2018 Louisiana Laws
Revised Statutes
TITLE 37 - Professions and Occupations
RS 37:43 - Definitions

§43. Definitions

            For purposes of this Chapter, the following words have the meaning herein ascribed to them, unless the context clearly indicates otherwise:

            (1) "Active market participant" means an individual or entity that is any of the following:

            (a) Licensed by an occupational licensing board.

            (b) A provider of any service subject to the regulatory authority of an occupational licensing board.

            (c) Subject to the jurisdiction of an occupational licensing board.

            (2) "Active supervision" includes but is not limited to the Occupational Licensing Review Commission's responsibilities to do all of the following:

            (a) Review the substance of an occupational regulation proposed by any occupational licensing board.

            (b) Approve or disapprove with suggested amendments, or allow an occupational licensing board to withdraw for revision an occupational regulation to ensure compliance with state policy.

            (3) "Commission" means the Occupational Licensing Review Commission as provided for in R.S. 37:45.

            (4) "Least restrictive regulation" means, from least to most restrictive, all of the following:

            (a) Market competition.

            (b) Third-party or consumer-created ratings and reviews.

            (c) Specific private civil cause of action to remedy consumer harm as provided in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.

            (d) Regulation of the process of providing the specific goods or services to consumers.

            (e) Inspection.

            (f) Bonding or insurance.

            (g) Registration.

            (h) Occupational license.

            (5) "Occupational license" means a nontransferable authorization granted by an occupational licensing board for an individual or entity meeting certain qualifications or personal qualifications. In an occupation for which a license is required, it is unlawful for an individual or entity that does not possess a valid occupational license to perform the occupation for compensation.

            (6) "Occupational licensing board" means any state executive branch board, commission, department, or other agency that is all of the following:

            (a) Regulates the entry of persons into, or regulating the conduct of persons within, a particular profession or occupation.

            (b) Authorized to issue and revoke occupational licenses or registrations.

            (c) Controlled by active market participants.

            (7) "Occupational regulation" means a rule, regulation, restraint, practice, or policy allowing an individual to use an occupational title or work in a lawful occupation, including but not limited to registrations and occupational licenses. "Occupational regulation" excludes any license, permit, or regulation established by a parish or municipality.

            (8) "Personal qualifications" means the criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination or other assessment, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.

            (9) "Qualifications" means the criteria related to an entity's background and characteristics, including but not limited to the personal qualifications of certain persons associated with the entity, including but not limited to that or those of an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination or assessment, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.

            (10) "Registration" means a requirement to give notice to the state that may include the individual's or entity's name and address, the individual's or entity's agent for service of process, the location of the activity to be performed, and a description of the service the individual or entity provides. "Registration" does not include qualifications or personal qualifications but may require a bond or insurance. Upon the state's receipt of notice, the individual or entity may use "registered" as a designated title. "Registration" is not transferable.

            (11) "State policy" means the policy described in R.S. 37:44.

            Acts 2018, No. 623, §1, eff. May 30, 2018.