HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PROFESSIONAL AND VOCATIONAL LICENSURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 436B-14.7, Hawaii Revised Statutes, is amended to read as follows:
"§436B-14.7 Licensure by endorsement or licensure by reciprocity; initial acceptance by affidavit; temporary license; military spouse. (a) If a 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 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 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 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;
(4) Submits with the
application, a copy of a current license from another state, district, or
territory of the United States, proof of marriage or partnership, proof of the
spouse's military status, and a signed affidavit stating that application
information, including necessary prior employment history, is true and accurate[
and that the applicant will submit any other required verifying documentation
within ninety days of the application. Upon receiving the affidavit, if the licensing
authority issues the license to the military spouse, the licensing authority 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 the military member has orders issued by the appropriate agencies of the armed forces to be stationed in Hawaii for a duration of at least one year.
The licensing authority shall issue to the military spouse a temporary
license to allow the military spouse to perform specified services[
the supervision of a professional licensed by this State if appropriate],
excluding construction contracting services, while completing any
requirements necessary for licensure in this State[ ; provided that a
temporary license shall only be issued in those professions where credentials,
experience, or passage of a national exam is substantially equivalent to or
exceed those established by the licensing authority of this State].
The licensing authority shall expedite consideration of the application
and issuance of a license by endorsement, license by reciprocity, or temporary
license to a military spouse who meets the requirements of this section[
within days of
the receipt of the application, proof of marriage or partnership, proof of the
military spouse's active duty status, and the affidavit as specified in
subsection (a)(4); provided that review or issuance of a license shall commence
only upon receipt by the licensing authority of all of the verifying
documentation specified in subsection (a)(4).
(d) A license by endorsement or reciprocity issued under subsection (a) shall be valid for the same period of time as a license issued pursuant to the requirements of title 25 for the particular profession; provided that the total time period that a military spouse holds a license issued by endorsement or reciprocity under subsection (a) shall not exceed five years in the aggregate.
(e) The issuance of a license or temporary license under this section shall not apply to licensure for the performance of construction contracting services.
(f) Each licensing board shall adopt rules necessary to administer this section and shall publish these rules on its website and application materials by August 1, 2020."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
Professional and Vocational Licensure; Temporary Licensure by Endorsement; Military Spouses
Specifies the documentation needed for a military spouse to receive a temporary licensure by endorsement. Requires issuance of the license within an unspecified number of days of the application and supporting documents. Excludes construction contracting services form the performance of services permitted under any license or temporary license issues to a military spouse. Requires each licensing board to adopt and publish rules by 8/1/2020 to administer the provisions. Takes effect on 1/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.