HLS 21RS-552 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 197
BY REPRESENTATIVES CHARLES OWEN, AMEDEE, CREWS, DEVILLIER,
EMERSON, FIRMENT, HORTON, MCCORMICK, RISER, AND
SCHAMERHORN
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
8 healthcare professional licensing boards to require jurisprudential examinations in
9 certain cases; to provide relative to decisions by licensing boards; to allow for
10 appeals; to provide for preemption; to require promulgation of rules; to provide for
11 exceptions; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. Part XI of Chapter 20 of Title 37 of the Louisiana Revised Statutes of
141950, comprised of R.S. 37:1751, is hereby enacted to read as follows:
15PART XI. LICENSURE FOR DEPENDENTS OF HEALTHCARE PROFESSIONALS
16 ยง1751. Licensure for dependents of healthcare professionals; definitions;
17 requirements for licensure; duties of licensing boards; procedure for appeal;
18 interpretation of laws; preemption; exceptions
19 A. As used in this Part, the following words and phrases have the meanings
20 ascribed to them in this Subsection:
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1 (1) "Dependent" means a resident spouse or resident unmarried child under
2 the age of twenty-one years, a child who is a student under the age of twenty-four
3 years and who is financially dependent upon the parent, or a child of any age who
4 has a disability and is dependent upon the parent.
5 (2) "Healthcare professional" means a person who provides healthcare or
6 professional services as a physician, physician assistant, dentist, registered or
7 licensed practical nurse or certified nurse assistant, advanced practice registered
8 nurse, certified emergency medical technician, paramedic, certified registered nurse
9 anesthetist, nurse practitioner, respiratory therapist, clinical nurse specialist,
10 pharmacist, physical therapist, occupational therapist, licensed radiologic
11 technologist, chiropractor, or licensed clinical laboratory scientist.
12 (3) "Hold in good standing" means deeming by a board or certification
13 organization that a person possesses a license or certification that is unencumbered,
14 unrestricted, and not on probation or subject to any stay or contract.
15 (4) "Professional or occupational licensing board" means any state agency,
16 board, commission, or substantially similar entity involved in the licensing,
17 certification, or registration of any regulated profession or occupation within this
18 state.
19 (5) "Scope of practice" means the procedures, actions, processes, and work
20 that a person may perform under an occupational license or government certification
21 issued in this state.
22 B. Notwithstanding any provision of law to the contrary, a professional or
23 occupational licensing board shall issue a license, certification, permit pending
24 normal license, or government certification to an applicant who is a dependent of a
25 healthcare professional who relocates to this state, based upon the applicant holding
26 an out-of-state license, if, upon application to the board, the applicant satisfies all of
27 the following conditions:
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1 (1) The applicant holds a current and valid occupational license in another
2 state in an occupation with a similar scope of practice, as determined by the board
3 in this state.
4 (2) The applicant has held the occupational license in the other state for at
5 least one year.
6 (3) The applicant has passed any examinations or met any education,
7 training, or experience standards as required by the board in the other state.
8 (4) The board in the other state holds the applicant in good standing.
9 (5) The applicant does not have a disqualifying criminal record as
10 determined by the board in this state under the laws of this state.
11 (6) The applicant has not had an occupational license revoked by a board in
12 another state because of negligence or intentional misconduct related to the
13 applicant's work in the occupation.
14 (7) The applicant has not surrendered an occupational license because of
15 negligence or intentional misconduct related to the applicant's work in the occupation
16 in another state.
17 (8) The applicant does not have a complaint, allegation, or investigation
18 pending before a board in another state which relates to unprofessional conduct or
19 an alleged crime. If the applicant has such a complaint, allegation, or investigation
20 pending, the board in this state shall not issue or deny an occupational license to the
21 applicant until the complaint, allegation, or investigation is resolved, or the applicant
22 is otherwise determined to have satisfied or not satisfied the criteria for licensure in
23 this state to the satisfaction of the board in this state.
