HLS 21RS-552 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 197
BY REPRESENTATIVE CHARLES OWEN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LICENSING: Provides relative to occupational licenses for dependents of healthcare
professionals
1 AN ACT
2To enact Part XI of Chapter 20 of Title 37 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 37:1751, relative to occupational licenses; to provide for
4 dependents of healthcare professionals who relocate to the state; to provide
5 definitions; to provide for licensure based upon holding a license in a different state;
6 to provide for licensure based upon prior work experience; to provide for licensure
7 based upon holding a private certification and prior work experience; to allow the
8 board to require a jurisprudential examination; to provide for a written decision; to
9 allow for an appeal; to provide for preemption; to require promulgation of rules; to
10 provide for exceptions; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. Part XI of Chapter 20 of Title 37 of the Louisiana Revised Statutes of
131950, comprised of R.S. 37:1751, is hereby enacted to read as follows:
14PART XI. LICENSURE FOR DEPENDENTS OF HEALTHCARE PROFESSIONALS
15 ยง1751. Licensure for dependents of healthcare professionals; definitions;
16 requirements for licensure; duties of the board; procedure for appeal;
17 interpretation of laws; preemption; exceptions
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1 A. As used in this Part, the following words and phrases have the meanings
2 ascribed to them:
3 (1) "Dependent" means a resident spouse or resident unmarried child under
4 the age of twenty-one years, a child who is a student under the age of twenty-four
5 years and who is financially dependent upon the parent, or a child of any age who
6 is disabled and dependent upon the parent.
7 (2) "Healthcare professional" means a person who provides healthcare or
8 professional services as a physician, physician assistant, dentist, registered or
9 licensed practical nurse or certified nurse assistant, advanced practice registered
10 nurse, certified emergency medical technician, paramedic, certified registered nurse
11 anesthetist, nurse practitioner, respiratory therapist, clinical nurse specialist,
12 pharmacist, physical therapist, occupational therapist, licensed radiologic
13 technologist, or licensed clinical laboratory scientist.
14 (3) "Professional or occupational licensing board" means any state agency,
15 board, commission, or substantially similar entity involved in the licensing,
16 certification, or registration of any regulated profession or occupation within this
17 state.
18 B. Notwithstanding any other provision of law to the contrary, a professional
19 or occupational licensing board shall issue a license, certification, permit pending
20 normal license, or government certification to an applicant who is a dependent of a
21 healthcare professional who relocates to this state, based upon the applicant holding
22 an out-of-state license if, upon application to the board, the applicant satisfies all of
23 the following conditions:
24 (1) The applicant holds a current and valid occupational license in another
25 state in an occupation with a similar scope of practice, as determined by the board
26 in this state.
27 (2) The applicant has held the occupational license in the other state for at
28 least one year.
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1 (3) The applicant has passed any examinations, or met any education,
2 training, or experience standards as required by the board in the other state.
3 (4) The applicant is held in good standing by the board in the other state.
4 (5) The applicant does not have a disqualifying criminal record as
5 determined by the board in this state under the laws of this state.
6 (6) The applicant has not had an occupational license revoked by a board in
7 another state because of negligence or intentional misconduct related to the
8 applicant's work in the occupation.
9 (7) The applicant has not surrendered an occupational license because of
10 negligence or intentional misconduct related to the applicant's work in the occupation
11 in another state.
12 (8) The applicant does not have a complaint, allegation, or investigation
13 pending before a board in another state which relates to unprofessional conduct or
14 an alleged crime. If the applicant has a complaint, allegation, or investigation
15 pending, the board in this state shall not issue or deny an occupational license to the
16 applicant until the complaint, allegation, or investigation is resolved, or the applicant
17 otherwise satisfies the criteria for licensure in this state to the satisfaction of the
18 board in this state.
19 (9) The applicant pays all applicable fees in this state.
20 C. Notwithstanding any other provision of law, a professional or
21 occupational licensing board shall issue an occupational license, permit pending
22 normal license, or government certification to an applicant who is a dependent of a
23 healthcare professional who relocates to this state, based upon the prior work
24 experience of the applicant, if upon application to the board, all the following apply:
25 (1) The applicant worked in a state that does not use an occupational license
26 or government certification to regulate a lawful occupation, but this state uses an
27 occupational license or government certification to regulate a lawful occupation with
28 a similar scope of practice, as determined by the board in this state.
29 (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 Paragraphs (B)(6) through (9)
2 of this Section.
3 D. Notwithstanding any other provision of law, a professional or
4 occupational licensing board shall issue an occupational license, permit pending
5 normal license, or government certification to an applicant who is a dependent of a
6 professional healthcare worker who relocates to this state, based on the applicant
7 holding a private certification and work experience in another state, if upon
8 application to the board, all the following apply:
9 (1) The applicant worked in a state that does not use an occupational license
10 or government certification to regulate a lawful occupation, but this state uses an
11 occupational license or government certification to regulate a lawful occupation with
12 a similar scope of practice, as determined by the board in this state.
13 (2) The applicant worked for at least two years in the lawful occupation.
14 (3) The applicant holds a current and valid private certification in the lawful
15 occupation.
16 (4) The private certification organization holds the applicant in good
17 standing.
18 (5) The applicant satisfies the requirements of Paragraphs (B)(6) through (9)
19 of this Section.
20 E. The board may require a person to pass a jurisprudential examination
21 specific to relevant state laws that regulate the occupation if an occupational license
22 or government certification in this state requires a person to pass a jurisprudential
23 examination specific to relevant state statutes and administrative rules that regulate
24 the occupation.
