THE SENATE

S.B. NO.

2890

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LICENSING.

 

 

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 signed affidavit stating that application information, including necessary prior employment history, is true and accurate. 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.]

Notwithstanding any other law, a person who is married to an active duty member of the armed forces of the United States shall be approved for licensure if the person:

(1) Is married to an active duty member of the armed forces in the United States and is accompanying the member to an official permanent change of station to a military installation located in this State;

(2) Either holds a license in another jurisdiction as:

(A) An accountant, an acupuncturist, an architect, an athlete agent, an athletic trainer, a behavior analyst, a dentist, a dispensing optician, an engineer, a hearing aid dealer and fitter, a marriage and family therapist, a certified nurse aide, a licensed practical nurse, a registered nurse, a nursing home administrator, an occupational therapist, an optometrist, a pharmacist, a naturopathic physician, an osteopathic physician, a physician, a physician assistant, a podiatrist, a psychologist, a real estate appraiser, a respiratory therapist, a social worker, a speech pathologist, an audiologist, or a veterinary technician; or

(B) The licensing authority for the disciplines not included in subparagraph (A) has determined that the licensure requirements of the other jurisdiction are equivalent to or exceed those established by the licensing authority of this State;

(3) Has been licensed or certified by another jurisdiction for at least one year, and the license or certification is in good standing and without conditions or restrictions in all jurisdictions in which the person holds a license or certification;

(4) Has met minimum education requirements and applicable work experience and clinical supervision requirements when licensed or certified by another jurisdiction, and the other jurisdiction verifies that the person met those requirements to become licensed or certified in that jurisdiction;

(5) Has passed the examination requirements for the license or certification, if required by the licensing authority of this State or another jurisdiction;

(6) Has not had a license or certificate limited, suspended, or revoked and has not voluntarily surrendered a license or certificate in another jurisdiction while under investigation for licensing violations;

(7) Has not had an application for licensure denied, been censured, or had discipline imposed by another licensing authority. If another jurisdiction has taken disciplinary action against the person, the licensing authority of this State shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the licensing authority may not issue or deny a license applied for under this section until the matter is resolved;

(8) Does not have a complaint, allegation, or investigation pending before the licensing authority of another jurisdiction that relates to alleged conduct that, if substantiated, would be a licensing violation in this State. If an applicant has any complaints, allegations, or investigations pending, the licensing authority of this State shall suspend the application process and may not issue or deny a license applied for under this section until the complaint, allegation, or investigation is resolved;

(9) Has not surrendered membership on any professional staff in any professional association, society, or faculty for another jurisdiction while under investigation or to avoid adverse action for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action in this State;

(10) Pays all applicable fees;

(11) Does not have a disqualifying criminal history as determined by the licensing authority; and

(12) Submits with the application a signed affidavit stating that the application information, including necessary prior employment history, is true and accurate. Upon receiving the affidavit, if the licensing authority issues the license to the person, the licensing authority may revoke the license at any time if the information provided in the application is found to be false or if the person fails to maintain the conditions of initial licensure.

(b) A person who is licensed pursuant to this section is subject to the laws regulating the person's practice in this State and is subject to the jurisdiction of the licensing authority of this State.

[(b)] (c) The licensing authority shall issue to the [military spouse] person a temporary license to allow the [military spouse] person to perform specified services, under the supervision of a professional licensed by this State if appropriate, 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.

[(c)] (d) 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] person who meets the requirements of this section.

[(d)] (e) 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] the person holds a license issued [by endorsement or reciprocity] under subsection (a) shall not exceed five years in the aggregate."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Military Licensure; Chapter 436B

 

Description:

Allows a person who: is married to an active duty member in the military; accompanies his or her spouse on a permanent change of station to Hawaii; and holds a current, unencumbered license in another jurisdiction in specific professions to apply for licensure on an expedited basis in the State of Hawaii.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.