EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0230* SENATE BILL 230 J2 2lr1601 CF HB 112 By: Senator Jackson Introduced and read first time: January 13, 2022 Assigned to: Education, Health, and Environmental Affairs 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 (a) In this subtitle the following words have the meanings indicated. 25 2 SENATE BILL 230 (b) “Health occupations board” means a board authorized to issue a license, 1 certificate, or registration under this article. 2 (c) (1) “Military spouse” means the spouse of a service member or veteran. 3 (2) “Military spouse” includes a surviving spouse of: 4 (i) A veteran; or 5 (ii) A service member who died within 1 year before the date on 6 which: 7 1. FOR THE PURPOSES OF §§ 1–702 AND 1–703 8 THROUGH 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or 9 registration is submitted; OR 10 2. FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 OF 11 THIS SUBTITLE , THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 12 REGISTRATION , OR PERMIT IS SUBMITT ED. 13 (d) “Service member” means an individual who is an active duty member of: 14 (1) The armed forces of the United States; 15 (2) A reserve component of the armed forces of the United States; or 16 (3) The National Guard of any state. 17 (e) (1) “Veteran” means a former service member who was discharged from 18 active duty under circumstances other than dishonorable within 1 year before the date on 19 which: 20 (I) FOR THE PURPOSES OF §§ 1–702 AND 1–703 THROUGH 21 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 22 is submitted; OR 23 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 OF THIS 24 SUBTITLE, THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 25 REGISTRATION , OR PERMIT IS SUBMITT ED. 26 (2) “Veteran” does not include an individual who has completed active duty 27 and has been discharged for more than 1 year before: 28 (I) FOR THE PURPOSES OF §§ 1–702 AND 1–703 THROUGH 29 SENATE BILL 230 3 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 1 is submitted; OR 2 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 OF THIS 3 SUBTITLE, THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 4 REGISTRATION , OR PERMIT IS SUBMITT ED. 5 1–702.1. 6 (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH 7 HEALTH OCCUPATIONS B OARD SHALL ISSUE AN EXPEDITED TEMPO RARY LICENSE, 8 CERTIFICATE, REGISTRATION , OR PERMIT TO A SERVI CE MEMBER , VETERAN, OR 9 MILITARY SPOUSE WHO MEETS THE REQUIREMEN TS OF THIS SUBSECTIO N. 10 (2) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR 11 PERMIT ISSUED UNDER THIS SUBSECTION IS V ALID UNTIL THE EARLIER OF : 12 (I) 6 MONTHS AFTER THE DAT E OF ISSUANCE; OR 13 (II) THE DATE ON WHICH A L ICENSE, CERTIFICATE, 14 REGISTRATION , OR PERMIT IS GRANTED OR A NOTICE TO DENY A LICENSE, 15 CERTIFICATE, REGISTRATION , OR PERMIT IS ISSUED BY THE HEALTH OCCUPA TIONS 16 BOARD. 17 (3) AN APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 18 REGISTRATION , OR PERMIT TO PRACTIC E A HEALTH OCCUPATIO N UNDER THIS 19 SUBSECTION SHALL INC LUDE THE FOLLOWING , IN THE FORM AND MANN ER 20 REQUIRED BY THE HEAL TH OCCUPATIONS BOARD : 21 (I) PROOF THAT THE APPLICANT IS A SERVICE MEMBER , 22 VETERAN, OR MILITARY SPOUSE , INCLUDING: 23 1. FOR A SERVICE MEMBER OR VETERAN, A DD FORM 24 214, PERMANENT CHANGE OF STATION ORDERS , OR A COMMON ACCESS C ARD 25 ISSUED BY THE U.S. DEPARTMENT OF DEFENSE; OR 26 2. FOR A MILITARY SPOUSE , A MARRIAGE CERTIFICA TE 27 