Oklahoma 2022 Regular Session

Oklahoma House Bill HB2873 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	29	+	SENATE FLOOR VERSION
	30	+	April 8, 2021
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 2873 By: Wallace and Fugate of the
4	35		House
5	36
6	37		and
7	38
8		-	Leewright and Bergstrom of
9		-	the Senate
	39	+	Leewright of the Senate
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15	45		An Act relating to professions and occupations;
16	46		creating the Universal Licensing Recognition Act;
17	47		providing for issuance of licenses for certain
18	48		applicants; defining term; providing for
19	49		qualifications for reciprocity; allowing regulating
20	50		entities to enter into certain agreements; subjecting
21	51		licensed individuals to certain jurisdiction; stating
22	52		validity of licensure; prohibiting licensure
23	53		reciprocity unless authorized by regulating entity;
24	54		providing exceptions to licensing qualifications;
25	55		providing for residency requirements; providing for
26	56		issuance of license under certain circumstances;
27	57		disallowing licensure unless certain standards are
28	58		met; providing for construing of act; providing for
29	59		codification; and providing an effective date.
30	60
31	61
32	62
33		-	~~SUBJECT: Professions and occupations~~
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34	64
35	65		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
36		-
37	66		SECTION 1. NEW LAW A new section of l aw to be codified
38	67		in the Oklahoma Statutes as Section 4150 of Title 59, unless there
39	68		is created a duplication in numbering, reads as follows:
40		-
41	69		This act shall be known and may be cited as the "Universal
42	70		Licensing Recognition Act ".
43	71
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44	98		SECTION 2. NEW LAW A new section of law to be codified
45	99		in the Oklahoma Statutes as Section 4150.1 of Title 59, unless there
46		-	is created a duplication in numbering, reads as follows: ENR. H. B. NO. 2873 Page 2
47		-
	100	+	is created a duplication in numbering, reads as follows:
48	101		A. There is hereby created professional and occupational
49	102		licensing recognition for the issuance of licenses for applicants
50	103		moving to and residing in Oklahoma. Unless otherwise provided by
51	104		law, this act shall not apply to any laws authorizing reciprocity
52	105		including interstate compacts, state -to-state reciprocal agreements
53	106		and other state-to-state equivalency provisions pertaining to
54	107		licensees and certificate holders and applicants from other states.
55	108		For purposes of this act, "Oklahoma regulatory entity " means any
56	109		administrative body or official with authority over any occupational
57	110		or professional license or certification in this state .
58		-
59	111		B. A person moving to and residing in Oklahoma may make
60	112		application for licensing or certification pursuant to the Universal
61	113		Licensing Recognition Act if there is no conflict with any
62	114		interstate compact or state-to-state reciprocity or equivalency
63	115		agreements as determined by the Oklahoma regulatory entity. When an
64	116		applicant moves from a state with or without statewide licensing or
65	117		certification in the discipline applied for and at the same practice
66	118		level as determined by the Oklahoma regulating entity p ursuant to
67	119		this act and such applicant establishes verifiable proof of physical
68	120		residency in this state or is married to and accompanying an active
69	121		duty member of the Armed Forces of the United States to an official
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70	149		permanent change of station to a militar y installation located in
71	150		this state and such spouse is not making application pursuant to the
72	151		Military Service Occupation, Education and Credentialing Act, all of
73	152		the following shall apply:
74		-
75	153		1. The out-of-state applicant is a person who is currently
76	154		licensed or certified by another state with similar scope of work
77	155		through substantially similar or equivalent licensure or
78	156		certification standards of examination, minimum education
79	157		requirements and, if applic able, professional work experience,
80	158		education training and clinical supervision requirements and the
81	159		other state verifies that the person met these requirements in order
82	160		to be licensed or certified in that state, the out -of-state state
83	161		license or certifica tion is and has been maintained in good standing
84	162		in all states in which the person holds a license or certification
85	163		for at least one (1) year before making application to Oklahoma
86	164		under this act, and there is no Oklahoma statutory authority under
87	165		Title 59 of the Oklahoma Statutes for license reciprocity or
88	166		interstate compact with Oklahoma in the professional discipline
89	167		applied for and at the same practice level as determined by the
90	168		Oklahoma regulating entity ;
