EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0230* SENATE BILL 230 J2 2lr1601 CF HB 112 By: Senator Jackson Senators Jackson, Hester, and Carozza Introduced and read first time: January 13, 2022 Assigned to: Education, Health, and Environmental Affairs Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 22, 2022 CHAPTER ______ 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 an expedited temporary 4 license, certificate, registration, or permit to a service member, veteran, or military 5 spouse who meets certain requirements; prohibiting a health occupations board from 6 issuing a certain temporary license, certificate, registration, or permit if the issuance 7 would pose a risk to public health, welfare, or safety requiring each health 8 occupations board to include a check–off box prominently on a license, certification, 9 or registration application form; requiring the Maryland Department of Health to 10 publish prominently certain information on its website; and generally relating to 11 temporary health occupational licensure, certification, registration, and permitting 12 requirements for service members, veterans, and military spouses. 13 BY repealing and reenacting, with amendments, 14 Article – Health Occupations 15 Section 1–701, 1–704, and 1–705 16 Annotated Code of Maryland 17 (2021 Replacement Volume) 18 BY adding to 19 Article – Health Occupations 20 Section 1–702.1 and 1–702.2 21 Annotated Code of Maryland 22 (2021 Replacement Volume) 23 2 SENATE BILL 230 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Health Occupations 3 1–701. 4 (a) In this subtitle the following words have the meanings indicated. 5 (b) “Health occupations board” means a board authorized to issue a license, 6 certificate, or registration under this article. 7 (c) (1) “Military spouse” means the spouse of a service member or veteran. 8 (2) “Military spouse” includes a surviving spouse of: 9 (i) A veteran; or 10 (ii) A service member who died within 1 year 3 YEARS before the 11 date on which: 12 1. FOR THE PURPOSES OF §§ 1–702 AND 1–703 13 THROUGH 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or 14 registration is submitted; OR 15 2. FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 § 16 1–702.1 OF THIS SUBTITLE , THE APPLICATION FOR A TEMPORARY LICE NSE, 17 CERTIFICATE, REGISTRATION , OR PERMIT IS SUBMITT ED. 18 (d) “Service member” means an individual who is an active duty member of: 19 (1) The armed forces of the United States UNIFORMED SERVICES , AS 20 DEFINED BY 10 U.S.C. § 101; 21 (2) A reserve component of the armed forces of the United States; or 22 (3) The National Guard of any state. 23 (e) (1) “Veteran” means a former service member who was discharged from 24 active duty under circumstances other than dishonorable within 1 year before the date on 25 which: 26 (I) FOR THE PURPOSES OF §§ 1–702 AND 1–703 THROUGH 27 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 28 is submitted; OR 29 SENATE BILL 230 3 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 § 1–702.1 1 OF THIS SUBTITLE, THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 2 REGISTRATION , OR PERMIT IS SUBMITT ED. 3 (2) “Veteran” does not include an individual who has completed active duty 4 and has been discharged for more than 1 year before: 5 (I) FOR THE PURPOSE S OF §§ 1–702 AND 1–703 THROUGH 6 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 7 is submitted; OR 8 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 § 1–702.1 9 OF THIS SUBTITLE , THE APPLICATION FOR A TEMPORARY LICEN SE, CERTIFICATE, 10 REGISTRATION , OR PERMIT IS SUBMITT ED. 11 1–702.1. 12 (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH 13 HEALTH OCCUPATIONS B OARD SHALL ISSUE AN EXPEDITED TEMPORARY LICENSE, 14 CERTIFICATE, REGISTRATION , OR PERMIT TO A SERVI CE MEMBER, VETERAN, OR 15 MILITARY SPOUSE WHO MEETS THE REQUIREMEN TS OF THIS SUBSECTIO N. 16 (2) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR 17 PERMIT ISSUED UNDER THIS SUBSECTION IS V ALID UNTIL THE EARLI ER OF: 18 (I) 6 MONTHS AFTER THE DAT E OF ISSUANCE; OR 19 (II) THE DATE ON WHICH A L ICENSE, CERTIFICATE, 20 REGISTRATION , OR PERMIT IS GRANTED OR A NOTICE TO DENY A LICENSE, 21 CERTIFICATE, REGISTRATION , OR PERMIT IS ISSUED BY THE HEALTH OCCUPA TIONS 22 BOARD. 