Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0148 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- S 0148 SUBSTITUTE A ~~AS AMENDED~~
	5	+	2023 -- S 0148 SUBSTITUTE A
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7	7		LC000845/SUB A
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9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE
16	16		Introduced By: Senators Felag, Ciccone, Raptakis, Sosnowski, DiPalma, Burke, and
17	17		McKenney
18	18		Date Introduced: February 01, 2023
19	19		Referred To: Senate Special Legislation and Veterans Affairs
20	20
21	21
22	22		It is enacted by the General Assembly as follows:
23	23		SECTION 1. The title of Chapter 5-88 of the General Laws entitled "Military Spouse 1
24	24		Licensure" is hereby amended to read as follows: 2
25	25		CHAPTER 5-88 3
26	26		Military Spouse Licensure 4
27	27		CHAPTER 5-88 5
28	28		MILITARY MEMBER AND SPOUSE LICENSE IS SUANCE 6
29	29		SECTION 2. Section 5-88-1 of the General Laws in Chapter 5-88 entitled "Military Spouse 7
30	30		Licensure" is hereby amended to read as follows: 8
31	31		5-88-1. Military spouse licensure Issuance of professional service license.. 9
32	32		(a) Except as provided in § 5-88-2, notwithstanding Notwithstanding any other law to the 10
33	33		contrary, each business/profession-related board shall establish a procedure to expedite the issuance 11
34	34		of issue a license, certification, or permit to perform professional services regulated by each such 12
35	35		board to a person: 13
36	36		(1) Who is certified or licensed in another state for at least one year to perform professional 14
37	37		services in a state other than Rhode Island; 15
38	38		(2) Who is a member of the armed forces of the United States, or whose Whose spouse is 16
39	39		a member of the armed forces of the United States; 17
40	40		(3) Who is subject to military orders for a change of station to a duty station in Rhode 18
41	41		Island, or in the process or whose Whose spouse is the subject of a military transfer to Rhode Island; 19
42	42
43	43
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45	45		and 1
46	46		(4) In the situation of a military member's spouse, the spouse Who left employment to 2
47	47		accompany the person's spouse military member to Rhode Island. 3
48	48		(b) The procedure shall include: 4
49	49		(1) Issuing the person a digitally verifiable license, certificate, or permit that can also be 5
50	50		recognized by other states, if, in the opinion of the board, the requirements for certification or 6
51	51		licensure of such other state are substantially equivalent to that required in this state; or. 7
52	52		(2) Developing a method to authorize the person to perform professional services regulated 8
53	53		by the board in this state by issuing the person a temporary license, certificate or permit that is 9
54	54		digitally verifiable and can be recognized by other states, for a limited period of time to allow the 10
55	55		person to perform professional services while completing any specific requirements that may be 11
56	56		required in this state that were not required in the state in which the person was licensed or certified. 12
57	57		(3) Establishing that the person is not subject to a disqualification pursuant to the provisions 13
58	58		of § 5-88-2. 14
59	59		SECTION 3. Chapter 5-88 of the General Laws entitled "Military Spouse Licensure" is 15
60	60		hereby amended by adding thereto the following sections: 16
61	61		5-88-2. Disqualification for license issuance. 17
62	62		The provisions of § 5-88-1 shall not apply unless all the following apply: 18
63	63		(1) The board in the other state holds the person in good standing; 19
64	64		(2) The person does not have a disqualifying criminal record as determined by the board in 20
65	65		accordance with § 28-5.1-14; 21
66	66		(3) No board in any other state has revoked the person's occupational license, certificate or 22
67	67		permit as a result of negligence or intentional misconduct; 23
68	68		(4) The person did not surrender an occupational license, certificate or permit because of 24
69	69		negligence or intentional misconduct; 25
70	70		(5) The person does not have a complaint, allegation or investigation currently pending 26
71	71		before a board in another state which relates to unprofessional conduct or an alleged crime; and 27
72	72		(6) The person pays all applicable fees in this state. 28
73	73		5-88-3. Decision. 29
74	74		The board shall provide the person with a written decision regarding the application for an 30
75	75		occupational license, certificate or permit pursuant to the provisions of § 5-88-1 within sixty (60) 31
76	76		days after receiving an application. 32
77	77		5-88-4. Appeal. 33
78	78		An appeal of an adverse determination or denial of a license, certificate or permit 34
79	79
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82	82		application under the terms of this chapter shall be pursuant to the provisions of chapter 35 of title 1
83	83		42 the "administrative procedures act". 2
84	84		5-88-5. Limitations. 3
