Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0664 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0664
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7	7	LC001881
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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 -- FREEDOM TO TRAVEL AN D
16	16	WORK ACT
17	17	Introduced By: Senators de la Cruz, Rogers, Raptakis, Lombardo, and E Morgan
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Labor
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" 1
24	24	is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 90.1 3
26	26	FREEDOM TO TRAVEL AND WORK ACT 4
27	27	5-90.1-1. Definitions. 5
28	28	As used in this chapter, the words defined in this section shall have the following meanings: 6
29	29	(1) “Board” means a government agency, board, department or other government entity 7
30	30	that regulates a lawful occupation and issues an occupational license or government certification to 8
31	31	an individual. 9
32	32	(2) “Government certification” means a voluntary, government-granted and 10
33	33	nontransferable recognition to an individual who meets personal qualifications related to a lawful 11
34	34	occupation. Upon the government’s initial and continuing approval, the individual may use 12
35	35	“government certified” or “state certified” as a title. A non-certified individual also may perform 13
36	36	the lawful occupation for compensation but may not use the title “government certified” or “state 14
37	37	certified.” In this chapter, the term “government certification” is not synonymous with 15
38	38	“occupational license.” It also is not intended to include credentials, such as those used for medical-16
39	39	board certification or held by a certified public accountant, that are prerequisites to working 17
40	40	lawfully in an occupation. 18
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44	44	(3) “Lawful occupation” means a course of conduct, pursuit or profession that includes the 1
45	45	sale of goods or services that are not themselves illegal to sell, irrespective of whether the individual 2
46	46	selling them is subject to an occupational license. 3
47	47	(4) “Occupational license” is a nontransferable authorization in law for an individual to 4
48	48	perform exclusively a lawful occupation based on meeting personal qualifications established by 5
49	49	law. In an occupation for which a license is required, it is illegal for an individual who does not 6
50	50	possess a valid occupational license to perform that occupation. 7
51	51	(5) “Other state” or “another state” means any United States territory or state in the United 8
52	52	States, other than Rhode Island. 9
53	53	(6) “Private certification” is a voluntary program in which a private organization grants 10
54	54	nontransferable recognition to an individual who meets personal qualifications and standards 11
55	55	relevant to performing the occupation, as determined by the private organization. The individual 12
56	56	may use the designated title of “certified,” as permitted by the private organization. 13
57	57	(7) “Scope of practice” means the procedures, actions, processes and work that a person 14
58	58	may perform under an occupational license or government certification issued in this state. 15
59	59	5-90.1-2. Occupational license or government certification. 16
60	60	(a) Notwithstanding any other law, the board shall issue an occupational license or 17
61	61	government certification to a person upon application, if all the following conditions apply: 18
62	62	(1) The person holds a current and valid occupational license or government certification 19
63	63	in another state in a lawful occupation with a similar scope of practice, as determined by the board 20
64	64	in this state; 21
65	65	(2) The person has held the occupational license or government certification in the other 22
66	66	state for at least one year; 23
67	67	(3) The board in the other state required the person to pass an examination, or to meet 24
68	68	educational, training or experience standards; 25
69	69	(4) The board in the other state holds the person in good standing; 26
70	70	(5) The person does not have a disqualifying criminal record, as determined by the board 27
71	71	in this state under state law; 28
72	72	(6) No board in another state revoked the person’s occupational license or government 29
73	73	certification because of negligence or intentional misconduct related to the person’s work in the 30
74	74	occupation; 31
75	75	(7) The person did not surrender an occupational license or government certification 32
76	76	because of negligence or intentional misconduct related to the person’s work in the occupation in 33
77	77	another state; 34
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81	81	(8) The person does not have a complaint, allegation or investigation pending before a 1
82	82	board in another state which relates to unprofessional conduct or an alleged crime. If the person 2
83	83	has a complaint, allegation or investigation pending, the board in this state shall not issue or deny 3
84	84	an occupational license or government certification to the person until the complaint, allegation or 4
85	85	investigation is resolved or the person otherwise meets the criteria for an occupational license or 5
86	86	government certification in this state, to the satisfaction of the board in this state; and 6
87	87	(9) The person pays all applicable fees in this state. 7
88	88	(b) If another state issued the person a government certification but this state requires an 8
89	89	occupational license to work, the board in this state shall issue an occupational license to the person 9
