2023 -- S 0148 SUBSTITUTE A AS AMENDED
========
LC000845/SUB A
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE
Introduced By: Senators Felag, Ciccone, Raptakis, Sosnowski, DiPalma, Burke, and
McKenney
Date Introduced: February 01, 2023
Referred To: Senate Special Legislation and Veterans Affairs
It is enacted by the General Assembly as follows:
SECTION 1. The title of Chapter 5-88 of the General Laws entitled "Military Spouse 1
Licensure" is hereby amended to read as follows: 2
CHAPTER 5-88 3
Military Spouse Licensure 4
CHAPTER 5-88 5
MILITARY MEMBER AND SPOUSE LICENSE IS SUANCE 6
SECTION 2. Section 5-88-1 of the General Laws in Chapter 5-88 entitled "Military Spouse 7
Licensure" is hereby amended to read as follows: 8
5-88-1. Military spouse licensure Issuance of professional service license.. 9
(a) Except as provided in § 5-88-2, notwithstanding Notwithstanding any other law to the 10
contrary, each business/profession-related board shall establish a procedure to expedite the issuance 11
of issue a license, certification, or permit to perform professional services regulated by each such 12
board to a person: 13
(1) Who is certified or licensed in another state for at least one year to perform professional 14
services in a state other than Rhode Island; 15
(2) Who is a member of the armed forces of the United States, or whose Whose spouse is 16
a member of the armed forces of the United States; 17
(3) Who is subject to military orders for a change of station to a duty station in Rhode 18
Island, or in the process or whose Whose spouse is the subject of a military transfer to Rhode Island; 19
LC000845/SUB A - Page 2 of 5
and 1
(4) In the situation of a military member's spouse, the spouse Who left employment to 2
accompany the person's spouse military member to Rhode Island. 3
(b) The procedure shall include: 4
(1) Issuing the person a digitally verifiable license, certificate, or permit that can also be 5
recognized by other states, if, in the opinion of the board, the requirements for certification or 6
licensure of such other state are substantially equivalent to that required in this state; or. 7
(2) Developing a method to authorize the person to perform professional services regulated 8
by the board in this state by issuing the person a temporary license, certificate or permit that is 9
digitally verifiable and can be recognized by other states, for a limited period of time to allow the 10
person to perform professional services while completing any specific requirements that may be 11
required in this state that were not required in the state in which the person was licensed or certified. 12
(3) Establishing that the person is not subject to a disqualification pursuant to the provisions 13
of § 5-88-2. 14
SECTION 3. Chapter 5-88 of the General Laws entitled "Military Spouse Licensure" is 15
hereby amended by adding thereto the following sections: 16
5-88-2. Disqualification for license issuance. 17
The provisions of § 5-88-1 shall not apply unless all the following apply: 18
(1) The board in the other state holds the person in good standing; 19
(2) The person does not have a disqualifying criminal record as determined by the board in 20
accordance with § 28-5.1-14; 21
(3) No board in any other state has revoked the person's occupational license, certificate or 22
permit as a result of negligence or intentional misconduct; 23
(4) The person did not surrender an occupational license, certificate or permit because of 24
negligence or intentional misconduct; 25
(5) The person does not have a complaint, allegation or investigation currently pending 26
before a board in another state which relates to unprofessional conduct or an alleged crime; and 27
(6) The person pays all applicable fees in this state. 28
5-88-3. Decision. 29
The board shall provide the person with a written decision regarding the application for an 30
occupational license, certificate or permit pursuant to the provisions of § 5-88-1 within sixty (60) 31
days after receiving an application. 32
5-88-4. Appeal. 33
An appeal of an adverse determination or denial of a license, certificate or permit 34
LC000845/SUB A - Page 3 of 5
application under the terms of this chapter shall be pursuant to the provisions of chapter 35 of title 1
42 the "administrative procedures act". 2
5-88-5. Limitations. 3
(a) An occupational license, certificate or permit issued pursuant to this chapter is valid 4
only in this state. It shall not make the person eligible to work in another state under an interstate 5
compact or reciprocity agreement unless otherwise provided in law. 6
(b) Nothing in this chapter shall be construed to prevent this state from entering into a 7
licensing compact or reciprocity agreement with another state, foreign province or foreign country. 8
(c) Nothing in this chapter shall be construed to prevent this state from recognizing 9
occupational credentials issued by a private certification organization, foreign province, foreign 10
country, international organization or other entity. 11
(d) Nothing in this chapter shall be construed to require a private certification organization 12
to grant or deny private certification to any individual. 13
5-88-6. Military education, training and experience. 14
Notwithstanding any other law, each business/profession-related board shall, in reviewing 15
an application under § 5-88-1 for a license, certification, or permit to perform professional services 16
regulated by each such board, determine whether the education, training or experience requirements 17
for an occupational license, certificate or permit issued pursuant to this chapter are completely or 18
partially satisfied, as determined by the regulating occupational licensing board on presentation of 19
satisfactory evidence that the applicant received substantially equivalent education, training or 20
experience as a member of the United States armed forces or any national guard or other reserve 21
component or, in the case of a military spouse, on presentation of satisfactory evidence that the 22
applicant received substantially equivalent education, training or experience in obtaining licensure 23
in another state. 24
5-88-7. Public notice. 25
An occupational licensing board shall prominently print the following on all license, 26
certificate or permit applications, and any communication denying a license, certificate or permit, 27
and on the board's website: "Pursuant to § 5-88-1 et seq., upon application, this state may recognize 28
occupational licenses, certificates or permits obtained from other states for military members and 29
their spouses who relocate to this state pursuant to military orders." 30
5-88-8. Preemption. 31
This chapter preempts rules, regulations and ordinances of any city, town, municipality, 32
and other subdivisions of the state which regulate occupational licenses, certificates or permits. 33
SECTION 4. This act shall take effect upon passage. 34
LC000845/SUB A - Page 4 of 5
========
LC000845/SUB A
========
LC000845/SUB A - Page 5 of 5
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE
***
This act would provide issuance of an occupational license, certificate and permit for 1
military service members and their spouses licensed in other states and relocated to Rhode Island 2
pursuant to military change of station orders or is in the process of relocation. Qualifications for 3
issuance include having been issued the out-of-state license at least one year previously and holding 4
the license in good standing with no pending complaints or investigations for misconduct. 5
This act would take effect upon passage. 6
========
LC000845/SUB A
========