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2020 Regular Session
HOUSE BILL NO. 613
BY REPRESENTATIVE CHARLES OWEN
LICENSING: Provides relative to the occupational licenses of military families
1 AN ACT
2To amend and reenact Chapter 59 of Title 37 of the Louisiana Revised Statutes of 1950, to
3 be comprised of R.S. 37:3651, relative to occupational licenses; to provide
4 definitions; to provide for licensure for members of the military; to provide for
5 licensure for spouses; to provide for licenses; to provide for other jurisdictions; to
6 provide for qualifications; to provide for rulemaking; to provide for similar
7 experience; to provide for appeals; to provide for exceptions; to provide for
8 preemption; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Chapter 59 of Title 37 of the Louisiana Revised Statutes of 1950,
11comprised of R.S. 37:3651, is hereby amended and reenacted to read as follows:
12 CHAPTER 59. LICENSURE FOR INDIVIDUALS WITH MILITARY TRAINING
13 ยง3651. Licensure for individuals with military training and experience; licensure by
14 endorsement for military spouses and dependents; temporary license;
15 expedited process
16 A. Notwithstanding any other provision of law to the contrary, a professional
17 or occupational licensing board shall issue a license, certification, or registration to
18 a military-trained applicant to allow the applicant to lawfully practice the applicant's
19 occupation in this state a member of the military, including federal government
20 civilian employees, or an applicant who is married to or is a dependent of a member
21 of the military or a federal government civilian employee, if the member receives
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1 military orders for a change of station to a military installation or assignment located
2 in this state or if the member has established this state as his state of legal residence
3 as reflected in the member's military record if, upon application to the board, the
4 applicant satisfies all of the following conditions:
5 (1) Has completed a military program of training, been awarded a military
6 occupational specialty, and performed in that specialty at a level that is substantially
7 equivalent to or exceeds the educational, examination, experience and other
8 requirements for licensure, certification, or registration of the professional or
9 occupational licensing board for which the applicant is seeking licensure,
10 certification, or registration in this state, provided the applicant has otherwise met
11 all of the minimum requirements for licensure, certification, or registration of the
12 licensing board. The applicant holds a current and valid occupational license in
13 another state in an occupation with a similar scope of practice, as determined by the
14 board in This state.
15 (2) Has engaged in the active practice of the occupation for which the person
16 is seeking a license, certification, or permit from the board. The applicant has held
17 the occupational license in the other state for at least one year.
18 (3) Has not been disciplined in any jurisdiction for an act that would have
19 constituted grounds for refusal, suspension, or revocation of a license to practice that
20 occupation in this state at the time the act was committed. The board in the other
21 state required the person to pass an examination, or to meet education, training, or
22 experience standards.
23 (4) The board in the other state holds the person in good standing.
24 (5) The applicant does not have a disqualifying criminal record as
25 determined by the board in this state under the laws of this state.
26 (6) No board in another state revoked the applicant's occupational license
27 because of negligence or intentional misconduct related to the applicant's work in the
28 occupation.
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1 (7) The applicant did not surrender an occupational license because of
2 negligence or intentional misconduct related to the person's work in the occupation
3 in another state.
4 (8) The applicant does not have a complaint, allegation or investigation
5 pending before a board in another state which relates to unprofessional conduct or
6 an alleged crime. If the applicant has a complaint, allegation or investigation
7 pending, the board in this state shall not issue or deny an occupational license to the
8 applicant until the complaint, allegation or investigation is resolved, or the applicant
9 otherwise satisfies the criteria for licensure in this state to the satisfaction of the
10 board in this state.
11 (9) The applicant pays all applicable fees in this state.
