SB 2117 — Occupational licensing boards; require prompt licensure and temporary practice permits for certain military applicants.

SB2117 (As PassedSent theto Senate)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Younger, Hill Senate Bill 2117 (As PassedSent theto Senate)Governor) AN ACT TO AMEND SECTION 73-50-1, MISSISSIPPI CODE OF 1972, TO REQUIREREVISE OCCUPATIONALTHE LICENSINGPROVISIONS BOARDSAPPLICABLE ISSUINGTO ATHE LICENSE,ISSUANCE CERTIFICATIONOF OROCCUPATIONAL REGISTRATIONLICENSES TO AAPPLICANTS WHO ARE MEMBERS OF THE MILITARY SPOUSEOR MARRIED TO ISSUE OR DENYDEPENDENTS OF MEMBERS OF THE LICENSE,MILITARY, CERTIFICATIONTO ORMAKE REGISTRATIONIT WITHINEASIER AAND CERTAINFASTER AMOUNTFOR OFTHOSE TIMEAPPLICANTS OFTO THERECEIVE APPLICATION;OCCUPATIONAL LICENSES IN MISSISSIPPI;

TO REQUIREPROVIDE OCCUPATIONAL LICENSING BOARDS TO ISSUE A TEMPORARY PRACTICE PERMIT TO A MILITARY-TRAINED APPLICANT OR MILITARY SPOUSE LICENSED, CERTIFIED OR REGISTERED IN ANOTHER JURISDICTION IF THE APPLICANT SUBMITS AN AFFIDAVIT AFFIRMING THAT HETHIS MEETSSECTION CERTAINSHALL REQUIREMENTSBE ANDKNOWN IFAS THE APPLICATION"MILITARY REQUIRESFAMILY LONGERFREEDOM THANACT"; TWO WEEKS TO PROCESS;

     73-50-1.  (1)  This section shall be known as the "Military Family Freedom Act."      ( * * *12)  As used in this section, the term:

          (a)  "License" means any license (other than a privilege license), certificatecertificate, registration or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation.

          (b)  "Military""Occupational licensing board" means theany Armedstate Forcesboard, commission, department or reservesother agency in Mississippi that is established for the primary purpose of regulating the Unitedentry States,of includingpersons into, and/or the Army,conduct Navy,of Marinepersons Corps,within, Coasta Guard,particular Airprofession Force,or occupation, and thewhich reserveis componentsauthorized thereof,to theissue Nationallicenses.  GuardFor the purposes of anythis state,section, the militaryState reservesDepartment of anyEducation state,shall orbe theconsidered navalan militiaoccupational oflicensing anyboard state.when issuing teacher licenses under Section 37-3-2.

          ( * * *bc) (c)  "Occupational"Military" licensing board" means anythe stateArmed board,Forces commission, department or otherReserves agency in Mississippi that is established for the primary purpose of regulating the entryUnited ofStates, personsincluding into, and/or the conductArmy, ofNavy, personsMarine within,Corps, aCoast particularGuard, professionAir orForce, occupation, and whichthe isreserve authorizedcomponents tothereof, issue licenses.  For the purposesNational Guard of thisany section,state, the Statemilitary Departmentreserves of Educationany shallstate, beor consideredthe annaval occupationalmilitia licensingof boardany whenstate. issuing teacher licenses under Section 37-3-2.

     (2) ( * * *23)  Notwithstanding any other provision of law, an occupational licensing board shall issue a license,license * * *, certification or registration to a military-trainedmilitary‑trained applicant to allow the applicant to lawfully practice the applicant's occupation in Mississippi to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, if, upon application to an occupational licensing board, the applicant satisfies the following conditions:

          (a)  HasThe applicant has been awarded a military occupational specialtyspecialty * * * and has done all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure, certification or registration of the occupational licensing board from which the applicant is seeking licensure, certification or registration in this state: state:, completed a military program of training, completed testing or equivalent training and experienceexperience * * * as determined by the board, and performed in the occupational specialty.specialty * * *.;

or           (b)  HasThe applicant holds a current and valid license in another state in an occupation with a similar scope of practice, as determined by the occupational licensing board in Mississippi and has * * * engaged in the active practice of the occupation for which the person is seeking a license,held this license * * *, certification or permit from the occupational licensing board inin * * * this the other state for at leastleast * * * two (2) of the five (5) years preceding the date of the application under this section.

