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2020 Regular Session
HOUSE BILL NO. 613
BY REPRESENTATIVE CHARLES OWEN AND SENATOR REESE
LICENSING: Provides relative to the occupational licenses of military families
1 AN ACT
2To amend and reenact R.S. 37:3651, relative to occupational licenses; to provide definitions;
3 to provide for licensure for members of the military; to provide for licensure for
4 spouses; to provide for licenses; to provide for other jurisdictions; to provide for
5 qualifications; to provide for rulemaking; to provide for similar experience; to
6 provide for appeals; to provide for exceptions; to provide for preemption; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 37:3651 is hereby amended and reenacted to read as follows:
10 ยง3651. Licensure for individuals with military training and experience; licensure by
11 endorsement for military spouses and dependents; temporary license;
12 expedited process
13 A. Notwithstanding any other provision of law to the contrary, a professional
14 or occupational licensing board shall issue a license, certification, permit pending
15 normal license, or registration to a military-trained applicant to allow the applicant
16 to lawfully practice the applicant's occupation in this state a member of the military,
17 including United States Department of Defense civilian employees who have been
18 assigned to duty in Louisiana, or an applicant who is married to or is a dependent of
19 a member of the military or a United States Department of Defense civilian
20 employee, if the member or United States Department of Defense civilian receives
21 military orders for a change of station to a military installation or assignment located
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1 in this state or if the member or United States Department of Defense civilian has
2 established this state as his state of legal residence as reflected in the member's or
3 United States Department of Defense civilian's military record if, upon application
4 to the board, the 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 applicant has passed
21 any examinations, or met any education, training, or experience standards as required
22 by the board in the other state.
23 (4) The applicant is held in good standing by the board in the other state.
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) The applicant has not had an occupational license revoked by a board in
27 another state because of negligence or intentional misconduct related to the
28 applicant's work in the 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 (10) The applicant simultaneously applies for a permanent license; if the
13 applicant fails to qualify for a permanent license as determined by the occupational
14 or licensing board once the permanent application is vetted, the permit automatically
15 terminates.
16 B. Notwithstanding any other provision of law, a professional or
17 occupational licensing board shall issue a license, certification, or registration to a
18 military-trained applicant to allow the applicant to lawfully practice an occupation
19 in this state if, upon application to a professional or occupational licensing board, the
20 applicant holds a current license, certification, or registration from another
21 jurisdiction and that jurisdiction's requirements for licensure, certification, or
22 registration are substantially equivalent to or exceed the requirements for licensure,
23 certification, or registration in this state. an occupational license, permit pending
24 normal license, or government certification to an applicant who is a member of the
25 military, or an applicant who is married to or is a dependent of a member of the
26 military or United States Department of Defense civilian employee who has been
27 assigned duty in Louisiana, upon application based on work experience in another
28 state, if all the following apply:
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1 (1) The applicant worked in a state that does not use an occupational license
2 or government certification to regulate a lawful occupation, but this state uses an
3 occupational license or government certification to regulate a lawful occupation with
4 a similar scope of practice, as determined by the board.
5 (2) The applicant worked for at least three years in the lawful occupation.
6 (3) The applicant satisfies the requirements of Paragraphs (A)(6) through
7 (10) of this Section.
8 C. Notwithstanding any other provision of law, a professional or
9 occupational licensing board shall issue a license, certification, or registration to a
10 military spouse to allow the military spouse to lawfully practice the military spouse's
11 occupation in this state, if, upon application to a professional or occupational
12 licensing board, the military spouse satisfies all of the following conditions: an
13 occupational license, permit pending normal license, or government certification to
14 an applicant who is a member of the military or a United States Department of
15 Defense civilian employee who has been assigned duty in Louisiana, or an applicant
16 who is married to or is a dependent of a member of the military or a United States
17 Department of Defense civilian employee, based on holding a private certification
18 and work experience in another state, if all the following apply:
19 (1) Holds a current license, certification, or registration from another
20 jurisdiction, and that jurisdiction's requirement for licensure, certification, or
21 registration are substantially equivalent to or exceed the requirements for licensure,
22 certification, or registration in this state. The applicant worked in a state that does not
23 use an occupational license or government certification to regulate a lawful
24 occupation, but this state uses an occupational license or government certification
25 to regulate a lawful occupation with a similar scope of practice, as determined by the
26 board.