90	90	if the person otherwise satisfies the requirements of subsection (a) of this section. 10
91	91	5-90.1-3. Work experience. 11
92	92	Notwithstanding any other law, the board shall issue an occupational license or government 12
93	93	certification to a person upon application, based on work experience in another state, if all the 13
94	94	following apply: 14
95	95	(1) The person worked in a state that does not use an occupational license or government 15
96	96	certification to regulate a lawful occupation, but this state uses an occupational license or 16
97	97	government certification to regulate a lawful occupation with a similar scope of practice, as 17
98	98	determined by the board; 18
99	99	(2) The person worked for at least three (3) years in the lawful occupation; and 19
100	100	(3) The person satisfies § 5-90.1-2(a)(5) requirements. 20
101	101	5-90.1-4. Private certification. 21
102	102	Notwithstanding any other law, the board shall issue an occupational license or government 22
103	103	certification to a person, based on holding a private certification and work experience in another 23
104	104	state, if all the following apply: 24
105	105	(1) The person holds a private certification and worked in a state that does not use an 25
106	106	occupational license or government certification to regulate a lawful occupation, but this state uses 26
107	107	an occupational license or government certification to regulate a lawful occupation with a similar 27
108	108	scope of practice, as determined by the board; 28
109	109	(2) The person worked for at least two (2) years in the lawful occupation; 29
110	110	(3) The person holds a current and valid private certification in the lawful occupation; 30
111	111	(4) The private certification organization holds the person in good standing; and 31
112	112	(5) The person satisfies § 5-90.1-2(a)(5) requirements. 32
113	113	5-90.1-5. State law examination. 33
114	114	A board may require a person to pass a jurisprudential examination specific to relevant 34
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117	117	LC001881 - Page 4 of 6
118	118	state laws that regulate the occupation, if an occupational license or government certification in this 1
119	119	state requires a person to pass a jurisprudential examination, specific to relevant state statutes and 2
120	120	administrative rules that regulate the occupation. 3
121	121	5-90.1-6. Decision. 4
122	122	The board will provide the person with a written decision regarding the application within 5
123	123	sixty (60) days after receiving a completed application. 6
124	124	5-90.1-7. Appeal. 7
125	125	(a) The person may appeal the board’s decision to a court of general jurisdiction. 8
126	126	(b) The person may appeal the board’s: 9
127	127	(1) Denial of an occupational license or government certification; 10
128	128	(2) Determination of the occupation; 11
129	129	(3) Determination of the similarity of the scope of practice of the occupational license or 12
130	130	government certification issued; or 13
131	131	(4) Other determinations under this chapter. 14
132	132	5-90.1-8. State laws and jurisdiction. 15
133	133	A person who obtains an occupational license or government certification pursuant to this 16
134	134	chapter is subject to: 17
135	135	(1) The laws regulating the occupation in this state; and 18
136	136	(2) The jurisdiction of the board in this state. 19
137	137	5-90.1-9. Exception. 20
138	138	This chapter does not apply to an occupation regulated by the state supreme court. 21
139	139	5-90.1-10. Limitations. 22
140	140	(a) An occupational license or government certification issued pursuant to this chapter is 23
141	141	valid only in this state. It does not make the person eligible to work in another state under an 24
142	142	interstate compact or reciprocity agreement, unless otherwise provided in law. 25
143	143	(b) Nothing in this chapter shall be construed to prevent this state from entering into a 26
144	144	licensing compact or reciprocity agreement with another state, foreign province or foreign country. 27
145	145	(c) Nothing in this chapter shall be construed to prevent this state from recognizing 28
146	146	occupational credentials issued by a private certification organization, foreign province, foreign 29
147	147	country, international organization or other entity. 30
148	148	(d) Nothing in this chapter shall be construed to require a private certification organization 31
149	149	to grant or deny private certification to any individual. 32
150	150	5-90.1-11. Cost. 33
151	151	The board may charge a fee to the person to recoup its costs not to exceed one hundred 34
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154	154	LC001881 - Page 5 of 6
155	155	dollars ($100) for each application. 1
156	156	5-90.1-12. Preemption. 2
157	157	This chapter preempts laws any cities, towns or other governments in the state, which 3
158	158	regulate occupational licenses and government certifications. 4
159	159	SECTION 2. This act shall take effect on January 1, 2024. 5
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161	161	LC001881
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166	166	EXPLANATION
167	167	BY THE LEGISLATIVE COUNCIL
168	168	OF
169	169	A N A C T
170	170	RELATING TO BUSINESSES AND PROFESSIONS -- FREEDOM TO TRAVEL AN D
171	171	WORK ACT
172	172	***
173	173	This act would establish an occupational regulatory framework by authorizing the issuance 1
174	174	of occupational licenses and government certifications by recognition for qualified worker 2
175	175	applicants from other states. 3
176	176	This act would take effect on January 1, 2024. 4
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178	178	LC001881
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