proposed law.