Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB483 Comm Sub / Analysis

                    RDCSB483 506 4917
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)]
SB 483 Reengrossed 2022 Regular Session	Cathey
Proposed law defines "lawful occupation", "military", "occupational license", "other state",
"person", "private certification", "professional or occupational licensing board", and "scope
of practice".
Proposed law provides that the professional or occupational licensing board (board) shall
issue an occupational license if all of the following apply:
(1)The person holds a current and valid occupational license in another state in a lawful
occupation with a similar scope of practice, as determined by the board.
(2)The person has held the occupational license in the other state for at least one year.
(3)The board in the other state required the person pass an examination or to meet
education, training, or experience standards.
(4)The board in the other state holds the person in good standing.
(5)The person does not have a disqualifying criminal record as determined by the board
under state law.
(6)No board in another state has revoked the person's occupational license because of
negligence or intentional misconduct related to the person's work in the occupation.
(7)The person did not surrender his occupational license because of negligence or
intentional misconduct related to his work in the occupation in another state.
(8)The person does not have a complaint, allegation, or investigation pending before a
board in another state which relates to unprofessional conduct or an alleged crime.
The professional or occupational licensing board may require, when applicable, the
applicant to furnish a signed affidavit or notarized letter from the out of state board
or certifying agency of the relevant jurisdiction confirming the applicant is in good
standing.
(9)The person pays all applicable fees in this state including any board required
background checks.
Proposed law provides that the board shall issue an occupational license to a person based
on work experience in another state if all of the following apply:
(1)The person worked in a state that does not use an occupational license to regulate a
lawful occupation, but this state uses an occupational license to regulate a lawful
occupation with a similar scope of practice, as determined by the board.
(2)The person worked for at least three years in the lawful occupation.
(3)The person satisfies all requirements under proposed law.
Proposed law provides that the board shall issue an occupational license to a person based
on holding a private certification and work experience in another state if all of the following
apply:
(1)The person holds a private certification and worked in a state that does not use an
occupational license to regulate a lawful occupation, but this state uses an
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occupational license to regulate a lawful occupation with a similar scope of practice,
as determined by the board.
(2)The person worked for at least two years in the lawful occupation.
(3)The person holds a current and valid private certification in the lawful occupation.
(4)The private certification organization holds the person in good standing.
(5)The person satisfies all requirements under proposed law.
Proposed law provides that the board may require a person to pass an examination specific
to the occupation if the license issued in this state requires an examination.
Proposed law provides that a person who obtains an occupational licence is subject to all
laws regulating the occupation and jurisdiction of this state.
Proposed law provides for exceptions.
Proposed law provides for the following limitations:
(1)Nothing in proposed law shall prohibit a person from applying for an occupational
license under another statute or rule in state law.
(2)An occupational license issued pursuant to proposed law is valid only in Louisiana.
It does not make the person eligible to work in another state under an interstate
compact or reciprocity agreement unless otherwise provided in law.
(3)Nothing in proposed law shall prevent Louisiana from entering into a licensing
compact or reciprocity agreement with another state, foreign province, foreign
country, international organization, or other entity.
(4)Nothing in proposed law shall prevent Louisiana from recognizing occupational
credentials issued by a private certification organization, foreign province, foreign
country, international organization, or other entity.
(5)Nothing in proposed law shall require a private certification organization to grant or
deny private certification to any individual.
Proposed law provides that the board will provide the person with a written decision
regarding the application within 45 days of receiving a completed application.
Proposed law excludes the Louisiana State Board of Medical Examiners, the State Board of
Certified Public Accountants of Louisiana, the State Board of Architectural Examiners, the
Louisiana Real Estate Commission, the State Board of Veterinary Medicine Examiners, the
Louisiana Professional Engineering and Land Surveying Board, the Louisiana State Board
of Dentistry, and the Louisiana State Board of Nursing.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 37:51-59)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Makes technical changes.
2. Defines "person".
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3. Removes the definition of government certification from proposed law and
makes conforming changes throughout proposed law.
4. Provides that the board may require a signed affidavit from an out-of-state
board or agency that confirms the applicant is in good standing in order to
receive a license in Louisiana.
5. Excludes from proposed law the Louisiana State Board of Medical
Examiners, the State Board of Certified Public Accountants of Louisiana, the
State Board of Architectural Examiners, the Louisiana Real Estate
Commission, the State Board of Veterinary Medicine Examiners, the
Louisiana Professional Engineering and Land Surveying Board, the
Louisiana State Board of Dentistry, and the State Board of Nursing.
Senate Floor Amendments to engrossed bill
1. Adds documentation of in-state employment and notarized letter of promise
of employment signed by applicant or spouse to list of allowable proof-of-
residency documentation.
2. Makes technical change.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
reengrossed bill:
1. Make technical changes. 
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