SB 419 — Establishing standards for licensure of military trained applicants

WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 419 ByBYSENATORW SenatorELD WeldANDEEDS [Originating in the Committee on Military;Government Organization;

reported on JanuaryFebruary 24,3, 2023] CS for CS for SB 419 A BILL to amend and reenact §30-1B-1, §30-1B-2, §30-1B-3, and §30-1B-4 of the Code of West Virginia, 1931, as amended;

and to repeal §30-1B-5 and §30-1B-7 of said code, all relating to licensure to practice professions and occupations;

andstating providingfindings; for licensure provisions for individuals with military training and experience applicable to military members and their spouses.

establishing standardsfor licensure of military-trained applicants;

mandating boards act on applications from military-trained applicants not later than 15 days after receipt;

providing for conditions for issuance of authorization to practice occupation or trade to military-trained applicants;

prohibiting board from charging fee for initial authorization to practice;

establishing standards for licensing spouses of current military members;

mandating boards act on applications from spouses not later than 15 days after receipt;

prohibiting boards from charging fee to spouse of military member for initial authorization to practice;

and providing for temporary authorization to practice while application is pending.

(2) Many current and former members of the United States Armed Forces have acquired extensive academic, professionalprofessional, and occupational training and experience in various professions and occupations while serving in the Armed Forces, comparable to or exceeding that required in this state to register for examination or qualify for licensure, certification, or registration for similar or related occupations and professions;

CS for CS for SB 419 (3) Military families are ten times more likely to move from one state to another than their civilian counterparts, and 35% of military spouses work in professions that require state licenses, certifications or registrations (4) (3)() Veterans of the Armed armed forces and the spouses of current members who return or relocate to this state after being called to active duty service, and spouses accompanying armed forces members outside of this state or to this state for active duty are frequently delayed in beginning employment as professionals because of issues with obtaining licenses, certifications 1 CS for SB 419 or registrations upon arrival or return to West Virginia;

(4) Because of the training and experiences these individuals have and the challenges they may face when seeking licensure, certification, or registration, it is in the best interestsinterest of this state to ease these burdens and ensure the boards in this chapter use the relevant experiences of these men and women to ensure they are able to find employment as quickly as possib.epossible §30-1B-2.§30-1B-2 .

(a) Except as provided in section eight of this article, and notwithstanding any law to the contrary, all boards referred to in this chapter shall, upon presentation of satisfactory evidence by an applicant for licensure, certification or registration, consider the individual'sindividual’s education, training or experience as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, or the military reserves of any state, as part of the evaluation process toward the qualifications to receive, or take examination for, that respective professional license, CS for CS for SB 419 certification or registration.

subsection (c) of this section, and notwithstanding any other provision of this Codecode to the contrary, all boards referred to in this chapter shall issue a license, certification, or registration to a military-trained applicant to allow the applicant to lawfully practice the applicant'sapplicant’s occupation in this state if, upon application to a board, the military-trained applicant satisfies the following conditions:

(1) Has been awarded a militarymili tary occupational specialty and has done all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure, certification, or 2 CS for SB 419 registration of the board from which the applicant is seeking licensure, certification, or registration in this state:

(b) No later than 15 days following receipt of an application from a military-trainedmilitary-t rained applicant, the board shall either issue a license, certification, registration, or notify an applicant when the applicant'sapplicant’s military training or experience does not satisfy the requirements for licensure, certification, or registration and specify the criteria or requirements that the board determined that the applicant failed to meet and the basis for that determination.

CS for CS for SB 419 (c) A board shall issue a license, certification, or registration to a military-trained applicant to allow the applicant to lawfully practice the applicant'sapplicant’s occupation in this state if the military- trained applicant, upon application to the board, satisfies the following conditions:

Department of Defense Form 214 (DD-214), or similar substantiation, attesting to the applicant'sapplicant’s military occupational specialty certification and experience in an occupational field within the board'sboard’s purview;

and (2) Passes a proficiency examination offered by the board to military-trainedmilitarained applicants in lieu of satisfying the conditions set forth in subsection (a) of this section;section.