91		-	ENR. H. B. NO. 2873 Page 3
92	169		2. The person demonstrates verifiable proof as determined by
93	170		the Oklahoma regulating entity of havin g work experience, education
94	171		training and clinical supervision, as applicable, in the scope of
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95	199		work of the lawful profession for the same amount of time required
96	200		for Oklahoma in-state applicants;
97		-
98	201		3. Except for Oklahoma regulating entities with statewide
99	202		licensing and certifications under an interstate licensing compact
100	203		or state-to-state reciprocal licensing agreement providing parity
101	204		among the states and having substantially similar training or work
102	205		requirements, the Oklahoma regulating entity shall apply all
103	206		substantially similar and verifiable professional work experience,
104	207		education training and clinical supervision in the manner most
105	208		favorable towards satisfying any professional work experience,
106	209		education training and clinical supervision qualifications for
107	210		issuance of the requested license or certification that facilitates
108	211		recognition among states for licensing in the discipline applied for
109	212		and at the same practice level as determined by the Oklahoma
110	213		regulating entity pursuant to the requirements of the state license
111	214		or certification;
112		-
113	215		4. The person demonstrates a successful passage of an
114	216		equivalent or substantially similar examination from another state
115	217		or the examination for the Oklahoma examination r equirement as
116	218		determined by the Oklahoma regulatory e ntity;
117		-
118	219		5. The person pays all applicable fees, not exceeding the cost
119	220		of current in-state licensure fees;
120		-
121	221		6. The person making application demonstrates verifiable proof
122	222		that the person has not had and is free of any pending complaint,
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123	250		investigation, suspension, revocation, voluntary surrender pending
124	251		investigation or resolution of complaint, or discipline imposed by
125	252		any other regulating entity or jurisdiction for unprofessional
126	253		conduct involving the app licant's out-of-state work or any other
127	254		state license or certification directly related to the application
128	255		as determined by the Oklahoma regulating entity;
129		-
130	256		7. If another jurisdiction has taken disciplinary action
131	257		against the person, the originating regula ting entity or
132	258		jurisdiction is to determine if the ca use for the action was
133	259		corrected and the matter resolved with the information made
134	260		accessible and reported to Oklahoma. If the matter has not been
135	261		resolved by that jurisdiction, the Oklahoma regulating entity will
136		-	hold an application until the matter is ~~resolved~~ but not longer than ~~ENR. H. B. NO. 2873 Page 4~~
	262	+	hold an application until the matter is r esolved but not longer than
137	263		one (1) year from the time of application at which time the Oklahoma
138	264		regulating entity will deny the application unless notified of
139	265		extraordinary circumstances warranting a on e-time six-month
140	266		extension before the application is to be approved or denied;
141		-
142	267		8. Upon licensure or certification under this act, the licensee
143	268		or certificate holder shall report to the Oklahoma regulatory entity
144	269		any final determination on disciplinary act ions, resignations
145	270		pending discipline, suspensions or revocations imposed by the
146	271		originating jurisdiction within thirty (30) days; and
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148	272		9. If state law other than this act requires a review of
149	273		disqualifying criminal history records for a certain license or
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150	301		certification, the person shall demonstrate verifiab le proof
151	302		pursuant to the laws of Oklahoma that there is no disqualifying
152	303		criminal history, pursuant to the criminal justice reform provisions
153	304		limiting criminal history prohibitions at Section 4000.1 of T itle 59
154	305		of the Oklahoma Statutes, and as determined b y the Oklahoma
155	306		regulating entity.
156		-
157	307		C. This section shall not prevent an Oklahoma regulating entity
158	308		from entering into an interstate compact or state -to-state
159	309		reciprocity agreement or other equivalency ag reement with another
160	310		state or jurisdiction to facilit ate recognition, except that the
161	311		agreement shall not allow out -of-state licensees or certificate
162	312		holders to obtain a license or certificate by reciprocity in
163	313		Oklahoma if the applicant has not met standar ds that are
164	314		substantially similar or equivalent to th e standards required for
165	315		Oklahoma as determined by the Oklahoma regulating entity in
166	316		compliance with the statutory and regulatory authority of the
167	317		Oklahoma regulating entity.
