RÉSUMÉ DIGEST
ACT 279 (HB 197) 2021 Regular Session Charles Owen
New law provides that, for purposes of new law, the following definitions apply:
(1)"Healthcare professional" means a person who provides health care or professional
services in Louisiana as a physician, physician assistant, dentist, registered or
licensed practical nurse or certified nurse assistant, advanced practice registered
nurse, certified emergency medical technician, paramedic, certified registered nurse
anesthetist, nurse practitioner, respiratory therapist, clinical nurse specialist,
pharmacist, physical therapist, occupational therapist, licensed radiologic
technologist, chiropractor, or licensed clinical laboratory scientist.
(2)"Professional or occupational licensing board" means any state agency, board,
commission, or substantially similar entity, involved in the licensing, certification,
or registration of any regulated profession or occupation within this state.
New law specifies that new law shall not apply to any of the following:
(1)An occupation regulated by the state supreme court.
(2)A license issued and regulated under the authority of the judicial branch of
government.
(3)Any person covered under the Nurse Licensure Compact.
(4)Any person who obtains licensure or registration on a nationwide licensing or registry
system.
New law provides that, notwithstanding any other provision of existing law to the contrary,
a professional or occupational licensing board shall issue a license, certification, permit
pending normal license, or registration to an applicant who is a dependent of a healthcare
professional in accordance with the provisions of new law if all of the following conditions
are met:
(1)The healthcare professional has relocated to and established his legal residence in
Louisiana.
(2)The healthcare professional holds a valid license to provide healthcare services in
Louisiana.
(3)The healthcare professional is providing healthcare services in Louisiana.
New law requires a person who is a dependent of a healthcare professional to apply to the
appropriate professional or occupational licensing board in order to receive a license from
that board. New law allows for the applicant to become licensed by a professional or
occupational licensing board through one of the following means:
(1)Licensure by endorsement or reciprocity if that function is provided for in existing
law.
(2)If the applicant holds an out-of-state license but licensure by endorsement or
reciprocity is not provided for in existing law, by providing proof of all of the
following:
(a)The applicant holds a current and valid occupational license in another state
in an occupation with a similar scope of practice, as determined by the
professional or occupational licensing board in this state.
(b)The applicant has held the occupational license in the other state for at least
one year. (c)The applicant has passed any examinations or met any education, training, or
experience standards required by the licensing board in the other state.
(d)The applicant is held in good standing by the licensing board in the other
state.
(e)The applicant does not have a disqualifying criminal record as determined by
the professional or occupational licensing board in this state in accordance
with existing law of this state.
(f)The applicant has not had an occupational license revoked by a licensing
board in another state because of negligence or intentional misconduct related
to the applicant's work in the occupation.
(g)The applicant did not surrender an occupational license because of negligence
or intentional misconduct related to the applicant's work in the occupation in
another state.
(h)The applicant does not have a complaint, allegation, or investigation pending
before a licensing board in another state which relates to unprofessional
conduct or an alleged crime. New law stipulates that if the applicant has such
a complaint, allegation, or investigation pending, the board in this state shall
not issue or deny a license to the applicant until the complaint, allegation, or
investigation is resolved or the applicant otherwise satisfies the criteria for
licensure in this state to the satisfaction of the board in this state.
(i)The applicant pays all applicable fees in this state.
(j)The applicant simultaneously applies for a permanent license.
(3)Licensure based on work experience in a state that does not use a license or
government certification to regulate the applicant's occupation if the applicant has at
least three years of such work experience and meets other applicable requirements
of new law.
New law authorizes professional and occupational licensing boards to require an applicant
to pass a jurisprudential examination specific to relevant state laws pertaining to the
applicant's occupation if required by existing law or existing administrative rule.
New law provides for issuance of written decisions regarding applications for licensure
pursuant to new law and for appeals of actions, decisions, and determinations made by
licensing boards in accordance with new law.
New law stipulates that new law shall preempt any laws or ordinances of local governments
which regulate occupational licenses and government certification.
New law provides that nothing therein shall be construed to prohibit an applicant from
proceeding under licensure, certification, or registration requirements established in existing
law.
Effective August 1, 2021.
(Adds R.S. 37:1751)