SB 717 — PED/Military Occupational Licensure.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 717* Commerce and Insurance Committee Substitute Adopted 5/26/20 Short Title:

Senators Bryan, Wells, and D.

Davis (Primary Sponsors).

Rules and Operations of the Senate May 14, 2020 A BILL TO BE ENTITLED AN ACT TO EXPEDITE OCCUPATIONAL LICENSURE FOR MILITARY SPOUSES, PUBLICIZE LICENSURE INFORMATION, AND REPORT DATA REGARDING APPLICANTS WHO ARE MILITARY SPOUSES AND APPLICANTS THAT HAVE MILITARY TRAINING, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

(a)… Except(a1) asNo providedlater bythan subsection30 (a2)days offollowing thisreceipt section,of andan notwithstandingapplication, anyapplication otherfrom provisiona ofmilitary-trained law,applicant, an occupational licensing board,board shall notify an applicant when the applicant's military training or Stateexperience agencydoes licensingnot board,satisfy asthe definedrequirements infor G.S.licensure, certification, or registration and shall specify the criteria or requirements that the board determined that the applicant failed to meet and the basis for that determination.

93B-1,If shalla issuemilitary-trained applicant has a license,pending certification,complaint orunder registrationsubdivision to(3) aof military-trainedsubsection applicant(a) toof allowtheapplicanttolawfullypracticetheapplicant'soccupationinthisStateif,uponapplicationthis tosection, an occupational licensing board, board orshall Statenotify agencythe licensingapplicant board,no later than 30 days following the military-trainedboard applicantreceiving satisfieswritten notice of the followingdisposition conditions:of the pending complaint.

(1)… Has(b1) beenNo awardedlater athan military30 occupationaldays specialtyfollowing andreceipt hasof donean allapplication offrom thea followingmilitary atspouse, aan leveloccupational thatlicensing isboard substantiallyshall equivalentnotifyan toapplicant when the applicant's training or exceedsexperience does not satisfy the requirements for licensure, certification, or registration ofand theshall occupationalspecify licensingthe boardcriteria or Staterequirements agencythat licensingthe board fromdetermined whichthat the applicant isfailed seekingto licensure,meet certification,and orthe registrationbasis infor thisthat State:determination.

completedIf an applicant who is a military programspouse has a pending complaint under subdivision (4) of training,subsection completed(b) testingof orthis equivalentsection, trainingan andoccupational experience,licensing andboard performedshall innotify the occupationalapplicant specialty.no later than 30 days following the board receiving written notice of the disposition of the pending complaint.

(2)… Has(c1) engagedEach in the active practice of the occupation for which the person is seeking a license, certification, or permit from the occupational licensing or State agency licensing board inshall thispublish Statea foron atits leastWeb twosite ofall the five years preceding the date of the applicationfollowing: under this section.

(3) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in this State at the time the act was committed and has no pending complaints.

(4) RepealedbySessionLaws2017-28,s.3,effectiveJuly1,2017,andapplicable to applications submitted on or after that date.

(a1) No later than 30 seven business days following receipt of an application, application fromamilitary-trainedapplicant,anoccupationallicensingboardorStateagencylicensingboard shall eitherissue alicense, certification,or registration ornotifyan applicant when the applicant's *S717-v-2* General Assembly Of North Carolina Session 2019 military training or experience does not satisfy the requirements for licensure, certification, or registration and shall specify the criteria or requirements that the board determined that the applicant failed to meet and the basis for that determination.

If a military-trained applicant has a pending complaint under subdivision (3) of subsection (a) of this section, an occupational licensing board or State agency licensing board shall notify the applicant no later than seven business days following the board receiving written notice of the disposition of the pending complaint.

(a2) An occupational licensing board, board or State agency licensing board, as defined in G.S.

93B-1, shall issue a license, certification, or registration to a military-trained applicant to allow the applicant to lawfully practice the applicant's occupation in this State if the military-trained applicant, upon application to the occupational licensing board:board or State agency licensing board, satisfies the following conditions:

(1) Presents official, notarized documentation, such as a U.S.

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

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

however, if an applicant fails the proficiency examination, then the applicant may be required by the board to satisfy those conditions.

In anycase where a proficiencyexamination is not offered routinelybyan occupational licensing board, board or State agency licensing board, the board shall design a fair proficiency examination for military-trained applicants to obtain licensure, certification, or registration under this section.

If a proficiency examination is offered routinely by an occupational licensing board, board or State agency licensing board, that examination shall satisfy the requirements of this section.

(b) Notwithstanding any other provision of law, an occupational licensing board, board or State agency licensing board, as defined in G.S.

93B-1, shall issue a license, certification, or registration to a military spouse to allow the military spouse to lawfully practice the military spouse's occupation in this State if, upon application to an occupational licensing board, board or State agency licensing board, the military spouse satisfies the following conditions:

(1) Holds a current license, certification, or registration from another jurisdiction, and that jurisdiction's requirements for licensure, certification, or registration are substantially equivalent to or exceed the requirements for licensure, certification, or registration of the occupational licensing board or State agency licensing 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 at least two of the five years preceding the date of the application under this section.

(3) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in this State at the time the act was committed.

(4) Is in good standing;

has not been disciplined by the agency that had jurisdiction to issue the license, certification, or permit;

and has no pending complaints.

(5) RepealedbySessionLaws2017-28,s.3,effectiveJuly1,2017,andapplicable to applications submitted on or after that date.

(b1) No later than seven business days following receipt of an application from a military spouse, an occupational licensing board or State agency licensing board shall either issue a Page 2 Senate Bill 717*-Second Edition General Assembly Of North Carolina Session 2019 license, certification, or registration or notify an applicant when the applicant'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 subdivision (4) of subsection (b) of this section, an occupational licensing board or State agency licensing board shall notify the applicant no later than seven business days following the board receiving written notice of the disposition of the pending complaint.

(c) All relevant experienceofamilitaryservicememberin thedischargeofofficialduties or, for a military spouse, all relevant experience, including full-time 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) or (b) of this section.

(c1) Each occupational licensing board or State agency licensing board shall publish a on its Web site all of the following:

The information required by this *S717-v-1* General Assembly Of North Carolina Session 2019 subsection shall be published on the occupational licensing board's Web site and the Web site of the Department of Military and Veterans Affairs.

(2) Adocument thatthatincludes includes asummaryoftheopportunitiesavailableto veterans and military spouses under this section.

(d)… A(i) nonresidentFor licensed,the certified,purposes orof registered under this sectionsection, shall be entitled to the sameState rightsBoard andof subjectEducation toshall thebe sameconsidered obligationsan asoccupational requiredlicensing ofboard awhen residentissuing licensed,teacher certified,licenses orunder registeredArticle by17E anof occupationalSubchapter licensingV boardof orChapter State115C agencyof licensingthe boardGeneral inStatutes. this State.

(e) Nothing in this section shall be construed to apply to the practice of law as regulated under Chapter 84 of the General Statutes.

(f) An occupational licensing board or State agency licensing board, shall issue a temporarypractice permit to a military-trained applicant or militaryspouse licensed, certified, or registered in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under subsection (a) or (b) of this section within seven business days following receipt of an application, if that jurisdiction has licensure, certification, or registration standards substantially equivalent to the standards for licensure, certification, or registration of an occupation occupational licensing or State agency licensing board in this State.

The practice permit shall be issued using the same information as provided by the applicant in the licensure application and remain valid for the later of one year or the required renewal date for the occupation the temporary practice permit was issued for or until a license, certification, or registration is granted by the occupational licensing board.board or State agency licensing board.