12 B. Notwithstanding any other provision of law, a professional or
13 occupational licensing board shall issue a license, certification, or registration to a
14 military-trained applicant to allow the applicant to lawfully practice an occupation
15 in this state if, upon application to a professional or occupational licensing board, the
16 applicant holds a current license, certification, or registration from another
17 jurisdiction and that jurisdiction's requirements for licensure, certification, or
18 registration are substantially equivalent to or exceed the requirements for licensure,
19 certification, or registration in this state. an occupational license or government
20 certification to an applicant who is a member of the military, or an applicant who is
21 married to or is a dependent of a member of the military or federal government
22 civilian employee, upon application based on work experience in another state, if all
23 the following apply:
24 (1) The applicant worked in a state that does not use an occupational license
25 or government certification to regulate a lawful occupation, but this state uses an
26 occupational license or government certification to regulate a lawful occupation with
27 a similar scope of practice, as determined by the board.
28 (2) The applicant worked for at least three years in the lawful occupation.
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1 (3) The applicant satisfies the requirements of Items (A)(6) through (9) of
2 this Section.
3 C. Notwithstanding any other provision of law, a professional or
4 occupational licensing board shall issue a license, certification, or registration to a
5 military spouse to allow the military spouse to lawfully practice the military spouse's
6 occupation in this state, if, upon application to a professional or occupational
7 licensing board, the military spouse satisfies all of the following conditions: an
8 occupational license or government certification to an applicant who is a member of
9 the military or a federal government civilian employee, or an applicant who is
10 married to or is a dependent of a member of the military or a federal government
11 civilian employee, based on holding a private certification and work experience in
12 another state, if all the following apply:
13 (1) Holds a current license, certification, or registration from another
14 jurisdiction, and that jurisdiction's requirement for licensure, certification, or
15 registration are substantially equivalent to or exceed the requirements for licensure,
16 certification, or registration in this state. The applicant worked in a state that does not
17 use an occupational license or government certification to regulate a lawful
18 occupation, but this state uses an occupational license or government certification
19 to regulate a lawful occupation with a similar scope of practice, as determined by the
20 board.
21 (2) Can demonstrate competency in the occupation through methods as
22 determined by the board, such as having completed continuing education units or
23 having had recent experience. The applicant worked for at least two years in the
24 lawful occupation.
25 (3) Has not been disciplined in any jurisdiction for an act that would have
26 constituted grounds for refusal, suspension, or revocation of a license to practice that
27 occupation in this state at the time the act was committed. The applicant holds a
28 current and valid private certification in the lawful occupation.
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1 (4) Is in good standing and has not been disciplined by the agency that issued
2 the license, certification, or permit. The private certification organization holds the
3 applicant in good standing.
4 (5) The applicant satisfies the requirements of Items (A)(6) through (9) of
5 this Section.
6 D. A professional or occupational licensing board shall issue a temporary
7 practice permit to a military-trained applicant or military spouse licensed, certified,
8 or registered in another jurisdiction while the military-trained applicant or military
9 spouse is satisfying the requirements for licensure under the provisions of this
10 Section, if that jurisdiction has licensure, certification, or registration standards
11 substantially equivalent to the standards for licensure, certification, or registration
12 of a professional or occupational licensing board in this state. The military-trained
13 applicant or military spouse may practice under the temporary permit until a license,
14 certification, or registration is granted or until a notice to deny a license,
15 certification, or registration is issued in accordance with rules that shall be
16 promulgated by the applicable professional or occupational licensing board. Each
17 professional and occupational licensing board shall adopt rules in accordance with
18 the Administrative Procedure Act for the issuance of a temporary practice permit and
19 such rules shall ensure the public health and safety. Notwithstanding any other law,
20 the education, training, or experience requirements for an occupational license issued
21 pursuant to this Title are completely or partially satisfied, as determined by the
22 regulating occupational licensing board on presentation of satisfactory evidence that
23 the applicant received comparable education, training, or experience as a member of
24 the United States armed forces or any national guard or other reserve component.
25 E. An individual possessing a temporary practice permit under the provisions
26 of this Section shall receive priority processing of their application for license,
27 certification, or registration, in accordance with rules that shall be promulgated by
28 the applicable professional or occupational licensing board. The board may require
29 a person to pass a jurisprudential examination specific to relevant state laws that
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1 regulate the occupation if an occupational license or government certification in this
2 state requires a person to pass a jurisprudential examination specific to relevant state
3 statutes and administrative rules that regulate the occupation.