AND ONE OF THE FORMS OF IDENTIFICATION LI STED IN ITEM 1 OF THIS ITEM; 28 (II) PROOF THAT: 29 1. THE APPLICANT HAS HEL D A VALID LICENSE , 30 CERTIFICATE, REGISTRATION , OR PERMIT IN GOOD ST ANDING ISSUED IN ANO THER 31 4 SENATE BILL 230 STATE FOR AT LEAST 1 YEAR; AND 1 2. EACH VALID LICENSE , CERTIFICATE, REGISTRATION , 2 OR PERMIT HELD BY TH E APPLICANT ISSUED I N ANOTHER STATE IS I N GOOD 3 STANDING; 4 (III) IF THE APPLICANT IS A SERVICE MEMBER OR VE TERAN, 5 PROOF THAT THE APPLI CANT IS ASSIGNED TO A DUTY STATION IN TH E STATE OR 6 HAS ESTABLISHED LEGA L RESIDENCE IN THE STATE; 7 (IV) IF THE APPLICANT IS A MILITARY SPOUSE , PROOF THAT: 8 1. THE APPLICANT ’S SPOUSE IS ASSIGNED TO A DUTY 9 STATION IN THE STATE OR HAS ESTABLIS HED LEGAL RESIDENCE IN THE STATE; OR 10 2. IF THE APPLICANT IS A SURVIVING SPOUSE 11 DESCRIBED UNDER § 1–701(C)(2) OF THIS SUBTITLE , THE APPLICANT HAS 12 ESTABLISHED LEGAL RE SIDENCE IN THE STATE; 13 (V) 1. PROOF OF APPLICATION FOR A NATIONAL CRIMI NAL 14 HISTORY RECORDS CHEC K; OR 15 2. THE RESULTS OF A NATI ONAL CRIMINAL HISTOR Y 16 RECORDS CHECK COMPLE TED WITHIN 1 YEAR BEFORE THE DATE OF APPLICATION ; 17 (VI) PROOF THAT THE APPLIC ANT HAS SUBMITTED AN 18 APPLICATION FOR FULL LICENSURE, CERTIFICATION , REGISTRATION , OR 19 PERMITTING; AND 20 (VII) PAYMENT OF ANY APPLICA TION FEE REQUIRED BY THE 21 HEALTH OCCUPATIONS B OARD. 22 (B) (1) A HEALTH OCCUPATIONS B OARD MAY APPLY TO TH E SECRETARY 23 FOR APPROVAL OF AN A LTERNATIVE PROCESS F OR LICENSURE , CERTIFICATION , 24 REGISTRATION , OR PERMITTING THAT D OES NOT MEET THE REQUIREMENTS OF 25 SUBSECTION (A) OF THIS SECTION BUT THAT ALLOWS SERVICE MEMBERS, 26 VETERANS, AND MILITARY SPOUSES TO OBTAIN A LICENSE , CERTIFICATE, 27 REGISTRATION , OR PERMIT UNDER THIS ARTICLE IN AN EXPEDI TED MANNER THAT 28 MEETS THE GOALS OF S UBSECTION (A) OF THIS SECTION. 29 (2) IF THE SECRETARY APPROVES AN ALTERNATIVE PROCESS FOR 30 LICENSURE, CERTIFICATION , REGISTRATION , OR PERMITTING UNDER PARAGRAPH 31 (1) OF THIS SUBSECTION , THE HEALTH OCCUPATIO NS BOARD SHALL BE 32 SENATE BILL 230 5 CONSIDERED TO HAVE F ULFILLED THE REQUIRE MENTS OF SUB SECTION (A) OF THIS 1 SECTION. 2 1–702.2. 3 (A) SUBJECT TO SUBSECTION S (B) AND (C) OF THIS SECTION , A HEALTH 4 OCCUPATIONS BOARD MA Y ISSUE A TEMPORARY LICENSE, CERTIFICATE, 5 REGISTRATION , OR PERMIT TO A SERVI CE MEMBER, VETERAN, OR MILITARY SPOUSE 6 WHO HAS HELD A VALID LICENSE , CERTIFICATE, REGISTRATION , OR PERMIT IN 7 GOOD STANDING ISSUED IN ANOTHER STATE FOR LESS THAN 1 YEAR IF EACH VALID 8 LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT HELD BY TH E SERVICE 9 MEMBER, VETERAN, OR MILITARY SPOUSE I S IN GOOD STANDING . 10 (B) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR PERMIT 11 ISSUED UNDER THIS SE CTION AUTHORIZES THE SERVICE MEMBER , VETERAN, OR 12 MILITARY SPOUSE , FOR A LIMITED PERIOD OF TIME AS DETERMINE D BY THE 13 HEALTH OCCUPATIONS B OARD, TO PERFORM SERVICES REGULATED BY T HE 14 HEALTH OCCUPATIONS B OARD WHILE THE SERVI CE MEMBER , VETERAN, OR 15 MILITARY SPOUSE COMP LETES THE REQUIREMEN TS FOR LICENSURE , 16 CERTIFICATION , REGISTRATION , OR PERMITTING IN THE STATE. 17 (C) A HEALTH OCCUPATIONS B OARD MAY NOT ISSUE A LICENSE, 18 CERTIFICATE, REGISTRATION, OR PERMIT UNDER THIS SECTION IF ISSUANCE OF 19 THE LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT WOULD POSE A RISK TO 20 PUBLIC HEALTH , WELFARE, OR SAFETY. 21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 2022. 23