HOUSE OF REPRESENTATIVES

H.B. NO.

1381

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

     SECTION 1.  Section 436B-14.7, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "[[]§436B-14.7[]]  Licensure by endorsement or licensure by reciprocity; initial acceptance by affidavit; temporary license.  (a)  If a nonresident military spouse holds a current license in another state, district, or territory of the United States with licensure requirements that the licensing authority determines are equivalent to or exceed those established by the licensing authority of this State, that nonresident military spouse shall receive a license pursuant to applicable statutes or requirements of the licensing authority of this State regarding licensure by endorsement or licensure by reciprocity; provided that the nonresident military spouse:

     (1)  Has not committed an act in any jurisdiction that would have constituted grounds for the limitation, suspension, or revocation of a license; has never been censured or had other disciplinary action taken; has not had an application for licensure denied; or has not refused to practice a profession or vocation for which the nonresident military spouse seeks licensure;

     (2)  Has not been disciplined by a licensing or credentialing entity in another jurisdiction; is not the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing or credentialing entity in another jurisdiction; and has not surrendered membership on any professional staff in any professional association, society, or faculty for another state or licensing jurisdiction while under investigation or to avoid adverse action for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action in this State;

     (3)  Pays any fees required by the licensing authority of this State; [and]

     (4)  Submits with the application a signed affidavit stating that application information, including necessary prior employment history, is true and accurate.  Upon receiving the affidavit, the licensing authority shall issue the license to the nonresident military spouse and may revoke the license at any time if the information provided in the application is found to be false[.]; and

     (5)  Is the spouse of a military member who is a member in good standing in the active or a reserve component of any of the armed forces of the United States and has orders issued by the United States Department of Defense to be stationed in Hawaii for a duration of at least one year."

PART II

     SECTION 2.  Act 248, Session Laws of Hawaii 2012, is amended by amending section 1 to read as follows:

     "SECTION 1.  Chapter 436B, Hawaii Revised Statutes, is amended by adding a new section to read as follows:

     "§436B-    Licensure; acceptance of military education, training, or service.  Notwithstanding any law to the contrary, every licensing authority subject to this chapter, upon presentation of satisfactory evidence by an applicant, shall consider relevant education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the national guard of any state, the military reserves of any state, or the navy militia of any state as part of the evaluation process toward the qualification requirements to receive the license.  Evidence presented for consideration for fulfillment or partial fulfillment of licensing requirements shall demonstrate substantial equivalency to state standards.  If a licensing authority subject to this chapter considers the relevant education, training, or service of an applicant pursuant to this section and determines the applicant meets or exceeds the requirements for licensure in this State, then the licensing authority shall accept the results of the passage of a national or regional exam accepted by statute or rule in the specific licensing area or the equivalent as determined by the licensing authority.  A certificate or evidence satisfactory to the licensing authority of having passed a national or regional exam or the equivalent shall be provided to the licensing authority.""

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2013.



 

Report Title:

Licensure; Veterans; Nonresident Military Spouses; Endorsement; Reciprocity; Military Education, Training, or Service

 

Description:

Limits licensure by endorsement or reciprocity for nonresident military spouses to those spouses who are present in the State for at least one year pursuant to military orders.  Clarifies that licensing authorities that consider relevant education, training, or service of a military veteran applicant and determine the applicant meets or exceeds the requirements for licensure in Hawaii shall accept the results of the passage of a national or regional exam accepted by statute or rule in the specific licensing area or the equivalent as determined by the licensing authority.  Requires a certificate or evidence satisfactory to the licensing authority of having passed a national or regional exam or the equivalent to be provided to the licensing authority.  (SD2)

 

 

 

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