23 (3) AN APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 24 REGISTRATION , OR PERMIT TO PRACTIC E A HEALTH OCCUPATIO N UNDER THIS 25 SUBSECTION SHALL INC LUDE THE FOLLOWING , IN THE FORM AND MANN ER 26 REQUIRED BY THE HEAL TH OCCUPATIONS BOARD : 27 (I) PROOF THAT THE APPLIC ANT IS A SERVICE MEM BER, 28 VETERAN, OR MILITARY SPOUSE , INCLUDING: 29 1. FOR A SERVICE MEMBER OR VETERAN, A DD FORM 30 214, PERMANENT CHANGE OF STATION ORDERS , OR A COMMON ACCESS C ARD 31 ISSUED BY THE U.S. DEPARTMENT OF DEFENSE; OR 32 4 SENATE BILL 230 2. FOR A MILITARY SPOUSE , A MARRIAGE CERTIFICA TE 1 AND ONE OF THE FORMS OF IDENTIFICATION LI STED IN ITEM 1 OF THIS ITEM; 2 (II) PROOF THAT: 3 1. THE APPLICANT HAS HEL D A VALID LICENSE , 4 CERTIFICATE, REGISTRATION , OR PERMIT IN GOOD ST ANDING ISSUED IN ANO THER 5 STATE FOR AT LEAST 1 YEAR; AND 6 2. EACH VALID LICENSE , CERTIFICATE, REGISTRATION , 7 OR PERMIT HELD BY TH E APPLICANT ISSUED I N ANOTHER STATE IS I N GOOD 8 STANDING; AND 9 3. EACH VALID LICENSE , CERTIFICATE, REGISTRATION , 10 OR PERMIT HELD BY TH E APPLICANT REQUIRED SUBSTANTIAL LY SIMILAR 11 QUALIFICATIONS AS TH E LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT FOR 12 WHICH THE APPLICANT HAS APPLIED , AS DETERMINED BY THE HEALTH 13 OCCUPATIONS BOARD ; 14 (III) IF THE APPLICANT IS A SERVICE MEMBER OR VE TERAN, 15 PROOF THAT THE APPLICANT IS ASSIGNE D TO A DUTY STATION IN THE STATE OR 16 HAS ESTABLISHED LEGA L RESIDENCE IN THE STATE; 17 (IV) IF THE APPLICANT IS A MILITARY SPOUSE , PROOF THAT: 18 1. THE APPLICANT ’S SPOUSE IS ASSIGNED TO A DUTY 19 STATION IN THE STATE OR HAS ESTABLIS HED LEGAL RESIDENCE IN T HE STATE; OR 20 2. IF THE APPLICANT IS A SURVIVING SPOUSE 21 DESCRIBED UNDER § 1–701(C)(2) OF THIS SUBTITLE , THE APPLICANT HAS 22 ESTABLISHED LEGAL RE SIDENCE IN THE STATE; 23 (V) 1. PROOF OF APPLICATION FOR A NATIONAL CRIMI NAL 24 HISTORY RECO RDS CHECK; OR 25 2. THE RESULTS OF A NATI ONAL CRIMINAL HISTOR Y 26 RECORDS CHECK COMPLE TED WITHIN 1 YEAR BEFORE THE DATE OF APPLICATION 27 PROOF THAT THE APPLIC ANT HAS COMPLETED A NATIONAL CRIMINAL HI STORY 28 RECORDS CHECK IN ACC ORDANCE WITH REGULAT IONS ADOPTED BY THE HEALTH 29 OCCUPATIONS BOARD ; 30 SENATE BILL 230 5 (VI) PROOF THAT THE APPLIC ANT HAS SUBMITTED AN 1 APPLICATION FOR FULL LICENSURE, CERTIFICATION , REGISTRATION , OR 2 PERMITTING; AND 3 (VII) PAYMENT OF ANY APPLIC ATION FEE REQUIRED B Y THE 4 HEALTH OCCUPATIONS B OARD. 5 (B) (1) A HEALTH OCCUPATIONS B OARD MAY APPLY TO TH E SECRETARY 6 FOR APPROVAL OF AN A LTERNATIVE PROCESS F OR LICENSURE , CERTIFICATION , 7 REGISTRATION , OR PERMITTING THAT D OES NOT MEET THE REQ UIREMENTS OF 8 SUBSECTION (A) OF THIS SECTION BUT THAT ALLOWS SERVICE MEMBERS, 9 VETERANS, AND MILITARY SPOUSES TO OBTAIN A LICENSE , CERTIFICATE, 10 REGISTRATION , OR PERMIT UNDER THIS ARTICLE IN AN EXPEDI TED MANNER THAT 11 MEETS THE GOALS OF S UBSECTION (A) OF THIS SECTION. 12 (2) IF THE SECRETARY APPROVES AN ALTERNATIVE PROCESS FOR 13 LICENSURE, CERTIFICATION , REGISTRATION , OR PERMITTING UNDER PARAGRAPH 14 (1) OF THIS SUBSECTION , THE HEALTH OCCUPATIO NS BOARD SHALL BE 15 CONSIDERED TO HAVE F ULFILLED THE REQUIRE MENTS OF SUBSECTION (A) OF THIS 16 SECTION. 17 1–702.2. 18 (A) SUBJECT TO SUBSECTION S (B) AND (C) OF THIS SECTION , A HEALTH 19 OCCUPATIONS BOARD MA Y ISSUE A TEMPORARY LICENSE, CERTIFICATE, 20 REGISTRATION , OR PERMIT TO A SERVI CE MEMBER, VETERAN, OR MILITARY SPOUSE 21 WHO HAS HELD A VALID LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT IN 22 GOOD STANDING ISSUED IN ANOTHER STATE FOR LES S THAN 1 YEAR IF EACH VALID 23 LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT HELD BY TH E SERVICE 24 MEMBER, VETERAN, OR MILITARY SPOUSE I S IN GOOD STANDING . 25 (B) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR PERMIT 26 ISSUED UNDER THIS SE CTION AUTHORIZES THE SERVICE MEMBER , VETERAN, OR 27 MILITARY SPOUSE , FOR A LIMITED PERIOD OF TIME AS DETERMINE D BY THE 28 HEALTH OCCUPATIONS B OARD, TO PERFORM SERVICES REGULATED BY THE 29 HEALTH OCCUPATIONS B OARD WHILE THE SERVI CE MEMBER , VETERAN, OR 30 MILITARY SPOUSE COMPLETES THE REQUIR EMENTS FOR LICENSURE , 31 CERTIFICATION , REGISTRATION , OR PERMITTING IN THE STATE. 