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Rhode Island House Bill H5335

Rhode Island 2023 Regular Session

Rhode Island House Bill H5335 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE
1616 Introduced By: Representatives Place, Rea, Nardone, and Roberts
1717 Date Introduced: February 03, 2023
1818 Referred To: House Corporations
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. The title of Chapter 5-88 of the General Laws entitled "Military Spouse 1
2323 Licensure" is hereby amended to read as follows: 2
2424 CHAPTER 5-88 3
2525 Military Spouse Licensure 4
2626 CHAPTER 5-88 5
2727 MILITARY MEMBER AND SPOUSE LICENSE ISSUANCE 6
2828 SECTION 2. Section 5-88-1 of the General Laws in Chapter 5-88 entitled "Military Spouse 7
2929 Licensure" is hereby amended to read as follows: 8
3030 5-88-1. Military spouse licensure Issuance of professional service license. 9
3131 (a) Except as provided in § 5-88-2, notwithstanding Notwithstanding any other law to the 10
3232 contrary, each business/profession-related board shall establish a procedure to expedite the issuance 11
3333 of issue a license, certification, or permit to perform professional services regulated by each such 12
3434 board to a person: 13
3535 (1) Who is certified or licensed in another state for at least one year to perform professional 14
3636 services in a state other than Rhode Island; 15
3737 (2) Who is a member of the armed forces of the United States, or whose Whose spouse is 16
3838 a member of the armed forces of the United States; 17
3939 (3) Who is subject to military orders for a change of station to a duty station in Rhode 18
40-Island, or, whose Whose spouse is the subject of a military transfer to Rhode Island; and 19
40+Island, or in the process, or has been honorably discharged and is relocated to the state of Rhode 19
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44-(4) In the situation of a military member's spouse, the spouse Who left employment to 1
45-accompany the person's spouse military member to Rhode Island. 2
46-(b) The procedure shall include: 3
47-(1) Issuing the person a digitally verifiable license, certificate, or permit that can also be 4
48-recognized by other states, if, in the opinion of the board, the requirements for certification or 5
49-licensure of such other state are substantially equivalent to that required in this state; or 6
50-(2) Developing a method to authorize the person to perform professional services regulated 7
51-by the board in this state by issuing the person a temporary license, certificate or permit that is 8
52-digitally verifiable and can be recognized by other states for a limited period of time to allow the 9
53-person to perform professional services while completing any specific requirements that may be 10
54-required in this state that were not required in the state in which the person was licensed or certified. 11
55-(3) Establishing that the person is not subject to a disqualification pursuant to the provisions 12
56-of § 5-88-2. 13
57-SECTION 3. Chapter 5-88 of the General Laws entitled "Military Spouse Licensure" is 14
58-hereby amended by adding thereto the following sections: 15
59-5-88-2. Disqualification for license issuance. 16
60-The provisions of § 5-88-1 shall not apply unless all the following apply: 17
61-(1) The board in the other state holds the person in good standing; 18
62-(2) The person does not have a disqualifying criminal record as determined by the board in 19
63-accordance with § 28-5.1-14; 20
64-(3) No board in any other state has revoked the person's occupational license, certificate or 21
65-permit as a result of negligence or intentional misconduct; 22
66-(4) The person did not surrender an occupational license, certificate or permit because of 23
67-negligence or intentional misconduct; 24
68-(5) The person does not have a complaint, allegation or investigation currently pending 25
69-before a board in another state which relates to unprofessional conduct or an alleged crime; and 26
70-(6) The person pays all applicable fees in this state. 27
71-5-88-3. Decision. 28
72-The board shall provide the person with a written decision regarding the application for an 29
73-occupational license, certificate or permit pursuant to the provisions of § 5-88-1 within sixty (60) 30
74-days after receiving an application. 31
75-5-88-4. Appeal. 32
76-An appeal of an adverse determination or denial of a license, certificate or permit 33
77-application under the terms of this chapter shall be pursuant to the provisions of chapter 35 of title 34
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44+Island or, whose Whose spouse is the subject of a military transfer to Rhode Island; and 1
45+(4) In the situation of a military member's spouse, the spouse Who left employment to 2
46+accompany the person's spouse military member to Rhode Island. 3
47+(b) The procedure shall include: 4
48+(1) Issuing the person a license, certificate, or permit, if, in the opinion of the board, the 5
49+requirements for certification or licensure of such other state are substantially equivalent to that 6
50+required in this state; or 7
51+(2) Developing a method to authorize the person to perform professional services regulated 8
52+by the board in this state Upon submission of an affidavit, under penalties of perjury, affirming that 9
53+a person satisfies the provisions of subsection (a)(1) of this section, by issuing the person a 10
54+temporary license, certificate or permit for a limited period of time to allow the person to perform 11
55+professional services while completing any specific requirements that may be required in this state 12
56+that were not required in the state in which the person was licensed or certified.; or 13
57+(3) Establishing that the person is not subject to a disqualification pursuant to the provisions 14
58+of § 5-88-2. 15
59+SECTION 3. Chapter 5-88 of the General Laws entitled "Military Spouse Licensure" is 16
60+hereby amended by adding thereto the following sections: 17
61+5-88-2. Disqualification for license issuance. 18
62+The provisions of § 5-88-1 shall not apply unless all the following apply: 19
63+(1) The board in the other state holds the person in good standing; 20
64+(2) The person does not have a disqualifying criminal record as determined by the board; 21
65+(3) No board in any other state has revoked the person's occupational license, certificate or 22
66+permit as a result of negligence or intentional misconduct; 23
67+(4) The person did not surrender an occupational license, certificate or permit because of 24
68+negligence or intentional misconduct; 25
69+(5) The person does not have a complaint, allegation or investigation currently pending 26
