Maryland 2022 2022 Regular Session

Maryland House Bill HB112 Introduced / Bill

Filed 12/27/2021

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0112*  
  
HOUSE BILL 112 
J2   	2lr0456 
  	(PRE–FILED) 	CF 2lr1601 
By: Delegate Crosby 
Requested: September 10, 2021 
Introduced and read first time: January 12, 2022 
Assigned to: Health and Government Operations 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Health Occupations – Service Members, Veterans, and Military Spouses – 2 
Temporary Licensure, Certification, Registration, and Permitting  3 
 
FOR the purpose of requiring health occupations boards to issue a temporary license, 4 
certificate, registration, or permit to a service member, veteran, or military spouse 5 
who meets certain requirements; prohibiting a health occupations board from issuing 6 
a certain temporary license, certificate, registration, or permit if the issuance would 7 
pose a risk to public health, welfare, or safety; and generally relating to temporary 8 
health occupational licensure, certification, registration, and permitting 9 
requirements for service members, veterans, and military spouses.  10 
 
BY repealing and reenacting, with amendments, 11 
 Article – Health Occupations 12 
Section 1–701 13 
 Annotated Code of Maryland 14 
 (2021 Replacement Volume) 15 
 
BY adding to 16 
 Article – Health Occupations 17 
Section 1–702.1 and 1–702.2 18 
 Annotated Code of Maryland 19 
 (2021 Replacement Volume) 20 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 
That the Laws of Maryland read as follows: 22 
 
Article – Health Occupations 23 
 
1–701.  24 
  2 	HOUSE BILL 112  
 
 
 (a) In this subtitle the following words have the meanings indicated. 1 
 
 (b) “Health occupations board” means a board authorized to issue a license, 2 
certificate, or registration under this article. 3 
 
 (c) (1) “Military spouse” means the spouse of a service member or veteran. 4 
 
 (2) “Military spouse” includes a surviving spouse of: 5 
 
 (i) A veteran; or 6 
 
 (ii) A service member who died within 1 year before the date on 7 
which: 8 
 
 1. FOR THE PURPOSES OF §§ 1–702 AND 1–703 9 
THROUGH 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or 10 
registration is submitted; OR 11 
 
 2. FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 OF 12 
THIS SUBTITLE , THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 13 
REGISTRATION , OR PERMIT IS SUBMITTED . 14 
 
 (d) “Service member” means an individual who is an active duty member of: 15 
 
 (1) The armed forces of the United States; 16 
 
 (2) A reserve component of the armed forces of the United States; or 17 
 
 (3) The National Guard of any state. 18 
 
 (e) (1) “Veteran” means a former service member who was discharged from 19 
active duty under circumstances other than dishonorable within 1 year before the date on 20 
which:  21 
 
 (I) FOR THE PURPOSES OF §§ 1–702 AND 1–703 THROUGH  22 
1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 23 
is submitted; OR 24 
 
 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 OF THIS 25 
SUBTITLE, THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 26 
REGISTRATION , OR PERMIT IS SUBMITT ED. 27 
 
 (2) “Veteran” does not include an individual who has completed active duty 28 
and has been discharged for more than 1 year before: 29 
   	HOUSE BILL 112 	3 
 
 
 (I) FOR THE PURPOSES OF §§ 1–702 AND 1–703 THROUGH  1 
1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 2 
is submitted; OR 3 
 
 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 OF THIS 4 
SUBTITLE, THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 5 
REGISTRATION , OR PERMIT IS SUBMITT ED. 6 
 
1–702.1. 7 
 
 (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH 8 
HEALTH OCCUPATIONS B OARD SHALL ISSUE AN EXP EDITED TEMPORARY LIC ENSE, 9 
CERTIFICATE, REGISTRATION , OR PERMIT TO A SERVICE MEMBER , VETERAN, OR 10 
MILITARY SPOUSE WHO MEETS THE REQUIREMEN TS OF THIS SUBSECTIO N.  11 
 
 (2) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR 12 
PERMIT ISSUED UNDE R THIS SUBSECTION IS VALID UNTIL THE EARL IER OF:  13 
 
 (I) 6 MONTHS AFTER THE DAT E OF ISSUANCE; OR 14 
 
 (II) THE DATE ON WHICH A L	ICENSE, CERTIFICATE, 15 
REGISTRATION , OR PERMIT IS GRANTED OR A NOTI CE TO DENY A LICENSE , 16 
CERTIFICATE, REGISTRATION , OR PERMIT IS ISSUED BY THE HEALTH OCCUPATIONS 17 
BOARD.  18 
 
 (3) AN APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 19 
REGISTRATION , OR PERMIT TO PRACTICE A HEALTH OCCUPATION UNDER THI S 20 
SUBSECTION SHALL INC LUDE THE FOLLOWING , IN THE FORM AND MANN ER 21 
REQUIRED BY THE HEAL TH OCCUPATIONS BOARD :  22 
 
 (I) PROOF THAT THE APPLIC ANT IS A SERVICE MEM BER, 23 
VETERAN, OR MILITARY SPOUSE , INCLUDING: 24 
 
 1. FOR A SERVICE MEMBER OR VETERAN, A DD FORM 25 
214, PERMANENT CHANGE OF STATION ORDERS , OR A COMMON ACCESS CARD 26 
ISSUED BY THE U.S. DEPARTMENT OF DEFENSE; OR 27 
 
 2. FOR A MILITARY SPOUSE , A MARRIAGE CERTIFICA TE 28 
AND ONE OF THE FORMS OF IDENTIFICATION LI STED IN ITEM 1 OF THIS ITEM;  29 
 
