Proposed Committee Substitute - Senate Bill 717, PED/Military Occupational Licensure (Session 2019)

Summary

Senate Bill 717 of the General Assembly of North Carolina, Session 2019, in the form of proposed committee substitute S717-CSBH-33 [v.3] dated 05/19/2020, with the short title "PED/Military Occupational Licensure." The bill is 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. Section 1 rewrites G.S. 93B-15.1, including a proficiency examination for military-trained applicants, a temporary practice permit, and a bar on charging an initial application fee. Section 3 makes the act effective December 1, 2020.

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                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                      SESSION 2019
     S                                                                                                  D
                                  SENATE BILL 717
                    PROPOSED COMMITTEE SUBSTITUTE S717-CSBH-33 [v.3]
                                            05/19/2020 04:23:38 PM
     Short Title:   PED/Military Occupational Licensure.                                          (Public)
     Sponsors:
     Referred to:
                                                May 14, 2020

 1                                       A BILL TO BE ENTITLED
 2   AN ACT TO EXPEDITE OCCUPATIONAL LICENSURE FOR MILITARY SPOUSES,
 3       PUBLICIZE LICENSURE INFORMATION, AND REPORT DATA REGARDING
 4       APPLICANTS WHO ARE MILITARY SPOUSES AND APPLICANTS THAT HAVE
 5       MILITARY TRAINING, AS RECOMMENDED BY THE JOINT LEGISLATIVE
 6       PROGRAM EVALUATION OVERSIGHT COMMITTEE.
 7   The General Assembly of North Carolina enacts:
 8               SECTION 1. G.S. 93B-15.1 reads as rewritten:
 9   "§ 93B-15.1. Licensure for individuals with military training and experience; proficiency
10               examination; licensure by endorsement for military spouses; temporary license.
11       (a)     Except as provided by subsection (a2) of this section, and notwithstanding any other
12   provision of law, an occupational licensing board, or State agency licensing board, as defined in
13   G.S. 93B-1, shall issue a license, certification, or registration to a military-trained applicant to
14   allow the applicant to lawfully practice the applicant's occupation in this State if, upon application
15   to an occupational licensing board,board or State agency licensing board, the military-trained
16   applicant satisfies the following conditions:
17               (1)     Has been awarded a military occupational specialty and has done all of the
18                       following at a level that is substantially equivalent to or exceeds the
19                       requirements for licensure, certification, or registration of the occupational
20                       licensing board or State agency licensing board from which the applicant is
21                       seeking licensure, certification, or registration in this State: completed a
22                       military program of training, completed testing or equivalent training and
23                       experience, and performed in the occupational specialty.
24               (2)     Has engaged in the active practice of the occupation for which the person is
25                       seeking a license, certification, or permit from the occupational licensing
26                       board or State agency licensing board in this State for at least two of the five
27                       years preceding the date of the application under this section.
28               (3)     Has not committed any act in any jurisdiction that would have constituted
29                       grounds for refusal, suspension, or revocation of a license to practice that
30                       occupation in this State at the time the act was committed and has no pending
31                       complaints.
32               (4)     Repealed by Session Laws 2017-28, s. 3, effective July 1, 2017, and applicable
33                       to applications submitted on or after that date.
34       (a1) No later than 30seven business days following receipt of an application, application
35   from a military-trained applicant, an occupational licensing board or State agency licensing board
36   shall notify an applicant when the applicant's military training or experience does not satisfy the



