HLS 20RS-642 REENGROSSED
2020 Regular Session
HOUSE BILL NO. 613
BY REPRESENTATIVE CHARLES OWEN AND SENATOR REESE AND
REPRESENTATIVES COX, ADAMS, AMEDEE, BACALA, BAGLEY,
BEAULLIEU, BROWN, BRYANT, BUTLER, CARRIER, GARY CARTER,
ROBBY CARTER, WILFORD CARTER, CORMIER, COUSSAN, CREWS,
DESHOTEL, DUBUISSON, DUPLESSIS, ECHOLS, EDMONDS, EDMONSTON,
EMERSON, FARNUM, FIRMENT, FONTENOT, FREEMAN, FREIBERG,
FRIEMAN, GAROFALO, GREEN, HARRIS, HORTON, HUGHES, ILLG, IVEY,
JEFFERSON, JENKINS, MIKE JOHNSON, TRAVIS JOHNSON, JONES,
KERNER, LARVADAIN, LYONS, MCCORMICK, MCKNIGHT, MCMAHEN,
MIGUEZ, MINCEY, MOORE, NELSON, PRESSLY, RISER, ROMERO,
SCHAMERHORN, SCHEXNAYDER, SELDERS, ST. BLANC, STAGNI,
THOMAS, THOMPSON, W HITE, WILLARD, AND WRIGHT
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
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1 to lawfully practice the applicant's occupation in this state a member of the military,
2 including United States Department of Defense civilian employees who have been
3 assigned to duty in Louisiana, or an applicant who is married to or is a dependent of
4 a member of the military or a United States Department of Defense civilian
5 employee, if the member or United States Department of Defense civilian receives
6 military orders for a change of station to a military installation or assignment located
7 in this state or if the member or United States Department of Defense civilian has
8 established this state as his state of legal residence as reflected in the member's or
9 United States Department of Defense civilian's military record if, upon application
10 to the board, the applicant satisfies all of the following conditions:
11 (1) Has completed a military program of training, been awarded a military
12 occupational specialty, and performed in that specialty at a level that is substantially
13 equivalent to or exceeds the educational, examination, experience and other
14 requirements for licensure, certification, or registration of the professional or
15 occupational licensing board for which the applicant is seeking licensure,
16 certification, or registration in this state, provided the applicant has otherwise met
17 all of the minimum requirements for licensure, certification, or registration of the
18 licensing board. The applicant holds a current and valid occupational license in
19 another state in an occupation with a similar scope of practice, as determined by the
20 board in this state.
21 (2) Has engaged in the active practice of the occupation for which the person
22 is seeking a license, certification, or permit from the board. The applicant has held
23 the occupational license in the other state for at least one year.
24 (3) Has not been disciplined in any jurisdiction for an act that would have
25 constituted grounds for refusal, suspension, or revocation of a license to practice that
26 occupation in this state at the time the act was committed. The applicant has passed
27 any examinations, or met any education, training, or experience standards as required
28 by the board in the other state.
29 (4) The applicant is held in good standing by the board in the other state.
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1 (5) The applicant does not have a disqualifying criminal record as
2 determined by the board in this state under the laws of this state.
3 (6) The applicant has not had an occupational license revoked by a board in
4 another state because of negligence or intentional misconduct related to the
5 applicant's work in the occupation.
6 (7) The applicant did not surrender an occupational license because of
7 negligence or intentional misconduct related to the person's work in the occupation
8 in another state.
9 (8) The applicant does not have a complaint, allegation, or investigation
10 pending before a board in another state which relates to unprofessional conduct or
11 an alleged crime. If the applicant has a complaint, allegation, or investigation
12 pending, the board in this state shall not issue or deny an occupational license to the
13 applicant until the complaint, allegation, or investigation is resolved, or the applicant
14 otherwise satisfies the criteria for licensure in this state to the satisfaction of the
15 board in this state.
16 (9) The applicant pays all applicable fees in this state.
17 (10) The applicant simultaneously applies for a permanent license; if the
18 applicant fails to qualify for a permanent license as determined by the occupational
19 or licensing board once the permanent application is vetted, the permit automatically
20 terminates.
