An Act
ENROLLED HOUSE
BILL NO. 2873 By: Wallace and Fugate of the
House
and
Leewright and Bergstrom of
the Senate
An Act relating to professions and occupations;
creating the Universal Licensing Recognition Act;
providing for issuance of licenses for certain
applicants; defining term; providing for
qualifications for reciprocity; allowing regulating
entities to enter into certain agreements; subjecting
licensed individuals to certain jurisdiction; stating
validity of licensure; prohibiting licensure
reciprocity unless authorized by regulating entity;
providing exceptions to licensing qualifications;
providing for residency requirements; providing for
issuance of license under certain circumstances;
disallowing licensure unless certain standards are
met; providing for construing of act; providing for
codification; and providing an effective date.
SUBJECT: Professions and occupations
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4150 of Title 59, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Universal
Licensing Recognition Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4150.1 of Title 59, unless there
is created a duplication in numbering, reads as follows: ENR. H. B. NO. 2873 Page 2
A. There is hereby created professional and occupational
licensing recognition for the issuance of licenses for applicants
moving to and residing in Oklahoma. Unless otherwise provided by
law, this act shall not apply to any laws authorizing reciprocity
including interstate compacts, state -to-state reciprocal agreements
and other state-to-state equivalency provisions pertaining to
licensees and certificate holders and applicants from other states.
For purposes of this act, "Oklahoma regulatory entity " means any
administrative body or official with authority over any occupational
or professional license or certification in this state.
B. A person moving to and residing in Oklahoma may make
application for licensing or certification pursuant to the Universal
Licensing Recognition Act if there is no conflict with any
interstate compact or state-to-state reciprocity or equivalency
agreements as determined by the Oklahoma regulatory entity. When an
applicant moves from a state with or without statewide licensing or
certification in the discipline applied for and at the same practice
level as determined by the Oklahoma regulating entity pursuant to
this act and such applicant establishes verifiable proof of physical
residency in this state or is married to and accompanying an active
duty member of the Armed Forces of the United States to an official
permanent change of station to a military installation located in
this state and such spouse is not making application pursuant to the
Military Service Occupation, Education and Credentialing Act, all of
the following shall apply:
1. The out-of-state applicant is a person who is currently
licensed or certified by another state with similar scope of work
through substantially similar or equivalent licensure or
certification standards of examination, minimum education
requirements and, if app licable, professional work experience,
education training and clinical supervision requirements and the
other state verifies that the person met these requirements in order
to be licensed or certified in that state, the out -of-state state
license or certification is and has been maintained in good standing
in all states in which the person holds a license or certification
for at least one (1) year before making application to Oklahoma
under this act, and there is no Oklahoma statutory authority under
Title 59 of the Oklahoma Statutes for license reciprocity or
interstate compact with Oklahoma in the professional discipline
applied for and at the same practice level as determined by the
Oklahoma regulating entity ;
ENR. H. B. NO. 2873 Page 3
2. The person demonstrates verifiable proof as determined by
the Oklahoma regulating entity of having work experience, education
training and clinical supervision, as applicable, in the scope of
work of the lawful profession for the same amount of time required
for Oklahoma in-state applicants;
3. Except for Oklahoma regulating entities with statewide
licensing and certifications under an interstate licensing compact
or state-to-state reciprocal licensing agreement providing parity
among the states and having substantially similar training or work
requirements, the Oklahoma regulating entity shall apply all
substantially similar and verifiable professional work experience,
education training and clinical supervision in the manner most
favorable towards satisfying any professional work experience,
education training and clinical supervision qualifications for
issuance of the requested license or certification that facilitates
recognition among states for licensing in the discipline applied for
and at the same practice level as determined by the Oklah oma
regulating entity pursuant to the requirements of the state license
or certification;
4. The person demonstrates a successful passage of an
equivalent or substantially similar examination from another state
or the examination for the Oklahoma examina tion requirement as
determined by the Oklahoma regulatory entity;
5. The person pays all applicable fees, not exceeding the cost
of current in-state licensure fees;
6. The person making application demonstrates verifiable proof
that the person has not had and is free of any pending complaint,
investigation, suspension, revocation, voluntary surrender pending
investigation or resolution of complaint, or discipline imposed by
any other regulating entity or jurisdiction for unprofessional
conduct involving the applicant's out-of-state work or any other
state license or certification directly related to the application
as determined by the Oklahoma regulating entity;
7. If another jurisdiction has taken disciplinary action
against the person, the originati ng regulating entity or
jurisdiction is to determine if the cause for the action was
corrected and the matter resolved with the information made
accessible and reported to Oklahoma. If the matter has not been
resolved by that jurisdiction, the Oklahoma re gulating entity will
hold an application until the matter is resolved but not longer than ENR. H. B. NO. 2873 Page 4
one (1) year from the time of application at which time the Oklahoma
regulating entity will deny the application unless notified of
extraordinary circumstances warran ting a one-time six-month
extension before the application is to be approved or denied;
8. Upon licensure or certification under this act, the licensee
or certificate holder shall report to the Oklahoma regulatory entity
any final determination on discip linary actions, resignations
pending discipline, suspensions or revocations imposed by the
originating jurisdiction within thirty (30) days; and
9. If state law other than this act requires a review of
disqualifying criminal history records for a certain license or
certification, the person shall demonstrate verifiable proof
pursuant to the laws of Oklahoma that there is no disqualifying
criminal history, pursuant to the criminal justice reform provisions
limiting criminal history prohibitions at Section 4000.1 of Title 59
of the Oklahoma Statutes, and as determined by the Oklahoma
regulating entity.