27 (2) Can demonstrate competency in the occupation through methods as
28 determined by the board, such as having completed continuing education units or
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1 having had recent experience. The applicant worked for at least two years in the
2 lawful occupation.
3 (3) Has not been disciplined in any jurisdiction for an act that would have
4 constituted grounds for refusal, suspension, or revocation of a license to practice that
5 occupation in this state at the time the act was committed. The applicant holds a
6 current and valid private certification in the lawful occupation.
7 (4) Is in good standing and has not been disciplined by the agency that issued
8 the license, certification, or permit. The private certification organization holds the
9 applicant in good standing.
10 (5) The applicant satisfies the requirements of Paragraphs (A)(6) through
11 (10) of this Section.
12 D. A professional or occupational licensing board shall issue a temporary
13 practice permit to a military-trained applicant or military spouse licensed, certified,
14 or registered in another jurisdiction while the military-trained applicant or military
15 spouse is satisfying the requirements for licensure under the provisions of this
16 Section, if that jurisdiction has licensure, certification, or registration standards
17 substantially equivalent to the standards for licensure, certification, or registration
18 of a professional or occupational licensing board in this state. The military-trained
19 applicant or military spouse may practice under the temporary permit until a license,
20 certification, or registration is granted or until a notice to deny a license,
21 certification, or registration is issued in accordance with rules that shall be
22 promulgated by the applicable professional or occupational licensing board. Each
23 professional and occupational licensing board shall adopt rules in accordance with
24 the Administrative Procedure Act for the issuance of a temporary practice permit and
25 such rules shall ensure the public health and safety. Notwithstanding any other law,
26 the education, training, or experience requirements for an occupational license issued
27 pursuant to this Title are completely or partially satisfied, as determined by the
28 regulating occupational licensing board on presentation of satisfactory evidence that
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1 the applicant received comparable education, training, or experience as a member of
2 the United States armed forces or any national guard or other reserve component.
3 E. An individual possessing a temporary practice permit under the provisions
4 of this Section shall receive priority processing of their application for license,
5 certification, or registration, in accordance with rules that shall be promulgated by
6 the applicable professional or occupational licensing board. The board may require
7 a person to pass a jurisprudential examination specific to relevant state laws that
8 regulate the occupation if an occupational license or government certification in this
9 state requires a person to pass a jurisprudential examination specific to relevant state
10 statutes and administrative rules that regulate the occupation.
11 F. A professional or occupational licensing board shall adopt rules in
12 accordance with the Administrative Procedure Act necessary to implement the
13 provisions of this Section. The board will provide the applicant with a written
14 decision regarding the application for an occupational license within thirty calendar
15 days after receiving an application.
16 G.(1) Nothing in this Section shall be construed to prohibit a military-trained
17 applicant or military spouse from proceeding under the existing licensure,
18 certification, or registration requirements established by a professional or
19 occupational licensing board in this state. The applicant may appeal any of the
20 following decisions made by the board, in a court of general jurisdiction:
21 (a) Denial of an occupational license.
22 (b) Determination of the occupation.
23 (c) Determination of the similarity of the scope of practice of the
24 occupational license issued.
25 (d) Any other determinations made pursuant to this Section.
26 (2) The court shall determine all questions of law, including the
27 interpretation of a constitutional or statutory provision or a rule adopted by a board,
28 without regard to any previous determination that may have been made on the
29 question in any action before the board.
