Leger (HB 1273) Act No. 809
New 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.
New 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 new law be valid for fewer than 90 days or more than 360 days.
New 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.
New law provides that an ex-offender who is on community supervision and who is issued
a provisional license pursuant to new law shall provide the licensing entity the name and
contact information of the probation or parole department to which he reports.
New 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.
New law provides that the licensing entity may revoke the provisional license issued
pursuant to new 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.
New 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.
New law provides that a court shall notify the licensing entity if the person holding a
provisional license is charged with a new offense.
New law provides that if a licensing entity revokes a provisional license pursuant to new 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.
New 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.
New law provides that nothing in new law shall be implicitly interpreted to preclude an
agency from exercising its existing discretion to issue a license to individuals not covered
under new law, except where precluded by another law.
New 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.
New 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.
New 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.
New 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.
New law shall not apply to the following licensing entities:
(1)Any law enforcement agency.
(2)The La. State Board of Medical Examiners.
(3)The La. State Board of Dentistry.
(4)The La. State Board of Nursing.
(5)The La. State Board of Practical Nurse Examiners.
(6)The La. State Racing Commission.
(7)The State Boxing and Wrestling Commission.
(8)The La. State Board of Pharmacy.
(9)The La. Supreme Court.
(10)The La. Professional Engineering and Land Surveying Board.
(11)The La. State Board of Architectural Examiners.
(12)The La. State Board of Private Investigator Examiners.
(13)The La. State Board of Embalmers and Funeral Directors.
(14)The La. State Board of Elementary and Secondary Education.
(15)The Office of Financial Institutions.
(16)The La. Physical Therapy Board.
(17)The La. Board of Massage Therapy.
(18)The office of alcohol and tobacco control of the Dept. of Revenue.
(19)The health standards section of the DHH.
(20)The Dept. of Insurance.
(21)The La. Board of Social Work Examiners.
(22)The La. State Board of Examiners of Psychologists. (23) The La. Behavior Analyst Board.
(24) All offices, boards, or commissions under the supervision of the deputy secretary of
DPS&C, public safety services, or the superintendent of the La. State Police.
New law provides that nothing in new law shall be construed to preclude the exempted
licensing entities, in their discretion, from adopting the provisions of new law as policies or
administrative rules.
New law provides that if a licensing entity believes that another exemption not provided in
new 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 (June 19, 2014).
(Adds R.S. 37:31-36)