2022 -- H 7231

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LC004228

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- FREEDOM TO TRAVEL AND

WORK ACT

     Introduced By: Representatives Place, and Roberts

     Date Introduced: January 28, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 91

FREEDOM TO TRAVEL AND WORK ACT

     5-91-1. Definitions.

     As used in this chapter, the words defined in this section shall have the following meanings:

     (1) “Board” means a government agency, board, department or other government entity

that regulates a lawful occupation and issues an occupational license or government certification to

an individual.

     (2) “Government certification” means a voluntary, government-granted and

nontransferable recognition to an individual who meets personal qualifications related to a lawful

occupation. Upon the government’s initial and continuing approval, the individual may use

“government certified” or “state certified” as a title. A non-certified individual also may perform

the lawful occupation for compensation, but may not use the title “government certified” or “state

certified.” In this chapter, the term “government certification” is not synonymous with

“occupational license.” It also is not intended to include credentials, such as those used for medical-

board certification or held by a certified public accountant, that are prerequisites to working

lawfully in an occupation.

     (3) “Lawful occupation” means a course of conduct, pursuit or profession, that includes the

sale of goods or services, that are not themselves illegal to sell, irrespective of whether the

individual selling them is subject to an occupational license.

     (4) “Occupational license” is a nontransferable authorization in law, for an individual to

exclusively perform a lawful occupation based upon meeting personal qualifications, established

by law. In an occupation, for which a license is required, it is illegal for an individual, who does

not possess a valid occupational license, to perform that occupation.

     (5) “Other state” or “another state” means any United States territory or state in the United

States, other than Rhode Island.

     (6) “Private certification” is a voluntary program, in which a private organization grants

nontransferable recognition to an individual who meets personal qualifications and standards

relevant to performing the occupation, as determined by the private organization. The individual

may use the designated title of “certified,” as permitted by the private organization.

     (7) “Scope of practice” means the procedures, actions, processes and work that a person

may perform under an occupational license or government certification issued in this state.

     5-91-2. Occupational license or government certification.

     (a) Notwithstanding any other law, the board shall issue an occupational license or

government certification to a person upon application, if all the following conditions apply:

     (1) The person holds a current and valid occupational license or government certification

in another state, in a lawful occupation with a similar scope of practice, as determined by the board

in this state;

     (2) The person has held the occupational license or government certification from the other

state, for at least one year;

     (3) The board in the other state required the person to pass an examination, or to meet

educational, training or experience standards;

     (4) The board in the other state holds the person in good standing;

     (5) The person does not have a disqualifying criminal record, as determined by the board

in this state under state law;

     (6) No board in another state revoked the person’s occupational license or government

certification because of negligence or intentional misconduct related to the person’s work in the

occupation;

     (7) The person did not surrender an occupational license or government certification

because of negligence or intentional misconduct related to the person’s work in the occupation in

another state;

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     (8) The person does not have a complaint, allegation or investigation pending before a

board in another state which relates to unprofessional conduct or an alleged crime. If the person

has a complaint, allegation or investigation pending, the board in this state shall not issue or deny

an occupational license or government certification to the person, until the complaint, allegation or

investigation is resolved or the person otherwise meets the criteria for an occupational license or

government certification in this state, to the satisfaction of the board in this state;

     (9) The person pays all applicable fees in this state; and

     (10) The person holds OSHA certifications commensurate with industry standards in this

state.

     (b) If another state issued the person a government certification, but this state requires an

occupational license to work, the board in this state shall issue an occupational license to the person,

if the person otherwise satisfies the requirements of subsection (a) of this section.

     5-91-3. Work experience.

     Notwithstanding any other law, the board shall issue an occupational license or government

certification to a person upon application, based on work experience in another state, if all of the

following apply:

     (1) The person worked in a state that does not use an occupational license or government

certification to regulate a lawful occupation, but this state uses an occupational license or

government certification to regulate a lawful occupation, with a similar scope of practice, as

determined by the board;

     (2) The person worked for at least three (3) years in the lawful occupation within twenty-

four (24) months of applying; and

     (3) The person satisfies § 5-91-2 requirements.

     5-91-4. Private certification.

     Notwithstanding any other law, the board shall issue an occupational license or government

certification to a person, based on holding a private certification and work experience in another

state, if all of the following apply:

     (1) The person holds a private certification and worked in a state that does not use an

occupational license or government certification to regulate a lawful occupation, but this state uses

an occupational license or government certification to regulate a lawful occupation, with a similar

scope of practice, as determined by the board;

     (2) The person worked for at least two (2) years in the lawful occupation;

     (3) The person holds a current and valid private certification in the lawful occupation;

     (4) The private certification organization holds the person in good standing; and

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     (5) The person satisfies § 5-91-2 requirements.

     5-91-5. State law examination.

     A board may require a person to pass a jurisprudential examination, specific to relevant

state laws that regulate the occupation, if an occupational license or government certification in this

state requires a person to pass a jurisprudential examination, specific to relevant state statutes and

administrative rules that regulate the occupation.

     5-91-6. Decision.

     The board will provide the person with a written decision regarding the application within

sixty (60) days after receiving a completed application.

     5-91-7. Appeal.

     (a) The person may appeal the board’s decision to a court of general jurisdiction.

     (b) The person may appeal the board’s:

     (1) Denial of an occupational license or government certification;

     (2) Determination of the occupation;

     (3) Determination of the similarity of the scope of practice of the occupational license or

government certification issued; or

     (4) Other determinations under this chapter.

     5-91-8. State laws and jurisdiction.

     A person who obtains an occupational license or government certification, pursuant to this

chapter, is subject to:

     (1) The laws regulating the occupation in this state; and

     (2) The jurisdiction of the board in this state.

     5-91-9. Exception.

     This chapter does not apply to an occupation regulated by the state supreme court.

     5-91-10. Limitations.

     (a) An occupational license or government certification issued pursuant to this chapter is

valid only in this state. It does not make the person eligible to work in another state under an

interstate compact or reciprocity agreement, unless otherwise provided in law.

     (b) Nothing in this chapter shall be construed to prevent this state from entering into a

licensing compact or reciprocity agreement with another state, foreign province or foreign country.

     (c) Nothing in this chapter shall be construed to prevent this state from recognizing

occupational credentials issued by a private certification organization, foreign province, foreign

country, international organization or other entity.

     (d) Nothing in this chapter shall be construed to require a private certification organization

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to grant or deny private certification to any individual.

     5-91-11. Cost.

     The board may charge a fee to the person to recoup its costs, not to exceed one hundred

dollars ($100) for each application.

     5-91-12. Preemption.

     This chapter preempts laws in all cities, towns or other governments in the state, which

regulate occupational licenses and government certifications.

     SECTION 2. This act shall take effect on January 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- FREEDOM TO TRAVEL AND

WORK ACT

***

     This act would establish an occupational regulatory framework by authorizing the issuance

of occupational licenses and government certifications by recognition, for qualified worker

applicants from other states.

     This act would take effect on January 1, 2023.

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