However,If if an applicant 3 CS for SB 419 fails the proficiency examination, then the applicant may be required by the board to satisfy those conditions.

(d) In any case where a proficiency examination is not offered routinelyrouinely by a board, the board shall design a fair proficiency examination for military-trained applicants to obtain licensure, certification, or registration under this section.

(e) All relevant experience of a military service member in the discharge of official dut shall be credited in the calculation of years of practice in an occupation as required under subsection (a) of this section.

(h) Nothing in this section may be construed to prohibit a military-trainedmilitarrained applicant from proceeding under the existing licensure, certification, or registration requirements established by a board referred to in this chapter.

CS for CS for SB 419 (i) A board may not charge a military-trained applicant an initial application fee for a license, certification, registration, or temporary practice permit issued pursuant to this section:

(a) During periods when the licensee, certificate holder or registrant is on active duty as a 4 CS for SB 419 member of the Armed Forces of the United States and deployed outside of this state, and for six months after discharge from active duty, his or her license, certification or registration shall continue in good standing and shall be renewed, upon receipt of a waiver request pursuant to subsection (b) of this section:

and (2) Without payment of fees for the renewal of the license, certification or registration (b) (a)a) The licensee, certificate holder or registrant shall submit a waiver request to the appropriate board, informing the board of circumstances which include, but are not limited to, being deployed outside of this state Notwithstanding any other provision of this code to the contrary, all boards referred to in this chapter shall issue a license, certification, or registration to a military spouse to allow the spouse of an active duty military member who is a resident of this stateCS for CS for SB 419 state, or who is assigned to state,state or federal active duty in this statestate, to lawfully practice the spouse'sspouse’s occupation in this state if, upon application to a board, the spouse satisfies the following conditions:

(1) Holds a current license, certification, or registration from another jurisdiction, and that jurisdiction'sjurisdiction’s requirements for licensure, certification, or registration are substantially equivalent to or exceed the requirements for licensure, certification, or registration of the board for which the applicant is seeking licensure, certification, or registration in this state;

(2) Can demonstrate competency in the occupation through methods as determined by the board, such as having completed continuing education units or having had recent experience for 5 CS for SB 419 at least two of the five years preceding the date of the application under this section;

(b) No later than 15 days following receipt of an application from a spousehe the board shall either issue a license, certification, registration, or notify an applicant when the applicant'sapplicant’s training or experience does not satisfy the requirements for licensure, certification, or registration and specify the criteria or requirements that the board determined that the applicant failed to meet and the basis for that determination.

If an applicant who is a military spouse has a pending complaint under §30-1B-(a)(4),§30-1B-3(a)(4), the board shall notify the applicant no later than 15 days following the board receiving written notice of the disposition of the pending complaint.

(c) All relevant experience of a military spouse, including full-timefullime and part-time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice in an occupation as required under subsection (a) of this section.

CS for CS for SB 419 (d) A nonresident licensed, certified, or registered under this section is entitled to the same rights and subject to the same obligations as required of a resident licensed, certified, or registered by all boards referred to in this chapter.

(g) A board may not charge a militarymili tary spouse an initial application fee for a license, certification, registration, or temporary practice permit issued pursuant to this section:

Provided, 6 CS for SB 419 That nothing in this subsection may be construed to prohibit a board from charging its ordinary fee for a renewal application or prohibit a third party from charging actual costs for a service such as a background check.

waiver of certain license, certificationorcertification or registration requirements.

(A) Circumstances associated with accompanying his or her spouse who is on active duty prevent the obtaining of continuing education, or CS for CS for SB 419 (B) The licensee, certificate holder or registrant presents evidence that he or she performs or performed the profession or occupation while accompanying his or her spouse on active duty;

(b) The licensee, certificate holder or registrant shall submit a waiver request to the appropriate board informing the board of circumstances which include, but are not limited to, accompanying a spouse who is deployed outside of this state All boards referred to in this chapter shall issue a temporary practice permit to a military- trained applicant or military spouse licensed, certified, or registered in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under 7§30-1B-3 CS for SB 419 sections three and four§30-1B-4 of this sectioncode no later than 15 days following receipt of an application;