S.B. 399
- *SB399*
SENATE BILL NO. 399–SENATOR STONE
MARCH 27, 2023
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions governing occupational and
professional licensing. (BDR 54-577)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to professions; requiring certain regulatory bodies
to issue a professional or occupational license by
endorsement under certain circumstances; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the regulation of certain occupations and professions 1
in this State. (Title 54 of NRS) Existing law further: (1) requires a regulatory body 2
to adopt regulations providing for the issuance of a license by endorsement to 3
engage in an occupation or profession in this State to certain natural persons; and 4
(2) sets forth certain minimum requirements for obtaining a license by 5
endorsement. (NRS 622.530) Section 1 of this bill provides instead that a 6
regulatory body is required to issue a license by endorsement to engage in an 7
occupation or profession in this State to certain applicants without the regulatory 8
body having to adopt regulations. Section 1 also revises the requirements for a 9
person to obtain such a license by endorsement to require that, in addition to certain 10
existing requirements, the person: (1) is a resident of this State; (2) has held for at 11
least one year a corresponding valid and unrestricted license in good standing to 12
engage in that occupation in the District of Columbia or any state or territory of the 13
United States; (3) has satisfied the minimum educational, examination and 14
experience requirements for such license; and (4) has not voluntarily surrendered 15
any license to engage in the occupation or profession while under investigation by 16
the corresponding regulatory authority in the other jurisdiction. Section 1 also 17
specifies that it is an alternative to any specific statute relating to the issuance of a 18
license by endorsement by a regulatory body. 19
Section 2 of this bill provides that certain regulations adopted by a regulatory 20
body pursuant to existing law relating to the licensure by endorsement are void and 21
must not be given effect to the extent of conflict with section 1. 22
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 622.530 is hereby amended to read as follows: 1
622.530 1. Except as otherwise provided [by specific statute 2
relating to the issuance of a license by endorsement,] in this section, 3
a person may apply to a regulatory body [shall adopt regulations 4
providing] for the issuance of a license by endorsement to engage in 5
an occupation or profession in this State . A regulatory body shall 6
issue a license by endorsement to engage in an occupation or 7
profession in this State to any applicant who: 8
(a) Is a natural person [who: 9
(a) Holds] and a resident of this State. 10
(b) Has held for at least one year a corresponding valid and 11
unrestricted license in good standing to engage in that occupation or 12
profession in the District of Columbia or any state or territory of the 13
United States . [; 14
(b) Possesses qualifications that are substantially similar to the 15
qualifications required for issuance of a license to engage in that 16
occupation or profession in this State; and 17
(c) Satisfies the requirements of this section and the regulations 18
adopted pursuant thereto. 19
2. The regulations adopted pursuant to subsection 1 must not 20
allow the issuance of a license by endorsement to engage in an 21
occupation or profession in this State to a natural person unless such 22
a person: 23
(a)] If the applicant holds more than one license to engage in 24
the occupation or profession, all such licenses must be valid, 25
unrestricted and in good standing. 26
(c) Has satisfied the minimum educational, examination and 27
experience requirements for each such license to engage in the 28
occupation or profession issued by the District of Columbia or any 29
state or territory, as confirmed by the corresponding regulatory 30
authority. 31
(d) Has not been disciplined by the corresponding regulatory 32
authority of the District of Columbia or any state or territory in 33
which the applicant currently holds or has held a license to engage 34
in [an] the occupation or profession . [; 35
(b)] (e) Has not been held civilly or criminally liable in the 36
District of Columbia or any state or territory of the United States for 37
misconduct relating to [his or her] the occupation or profession . [; 38
(c)] (f) Has not had a license to engage in [an] the occupation or 39
profession suspended or revoked in the District of Columbia or any 40
state or territory of the United States . [; 41
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(d)] (g) Has not been refused a license to engage in [an] the 1
occupation or profession in the District of Columbia or any state or 2
territory of the United States for any reason . [; 3
(e)] (h) Has not voluntarily surrendered any license to engage 4
in the occupation or profession while under investigation by the 5
corresponding regulatory authority of the District of Columbia or 6
any state or territory of the United States. 7
(i) Does not have pending any disciplinary action concerning his 8
or her license to engage in [an] the occupation or profession in the 9
District of Columbia or any state or territory of the United States . [; 10
(f)] (j) Pays any applicable fees for the issuance of a license that 11
are otherwise required for a natural person to obtain a license in this 12
State . [; 13
(g)] (k) Submits to the regulatory body a complete set of his or 14
her fingerprints and written permission authorizing the regulatory 15
body to forward the fingerprints to the Central Repository for 16
Nevada Records of Criminal History for submission to the Federal 17
Bureau of Investigation for its report or proof that the applicant has 18
previously passed a comparable criminal background check . [; and 19
(h)] (l) Submits to the regulatory body the statement required 20
