2023 -- S 0664

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LC001881

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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 -- FREEDOM TO TRAVEL AND

WORK ACT

     

     Introduced By: Senators de la Cruz, Rogers, Raptakis, Lombardo, and E Morgan

     Date Introduced: March 07, 2023

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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is hereby amended by adding thereto the following chapter:

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CHAPTER 90.1

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FREEDOM TO TRAVEL AND WORK ACT

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     5-90.1-1. Definitions.

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

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

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

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an individual.

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

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

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

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

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

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

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

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

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lawfully in an occupation.

 

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

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

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selling them is subject to an occupational license.

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

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perform exclusively a lawful occupation based on meeting personal qualifications established by

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law. In an occupation for which a license is required, it is illegal for an individual who does not

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possess a valid occupational license to perform that occupation.

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

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States, other than Rhode Island.

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

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nontransferable recognition to an individual who meets personal qualifications and standards

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

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

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

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

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     5-90.1-2. Occupational license or government certification.

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

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

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

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

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in this state;

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

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state for at least one year;

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

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educational, training or experience standards;

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

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

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in this state under state law;

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

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

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occupation;

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

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

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another state;

 

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

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

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

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

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

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

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

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

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

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

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     5-90.1-3. Work experience.

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

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

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following apply:

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

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

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

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determined by the board;

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     (2) The person worked for at least three (3) years in the lawful occupation; and

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     (3) The person satisfies § 5-90.1-2(a)(5) requirements.

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     5-90.1-4. Private certification.

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

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

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state, if all the following apply:

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

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

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

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scope of practice, as determined by the board;

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

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

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

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     (5) The person satisfies § 5-90.1-2(a)(5) requirements.

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     5-90.1-5. State law examination.

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

 

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

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

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administrative rules that regulate the occupation.

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     5-90.1-6. Decision.

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

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sixty (60) days after receiving a completed application.

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     5-90.1-7. Appeal.

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

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

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

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     (2) Determination of the occupation;

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

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government certification issued; or

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     (4) Other determinations under this chapter.

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     5-90.1-8. State laws and jurisdiction.

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

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chapter is subject to:

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

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

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     5-90.1-9. Exception.

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

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     5-90.1-10. Limitations.

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

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

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interstate compact or reciprocity agreement, unless otherwise provided in 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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     5-90.1-11. Cost.

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

 

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dollars ($100) for each application.

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     5-90.1-12. Preemption.

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

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regulate occupational licenses and government certifications.

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     SECTION 2. This act shall take effect on January 1, 2024.

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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

***

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

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of occupational licenses and government certifications by recognition for qualified worker

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applicants from other states.

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     This act would take effect on January 1, 2024.

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