2006 Louisiana Laws - RS 37:2950 — Felony convictions\' effect on trade, occupational and professional licensing

CHAPTER 38.  EMPLOYMENT RESTRICTIONS

§2950.  Felony convictions' effect on trade, occupational, and professional licensing

A.  Notwithstanding any other provisions of law to the contrary, a person shall not be disqualified, or held ineligible to practice or engage in any trade, occupation, or profession for which a license, permit or certificate is required to be issued by the state of Louisiana or any of its agencies or political subdivisions, solely because of a prior criminal record, except in cases in which the applicant has been convicted of a felony, and such conviction directly relates to the position of employment sought, or to the specific occupation, trade or profession for which the license, permit or certificate is sought.

B.  Any decision which prohibits an applicant from engaging in the occupation, trade or profession for which the license, permit or certificate is sought, which is based in whole or in part on conviction of any crime, as described in Subsection A, shall explicitly state in writing the reasons for the decision.

C.  Any complaints concerning violations of this Section shall be adjudicated in accordance with procedures set forth for administrative and judicial review, contained in Title 49 of the Louisiana Revised Statutes of 1950.

D.(1)(a)  This Section shall not be applicable to:

(i)  Any law enforcement agency.

(ii)  The Louisiana State Board of Medical Examiners.

(iii)  The Louisiana State Board of Dentistry.

(iv)  The Louisiana State Board of Nursing.

(v)  The Louisiana State Board of Practical Nurse Examiners.

(vi)  The State Racing Commission.

(vii)  The State Athletic Commission.

(viii)  The Louisiana State Board of Pharmacy.

(ix)  The Louisiana State Bar Association.

(x)  The Louisiana Professional Engineering and Land Surveying Board.

(xi)  The Louisiana State Board of Architectural Examiners.

(xii)  The Louisiana State Board of Private Investigator Examiners.

(xiii)  The Louisiana State Board of Embalmers and Funeral Directors.

(xiv)  The Louisiana State Board of Elementary and Secondary Education.

(b)  Nothing herein shall be construed to preclude the agency, in its discretion, from adopting the policy set forth in this Section.

(2)  This Section shall not be applicable to the office of alcohol and tobacco control of the Department of Revenue.

Added by Acts 1978, No. 341, §1.  Amended by Acts 1980, No. 574, §1; Acts 1981, No. 531, §1; Acts 1987, No. 694, §1; Acts 1995, No. 1188, §4, eff. June 29, 1995; Acts 1997, No. 364, §1; Acts 1997, No. 658, §2; Acts 1997, No. 1370, §4; Acts 1999, No. 1222, §1; Acts 2003, No. 279, §5; Acts 2004, No. 146, §1.

NOTE: See Acts 1987, No. 694, §§2 and 3.


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