168		-
169	318		D. A person who is licensed pursuant to this act is subject to
170	319		the laws regulating the person's practice and license or
171	320		certification in Oklahoma and is subject to the Oklahoma regulating
172	321		entity's jurisdiction.
173		-
174	322		E. A statewide professional or occupational license or
175	323		certificate issued pursuant to this act is valid only in Oklahoma.
176	324		It shall not make the person obtaining licensure or certification
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177	352		under this act eligible to work in another state under an interstate
178	353		compact or state-to-state reciprocity agreement unless specifically
179	354		authorized for the profession applied for and at the s ame practice
180	355		level as determined by the Oklahoma regulating entity pursuant to
181		-	the requirements of this act. ENR. H. B. NO. 2873 Page 5
182		-
	356	+	the requirements of this act.
183	357		F. This act shall not apply to:
184		-
185	358		1. Requirements for a criminal history background check; and
186		-
187	359		2. Criteria for a license, permit or certificate of eligibility
188	360		that is established by an interstate compact or state -to-state
189	361		reciprocal agreement.
190		-
191	362		G. For purposes of this act, residency may be established by
192	363		demonstrating verifiable proof of a state -issued identification card
193	364		and one of the following if the document contains the name and
194	365		physical address of the person making application:
195		-
196	366		1. Current Oklahoma residential utility bill;
197		-
198	367		2. Documentation of filing a tax return with the Oklahoma Tax
199	368		Commission as a resident of Oklahoma;
200		-
201	369		3. Documentation of current ownership, or current lease for a
202	370		term of at least twelve (12) months, of a primary place of residence
203	371		in Oklahoma;
204		-
205	372		4. Documentation of current in -state employment or notarized
206	373		letter of promise of employment of the applicant or his or her
207	374		spouse; or
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209	402		5. Any other verifiable documentation demonstrating Oklahoma
210	403		residency as determined by the Oklahoma regulating entity.
211		-
212	404		H. Nothing in this act shall allow any person to obtain a
213	405		license or certification without satisfying substantially similar or
214	406		equivalent requirements for in -state licensure or certification.
215		-
216	407		I. When an out-of-state applicant has complied with the
217	408		requirements of Title 59 of the Oklahoma Statutes as determined by
218	409		the Oklahoma regulatory entity and is not excluded from obtaining an
219	410		Oklahoma license or certification by any provision of this act, the
220	411		Oklahoma regulatory entity shall issue the appropriate license or
221	412		certification.
222		-
223	413		J. Nothing in this act shall be construed to prohibit a person
224	414		from applying for a statewide professional o r occupational license
225	415		or certification under another statute or rule in Oklahoma.
226		-	ENR. H. B. NO. 2873 Page 6
227	416		K. Nothing in this act shall be construed to prevent licensing
228	417		or certification compacts or reciprocity agreements with another
229	418		state or jurisdiction.
230		-
231	419		L. This act shall be applied in a manner that increases
232	420		recognition of licensure and certification among states without any
233	421		right of an applicant to become licensed or certified in Oklahoma.
234		-
235	422		SECTION 3. This act shall become effective November 1, 2021.
236		-	ENR. H. B. NO. 2873 Page 7
237		-	Passed the House of Representatives the 3rd day of March, 2021.
238		-
239		-
240		-
241		-
242		-	Presiding Officer of the House
243		-	of Representatives
244		-
245		-
246		-	Passed the Senate the 21st day of April, 2021.
247		-
248		-
249		-
250		-
251		-	Presiding Officer of the Senate
252		-
253		-
254		-
255		-	OFFICE OF THE GOVERNOR
256		-	Received by the Office of the Governor this ____________________
257		-	day of ___________________, 20_______, at _______ o'clock _______ M.
258		-	By: _________________________________
259		-	Approved by the Governor of t he State of Oklahoma this _________
260		-	day of ___________________, 20_______, at _______ o'clock _______ M.
261		-
262		-
263		-	_________________________________
264		-	Governor of the State of Oklahoma
265		-
266		-	OFFICE OF THE SECRETARY OF STATE
267		-	Received by the Office of the Secretary of St ate this __________
268		-	day of ___________________, 20_______, at _______ o'clock _______ M.
269		-	By: _________________________________
270		-
	423	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
	424	+	April 8, 2021 - DO PASS