§ 37:1751 — Licensure for dependents of certain healthcare professionals

Louisiana § 37:1751

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§1751. Licensure for dependents of certain healthcare professionals
A. For the purposes of this Section, the following definitions apply:
(1) "Dependent" means any of the following who relocates to Louisiana with a
healthcare professional:
(a) The healthcare professional's spouse.
(b) The healthcare professional's unmarried child under the age of twenty-one years.
(c) The healthcare professional's child who is a student under the age of twenty-four
years and who is financially dependent upon the healthcare professional.
(d) The healthcare professional's child of any age who is disabled and financially
dependent upon the healthcare professional.
(2) "Healthcare professional" means a person who provides healthcare 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.
(3) "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.
B. Notwithstanding any other provision of 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 this Section if the healthcare professional has relocated to
and established his legal residence in Louisiana, holds a valid license to provide healthcare
services in Louisiana, and is providing healthcare services in Louisiana.
C. An applicant who is a dependent of a healthcare professional as provided for in
Subsection A of this Section shall apply to the appropriate professional or occupational
licensing board pursuant to one of the following:
(1) Licensure by endorsement or reciprocity if provided for in law.
(2) If the applicant holds an out-of-state license but licensure by endorsement or
reciprocity is not provided for in 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 as 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 the laws 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. If the applicant has a complaint, allegation, or investigation pending, the
professional or occupational licensing board in this state shall not issue or deny an
occupational 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. If the applicant
fails to qualify for a permanent license as determined by the occupational or licensing board
once the permanent application is vetted, any temporary permit shall automatically terminate.
(3) Licensure based on work experience in another state, if all of the following apply:
(a) The applicant worked in a state that does not use an occupational license or
government certification to regulate the applicant's occupation, but Louisiana uses an
occupational license or government certification to regulate an occupation with a similar
scope of practice, as determined by the Louisiana professional or occupational licensing
board.
(b) The applicant worked for at least three years in the occupation.
(c) The applicant satisfies the requirements of Subparagraphs (2)(e) through (j) of
this Subsection.
D. A professional or occupational licensing board may require an applicant to pass
a jurisprudential examination specific to relevant state laws that regulate the occupation if
required by law or the administrative rules promulgated by the board.
E. The professional or occupational licensing board shall provide the applicant with
a written decision regarding the application for a license no later than thirty calendar days
after receiving a completed application.
F. The applicant may appeal any action, decision, or determination made by a
professional or occupational board pursuant to this Section, including but not limited to the
denial of a license or determination of an occupation or similarity of a scope of practice, in
accordance with the Administrative Procedure Act.
G. A person who obtains a permit pending normal license, occupational license, or
government certification pursuant to this Section shall be subject to the laws regulating the
occupation in this state and the jurisdiction of the professional or occupational licensing
board in this state.
H. The provisions of this Section shall preempt any laws or ordinances by township,
municipal, parish, and other governments in this state which regulate occupational licenses
and government certification.
I. Each professional or occupational licensing board subject to the provisions of this
Section shall adopt rules in accordance with the Administrative Procedure Act necessary to
implement the provisions in this Section.
J. Nothing in this Section shall be construed to prohibit an applicant from proceeding
under the existing licensure, certification, or registration requirements established by law and
the rules promulgated by a professional or occupational licensing board in this state.
K. The provisions of this Section shall not apply to an occupation regulated by the
state supreme court, a license issued and regulated under the authority of the judicial branch
of government, any person covered under the Nurse Licensure Compact, or any person who
obtains licensure or registration on a nationwide licensing or registry system.

Legislative History

Acts 2021, No. 279, §1.