C. This section shall not prevent an Oklahoma regulating entity
from entering into an interstate compact or state -to-state
reciprocity agreement or other eq uivalency agreement with another
state or jurisdiction to facilitate recognition, except that the
agreement shall not allow out -of-state licensees or certificate
holders to obtain a license or certificate by reciprocity in
Oklahoma if the applicant has not met standards that are
substantially similar or equivalent to the standards required for
Oklahoma as determined by the Oklahoma regulating entity in
compliance with the statutory and regulatory authority of the
Oklahoma regulating entity.
D. A person who is licensed pursuant to this act is subject to
the laws regulating the person 's practice and license or
certification in Oklahoma and is subject to the Oklahoma regulating
entity's jurisdiction.
E. A statewide professional or occupational license or
certificate issued pursuant to this act is valid only in Oklahoma.
It shall not make the person obtaining licensure or certification
under this act eligible to work in another state under an interstate
compact or state-to-state reciprocity agreement unless specifically
authorized for the profession applied for and at the same practice
level as determined by the Oklahoma regulating entity pursuant to
the requirements of this act. ENR. H. B. NO. 2873 Page 5
F. This act shall not apply to:
1. Requirements for a criminal history backg round check; and
2. Criteria for a license, permit or certificate of eligibility
that is established by an interstate compact or state -to-state
reciprocal agreement.
G. For purposes of this act, residency may be established by
demonstrating verifiable proof of a state-issued identification card
and one of the following if the document contains the name and
physical address of the person making application:
1. Current Oklahoma residential utility bill;
2. Documentation of filing a tax return with the Oklahoma Tax
Commission as a resident of Oklahoma;
3. Documentation of current ownership, or current lease for a
term of at least twelve (12) months, of a primary place of residence
in Oklahoma;
4. Documentation of current in -state employment or notar ized
letter of promise of employment of the applicant or his or her
spouse; or
5. Any other verifiable documentation demonstrating Oklahoma
residency as determined by the Oklahoma regulating entity.
H. Nothing in this act shall allow any person to obta in a
license or certification without satisfying substantially similar or
equivalent requirements for in -state licensure or certification.
I. When an out-of-state applicant has complied with the
requirements of Title 59 of the Oklahoma Statutes as determ ined by
the Oklahoma regulatory entity and is not excluded from obtaining an
Oklahoma license or certification by any provision of this act, the
Oklahoma regulatory entity shall issue the appropriate license or
certification.
J. Nothing in this act shall be construed to prohibit a person
from applying for a statewide professional or occupational license
or certification under another statute or rule in Oklahoma.
ENR. H. B. NO. 2873 Page 6
K. Nothing in this act shall be construed to prevent licensing
or certification compacts or reciprocity agreements with another
state or jurisdiction.
L. This act shall be applied in a manner that increases
recognition of licensure and certification among states without any
right of an applicant to become licensed or certified in Oklahoma.
SECTION 3. This act shall become effective November 1, 2021.
ENR. H. B. NO. 2873 Page 7
Passed the House of Representatives the 3rd day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of t he State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of St ate this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________