                                       *S717-CSBH-33*
     General Assembly Of North Carolina                                                       Session 2019
 1   requirements for licensure, certification, or registration and shall specify the criteria or
 2   requirements that the board determined that the applicant failed to meet and the basis for that
 3   determination. If a military-trained applicant has a pending complaint under subdivision (3) of
 4   subsection (a) of this section, an occupational licensing board or State agency licensing board
 5   shall notify the applicant no later than seven business days following the board receiving written
 6   notice of the disposition of the pending complaint.
 7       (a2) An occupational licensing board,board or State agency licensing board, as defined in
 8   G.S. 93B-1, shall issue a license, certification, or registration to a military-trained applicant to
 9   allow the applicant to lawfully practice the applicant's occupation in this State if the
10   military-trained applicant, upon application to the occupational licensing board:board or State
11   agency licensing board, satisfies the following conditions:
12               (1)      Presents official, notarized documentation, such as a U.S. Department of
13                        Defense Form 214 (DD-214), or similar substantiation, attesting to the
14                        applicant's military occupational specialty certification and experience in an
15                        occupational field within the board's purview; and
16               (2)      Passes a proficiency examination offered by the board to military-trained
17                        applicants in lieu of satisfying the conditions set forth in subsection (a) of this
18                        section; however, if an applicant fails the proficiency examination, then the
19                        applicant may be required by the board to satisfy those conditions.
20   In any case where a proficiency examination is not offered routinely by an occupational licensing
21   board, board or State agency licensing board, the board shall design a fair proficiency
22   examination for military-trained applicants to obtain licensure, certification, or registration under
23   this section. If a proficiency examination is offered routinely by an occupational licensing board,
24   board or State agency licensing board, that examination shall satisfy the requirements of this
25   section.
26       (b)     Notwithstanding any other provision of law, an occupational licensing board,board or
27   State agency licensing board, as defined in G.S. 93B-1, shall issue a license, certification, or
28   registration to a military spouse to allow the military spouse to lawfully practice the military
29   spouse's occupation in this State if, upon application to an occupational licensing board,board or
30   State agency licensing board, the military spouse satisfies the following conditions:
31               (1)      Holds a current license, certification, or registration from another jurisdiction,
32                        and that jurisdiction's requirements for licensure, certification, or registration
33                        are substantially equivalent to or exceed the requirements for licensure,
34                        certification, or registration of the occupational licensing board or State
35                        agency licensing board for which the applicant is seeking licensure,
36                        certification, or registration in this State.
37               (2)      Can demonstrate competency in the occupation through methods as
38                        determined by the Board, such as having completed continuing education
39                        units or having had recent experience for at least two of the five years
40                        preceding the date of the application under this section.
41               (3)      Has not committed any act in any jurisdiction that would have constituted
42                        grounds for refusal, suspension, or revocation of a license to practice that
43                        occupation in this State at the time the act was committed.
44               (4)      Is in good standing; has not been disciplined by the agency that had
45                        jurisdiction to issue the license, certification, or permit; and has no pending
46                        complaints.
47               (5)      Repealed by Session Laws 2017-28, s. 3, effective July 1, 2017, and applicable
48                        to applications submitted on or after that date.
49       (b1) No later than seven business days following receipt of an application from a military
50   spouse, an occupational licensing board or State agency licensing board, shall notify an applicant
51   when the applicant's training or experience does not satisfy the requirements for licensure,

     Page 2                                      Senate Bill 717                     S717-CSBH-33 [v.3]
     General Assembly Of North Carolina                                                      Session 2019
 1   certification, or registration and shall specify the criteria or requirements that the board
 2   determined that the applicant failed to meet and the basis for that determination. If an applicant
 3   who is a military spouse has a pending complaint under subdivision (4) of subsection (b) of this
 4   section, an occupational licensing board or State agency licensing board, shall notify the
 5   applicant no later than seven business days following the board receiving written notice of the
 6   disposition of the pending complaint.
 7       (c)      All relevant experience of a military service member in the discharge of official duties
 8   or, for a military spouse, all relevant experience, including full-time and part-time experience,
 9   regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years
10   of practice in an occupation as required under subsection (a) or (b) of this section.
11       (c1) Each occupational licensing board or State agency licensing board shall publish a on
12   its Web site all of the following:
13                (1)     A document that lists the specific criteria or requirements for licensure,
14                        registration, or certification by the board, with a description of the criteria or
15                        requirements that are satisfied by military training or experience as provided
16                        in this section, and any necessary documentation needed for obtaining the
17                        credit or satisfying the requirement. The information required by this
18                        subsection shall be published on the occupational licensing board's Web site
19                        and the Web site of the Department of Military and Veterans Affairs.
20                (2)     A document that includes a summary of the opportunities available to veterans
21                        and military spouses under this section.
22       (c2) The Secretary of the Department of Military and Veterans Affairs shall publish on the
23   Department's Web site the information required under subsection (c1) of this section.
24       (d)      A nonresident licensed, certified, or registered under this section shall be entitled to
25   the same rights and subject to the same obligations as required of a resident licensed, certified,
26   or registered by an occupational licensing board or State agency licensing board in this State.
27       (e)      Nothing in this section shall be construed to apply to the practice of law as regulated
28   under Chapter 84 of the General Statutes.
29       (f)      An occupational licensing board or State agency licensing board, shall issue a
30   temporary practice permit to a military-trained applicant or military spouse licensed, certified, or
31   registered in another jurisdiction while the military-trained applicant or military spouse is
32   satisfying the requirements for licensure under subsection (a) or (b) of this section if that
33   jurisdiction has licensure, certification, or registration standards substantially equivalent to the
34   standards for licensure, certification, or registration of an occupation occupational licensing
35   board or State agency licensing board in this State. The temporary permit shall remain valid for
36   the later of one year or the required renewal date for the occupation the temporary practice permit
37   was issued for or until a license, certification, or registration is granted by the occupational
38   licensing board.board or State agency licensing board.
39       (g)      An occupational licensing board or State agency licensing board may adopt rules
40   necessary to implement this section.
41       (h)      Nothing in this section shall be construed to prohibit a military-trained applicant or
42   military spouse from proceeding under the existing licensure, certification, or registration
43   requirements established by an occupational licensing board or State agency licensing board in
44   this State.
45       (i)      For the purposes of this section, the State Board of Education shall be considered an
46   occupational licensing board when issuing teacher licenses under Article 17E of Subchapter V
47   of Chapter 115C of the General Statutes. In addition to the provisions for licensure provided by
48   this section, a local board of education may request a three-year limited license for a military
49   spouse who holds a current teaching license in another jurisdiction pursuant to
50   G.S. 115C-270.20(a)(4a). The State Board of Education shall report the information specified in
51   G.S. 93B-2(a)(9c) and (9d) in accordance with G.S. 93B-2.