25 F. The board shall provide the applicant with a written decision regarding the
26 application for an occupational license within thirty calendar days after receiving an
27 application.
28 G.(1) The applicant may appeal any of the following decisions made by the
29 board, in a court of general jurisdiction:
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1 (a) Denial of an occupational license.
2 (b) Determination of the occupation.
3 (c) Determination of the similarity of the scope of practice of the
4 occupational license issued.
5 (d) Any other determinations made pursuant to this Section.
6 (2) The court shall determine all questions of law, including the
7 interpretation of a constitutional or statutory provision or a rule adopted by a board,
8 without regard to any previous determination that may have been made on the
9 question in any action before the board.
10 H. An applicant who obtains a permit pending normal license, occupational
11 license, or government certification pursuant to this Section is subject to all of the
12 following:
13 (1) The laws regulating the occupation in this state.
14 (2) The jurisdiction of the board in this state.
15 I. This Section preempts laws by township, municipal, parish, and other
16 governments in the state which regulate occupational licenses and government
17 certification.
18 J. A professional or occupational licensing board shall adopt rules in
19 accordance with the Administrative Procedure Act as are necessary to implement the
20 provisions in this Section.
21 K. Nothing in this Section shall be construed to prohibit a dependent of a
22 healthcare professional relocating to this state from proceeding under the existing
23 licensure, certification, or registration requirements established by a professional or
24 occupational licensing board in this state.
25 L. The provisions of this Section shall not apply to an occupation regulated
26 by the state supreme court, a license issued and regulated under the authority of the
27 judicial branch of government, any person covered under the Nurse Licensure
28 Compact, or any person who obtains licensure or registration on a nationwide
29 licensing or registry system.
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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 197 Original 2021 Regular Session Charles Owen
Abstract: Requires professional or occupational licensing boards to issue occupational
licenses to the dependents of healthcare providers who relocate to Louisiana if
certain conditions are met.
Proposed law defines "healthcare professional", "dependent", and "professional or
occupational licensing board".
Proposed law requires a professional or occupational licensing board "board" to issue certain
occupational licensing credentials "license" to the spouses or dependents "applicant" of
healthcare professionals who have relocated to the state, if certain conditions are met.
Proposed law requires the board to issue a license to the applicant, based on the applicant's
possession of an out-of-state license, if all of the following are met:
(1)The applicant holds a current and valid license in another state in an occupation with
a similar scope of practice.
(2)The applicant has held that license for at least one year.
(3)The applicant has passed all exams and met any other education, training, or
experience standards required in the other state.
(4)The applicant is held in good standing in the other state.
(5)The applicant does not have a criminal record that disqualifies him as determined by
the board in this state.
(6)The applicant has not had a license revoked due to the applicant's negligence or
intentional misconduct in his occupation.
(7)The applicant has not surrendered a license due to the applicant's negligence or
intentional misconduct in his occupation.
(8)The applicant does not have a complaint, allegation, or investigation pending before
a board in another state related to the applicant's work in another state.
(9)The applicant pays all applicable fees in this state.
Proposed law requires the board to issue a license to the applicant, based on the applicant's
prior work experience, if all of the following are met:
(1)The applicant worked in a state that does not use a license to regulate a lawful
occupation, but this state uses a license to regulate an occupation with a similar
scope of practice.
(2)The applicant worked in the occupation for at least three years.
(3)The applicant has not had a license revoked due to the applicant's negligence or
intentional misconduct in his occupation.
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(4)The applicant has not surrendered a license due to the applicant's negligence or
intentional misconduct in his occupation.
(5)The applicant does not have a complaint, allegation, or investigation pending before
a board in another state related to the applicant's work in another state.
(6)The applicant pays all applicable fees in this state.
Proposed law requires the board to issue a license to the applicant, based on the applicant
holding a private certification and his prior work experience if all of the following apply:
(1)The applicant worked in a state that does not use a license to regulate a lawful
occupation, but this state uses a license to regulate an occupation with a similar
scope of practice.
(2)The applicant worked in the occupation for at least two years.
(3)The applicant holds a current and valid private certification in the occupation.
(4)The private certification organization holds the applicant in good standing.
(5)The applicant has not had a license revoked due to the applicant's negligence or
intentional misconduct in his occupation.
(6)The applicant has not surrendered a license due to the applicant's negligence or
intentional misconduct in his occupation.
(7)The applicant does not have a complaint, allegation, or investigation pending before
a board in another state related to the applicant's work in another state.
(8)The applicant pays all applicable fees in this state.
Proposed law allows the board to require the applicant to pass a jurisprudential exam.
Proposed law requires the board to give the applicant a written decision regarding the
application within 30 days after receipt of an application. Proposed law allows the applicant
to appeal certain decisions by the board.
An applicant who is provided a license under proposed law remains subject to present law
regulating his occupation in the state and the jurisdiction of the board in this state.
Proposed law preempts laws by township, municipal, parish, and other governments in the
state.
Proposed law requires boards to promulgate rules to implement proposed law.
Proposed law does not prohibit an applicant from attempting to obtain a license under
present law.
Proposed law does not apply to an occupation regulated by the state supreme court, a license
issued and regulated under the judicial branch of government, any person covered under the
Nurse Licensure Compact, or any person who obtains a license on a nationwide licensing
or registry system.
(Adds R.S. 37:1751)
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