70+before a board in another state which relates to unprofessional conduct or an alleged crime; and 27
71+(6) The person pays all applicable fees in this state. 28
72+5-88-3. Decision. 29
73+The board shall provide the person with a written decision regarding the application for an 30
74+occupational license, certificate or permit pursuant to the provisions of § 5-88-1 within thirty (30) 31
75+days after receiving an application. 32
76+5-88-4. Appeal. 33
77+An appeal of an adverse determination or denial of a license, certificate or permit 34
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81-42, the "administrative procedures act". 1
82-5-88-5. Limitations. 2
83-(a) An occupational license, certificate or permit issued pursuant to this chapter is valid 3
84-only in this state. It shall not make the person eligible to work in another state under an interstate 4
85-compact or reciprocity agreement unless otherwise provided in law. 5
86-(b) Nothing in this chapter shall be construed to prevent this state from entering into a 6
87-licensing compact or reciprocity agreement with another state, foreign province or foreign country. 7
88-(c) Nothing in this chapter shall be construed to prevent this state from recognizing 8
89-occupational credentials issued by a private certification organization, foreign province, foreign 9
90-country, international organization or other entity. 10
91-(d) Nothing in this chapter shall be construed to require a private certification organization 11
92-to grant or deny private certification to any individual. 12
93-5-88-6. Military education, training and experience. 13
94-Notwithstanding any other law each business/profession-related board shall, in reviewing 14
95-an application under § 5-88-1 for a license, certification, or permit to perform professional services 15
96-regulated by each such board, determine whether, the education, training or experience 16
97-requirements for an occupational license, certificate or permit issued pursuant to this chapter are 17
98-completely or partially satisfied, as determined by the regulating occupational licensing board, on 18
99-presentation of satisfactory evidence that the applicant received substantially equivalent education, 19
100-training or experience as a member of the United States armed forces or any national guard or other 20
101-reserve component or, in the case of a military spouse, on presentation of satisfactory evidence that 21
102-the applicant received substantially equivalent education, training or experience in obtaining 22
103-licensure in another state. 23
104-5-88-7. Public notice. 24
105-An occupational licensing board shall prominently print the following on all license, 25
106-certificate or permit applications, and any communication denying a license, certificate or permit, 26
107-and on the board's website: "Pursuant to § 5-88-1 et seq., upon application, this state may recognize 27
108-occupational licenses, certificates or permits obtained from other states for military members and 28
109-their spouses who relocate to this state pursuant to military orders." 29
110-5-88-8. Preemption. 30
111-This chapter preempts rules, regulations and ordinances of any city, town, municipality, 31
112-and other subdivisions of the state which regulate occupational licenses, certificates or permits. 32
113-SECTION 4. This act shall take effect upon passage. 33
114-
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81+application under the terms of this chapter shall be pursuant to the provisions of chapter 35 of title 1
82+42, the "administrative procedures act". 2
83+5-88-5. Limitations. 3
84+(a) An occupational license, certificate or permit issued pursuant to this chapter is valid 4
85+only in this state. It shall not make the person eligible to work in another state under an interstate 5
86+compact or reciprocity agreement unless otherwise provided by law. 6
87+(b) Nothing in this chapter shall be construed to prevent this state from entering into a 7
88+licensing compact or reciprocity agreement with another state, foreign province or foreign country. 8
89+(c) Nothing in this chapter shall be construed to prevent this state from recognizing 9
90+occupational credentials issued by a private certification organization, foreign province, foreign 10
91+country, international organization or other entity. 11
92+(d) Nothing in this chapter shall be construed to require a private certification organization 12
93+to grant or deny private certification to any individual. 13
94+5-88-6. Military education, training and experience. 14
95+Notwithstanding any other law to the contrary, the education, training or experience 15
96+requirements for an occupational license, certificate or permit issued pursuant to this chapter are 16
97+completely or partially satisfied, as determined by the regulating occupational licensing board, on 17
98+presentation of satisfactory evidence that the applicant received substantially equivalent education, 18
99+training or experience as a member of the United States armed forces or any national guard or other 19
100+reserve component. 20
101+5-88-7. Public notice. 21
102+An occupational licensing board shall prominently print the following on all license, 22
103+certificate or permit applications, and any communication denying a license, certificate or permit, 23
104+and on the board's website: "Pursuant to § 5-88-1 et seq., upon application, this state may recognize 24
105+occupational licenses, certificates or permits obtained from other states for military members and 25
106+their spouses who relocate to this state pursuant to military orders." 26
107+5-88-8. Preemption. 27
108+This chapter preempts rules, regulations and ordinances of any city, town, municipality, 28
109+and other subdivisions of the state which regulate occupational licenses, certificates or permits. 29
110+SECTION 4. This act shall take effect upon passage. 30
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123117 EXPLANATION
124118 BY THE LEGISLATIVE COUNCIL
125119 OF
126120 A N A C T
127121 RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE
128122 ***
129123 This act would provide issuance of an occupational license, certificate and permit for 1
130124 military service members and their spouses licensed in other states and relocated to Rhode Island 2
131125 pursuant to military change of station orders or is in the process, or has been honorably discharged. 3
132126 Qualifications for issuance include having been issued the out-of-state license at least one year 4
133127 previously and holding the license in good standing with no pending complaints or investigations 5
134128 for misconduct. 6
135129 This act would take effect upon passage. 7
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