85	85		(a) An occupational license, certificate or permit issued pursuant to this chapter is valid 4
86	86		only in this state. It shall not make the person eligible to work in another state under an interstate 5
87	87		compact or reciprocity agreement unless otherwise provided in law. 6
88	88		(b) Nothing in this chapter shall be construed to prevent this state from entering into a 7
89	89		licensing compact or reciprocity agreement with another state, foreign province or foreign country. 8
90	90		(c) Nothing in this chapter shall be construed to prevent this state from recognizing 9
91	91		occupational credentials issued by a private certification organization, foreign province, foreign 10
92	92		country, international organization or other entity. 11
93	93		(d) Nothing in this chapter shall be construed to require a private certification organization 12
94	94		to grant or deny private certification to any individual. 13
95	95		5-88-6. Military education, training and experience. 14
96		-	Notwithstanding any other law, each business/profession-related board shall, in reviewing 15
97		-	an application under § 5-88-1 for a license, certification, or permit to perform professional services 16
98		-	regulated by each such board, determine whether the education, training or experience requirements 17
99		-	for an occupational license, certificate or permit issued pursuant to this chapter are completely or 18
100		-	partially satisfied, as determined by the regulating occupational licensing board on presentation of 19
101		-	satisfactory evidence that the applicant received substantially equivalent education, training or 20
102		-	experience as a member of the United States armed forces or any national guard or other reserve 21
103		-	component or, in the case of a military spouse, on presentation of satisfactory evidence that the 22
104		-	applicant received substantially equivalent education, training or experience in obtaining licensure 23
105		-	in another state. 24
106		-	5-88-7. Public notice. 25
107		-	An occupational licensing board shall prominently print the following on all license, 26
108		-	certificate or permit applications, and any communication denying a license, certificate or permit, 27
109		-	and on the board's website: "Pursuant to § 5-88-1 et seq., upon application, this state may recognize 28
110		-	occupational licenses, certificates or permits obtained from other states for military members and 29
111		-	their spouses who relocate to this state pursuant to military orders." 30
112		-	5-88-8. Preemption. 31
113		-	This chapter preempts rules, regulations and ordinances of any city, town, municipality, 32
114		-	and other subdivisions of the state which regulate occupational licenses, certificates or permits. 33
115		-	SECTION 4. This act shall take effect upon passage. 34
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	96	+	Notwithstanding any other law, the education, training or experience requirements for an 15
	97	+	occupational license, certificate or permit issued pursuant to this chapter are completely or partially 16
	98	+	satisfied, as determined by the regulating occupational licensing board on presentation of 17
	99	+	satisfactory evidence that the applicant received substantially equivalent education, training or 18
	100	+	experience as a member of the United States armed forces or any national guard or other reserve 19
	101	+	component. 20
	102	+	5-88-7. Public notice. 21
	103	+	An occupational licensing board shall prominently print the following on all license, 22
	104	+	certificate or permit applications, and any communication denying a license, certificate or permit, 23
	105	+	and on the board's website: "Pursuant to § 5-88-1 et seq., upon application, this state may recognize 24
	106	+	occupational licenses, certificates or permits obtained from other states for military members and 25
	107	+	their spouses who relocate to this state pursuant to military orders." 26
	108	+	5-88-8. Preemption. 27
	109	+	This chapter preempts rules, regulations and ordinances of any city, town, municipality, 28
	110	+	and other subdivisions of the state which regulate occupational licenses, certificates or permits. 29
	111	+	SECTION 4. This act shall take effect upon passage. 30
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125	118		EXPLANATION
126	119		BY THE LEGISLATIVE COUNCIL
127	120		OF
128	121		A N A C T
129	122		RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE
130	123		***
131	124		This act would provide issuance of an occupational license, certificate and permit for 1
132	125		military service members and their spouses licensed in other states and relocated to Rhode Island 2
133	126		pursuant to military change of station orders or is in the process of relocation. Qualifications for 3
134	127		issuance include having been issued the out-of-state license at least one year previously and holding 4
135	128		the license in good standing with no pending complaints or investigations for misconduct. 5
136	129		This act would take effect upon passage. 6
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