SEC. 2. IMMUNITY FROM LIABILITY FOR DAMAGES. 
(a) IMMUNITY.—No person may recover damages 
under section 4 of the Clayton Act (15 U.S.C. 15) from 
an occupational licensing board, or from any member, offi-
cer, employee, or agent of such board, for an action taken 
in the official capacity of such board or the individual in-
volved, if the requirements specified in section 3 are satis-
fied with respect to such board. 
(b) APPLICATION TO CASES.—Subsection (a) shall 
not apply to a case commenced before the date of enact-
ment of this Act unless it would be inequitable not to apply 
such subsection to such case. 
SEC. 3. STATE BOARD OVERSIGHT PROVISIONS REQUIRED 
FOR IMMUNITY UNDER THIS ACT. 
For purposes of receiving immunity from liability for 
damages specified in section 2, an occupational licensing 
board referred to in such section shall be established in 
a State that requires that— 
(1) such State have in effect a law that— 
(A) requires an occupational license to en-
gage in or practice the occupation regulated by 
the such board, 
(B) specifies the qualifications required to 
be met to obtain such license, and 
(C) requires that the licensee adhere to the 
applicable standards of practice and ethical 
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standards to engage in or practice such occupa-
tion, 
(2) all members of such board be appointed or 
assigned by the chief executive officer, the legisla-
ture, or other elected officer of such State, 
(3) the such board include public representa-
tion, and 
(4) such State or such board has in effect a 
mechanism under which a person aggrieved by an 
action of such board has the right— 
(A) to contest such action at a hearing be-
fore such board at which such person may pro-
vide evidence, argument, and analysis, 
(B) to review, at a reasonable time before 
the hearing, all evidence that such board gath-
ers relating to such action, 
(C) to receive a final reasoned decision in 
writing from such board within a reasonable pe-
riod after the hearing, and 
(D) to appeal an adverse decision of such 
board to an independent adjudicator, including 
a court. 
SEC. 4. DEFINITIONS. 
In this Act: 
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(1) OCCUPATIONAL LICENSE.—The term ‘‘occu-
pational license’’ means a nontransferable State- 
issued authorization to perform an occupation. 
(2) OCCUPATIONAL
LICENSING
BOARD.—The 
term ‘‘occupational licensing board’’ means an entity 
established under State law— 
(A) for the express purpose of regulating 
the qualifications required for a person to en-
gage in or practice an occupation in such State, 
and 
(B) that has authority conferred by such 
law to interpret or enforce the laws and regula-
tions of such State applicable to regulating such 
qualifications. 
(3) PERSON.—The term ‘‘person’’ has the 
meaning given such term in subsection (a) of the 1st 
section of the Clayton Act (15 U.S.C. 12(a)). 
(4) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, or a 
territory or possession of the United States. 
Æ 
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