Current through Register Vol. 50, No. 9, September 20, 2024
A. The board shall
issue a license or registration to an applicant who is a member of the
military, including United States Department of Defense civilian employees who
have been assigned to duty in Louisiana, or an applicant who is married to or
is a dependent of a member of the military or a United States Department of
Defense civilian employee, if the member or United States Department of Defense
civilian receives military orders for a change of station to a military
installation or assignment located in this state or if the member or United
States Department of Defense civilian has established this state as his state
of legal residence as reflected in the member's or United States Department of
Defense civilian's military record if, upon application to the board, all of
the following conditions are satisfied by the applicant:
1. holds a current and valid occupational
license in another state in an occupation with a similar scope of practice, as
determined by the board.
2. has
held the occupational license in the other state for at least one
year.
3. has passed any
examinations, or met any education, training, or experience standards as
required by the board in the other state.
4. is held in good standing by the board in
the other state.
5. does not have a
disqualifying criminal record as determined by the board under the laws of this
state.
6. has not had an
occupational license revoked by a board in another state because of negligence
or intentional misconduct related to the applicant's work in the
occupation.
7. did not surrender an
occupational license because of negligence or intentional misconduct related to
the person's work in the occupation in another state.
8. does not have a complaint, allegation, or
investigation pending before a board in another state which relates to
unprofessional conduct or an alleged crime. If there is an existing complaint,
allegation or investigation pending, the board shall not issue or deny a
license or registration 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.
9. pays all applicable fees and meets all
other requirements for licensure.
B. The board shall issue a license or
registration to an applicant who is a member of the military, or an applicant
who is married to or is a dependent of a member of the military or United
States Department of Defense civilian employee who has been assigned duty in
Louisiana, upon application based on work experience in another state if, upon
application to the board, all of the following conditions are satisfied by the
applicant:
1. worked in a state that does not
use an occupational license or governmental certification to regulate a lawful
occupation, but the board regulates this lawful occupation with a similar scope
of practice.
2. worked for at least
three years in the lawful occupation.
3. has not had an occupational license
revoked by a board in another state because of negligence or intentional
misconduct related to the applicant's work in the occupation.
4. did not surrender an occupational license
because of negligence or intentional misconduct related to the person's work in
the occupation in another state.
5.
does not have a complaint, allegation, or investigation pending before a board
in another state which relates to unprofessional conduct or an alleged crime.
If there is an existing complaint, allegation, or investigation pending, the
board shall not issue or deny a license or registration 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.
6. pays all applicable fees
and meets all other requirements for licensure.
C. The board shall issue a license or
registration to an applicant who is a member of the military or United States
Department of Defense civilian employee who has been assigned duty in
Louisiana, or an applicant who is married to or is a dependent of a member of
the military or a United States Department of Defense civilian employee based
on holding a private certification and work experience in another state if,
upon application to the board, all of the following conditions are satisfied by
the applicant:
1. worked in a state that does
not use an occupational license or government certification to regulate a
lawful occupation, but that occupation is lawfully regulated by this board
through a license or registration.
2. has worked for at least two years in the
lawful occupation.
3. holds a
current and valid private certification in the lawful occupation.
4. the private certification organization
holds the applicant in good standing.
5. has not had an occupational license
revoked by a board in another state because of negligence or intentional
misconduct related to the applicant's work in the occupation.
6. did not surrender an occupational license
because of negligence or intentional misconduct related to the person's work in
the occupation in another state.
7.
does not have a complaint, allegation, or investigation pending before a board
in another state which relates to unprofessional conduct or an alleged crime.
If there is an existing complaint, allegation or investigation pending, the
board shall not issue or deny a license or registration 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.
8. pays all applicable fees
and meets all other requirements for licensure.
D. The education, training, or experience
requirements for an occupational license issued by the board will be determined
by the presentation from the applicant of satisfactory evidence that the
applicant received comparable education, training or experience as a member of
the United States armed forces or any national guard or other reserve
component.
E. The applicant will be
required to meet all other requirements for licensure.
F. Upon receipt of all required and complete
documents, the board will provide the applicant with a written decision
regarding the application for an occupational license within 30 calendar days
after receiving an application.
G.
1. The applicant may appeal any of the
following decisions made by the board, in a court of general jurisdiction:
a. denial of a license.
b. determination of the
classification.
c. determination of
the similarity of the scope or practice of the occupational license
issued.
H. A
person who obtains a license or registration pursuant to this rule is subject
to all laws regulating the occupation in this state and the jurisdiction of
this board.
I. The term
military means the armed forces of the United States,
including the Army, Navy, Marine Corps, Coast Guard, Air Force, and the reserve
components thereof, the National Guard of any state, the Military Reserves of
any state, or the naval militia of any state.
J. The term dependent means:
1. a resident spouse or resident unmarried
child under the age of 21 years;
2.
a child who is a student under the age of 24 years and who is financially
dependent upon the parent; or
3. a
child of any age who is disabled and dependent upon the parent.
K. The provisions of this Section
shall not apply to any applicant receiving a dishonorable discharge or a
military spouse whose spouse received a dishonorable discharge.
L. This Section preempts laws by township,
municipal, county and other governments in the state which regulate
occupational licenses and government certification.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
37:3651
