Louisiana Revised Statutes 37:43 – Definitions
Terms Used In Louisiana Revised Statutes 37:43
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
For purposes of this Chapter, the following words have the meaning ascribed to them in this Section, 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 La. Rev. Stat. 37:45.
(4) “Fiduciary” has the same meaning as that term is defined in La. Rev. Stat. 9:3801.
(5) “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, La. Rev. Stat. 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.
(6) “Occupational license” means a nontransferable authorization granted by an occupational licensing board for an individual or entity meeting personal qualifications, as that term is defined in this Section, in order to fulfill a legitimate fiduciary, public health, safety, or welfare objective.
(7) “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.
(8) “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 in order to fulfill a legitimate fiduciary, public health, safety, or welfare objective or a financial, tax, or accounting objective. “Occupational regulation” excludes any license, permit, or regulation established by a parish or municipality.
(9) “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.
Acts 2018, No. 623, §1, eff. May 30, 2018; Acts 2022, No. 583, §1.