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1 H. For the purposes of this Section, "professional or occupational licensing
2 board" shall mean any state agency, board, commission, or substantially similar
3 entity, involved in the licensing, certification, or registration of any regulated
4 profession or occupation within the state of Louisiana. A person who obtains a
5 permit pending normal license, occupational license, or government certification
6 pursuant to this Section is subject to all of the following:
7 (1) The laws regulating the occupation in this state.
8 (2) The jurisdiction of the board in this state.
9 I. The provisions of this Section shall not apply to any applicant receiving
10 a dishonorable discharge or a military spouse whose spouse received a dishonorable
11 discharge. This Section does not apply to an occupation regulated by the state
12 supreme court.
13 J. The provisions of this Section shall not apply to a license issued and
14 regulated under the authority of the judicial branch of government. This Section
15 preempts laws by township, municipal, county and other governments in the state
16 which regulate occupational licenses and government certification.
17 K. A professional or occupational licensing board shall adopt rules in
18 accordance with the Administrative Procedure Act necessary to implement the
19 provisions of this Section.
20 L. Nothing in this Section shall be construed to prohibit a military-trained
21 applicant or military spouse or spouse of a United States Department of Defense
22 civilian employee who has been assigned to duty in Louisiana from proceeding under
23 the existing licensure, certification, or registration requirements established by a
24 professional or occupational licensing board in this state.
25 M. For the purposes of this Section, "professional or occupational licensing
26 board" shall mean any state agency, board, commission, or substantially similar
27 entity, involved in the licensing, certification, or registration of any regulated
28 profession or occupation within this state.
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1 N. For the purposes of this Section, "military" means the armed forces or
2 reserves of the United States, including the Army, Navy, Marine Corps, Coast
3 Guard, Air Force, and the reserve components thereof, the National Guard of any
4 state, the Military Reserves of any state, or the naval militia of any state.
5 O. The provisions of this Section shall not apply to any applicant receiving
6 a dishonorable discharge or a military spouse whose spouse received a dishonorable
7 discharge.
8 P. The provisions of this Section shall not apply to a license issued and
9 regulated under the authority of the judicial branch of government or to any person
10 that obtains licensure or registration on a nationwide licensing or registry system.
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 Engrossed 2020 Regular Session Charles Owen
Abstract: Regulates the process by which members of the military and their spouses may
seek occupational licenses, certifications, permit pending normal licenses, 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 military member, including United States Department of Defense civilian
employees who have been assigned to duty in Louisiana, or an applicant who is married to
or is a dependent of a member of the military or a United States Department of Defense
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.
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(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.
(9)He pays all applicable fees.
(10)He simultaneously applies for a permanent license; if the applicant fails to qualify
for a permanent license as determined by the occupational or licensing board once
the permanent application is vetted, the permit automatically terminates.
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 equivalent
to this state's.
Proposed law deletes present law in part, and instead requires the board to issue the license
or permit pending normal 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 United States
Department of Defense civilian employee who has been assigned to duty in Louisiana, 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 or permit
pending normal license to an applicant who is a member of the military or a United States
Department of Defense civilian employee, or an applicant who is married to or is a
dependent of a member of the military or a United States Department of Defense civilian
employee who has been assigned to duty in Louisiana, 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.
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(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 that 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.
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 or to any
person that obtains licensure or registration on a nationwide licensing or registry system.
Proposed law preempts present law by various municipalities which regulate licenses.
(Amends R.S. 37:3651)
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Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Change references to federal government civilian employees to United States
Department of Defense civilian employees.
2. Add permit pending normal license to the types of licensure that are covered by
proposed law.
3. Specify that proposed law applies to United States Department of Defense
civilian employees who have been assigned to duty in Louisiana.
4. Add the requirement that the applicant simultaneously apply for a permanent
license.
5. Exempts any person that obtains licensure or registration on a nationwide
licensing or registry system from proposed law.
6. Make technical changes.
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