RS 36 - Exemptions; prohibitions; records; reports
A. A licensing entity shall not be required to issue a license to any person convicted of any of the following:
(1) Any grade of homicide enumerated in R.S. 14:29.
(2) A "crime of violence" as enumerated in R.S. 14:2(B).
(3) A "sex offense" as defined by R.S. 15:541.
B. A licensing entity shall not be required to issue a license to any person convicted of an offense involving fraud if the licensed field of work is one in which the licensee owes a fiduciary duty to a client.
C. A licensing entity shall not be required to issue a license to an applicant whose conviction directly relates to the position of employment sought, or to the specific field for which the license is required, or profession for which the license is sought.
D. A license holder who supervises children or individuals who lack mental capacity shall not do so without another licensee in the room at all times.
E.(1) This Chapter shall not apply to the following licensing entities:
(a) Any law enforcement agency.
(b) The Louisiana State Board of Medical Examiners.
(c) The Louisiana State Board of Dentistry.
(d) The Louisiana State Board of Nursing.
(e) The Louisiana State Board of Practical Nurse Examiners.
(f) The Louisiana State Racing Commission.
(g) The State Boxing and Wrestling Commission.
(h) The Louisiana Board of Pharmacy.
(i) The Louisiana Supreme Court.
(j) The Louisiana Professional Engineering and Land Surveying Board.
(k) The Louisiana State Board of Architectural Examiners.
(l) The Louisiana State Board of Private Investigator Examiners.
(m) The Louisiana State Board of Embalmers and Funeral Directors.
(n) The Louisiana State Board of Elementary and Secondary Education.
(o) The Office of Financial Institutions.
(p) The Louisiana Physical Therapy Board.
(q) The Louisiana Board of Massage Therapy.
(r) The office of alcohol and tobacco control of the Department of Revenue.
(s) The health standards section of the Louisiana Department of Health.
(t) The Department of Insurance.
(u) The Louisiana State Board of Social Work Examiners.
(v) The Louisiana State Board of Examiners of Psychologists.
(w) The Louisiana Behavior Analyst Board.
(x) All offices, boards, or commissions under the supervision of the deputy secretary of the Department of Public Safety and Corrections, public safety services, or the superintendent of the Louisiana State Police, which are not delineated in this Section.
(y) The Louisiana Real Estate Commission.
(z) The Louisiana Real Estate Appraisers Board.
(aa) The Louisiana Licensed Professional Counselors Board of Examiners.
(2) Nothing in this Subsection shall be construed to preclude the licensing entity, in its discretion, from adopting the provisions of this Chapter as policies or administrative rules.
(3)(a) A licensing entity exempt from the provisions of this Chapter shall keep record and compile a report of the number of licenses denied by the entity, including all reasons for such denial, when the denial is of an otherwise qualified applicant who has been convicted of an offense or offenses.
(b) Notwithstanding the exemption of licensing entities as provided in this Section, any licensing entity issuing licenses in accordance with this Chapter to people with criminal convictions shall keep record and compile a report of the number of licenses issued and denied by the entity, including all reasons for any such issuance or denial.
(c) The entity shall provide the report annually to the House Committee on Commerce no later than February first of each year.
F. If a licensing entity believes that another exemption not provided in this Section is necessary in a specific case to protect the public from a clear and imminent danger, the entity may seek declaratory relief in district court through a judicial order finding that the applicant shall not be issued a license because it would pose such a danger.
Acts 2014, No. 809, §1, eff. June 19, 2014; Acts 2015, No. 157, §1; Acts 2016, No. 105, §1; Acts 2017, No. 262, §1.