Louisiana 2021 2021 Regular Session

Louisiana House Bill HB197 Comm Sub / Analysis

                    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.
(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)