2023 -- H 5335

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LC001098

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE

     

     Introduced By: Representatives Place, Rea, Nardone, and Roberts

     Date Introduced: February 03, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. The title of Chapter 5-88 of the General Laws entitled "Military Spouse

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Licensure" is hereby amended to read as follows:

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CHAPTER 5-88

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Military Spouse Licensure

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CHAPTER 5-88

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MILITARY MEMBER AND SPOUSE LICENSE ISSUANCE

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     SECTION 2. Section 5-88-1 of the General Laws in Chapter 5-88 entitled "Military Spouse

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Licensure" is hereby amended to read as follows:

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     5-88-1. Military spouse licensure Issuance of professional service license.

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     (a) Except as provided in § 5-88-2, notwithstanding Notwithstanding any other law to the

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contrary, each business/profession-related board shall establish a procedure to expedite the issuance

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of issue a license, certification, or permit to perform professional services regulated by each such

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board to a person:

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     (1) Who is certified or licensed in another state for at least one year to perform professional

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services in a state other than Rhode Island;

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     (2) Who is a member of the armed forces of the United States, or whose Whose spouse is

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a member of the armed forces of the United States;

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     (3) Who is subject to military orders for a change of station to a duty station in Rhode

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Island, or in the process, or has been honorably discharged and is relocated to the state of Rhode

 

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Island or, whose Whose spouse is the subject of a military transfer to Rhode Island; and

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     (4) In the situation of a military member's spouse, the spouse Who left employment to

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accompany the person's spouse military member to Rhode Island.

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     (b) The procedure shall include:

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     (1) Issuing the person a license, certificate, or permit, if, in the opinion of the board, the

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requirements for certification or licensure of such other state are substantially equivalent to that

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required in this state; or

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     (2) Developing a method to authorize the person to perform professional services regulated

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by the board in this state Upon submission of an affidavit, under penalties of perjury, affirming that

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a person satisfies the provisions of subsection (a)(1) of this section, by issuing the person a

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temporary license, certificate or permit for a limited period of time to allow the person to perform

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professional services while completing any specific requirements that may be required in this state

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that were not required in the state in which the person was licensed or certified.; or

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     (3) Establishing that the person is not subject to a disqualification pursuant to the provisions

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of § 5-88-2.

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     SECTION 3. Chapter 5-88 of the General Laws entitled "Military Spouse Licensure" is

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hereby amended by adding thereto the following sections:

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     5-88-2. Disqualification for license issuance.

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     The provisions of § 5-88-1 shall not apply unless all the following apply:

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

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

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     (3) No board in any other state has revoked the person's occupational license, certificate or

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permit as a result of negligence or intentional misconduct;

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     (4) The person did not surrender an occupational license, certificate or permit because of

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negligence or intentional misconduct;

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     (5) The person does not have a complaint, allegation or investigation currently pending

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before a board in another state which relates to unprofessional conduct or an alleged crime; and

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     (6) The person pays all applicable fees in this state.

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     5-88-3. Decision.

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     The board shall provide the person with a written decision regarding the application for an

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occupational license, certificate or permit pursuant to the provisions of § 5-88-1 within thirty (30)

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days after receiving an application.

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     5-88-4. Appeal.

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     An appeal of an adverse determination or denial of a license, certificate or permit

 

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application under the terms of this chapter shall be pursuant to the provisions of chapter 35 of title

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42, the "administrative procedures act".

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     5-88-5. Limitations.

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     (a) An occupational license, certificate or permit issued pursuant to this chapter is valid

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

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compact or reciprocity agreement unless otherwise provided by law.

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

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

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

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

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country, international organization or other entity.

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     (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.

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     5-88-6. Military education, training and experience.

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     Notwithstanding any other law to the contrary, the education, training or experience

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requirements for an occupational license, certificate or permit issued pursuant to this chapter are

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completely or partially satisfied, as determined by the regulating occupational licensing board, on

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presentation of satisfactory evidence that the applicant received substantially equivalent education,

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training or experience as a member of the United States armed forces or any national guard or other

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reserve component.

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     5-88-7. Public notice.

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     An occupational licensing board shall prominently print the following on all license,

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certificate or permit applications, and any communication denying a license, certificate or permit,

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and on the board's website: "Pursuant to § 5-88-1 et seq., upon application, this state may recognize

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occupational licenses, certificates or permits obtained from other states for military members and

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their spouses who relocate to this state pursuant to military orders."

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     5-88-8. Preemption.

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     This chapter preempts rules, regulations and ordinances of any city, town, municipality,

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and other subdivisions of the state which regulate occupational licenses, certificates or permits.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE

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     This act would provide issuance of an occupational license, certificate and permit for

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military service members and their spouses licensed in other states and relocated to Rhode Island

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pursuant to military change of station orders or is in the process, or has been honorably discharged.

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Qualifications for issuance include having been issued the out-of-state license at least one year

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previously and holding the license in good standing with no pending complaints or investigations

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for misconduct.

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     This act would take effect upon passage.

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