         one (c) (1) Hasyear; 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           (d) (c)  PaysThe applicant has not committed any feesact requiredin * * * byany jurisdiction the other state that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in * * * this state Mississippi at the time the act was committed * * *., the occupational licensing board forin whichthe other state holds the applicant isin seekinggood licensure,standing, certificationand orthe registrationapplicant does not have a disqualifying criminal record as determined by the occupational licensing board in thisMississippi state.under Mississippi law;

    and (3)           Notwithstanding(d)  anyThe otherapplicant provisiondid ofnot law,surrender ana occupationallicense licensingbecause boardof shallnegligence issue a license, certification or registrationintentional tomisconduct arelated military spouse to allow the militaryapplicant's spousework toin lawfully practice the military spouse's occupation in Mississippianother if,state; upon application to an occupational licensing board, the military spouse satisfies the following conditions:

and           (a) (e)  HoldsThe aapplicant currentdoes license,not certificationhave ora registrationcomplaint, fromallegation anotheror jurisdiction,investigation andpending thatbefore jurisdiction'san requirementsoccupational forlicensing licensure,board certification or registrationother areboard substantiallyin equivalentanother state that relates to unprofessional conduct or exceedan alleged crime.  If the requirementsapplicant forhas licensure,a certificationcomplaint, allegation or registrationinvestigation ofpending, the occupational licensing board forin whichMississippi shall not issue or deny a license to the applicant isuntil seekingthe licensure,complaint, certificationallegation or registrationinvestigation is resolved, or the applicant otherwise satisfies the criteria for licensure in thisMississippi state.to the satisfaction of the occupational licensing board in Mississippi;

and           (b) ( * * *df)  CanThe demonstrateapplicant competencypays * * * inany theall occupationapplicable throughfees * * * methodsrequired as determined by the board,occupational suchlicensing asboard having completed continuing education units or having had recent experience for atwhich least two (2) of the fiveapplicant (5)is yearsseeking precedinglicensure, thecertification dateor ofregistration thein applicationthis understate thisin section.Mississippi.

              (c) ( * * *34) * * *  HasNotwithstanding not committed any actother inprovision anyof jurisdictionlaw, thatan wouldoccupational havelicensing constitutedboard groundsshall forissue refusal,a suspensionlicense, certification or revocationregistration ofto a licensemilitary spouse to allow the military spouse to lawfully practice thatthe military spouse's occupation in thisMississippi stateif, atupon application to an occupational licensing board, the timemilitary spouse satisfies the actfollowing wasconditions  committed.Notwithstanding any other law, the occupational licensing board shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, upon application based on work experience in another state, if all the following apply:

          (d) (a) * * *  IsHolds ina goodcurrent standinglicense, certification or registration from another jurisdiction, and hasthat notjurisdiction's beenrequirements disciplinedfor bylicensure, thecertification agencyor thatregistration hadare jurisdictionsubstantially equivalent to issueor exceed the license,requirements for licensure, certification or permit.registration of the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.  The applicant worked in a state that does not use a license to regulate a lawful occupation, but Mississippi uses a license to regulate a lawful occupation with a similar scope of practice, as determined by the occupational licensing board;

          (e) (b) * * *  PaysCan anydemonstrate feescompetency requiredin the occupation through methods as determined by the occupationalboard, licensingsuch boardas having completed continuing education units or having had recent experience for whichat least two (2) of the five (5) years preceding the date of the application under this section.  The applicant isworked seekingfor licensure,at certificationleast orthree registration(3) years in thisthe state.lawful occupation;

    and (4)           An(c) * * *  occupationalHas licensingnot boardcommitted issuingany aact license,in certificationany orjurisdiction registrationthat towould ahave militaryconstituted spousegrounds pursuantfor torefusal, subsectionsuspension (3)or revocation of thisa sectionlicense shallto issuepractice orthat denyoccupation thein license,this certificationstate orat registrationthe withintime fourthe (4)act monthswas ofcommitted  theThe militaryapplicant spouse'ssatisfies application * * * if the spouse'sprovisions ordersof areparagraphs in(c) Mississippithrough for(f) thirty‑sixof (36)subsection months(3) orof less.this section.

     * * * (5) (d)  AllIs relevant experience of a military service member in thegood dischargestanding of official duties or, for a military spouse, all relevant experience, including full-time and part-timehas experience,not regardlessbeen ofdisciplined whetherby inthe aagency paidthat orhad volunteerjurisdiction capacity,to shallissue be credited in the calculationlicense, ofcertification years of practice in an occupation as required under subsection (2) or (3)permit. of this section.

      (6) (e)  APays nonresidentany licensed,fees certifiedrequired orby registered under this section shall be entitled to the sameoccupational rightslicensing andboard subjectfor towhich the sameapplicant obligationsis asseeking requiredlicensure, ofcertification a resident licensed, certified or registeredregistration by an occupational licensing board in this state.

    (4)  (7)  An occupational licensing board * * *board mayissuing shall issue a temporarylicense, practicecertification permitor withinregistration thirty (30) days of application to a military-trained applicant or military spouse licensed,pursuant certifiedto or registered in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under subsection (2) or (3) of this section if * * *shall thatissue jurisdiction has licensure, certification or registrationdeny standards substantially equivalent to the standardslicense, for licensure, certification or registration ofwithin anfour occupational(4) licensingmonths board in this state the applicant submits an affidavit affirming that he or she meets the requirements of paragraphs (b) and (c) of subsection (2) or paragraphs (b) and (c) of subsection (3), and if the application requires longer than two (2) weeks to process.  The military-trained applicant or military spousespouse's mayapplication practiceif under the temporaryspouse's permitorders untilare a license, certification or registration is granted, or until a notice to deny a license, certification or registration is issued, in accordanceMississippi with rules adopted by the occupational licensing board, provided that the applicant has received sufficient time to satisfy additional requirements for licensurethirty‑six under(36) subsectionmonths (2) or (3)less. of this section.