32 (C) A HEALTH OCCUPATIONS B OARD MAY NOT ISSUE A LICENSE, 33 CERTIFICATE, REGISTRATION , OR PERMIT UNDER THIS SECTION IF ISSUANCE OF 34 THE LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT WOULD POSE A RISK TO 35 PUBLIC HEALTH , WELFARE, OR SAFETY. 36 6 SENATE BILL 230 1–704. 1 (a) [(1)] Each health occupations board shall [develop]: 2 (1) DEVELOP a procedure by which an individual who applies for a license, 3 certificate, or registration can notify the board that the individual is a service member, 4 veteran, or military spouse[.]; AND 5 (2) [A health occupations board may satisfy the requirement of paragraph 6 (1) of this subsection by including] INCLUDE a check–off box PROMINENTLY on [a] EACH 7 license, certificate, or registration application form. 8 (b) For each applicant who is a service member, veteran, or military spouse, a 9 health occupations board shall assign to the applicant an advisor to assist the individual 10 with the application process. 11 (c) (1) Each health occupations board shall expedite the process for the 12 licensure, certification, or registration of a service member, veteran, or military spouse. 13 (2) If a service member, veteran, or military spouse meets the 14 requirements for licensure, certification, or registration, a health occupations board shall 15 issue the license, certificate, or registration within 15 business days after receiving a 16 completed application. 17 (d) If a health occupations board determines that a service member, veteran, or 18 military spouse does not meet the education, training, or experience requirements for 19 licensure, certification, or registration, a representative of the board shall assist the service 20 member, veteran, or military spouse in identifying: 21 (1) Programs that offer relevant education or training; or 22 (2) Ways of obtaining needed experience. 23 (E) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2024, THE 24 DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH 25 § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE PROCESSING OF 26 APPLICATIONS FROM SE RVICE MEMBERS , MILITARY SPOUSES , AND VETERANS , 27 INCLUDING, FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD : 28 (1) FOR EACH HEALTH OCCUP ATIONS BOARD : 29 (I) THE NUMBER OF APPLICA TIONS RECEIVED FROM SERVICE 30 MEMBERS, MILITARY SPOUSES , AND VETERANS ; 31 (II) THE NUMBER OF APPLICA TIONS INCLUDED UNDER ITEM (I) 32 OF THIS ITEM THAT WE RE PROCESSED ; 33 SENATE BILL 230 7 (III) THE NUMBER OF APPLICA TIONS INCLUDED UNDER ITEM (I) 1 OF THIS ITEM THAT WERE NOT PRO CESSED; AND 2 (IV) FOR THE APPLICATIONS INCLUDED UNDER ITEM (III) OF 3 THIS ITEM, THE REASON WHY PROCE SSING WAS DELAYED ; AND 4 (2) IF A HEALTH OCCUPATIO NS BOARD RECEIVED AP PLICATIONS 5 FROM SERVICE MEMBERS , MILITARY SPOUSES , AND VETERANS THAT WERE NOT 6 PROCESSED, THE PLAN OF THE HEAL TH OCCUPATIONS BOARD TO IMPROVE THE 7 PROCESSING OF APPLIC ATIONS FROM SERVICE MEMBERS, MILITARY SPOUSES , AND 8 VETERANS. 9 1–705. 10 (A) Each health occupations board shall publish prominently on its website 11 information on: 12 (1) The expedited licensing process available to service members, veterans, 13 and military spouses under § 1–704 of this subtitle; and 14 (2) Any assistance and services related to licensure, certification, or 15 registration provided by the board to service members, veterans, and military spouses. 16 (B) THE DEPARTMENT SHALL PUBL ISH PROMINENTLY ON I TS WEBSITE THE 17 INFORMATION THAT EAC H HEALTH OCCUPATIONS BOARD IS REQUIRED TO PUBLISH 18 UNDER SUBSECTION (A) OF THIS SECTION. 19 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2023, 20 the Maryland Department of Health shall report to the General Assembly, in accordance 21 with § 2–1257 of the State Government Article, on the procedures developed by each health 22 occupations board under § 1–704 of the Health Occupations Article, as enacted by Section 23 1 of this Act. 24 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 October 1, 2022. 26