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 398 Original 2021 Regular Session Butler
Abstract: Creates the Occupational Licensing Board Review Program in the office of the attorney
general.
Proposed law provides that occupational regulations shall be applied to increase economic
opportunities, promote competition, and encourage innovation. Provides that occupational licensing
boards shall use the least restrictive regulation to protect the public from present, significant, and
substantiated harms that threaten public health, safety, or welfare.
Proposed law provides that the attorney general shall review both proposed occupational regulations
and relevant disciplinary actions of a state occupational licensing board that elects to participate in
the Occupational Licensing Board Review Program. Provides for the terms of agreement between
the occupational licensing board and the attorney general.
Proposed law provides that the attorney general shall receive as compensation an amount not to
exceed $10 per licensee of the participating board.
Proposed law provides that participation in the Occupational Licensing Board Review Program is
voluntary and optional.
Proposed law provides that the occupational licensing board shall submit any occupational regulation
it seeks to promulgate, together with a report of any public comments received regarding the
proposed regulation, to the Department of Justice before submitting notice of final regulation to the
proper legislative oversight committees.
Proposed law provides that the Department of Justice shall review each submitted occupational
regulation to ensure compliance with clearly articulated state policy and may also consider any
guidelines adopted by the Federal Trade Commission.
Proposed law provides that following the review, the Department of Justice shall do any of the
following:
(1)Approve the proposed occupational regulation and authorize the occupational licensing board
to proceed with promulgation.
(2)Disapprove the proposed occupational regulation and require the occupational licensing
board to revise and resubmit the occupational regulation for approval. Proposed law provides that the occupational licensing board shall submit the proposed discipline and
supporting documentation to the Department of Justice before taking any disciplinary action that
impacts market competition.
Proposed law provides that the Department of Justice shall review the proposed disciplinary action
to ensure compliance with clearly articulated state policy and may also consider any guidelines
adopted by the Federal Trade Commission.
Proposed law provides that following the review, the Department of Justice shall do any of the
following:
(1)Determine that the proposed disciplinary action does not implicate any market competition
interests.
(2)Approve the proposed disciplinary action as a proper exercise of state regulatory action in
accordance with clearly articulated state policy, notwithstanding possible impact on market
competition, and authorize the occupational licensing board to proceed with imposing it.
(3)Disapprove of the proposed disciplinary action and decline to authorize its imposition.
Proposed law establishes a special fund in the state treasury known as the Department of Justice
Occupational Licensing Board Review Program Fund. Provides that the fund shall be comprised of
monies received by the attorney general from participating occupational licensing boards as
compensation for regulatory review activities.
Proposed law provides that monies in the fund shall be subject to annual appropriation to the
Department of Justice solely for the support of occupational licensing board regulatory review
activities and general operating expenses.
Proposed law provides that appropriated monies shall be used to supplement the Department of
Justice's budget and shall not be used to displace, replace, or supplant appropriations from the state
general fund for operations of the Department of Justice below the level of state general fund
appropriation for the foregoing year.
Proposed law provides that all unencumbered and unexpended monies in the fund at the end of the
fiscal year shall remain in the fund. Provides that the treasurer shall invest monies into the fund in
the same manner as those in the state general fund, and any interest earned on such investment shall
be deposited in and credited to the fund.
Proposed law provides for definitions.
Proposed law authorizes the Department of Justice to promulgate rules and procedures as necessary
to implement the Occupational Licensing Board Review Program.
Proposed law provides that an occupational licensing board may require, as a condition of licensure or renewal of licensure, that an individual obtain or maintain certification from a private organization
that credentials individuals in the relevant occupation.
(Adds R.S. 49:260)