4 F. A professional or occupational licensing board shall adopt rules in
5 accordance with the Administrative Procedure Act necessary to implement the
6 provisions of this Section. The board will provide the applicant with a written
7 decision regarding the application for an occupational license within thirty calendar
8 days after receiving an application.
9 G.(1) Nothing in this Section shall be construed to prohibit a military-trained
10 applicant or military spouse from proceeding under the existing licensure,
11 certification, or registration requirements established by a professional or
12 occupational licensing board in this state. The applicant may appeal any of the
13 following decisions made by the board, in a court of general jurisdiction:
14 (a) Denial of an occupational license.
15 (b) Determination of the occupation.
16 (c) Determination of the similarity of the scope of practice of the
17 occupational license issued.
18 (d) Any other determinations made pursuant to this Section.
19 (2) The court shall determine all questions of law, including the
20 interpretation of a constitutional or statutory provision or a rule adopted by a board,
21 without regard to any previous determination that may have been made on the
22 question in any action before the board.
23 H. For the purposes of this Section, "professional or occupational licensing
24 board" shall mean any state agency, board, commission, or substantially similar
25 entity, involved in the licensing, certification, or registration of any regulated
26 profession or occupation within the state of Louisiana. A person who obtains an
27 occupational license or government certification pursuant to this Section is subject
28 to all of the following:
29 (1) The laws regulating the occupation in this state.
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1 (2) The jurisdiction of the board in this state.
2 I. The provisions of this Section shall not apply to any applicant receiving
3 a dishonorable discharge or a military spouse whose spouse received a dishonorable
4 discharge. This Section does not apply to an occupation regulated by the state
5 supreme court.
6 J. The provisions of this Section shall not apply to a license issued and
7 regulated under the authority of the judicial branch of government. This Section
8 preempts laws by township, municipal, county and other governments in the state
9 which regulate occupational licenses and government certification.
10 K. A professional or occupational licensing board shall adopt rules in
11 accordance with the Administrative Procedure Act necessary to implement the
12 provisions of this Section.
13 L. Nothing in this Section shall be construed to prohibit a military-trained
14 applicant or military spouse or spouse of a federal government civilian employee
15 from proceeding under the existing licensure, certification, or registration
16 requirements established by a professional or occupational licensing board in this
17 state.
18 M. For the purposes of this Section, "professional or occupational licensing
19 board" shall mean any state agency, board, commission, or substantially similar
20 entity, involved in the licensing, certification, or registration of any regulated
21 profession or occupation within this state.
22 N. For the purposes of this Section, "military" means the armed forces or
23 reserves of the United States, including the Army, Navy, Marine Corps, Coast
24 Guard, Air Force, and the reserve components thereof, the National Guard of any
25 state, the Military Reserves of any state, or the naval militia of any state.
26 O. The provisions of this Section shall not apply to any applicant receiving
27 a dishonorable discharge or a military spouse whose spouse received a dishonorable
28 discharge.
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1 P. The provisions of this Section shall not apply to a license issued and
2 regulated under the authority of the judicial branch of government.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 613 Original 2020 Regular Session Charles Owen
Abstract: Regulates the process by which members or the military and their spouses may
seek occupational licenses, certifications, or registrations to enable them to work in
their field.
Present law requires a professional or occupational licensing board (hereinafter "board) to
issue licenses to a military-trained applicant to allow the applicant to lawfully practice the
applicant's occupation in the state, if they meet certain requirements.
Proposed law deletes present law in part, and instead requires the licensing board to issue
a license to a member military, including federal government civilian employees, or an
applicant who is married to or is a dependent of a member of the military or a federal
government civilian employee, if the member receives military orders for a change of station
to a military installation or assignment located in this state or if the member has established
this state as his state of legal residence as reflected in the member's military record, if they
meet certain requirements.
Proposed law deletes the conditions contained in present law, and requires the applicant to
meet the following:
(1)He has a current and valid occupational license in another state in an occupation with
a similar scope of practice, as determined by the board.
