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 Engrossed 2021 Regular Session Charles Owen
Abstract: Requires professional and occupational licensing boards to issue occupational licenses
to healthcare providers and their dependents who relocate to Louisiana if certain conditions
are met.
Proposed law defines, for purposes of proposed law, "healthcare professional", "dependent", "good
standing", "professional or occupational licensing board", and "scope of practice".
Proposed law requires each professional or occupational licensing board (hereafter "boards") to issue
certain occupational licensing credentials (hereafter "licenses") to healthcare providers and their
spouses and dependents 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 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 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.
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.
(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 exam.
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 by
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 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.