by NRS 425.520. 21
[3.] 2. A regulatory body may [, by regulation,] require an 22
applicant for issuance of a license by endorsement to engage in an 23
occupation or profession in this State pursuant to this section to 24
submit with his or her application: 25
(a) Proof satisfactory to the regulatory body that the applicant: 26
(1) Has achieved a passing score on a nationally recognized, 27
nationally accredited or nationally certified examination or other 28
examination approved by the regulatory body; and 29
(2) Has completed the requirements of an appropriate 30
vocational, academic or professional program of study in the 31
occupation or profession for which the applicant is seeking a license 32
by endorsement in this State; 33
(3) [Has engaged in the occupation or profession for which 34
the applicant is seeking a license by endorsement in this State 35
pursuant to the applicant’s existing licensure for the period 36
determined by the regulatory body preceding the date of the 37
application; and 38
(4)] Possesses a sufficient degree of competency in the 39
occupation or profession for which he or she is seeking licensure by 40
endorsement in this State; and 41
(b) An affidavit stating that the information contained in the 42
application and any accompanying material is true and complete . [; 43
and 44
(c) Any other information required by the regulatory body. 45
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4.] 3. Not later than 21 business days after receiving an 1
application for a license by endorsement to engage in an occupation 2
or profession pursuant to this section, the regulatory body shall 3
provide written notice to the applicant of any additional information 4
required by the regulatory body to consider the application. Unless 5
the regulatory body denies the application for good cause, the 6
regulatory body shall approve the application and issue a license by 7
endorsement to engage in the occupation or profession to the 8
applicant not later than: 9
(a) Sixty days after receiving the application; 10
(b) [If the regulatory body requires an applicant to submit 11
fingerprints and authorize the preparation of a report on the 12
applicant’s background based on the submission of the applicant’s 13
fingerprints, 15] Fifteen days after the regulatory body receives the 14
report [;] on the applicant’s background based on the submission 15
of the applicant’s fingerprints; or 16
(c) If the regulatory body requires the filing and maintenance of 17
a bond as a requirement for the issuance of a license, 15 days after 18
the filing of the bond with the regulatory body, 19
whichever occurs later. 20
[5.] 4. A license by endorsement to engage in an occupation or 21
profession in this State issued pursuant to this section may be issued 22
at a meeting of the regulatory body or between its meetings by the 23
presiding member of the regulatory body and the executive head of 24
the regulatory body. Such an action shall be deemed to be an action 25
of the regulatory body. 26
[6.] 5. A regulatory body may deny an application for 27
licensure by endorsement if: 28
(a) An applicant willfully fails to comply with the provisions of 29
paragraph [(g)] (k) of subsection [2;] 1; or 30
(b) The report from the Federal Bureau of Investigation 31
indicates that the applicant has been convicted of a crime that would 32
be grounds for taking disciplinary action against the applicant as a 33
licensee and the regulatory body has not previously taken 34
disciplinary action against the licensee based on that conviction. 35
[7.] 6. The provisions of this section [are intended to 36
supplement other provisions of statute governing licensure by 37
endorsement. If any provision of statute conflicts with this section, 38
the other provision of statute prevails over this section to the extent 39
that the other provisions provide more specific requirements] 40
relating to [licensure] obtaining a license by endorsement [.] are an 41
alternative to any specific statute relating to the issuance of a 42
license by endorsement by a regulatory body. 43
7. As used in this section, “regulatory body” means: 44
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(a) A board or commission which has authority to regulate an 1
occupation or profession pursuant to this title; and 2
(b) Any officer of a board or commission which has authority 3
to regulate an occupation or profession pursuant to this title. 4
The term does not include a state agency or any officer of a 5
state agency which has the authority to regulate an occupation or 6
profession pursuant to this title. 7
Sec. 2. 1. The provisions of any regulation adopted by a 8
regulatory body pursuant to NRS 622.530, as that section existed 9
before the effective date of this section, relating to licensure by 10
endorsement is void and must not be given effect to the extent of 11
conflict. 12
2. The provisions of this act do not affect any regulation 13
adopted by a regulatory body pursuant to any specific statute 14
relating to the issuance of a license by endorsement other than 15
NRS 622.530. 16
3. As used in this section, “regulatory body” means: 17
(a) A board or commission which has authority to regulate an 18
occupation or profession pursuant to this title; and 19
(b) Any officer of a board or commission which has authority to 20
regulate an occupation or profession pursuant to this title. 21
The term does not include a state agency or any officer of a state 22
agency which has the authority to regulate an occupation or 23
profession pursuant to this title. 24
Sec. 3. 1. This section and section 2 become effective upon 25
passage and approval. 26
2. Section 1 of this act becomes effective: 27
(a) Upon passage and approval for the purposes of adopting 28
regulations and performing any other preparatory administrative 29
tasks that are necessary to carry out the provisions of this act; and 30
(b) On January 1, 2024, for all other purposes. 31
H