21 B. Notwithstanding any other provision of law, a professional or
22 occupational licensing board shall issue a license, certification, or registration to a
23 military-trained applicant to allow the applicant to lawfully practice an occupation
24 in this state if, upon application to a professional or occupational licensing board, the
25 applicant holds a current license, certification, or registration from another
26 jurisdiction and that jurisdiction's requirements for licensure, certification, or
27 registration are substantially equivalent to or exceed the requirements for licensure,
28 certification, or registration in this state. an occupational license, permit pending
29 normal license, or government certification to an applicant who is a member of the
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1 military, or an applicant who is married to or is a dependent of a member of the
2 military or United States Department of Defense civilian employee who has been
3 assigned duty in Louisiana, upon application based on work experience in another
4 state, if all the following apply:
5 (1) The applicant worked in a state that does not use an occupational license
6 or government certification to regulate a lawful occupation, but this state uses an
7 occupational license or government certification to regulate a lawful occupation with
8 a similar scope of practice, as determined by the board in this state.
9 (2) The applicant worked for at least three years in the lawful occupation.
10 (3) The applicant satisfies the requirements of Paragraphs (A)(6) through
11 (10) of this Section.
12 C. Notwithstanding any other provision of law, a professional or
13 occupational licensing board shall issue a license, certification, or registration to a
14 military spouse to allow the military spouse to lawfully practice the military spouse's
15 occupation in this state, if, upon application to a professional or occupational
16 licensing board, the military spouse satisfies all of the following conditions: an
17 occupational license, permit pending normal license, or government certification to
18 an applicant who is a member of the military or a United States Department of
19 Defense civilian employee who has been assigned duty in Louisiana, or an applicant
20 who is married to or is a dependent of a member of the military or a United States
21 Department of Defense civilian employee, based on holding a private certification
22 and work experience in another state, if all the following apply:
23 (1) Holds a current license, certification, or registration from another
24 jurisdiction, and that jurisdiction's requirement for licensure, certification, or
25 registration are substantially equivalent to or exceed the requirements for licensure,
26 certification, or registration in this state. The applicant worked in a state that does not
27 use an occupational license or government certification to regulate a lawful
28 occupation, but this state uses an occupational license or government certification
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1 to regulate a lawful occupation with a similar scope of practice, as determined by the
2 board in this state.
3 (2) Can demonstrate competency in the occupation through methods as
4 determined by the board, such as having completed continuing education units or
5 having had recent experience. The applicant worked for at least two years in the
6 lawful occupation.
7 (3) Has not been disciplined in any jurisdiction for an act that would have
8 constituted grounds for refusal, suspension, or revocation of a license to practice that
9 occupation in this state at the time the act was committed. The applicant holds a
10 current and valid private certification in the lawful occupation.
11 (4) Is in good standing and has not been disciplined by the agency that issued
12 the license, certification, or permit. The private certification organization holds the
13 applicant in good standing.
14 (5) The applicant satisfies the requirements of Paragraphs (A)(6) through
15 (10) of this Section.
16 D. A professional or occupational licensing board shall issue a temporary
17 practice permit to a military-trained applicant or military spouse licensed, certified,
18 or registered in another jurisdiction while the military-trained applicant or military
19 spouse is satisfying the requirements for licensure under the provisions of this
20 Section, if that jurisdiction has licensure, certification, or registration standards
21 substantially equivalent to the standards for licensure, certification, or registration
22 of a professional or occupational licensing board in this state. The military-trained
23 applicant or military spouse may practice under the temporary permit until a license,
24 certification, or registration is granted or until a notice to deny a license,
25 certification, or registration is issued in accordance with rules that shall be
26 promulgated by the applicable professional or occupational licensing board. Each
27 professional and occupational licensing board shall adopt rules in accordance with
28 the Administrative Procedure Act for the issuance of a temporary practice permit and
29 such rules shall ensure the public health and safety. Notwithstanding any other law,
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1 the education, training, or experience requirements for an occupational license issued
2 pursuant to this Title are completely or partially satisfied, as determined by the
3 regulating occupational licensing board on presentation of satisfactory evidence that
4 the applicant received comparable education, training, or experience as a member of
5 the United States armed forces or any national guard or other reserve component.