24 (9) The applicant pays all applicable fees in this state.
25 (10)(a) The applicant simultaneously applies for a permanent license.
26 (b) If the applicant fails to qualify for a permanent license as determined by
27 the board in this state once the application for that license is vetted, the permit shall
28 automatically terminate.
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1 C. Notwithstanding any provision of law to the contrary, a professional or
2 occupational licensing board shall issue an occupational license, permit pending
3 normal license, or government certification to an applicant who is a dependent of a
4 healthcare professional who relocates to this state, based upon the prior work
5 experience of the applicant, if, upon application to the board, all the following apply:
6 (1) The applicant worked in a state that does not use an occupational license
7 or government certification to regulate a lawful occupation, but this state uses an
8 occupational license or government certification to regulate a lawful occupation with
9 a similar scope of practice, as determined by the board in this state.
10 (2) The applicant worked for at least three years in the lawful occupation.
11 (3) The applicant satisfies the requirements of Paragraphs (B)(6) through
12 (10) of this Section.
13 D. Notwithstanding any provision of law to the contrary, a professional or
14 occupational licensing board shall issue an occupational license, permit pending
15 normal license, or government certification to an applicant who is a dependent of a
16 professional healthcare worker who relocates to this state, based on the applicant
17 holding a private certification and work experience in another state, if, upon
18 application to the board, all the following apply:
19 (1) The applicant worked in a state that does not use an occupational license
20 or government certification to regulate a lawful occupation, but this state uses an
21 occupational license or government certification to regulate a lawful occupation with
22 a similar scope of practice, as determined by the board in this state.
23 (2) The applicant worked for at least two years in the lawful occupation.
24 (3) The applicant holds a current and valid private certification in the lawful
25 occupation.
26 (4) The private certification organization holds the applicant in good
27 standing.
28 (5) The applicant satisfies the requirements of Paragraphs (B)(6) through
29 (10) of this Section.
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1 E. The board may require a person to pass a jurisprudential examination
2 specific to relevant state laws that regulate the occupation if an occupational license
3 or government certification in this state requires a person to pass a jurisprudential
4 examination specific to relevant state statutes and administrative rules that regulate
5 the occupation.
6 F. The board shall provide the applicant with a written decision regarding the
7 application for an occupational license within thirty calendar days after receiving an
8 application.
9 G.(1) The applicant may appeal any of the following decisions made by the
10 board in any court of competent jurisdiction:
11 (a) Denial of an occupational license.
12 (b) Determination of the occupation.
13 (c) Determination of the similarity of the scope of practice of the
14 occupational license issued.
15 (d) Any other determinations made pursuant to this Section.
16 (2) The court shall determine all questions of law, including the
17 interpretation of a constitutional or statutory provision or a rule adopted by a board,
18 without regard to any previous determination that may have been made on the
19 question in any action before the board.
20 H. An applicant who obtains a permit pending normal license, occupational
21 license, or government certification pursuant to this Section is subject to all of the
22 following:
23 (1) The laws regulating the occupation in this state.
24 (2) The jurisdiction of the board in this state.
25 I. This Section preempts laws by township, municipal, parish, and other
26 governments in this state which regulate occupational licenses and government
27 certification.
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1 J. Each professional or occupational licensing board shall adopt rules in
2 accordance with the Administrative Procedure Act as are necessary to implement the
3 provisions in this Section.
4 K. Nothing in this Section shall be construed to prohibit a dependent of a
5 healthcare professional relocating to this state from proceeding under the existing
6 licensure, certification, or registration requirements established by a professional or
7 occupational licensing board in this state.
8 L. The provisions of this Section shall not apply to an occupation regulated
9 by the state supreme court, a license issued and regulated under the authority of the
10 judicial branch of government, any person covered under the Nurse Licensure
11 Compact, or any person who obtains licensure or registration on a nationwide
12 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 197 Reengrossed 2021 Regular Session Charles Owen
Abstract: Requires professional and occupational licensing boards to issue occupational
licenses to dependents of healthcare providers who relocate to Louisiana if certain
conditions are met.