(2)He has held the occupational license in the other state for at least one year.
(3)The board in the other state required the person to pass an examination, or to meet
certain other standards.
(4)The board in the other state holds the person in good standing.
(5)He does not have a disqualifying criminal record as determined by the board in this
state.
(6)He has not had an occupational license revoked because of negligence or intentional
misconduct related to the applicant's work in the occupation.
(7)He has not surrendered an occupational license because of negligence or intentional
misconduct related to the person's work in the occupation.
(8) He does not have a complaint, allegation or investigation pending before a board in
another state which relates to unprofessional conduct or an alleged crime. If the
applicant has a complaint, allegation or investigation pending, the board in this state
shall not issue or deny an occupational license to the applicant until the complaint,
allegation or investigation is resolved, or the applicant otherwise satisfies the criteria
for licensure in this state.
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(9)He pays all applicable fees.
Present law requires the board to issue a license to a military-trained applicant, if he holds
a current license from another jurisdiction, whose requirements for licensure are a equivalent
to this state's.
Proposed law deletes present law in part, and instead requires the board to issue the license
to an applicant who is a member of the military, or an applicant who is married to or is a
dependent of a member of the military or federal government civilian employee, upon
application based on work experience in another state, if all the following apply:
(1)The applicant worked in a state that does not use an occupational license or
government certification to regulate a lawful occupation, but Louisiana uses an
occupational license or government certification to regulate a lawful occupation with
a similar scope of practice, as determined by the board.
(2)The applicant worked for at least three years in the lawful occupation.
(3)The applicant satisfies provisions of proposed law.
Present law requires the board to grant a license to a military spouse, if the spouse meets
certain conditions.
Proposed law deletes present law in part, and requires the board to issue a license to an
applicant who is a member of the military or a federal government civilian employee, or an
applicant who is married to or is a dependent of a member of the military or a federal
government civilian employee, based on holding a private certification and work experience
in another state, if they meet all of the following:
(1)The applicant worked in a state that does not use an occupational license or
government certification to regulate a lawful occupation, but Louisiana uses an
occupational license or government certification to regulate a lawful occupation with
a similar scope of practice, as determined by the board.
(2)The applicant worked for at least two years in the lawful occupation.
(3)The applicant holds a current and valid private certification in the lawful occupation.
(4)The private certification organization holds the applicant in good standing.
(5)The applicant satisfies provisions of proposed law.
Present law provides for a temporary practice permit to be issued while the applicant is
satisfying the requirements for licensure and tasks the boards with promulgating rules for
issuance. Present law gives priority to applicants holding a temporary license.
Proposed law deletes present law.
Proposed law provides for education, training, or experience requirements for a license are
considered satisfied, as determined by the board, if the applicant shows evidence that the
applicant received comparable education, training, or experience in the military.
Proposed law allows the board to require the applicant to pass a jurisprudential exam relative
to state laws that regulate the obligation, if that is required of all applicants.
Proposed law requires the board to provide the applicant with a written decision within 30
days.
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Present law requires the board to adopt rules for implementation. Proposed law retains
present law but redesignates it.
Present law does not prohibit an applicant from proceeding under present law. Proposed law
retains present law but redesignates it.
Proposed law allows the applicant to appeal certain decisions by the board.
Proposed law requires the court to determine all questions of law without regard to previous
determinations.
Present law defines "professional or occupational licensing board". Proposed law retains
present law but redesignates it and adds a definition for "military".
Proposed law provides that a person who obtains a license under proposed law is subject to
present law and the jurisdiction of the board.
Present law does not apply to applicants with a dishonorable discharge or his spouse.
Proposed law retains present law but redesignates it.
Present law does not apply to a license issued and regulated under the authority of the
judicial branch of government. Proposed law retains present law but redesignates it.
Proposed law does not apply to an occupation regulated by the state supreme court.
Proposed law preempts present law by various municipalities which regulate licenses.
(Amends R.S. 37:3651)
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