     (8) (5) * * *  All relevant experience of a military service member in the discharge of official duties 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 (2) or (3) of this section  An occupational licensing board shallmay adoptrequire rulesan necessaryapplicant to implementpass thisa sectionjurisprudential byexamination Januaryspecific 1, * * *to 2020relevant 2021.state laws in Mississippi that regulate the occupation if the issuance of a license in Mississippi requires an applicant to pass a jurisprudential examination specific to relevant state statutes and administrative rules in Mississippi that regulate the occupation.

     (9) (6) * * *  NothingA innonresident licensed, certified or registered under this section shall be construedentitled to prohibitthe asame military-trainedrights applicantand orsubject militaryto spousethe fromsame proceedingobligations underas therequired existingof licensure,a certificationresident orlicensed, registrationcertified requirementsor establishedregistered by an occupational licensing board in this state.state.  The occupational licensing board shall issue or deny the license to the applicant within one hundred twenty days (120) days after receiving an application.

     (10) If Nothingthe inapplication thisrequires sectionlonger shallthan betwo construed(2) toweeks apply to process, the occupational licensing board shall issue a temporary practice permit within thirty (30) days after receiving the application if the applicant submits an affidavit, under penalties of lawperjury, affirming that he or she satisfies the provisions of subsection (3)(a) or subsection (3)(b) of this section and subsection (3)(c) through (e) and pays all applicable fees as regulatedrequired underby Sectionsubsection 73-3-1(3)(f), etor seq.satisfies the provisions of subsection (4)(a) through (c) and pays all applicable fees as required by subsection (3)(f).

     (11) The Aapplicant militarymay personpractice under the temporary permit until a license is granted, or spouseuntil maya appealnotice to deny the license is issued, in accordance with rules adopted by the occupational licensing board'sboard.  decisionA temporary license will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to asatisfy courtthe ofrequirement generalfor jurisdiction.licensure in subsection (5), if applicable.

     ( * * *1112) (7) * * *  An occupational licensing board issuingmay issue a license,temporary certificationpractice permit to a military‑trained applicant or registrationmilitary pursuantspouse tolicensed, thiscertified chapteror isregistered encouragedin toanother reducejurisdiction while the feesmilitary‑trained requiredapplicant byor military spouse is satisfying the requirements for licensure under subsection (2) or (3) of this section if that jurisdiction has licensure, certification or registration standards substantially equivalent to the standards for licensure, certification or registration of an occupational licensing board forin whichthis thestate.  The military‑trained applicant or military spouse may practice under the temporary permit until a license, certification or registration is seekinggranted licensure,or until a notice to deny a license, certification or registration is issued in thisaccordance state.with rules adopted by the occupational licensing board.  (a)  The applicant may appeal any of the following decisions of an occupational licensing board to a court of general jurisdiction:

              (i)  Denial of a license;

              (ii)  Determination of the occupation;

              (iii)  Determination of the similarity of the scope of practice of the license issued;

or               (iv)  Other determinations under this section.

          (b)  The court shall determine all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an occupational licensing board, without regard to any previous determination that may have been made on the question in any action before the occupational licensing board.

     (8)  An occupational licensing board shall prominently print the following on all license applications, any communication denying a license, and on the board's website:  "Pursuant to the provisions of the Military Family Freedom Act, Mississippi shall recognize occupational licenses obtained from other states for military members and their families."  An occupational licensing board shall prepare and place on the board's website an annual report detailing the number of applications submitted to the licensing board under this section during a calendar year and the actions taken by the board on the applications.

     ( * * *89)  An occupational licensing board shall adopt rules necessary to implement this section by January 1, * * * 2020 2021.  In addition, an occupational licensing board shall make all reasonable efforts to issue a license to an applicant for a license under this section.

     ( * * *910)  Nothing in this section shall be construed to prohibit a military * * *‑trained applicant * * * or military, spouse or dependent from proceeding under the existing licensure * * *, certification or registration requirements established by an occupational licensing board in * * * this state Mississippi.

     (11)  Nothing in this chapter shall be construed to prevent Mississippi from entering into a licensing compact or reciprocity agreement with another state, foreign province or foreign country.  A license issued under this section is valid only in Mississippi.

It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in Mississippi law.

     ( * * *1012)  Nothing in this section shall be construed to apply to the practice of law as regulated under Section 73-3-1 et seq.

 * * * (11)  An occupational licensing board issuing a license, certification or registration pursuant to this chapter is encouraged to reduce the fees required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.

     (13)  This section preempts any ordinances of any municipality, county and other political subdivisions of the State of Mississippi that regulate licenses.