6 E. An individual possessing a temporary practice permit under the provisions
7 of this Section shall receive priority processing of their application for license,
8 certification, or registration, in accordance with rules that shall be promulgated by
9 the applicable professional or occupational licensing board. The board may require
10 a person to pass a jurisprudential examination specific to relevant state laws that
11 regulate the occupation if an occupational license or government certification in this
12 state requires a person to pass a jurisprudential examination specific to relevant state
13 statutes and administrative rules that regulate the occupation.
14 F. A professional or occupational licensing board shall adopt rules in
15 accordance with the Administrative Procedure Act necessary to implement the
16 provisions of this Section. The board will provide the applicant with a written
17 decision regarding the application for an occupational license within thirty calendar
18 days after receiving an application.
19 G.(1) Nothing in this Section shall be construed to prohibit a military-trained
20 applicant or military spouse from proceeding under the existing licensure,
21 certification, or registration requirements established by a professional or
22 occupational licensing board in this state. The applicant may appeal any of the
23 following decisions made by the board, in a court of general jurisdiction:
24 (a) Denial of an occupational license.
25 (b) Determination of the occupation.
26 (c) Determination of the similarity of the scope of practice of the
27 occupational license issued.
28 (d) Any other determinations made pursuant to this Section.
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1 (2) The court shall determine all questions of law, including the
2 interpretation of a constitutional or statutory provision or a rule adopted by a board,
3 without regard to any previous determination that may have been made on the
4 question in any action before the board.
5 H. For the purposes of this Section, "professional or occupational licensing
6 board" shall mean any state agency, board, commission, or substantially similar
7 entity, involved in the licensing, certification, or registration of any regulated
8 profession or occupation within the state of Louisiana. A person who obtains a
9 permit pending normal license, occupational license, or government certification
10 pursuant to this Section is subject to all of the following:
11 (1) The laws regulating the occupation in this state.
12 (2) The jurisdiction of the board in this state.
13 I. The provisions of this Section shall not apply to any applicant receiving
14 a dishonorable discharge or a military spouse whose spouse received a dishonorable
15 discharge. This Section does not apply to an occupation regulated by the state
16 supreme court.
17 J. The provisions of this Section shall not apply to a license issued and
18 regulated under the authority of the judicial branch of government. This Section
19 preempts laws by township, municipal, county and other governments in the state
20 which regulate occupational licenses and government certification.
21 K. A professional or occupational licensing board shall adopt rules in
22 accordance with the Administrative Procedure Act necessary to implement the
23 provisions of this Section.
24 L. Nothing in this Section shall be construed to prohibit a military-trained
25 applicant or military spouse or spouse of a United States Department of Defense
26 civilian employee who has been assigned to duty in Louisiana from proceeding under
27 the existing licensure, certification, or registration requirements established by a
28 professional or occupational licensing board in this state.
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1 M. 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 this state.
5 N. For the purposes of this Section, "military" means the armed forces or
6 reserves of the United States, including the Army, Navy, Marine Corps, Coast
7 Guard, Air Force, and the reserve components thereof, the National Guard of any
8 state, the Military Reserves of any state, or the naval militia of any state.
9 O. 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.
12 P. The provisions of this Section shall not apply to a license issued and
13 regulated under the authority of the judicial branch of government, to any person
14 covered under the Nurse Licensure Compact, or to any person that obtains licensure
15 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 Reengrossed 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:
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(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.
(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
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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.
(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, to any
person covered by the Nurse Licensure Compact, or to any person that obtains licensure or
registration on a nationwide licensing or registry system.
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Proposed law preempts present law by various municipalities which regulate licenses.
(Amends R.S. 37:3651)
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.
The House Floor Amendments to the engrossed bill:
1. Exempt any person covered by the Nurse Licensure Compact from the
provisions of proposed law.
2. Make technical changes.
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