GREEN SHEET REDIGEST
HB 372 2018 Regular Session Connick
BOARDS/COMMISSIONS: Establishes the Occupational Board Compliance Act
DIGEST
Occupational Board Compliance Act
Proposed law creates the Occupational Board Compliance Act.
By establishing and executing the policies provided in proposed law, the state intends to
ensure that occupational licensing boards and board members will avoid liability under
federal antitrust laws.
Proposed law defines the following terms: "active market participant", "active supervision",
"least restrictive regulation", "occupational license", "occupational licensing board",
"occupational regulation", "personal qualifications", "qualifications", "registration", and
"state policy".
For occupational regulations promulgated by occupational licensing boards, proposed law
provides each of the following as policy of this state:
(1)The increase of economic opportunities for all of La. citizens by promoting
competition and thereby encouraging innovation and job growth.
(2)Use of the least restrictive regulation necessary to protect consumers from present,
significant, and substantiated harms that threaten public health and safety.
Proposed law establishes that beginning January 1, 2019, the commissioner of administration
is responsible for active supervision of state executive branch occupational licensing boards
controlled by active market participants to ensure compliance with state policy in the
adoption of occupational regulations promulgated by an occupational licensing board.
Active supervision described in proposed law does not extend to individual disciplinary
actions taken or imposed by an occupational licensing board as to any active market
participant subject to the jurisdiction of the occupational licensing board.
Proposed law requires an occupational licensing board to submit any proposed occupational
regulation to the commissioner of administration for review.
Proposed law provides that the commissioner of administration can approve or disapprove
with suggestions the proposed occupational regulation.
Proposed law requires the commissioner to issue directives necessary to effectuate the
provisions of proposed law, including the process, procedures, and timelines that will govern
any submission filed in accordance with proposed law.
The provisions of proposed law are not be interpreted to subject the commissioner to any of
the administrative procedures of the APA.
The provisions of proposed law are not applicable to occupational licensing boards that are
not controlled by active market participants.
Proposed law provides that nothing in proposed law shall be construed to prevent or limit any
occupational licensing board from granting or recognizing reciprocity or mobility in the
licensing, registration, or certification of occupations or professions where an occupational
licensing board has established or seeks to establish occupational regulations providing for
reciprocity or mobility of licensed, registered, or certified occupations or professions as
authorized by law.
Page 1 of 2
Prepared by Michelle D. Ridge. Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 37:41-47)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the engrossed bill
1. Includes certain entities in the definition of "active market participant".
2. Defines "qualifications".
3. Deletes "certification" definition.
4. Deletes references to a commission and provides that active supervision is
performed by the commissioner of administration.
5. Provides for the procedure for rule submission to the commission of
administration and review by the commissioner of administration.
6. Provides that nothing in proposed law prohibits a board from recognizing
reciprocity or mobility in the licensing, registration, or certification of
occupations or professions where a board has established or seeks to establish
occupational regulations providing for reciprocity or mobility of licensed,
registered, or certified occupations or professions as authorized by law.
Page 2 of 2
Prepared by Michelle D. Ridge.