,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hfhj  ,,in ,,the ,,house ,,of  
,,representatives  ,october #bc1        
#bjbj,mr4 ,raskin 7for himself1 ,mr4    
,cicilline1 and ,mr4 ,conaway7          
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to provide      
immunity from liability under section #d
 of the ,clayton ,act for damages in    
cases against occupational licensing    
boards that meet appropriate standards1 
to provide for the establishment of     
those standards1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,occupational ,licensing   
,board ,antitrust ,damages ,relief ,act 
of #bjbj4  #b4 ,immunity from liability 
for damages  7a7 ,immunity ,no person   
may recover damages under section #d of 
the ,clayton ,act 7#ae ,u4,s4,c4 #ae7   
from an occupational licensing board1 or
 from any member1 officer1 employee1 or 
agent of such board1 for an action taken
 in the official capacity of such board 

or the individual involved1 if the      
requirements specified in section #c are
 satisfied with respect to such board4  
7b7 ,application to cases ,subsection   
7a7 shall not apply to a case commenced 
before the date of enactment of this    
,act unless it would be inequitable not 
to apply such subsection to such case4  
#c4 ,state board oversight provisions   
required for immunity under this ,act   
,for purposes of receiving immunity from
 liability for damages specified in     
section #b1 an occupational licensing   
board referred to in such section shall 
be established in a ,state that requires
 that-- 7#a7 such ,state have in effect 
a law that-- 7,a7 requires an           
occupational license to engage in or    
practice the occupation regulated by the
 such board1  7,b7 specifies the        
qualifications required to be met to    
obtain such license1 and  7,c7 requires 
that the licensee adhere to the         
applicable standards of practice and    
ethical standards to engage in or       

practice such occupation1  7#b7 all     
members of such board be appointed or   
assigned by the chief executive officer1
 the legislature1 or other elected      
officer of such ,state1  7#c7 the such  
board include public representation1 and
  7#d7 such ,state or such board has in 
effect a mechanism under which a person 
aggrieved by an action of such board has
 the right-- 7,a7 to contest such action
 at a hearing before such board at which
 such person may provide evidence1      
argument1 and analysis1  7,b7 to review1
 at a reasonable time before the        
hearing1 all evidence that such board   
gathers relating to such action1  7,c7  
to receive a final reasoned decision in 
writing from such board within a        
reasonable period after the hearing1 and
  7,d7 to appeal an adverse decision of 
such board to an independent            
adjudicator1 including a court4  #d4    
,definitions ,in this ,act3 7#a7        
,occupational license ,the term         
occupational license means a            

nontransferable ,state-issued           
authorization to perform an occupation4 
7#b7 ,occupational licensing board ,the 
term occupational licensing board means 
an entity established under ,state law--
 7,a7 for the express purpose of        
regulating the qualifications required  
for a person to engage in or practice an
 occupation in such ,state1 and  7,b7   
that has authority conferred by such law
 to interpret or enforce the laws and   
regulations of such ,state applicable to
 regulating such qualifications4  7#c7  
,person ,the term person has the meaning
 given such term in subsection 7a7 of   
the #ast section of the ,clayton ,act   
7#ae ,u4,s4,c4 #ab7;a774  7#d7 ,state   
,the term ,state means any of the       
several ,states1 the ,district of       
,columbia1 or a territory or possession 
of the ,united ,states4