Proposed law defines, for purposes of proposed law, "healthcare professional", "dependent",
"hold in good standing", "professional or occupational licensing board", and "scope of
practice".
Proposed law requires each professional or occupational licensing board (hereafter "boards")
of this state to issue certain occupational licensing credentials (hereafter "licenses") to
spouses and dependents of healthcare providers who have relocated to the state (referred to
collectively hereafter as "applicants") if certain conditions are met.
Proposed law requires each 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 conditions 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.
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(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 his negligence or intentional
misconduct in his occupation.
(7)The applicant has not surrendered a license due to his 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 his work in another state.
(9)The applicant pays all applicable fees in this state.
(10)The applicant simultaneously applies for a permanent license.
Proposed law stipulates that if the applicant fails to qualify for a permanent license in this
state, the permit shall automatically terminate.
Proposed law requires each 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 his negligence or intentional
misconduct in his occupation.
(4)The applicant has not surrendered a license due to his 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 his work in another state.
(6)The applicant pays all applicable fees in this state.
Proposed law requires each 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 his negligence or intentional
misconduct in his occupation.
(6)The applicant has not surrendered a license due to his negligence or intentional
misconduct in his occupation.
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(7)The applicant does not have a complaint, allegation, or investigation pending before
a board in another state related to his 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 examination
in certain cases.
Proposed law requires the board to give the applicant a written decision regarding the
application within 30 days after receipt of an application. Allows the applicant to appeal
certain decisions of the board.
Proposed law stipulates that 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 this
state.
Proposed law requires boards to promulgate rules to implement proposed law.
Proposed law provides that it does not prohibit an applicant from attempting to obtain a
license under present law.
Proposed law stipulates that it 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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Add to proposed law the following definitions:
a. "Good standing" means a license which is unencumbered, unrestricted,
and not on probation or subject to any stay or contract.
b. "Scope of practice" means the procedures, actions, processes and work
that a person may perform under an occupational license or government
certification issued in this state.
2. Provide that a professional or occupational licensing board shall issue a license,
certification, permit pending normal license, or government certification to an
applicant who is a healthcare professional and relocates to this state based upon
the applicant holding an out-of-state license if, upon application to the board, the
applicant satisfies all of the conditions provided in proposed law.
3. Revise proposed law to stipulate that if the applicant has a complaint, allegation,
or investigation pending, a board in this state shall not issue or deny an
occupational license to him until the complaint, allegation, or investigation is
resolved or he is otherwise determined to have satisfied or not satisfied the
criteria for licensure in this state to the satisfaction of the board.
4. Make technical changes.
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The House Floor Amendments to the engrossed bill:
1. Delete proposed law providing that a professional or occupational licensing
board shall issue a license, certification, permit pending normal license, or
government certification to an applicant who is a healthcare professional and
relocates to this state based upon the applicant holding an out-of-state license if,
upon application to the board, the applicant satisfies all of the conditions
provided in proposed law.
2. Provide that the definition of "healthcare professional", as used in proposed law,
includes chiropractors.
3. Delete from proposed law the defined term "good standing" and its
corresponding definition and add in lieu thereof the following defined term and
definition:
""Hold in good standing" means deeming by a board or certification
organization that a person possesses a license or certification that is
unencumbered, unrestricted, and not on probation or subject to any stay
or contract."
4. Add, as a condition that must be satisfied in order for an applicant to receive a
license, certification, permit pending normal license, or government certification
pursuant to proposed law, a requirement that the applicant simultaneously apply
for a permanent license.
5. Stipulate that if the applicant fails to qualify for a permanent license in this state,
the permit shall automatically terminate.
6. Make technical changes.
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