     S717-CSBH-33 [v.3]                          Senate Bill 717                                    Page 3
     General Assembly Of North Carolina                                                       Session 2019
 1       (j)     For the purposes of this section, the North Carolina Medical Board shall not be
 2   considered an occupational licensing board.board or State agency licensing board.
 3       (k)     An occupational licensing board or State agency licensing board shall not charge a
 4   military-trained applicant or a military spouse an initial application fee for a license, certification,
 5   registration, or temporary practice permit issued pursuant to this section. Nothing in this
 6   subsection shall be construed to prohibit an occupational licensing board or State agency
 7   licensing board from charging its ordinary fee for a renewal application or prohibit a third party
 8   from charging actual costs for a service such as a background check."
 9               SECTION 2.(a) G.S. 93B-2 reads as rewritten:
10   "§ 93B-2. Annual reports required; contents; open to inspection; sanction for failure to
11               report.
12       (a)     No later than October 31 of each year, each occupational licensing board shall file
13   electronically with the Secretary of State, the Attorney General, and the Joint Legislative
14   Administrative Procedure Oversight Committee an annual report containing all of the following
15   information:
16               …
17               (9c) The number of applicants with military training, the number granted a license,
18                       the number denied a license for any reason, and a summary of the reasons for
19                       denial. The information provided in accordance with this subdivision shall not
20                       disclose any identifying information of any applicant.
21               (9d) The number of applicants who are military spouses, the number granted a
22                       license, the number denied a license for any reason, and a summary of the
23                       reasons for denial. The information provided in accordance with this
24                       subdivision shall not disclose any identifying information of any applicant.
25               …
26       (b1) No later than October 31 of each year, each occupational licensing board or State
27   agency licensing board, shall file electronically with the Secretary of the Department of Military
28   and Veterans Affairs information collected pursuant to G.S. 93B-2(a)(9c) and (9d).
29       …
30       (e)     No later than October 31 of each year, each State agency licensing board shall file
31   electronically with the Secretary of State, the Attorney General, and the Joint Legislative
32   Administrative Procedure Oversight Committee an annual report containing all of the following
33   information:
34               …
35               (3)     The number of applicants with military training, the number granted a license,
36                       the number denied a license for any reason, and a summary of the reasons for
37                       denial. The information provided in accordance with this subdivision shall not
38                       disclose any identifying information of any applicant.
39               (4)     The number of applicants who are military spouses, the number granted a
40                       license, the number denied a license for any reason, and a summary of the
41                       reasons for denial. The information provided in accordance with this
42                       subdivision shall not disclose any identifying information of any applicant."
43               SECTION 2.(b) By October 31, 2021, each occupational licensing board shall
44   include the data specified in G.S. 93B-2(a)(9c) and (9d), as provided for in this act, for fiscal year
45   2019-2020 in the annual report to the Secretary of State, the Attorney General, and the Joint
46   Legislative Administrative Procedure Oversight Committee, as required by G.S. 93B-2(a). By
47   October 31, 2021, each State agency licensing board shall include the data specified in
48   G.S. 93B-2(e)(3) and (4), as provided for in this act, for fiscal year 2019-2020 in the annual report
49   to the Secretary of State, the Attorney General, and the Joint Legislative Administrative
50   Procedure Oversight Committee, as required by G.S. 93B-2(e).


     Page 4                                      Senate Bill 717                     S717-CSBH-33 [v.3]
    General Assembly Of North Carolina                                   Session 2019
1              SECTION 3. This act becomes effective December 1, 2020, and applies to
2   applications for licensure received on or after that date.




    S717-CSBH-33 [v.3]                   Senate Bill 717                       Page 5


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