 (II) PROOF THAT: 30 
 
 1. THE APPLICANT HAS HELD A VALID LICENSE , 31  4 	HOUSE BILL 112  
 
 
CERTIFICATE, REGISTRATION , OR PERMIT IN GOOD STANDING ISSUED IN AN OTHER 1 
STATE FOR AT LEAST 1 YEAR; AND 2 
 
 2. EACH VALID LICENSE , CERTIFICATE, REGISTRATION, 3 
OR PERMIT HELD BY TH E APPLICANT ISSUED I N ANOTHER STATE IS I N GOOD 4 
STANDING; 5 
 
 (III) IF THE APPLICANT IS A SERVICE MEMBER OR VE TERAN, 6 
PROOF THAT THE APPLICANT I S ASSIGNED TO A DUTY STATION IN THE STATE OR 7 
HAS ESTABLISHED LEGA L RESIDENCE IN THE STATE; 8 
 
 (IV) IF THE APPLICANT IS A MILITARY SPOUSE , PROOF THAT: 9 
 
 1. THE APPLICANT ’S SPOUSE IS ASSIGNED TO A DUTY 10 
STATION IN THE STATE OR HAS ESTABLISHED LEGAL RE SIDENCE IN THE STATE; OR 11 
 
 2. IF THE APPLICANT IS A SURVIVING SPOUSE 12 
DESCRIBED UNDER § 1–701(C)(2) OF THIS SUBTITLE , THE APPLICANT HAS 13 
ESTABLISHED LEGAL RE SIDENCE IN THE STATE; 14 
 
 (V) 1. PROOF OF APPLICATION FOR A NATIONAL CRIMINAL 15 
HISTORY RECORDS CHEC K; OR 16 
 
 2. THE RESULTS OF A NATI ONAL CRIMINAL HISTOR Y 17 
RECORDS CHECK COMPLE TED WITHIN 1 YEAR BEFORE THE DATE OF APPLICATION ; 18 
 
 (VI) PROOF THAT THE APPLIC ANT HAS SUBMITTED AN 19 
APPLICATION FOR FULL LICENSURE, CERTIFICATION , REGISTRATIO N, OR 20 
PERMITTING; AND  21 
 
 (VII) PAYMENT OF ANY APPLIC ATION FEE REQUIRED B Y THE 22 
HEALTH OCCUPATIONS B OARD.  23 
 
 (B) (1) A HEALTH OCCUPATIONS B OARD MAY APPLY TO TH E SECRETARY 24 
FOR APPROVAL OF AN A LTERNATIVE PROCESS F OR LICENSURE , CERTIFICATION , 25 
REGISTRATION , OR PERMITTING THAT DOES NOT MEET T HE REQUIREMENTS OF 26 
SUBSECTION (A) OF THIS SECTION BUT THAT ALLOWS SERVICE MEMBERS, 27 
VETERANS, AND MILITARY SPOUSES TO OBTAIN A LICENSE , CERTIFICATE, 28 
REGISTRATION , OR PERMIT UNDER THIS ARTICLE I N AN EXPEDITED MANNE R THAT 29 
MEETS THE GOALS OF SUBSECT ION (A) OF THIS SECTION.  30 
 
 (2) IF THE SECRETARY APPROVES AN ALTERNATIVE PROCESS FOR 31 
LICENSURE, CERTIFICATION , REGISTRATION , OR PERMITTING UNDER PARAGRAPH 32   	HOUSE BILL 112 	5 
 
 
(1) OF THIS SUBSECTION , THE HEALTH OCCUPATIO NS BOARD SHALL BE 1 
CONSIDERED TO HAV E FULFILLED THE REQU IREMENTS OF SUBSECTI ON (A) OF THIS 2 
SECTION.  3 
 
1–702.2. 4 
 
 (A) SUBJECT TO SUBSECTION S (B) AND (C) OF THIS SECTION , A HEALTH 5 
OCCUPATIONS BOARD MA Y ISSUE A TEMPORARY LICENSE, CERTIFICATE, 6 
REGISTRATION , OR PERMIT TO A SERVICE MEMBER , VETERAN, OR MILITARY SPOUSE 7 
WHO HAS HELD A VALID LICENSE , CERTIFICATE, REGISTRATION , OR PERMIT IN 8 
GOOD STANDING ISSUED IN ANOTHER STATE FOR LESS THAN 1 YEAR IF EACH VALID 9 
LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT HELD BY TH E SERVICE 10 
MEMBER, VETERAN, OR MILITARY SPOUSE IS I N GOOD STANDING . 11 
 
 (B) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR PERMIT 12 
ISSUED UNDER THIS SE CTION AUTHORIZES THE SERVICE MEMBER , VETERAN, OR 13 
MILITARY SPOUSE , FOR A LIMITED PERIOD OF TIME AS DETERMINE D BY THE 14 
HEALTH OCCUPATIONS BOARD, TO PERFORM SERVICES REGULATED BY THE 15 
HEALTH OCCUPATIONS B OARD WHILE THE SERVI CE MEMBER , VETERAN, OR 16 
MILITARY SPOUSE COMP LETES THE REQUIREMEN TS FOR LICENSURE , 17 
CERTIFICATION , REGISTRATION , OR PERMITTING IN THE STATE. 18 
 
 (C) A HEALTH OCCUPATIONS B OARD M AY NOT ISSUE A LICEN SE, 19 
CERTIFICATE, REGISTRATION , OR PERMIT UNDER THIS SECTION I F ISSUANCE OF 20 
THE LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT WOULD POSE A RISK TO 21 
PUBLIC HEALTH , WELFARE, OR SAFETY. 22 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 
October 1, 2022. 24