HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MILITARY DEPENDENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Exempt dependents of military servicemembers from the residency requirement for government employment when the military servicemember's dependent is in Hawaii accompanying the military servicemember on valid military orders; and
(2) Provide a streamlined pathway for temporary professional licensure of a military spouse.
SECTION 2. Section 78-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) All persons seeking employment with the
government of the State or in the service of any county shall be citizens,
nationals, or permanent resident aliens of the United States, or eligible under
federal law for unrestricted employment in the United States, and shall become
residents of the State within thirty days after beginning their employment and as
a condition of eligibility for continued employment[
.], provided that
bona fide military servicemembers' dependents shall be exempt from the
requirement to become residents if the dependents are in the State by virtue of
the military servicemembers' orders.
For purposes of this subsection:
"Dependent", with respect to a servicemember, means the servicemember's spouse, the servicemember's child who is under the age of eighteen years, or an individual for whom the servicemember provided more than one-half of the individual's financial support for one hundred eighty days immediately preceding an application for an exemption under this section.
"Resident" means a person who is physically present in the State at the time the person claims to have established the person's domicile in the State and shows the person's intent is to make Hawaii the person's primary residence."
SECTION 3. Section 436B-14.7, Hawaii Revised Statutes, is amended to read as follows:
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 to the contrary, a person who is married to an active duty member of the armed forces of the United States shall be approved for temporary licensure if the person:
(1) 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 of the United States:
(A) As an acupuncturist, behavior analyst, dentist, dispensing optician, hearing aid dealer and fitter, marriage and family therapist, mental health counselor, certified nurse aide, licensed practical nurse, registered nurse, nursing home administrator, occupational therapist, optometrist, pharmacist, naturopathic physician, osteopathic physician, physician, physician assistant, podiatrist, psychologist, respiratory therapist, social worker, speech pathologist, audiologist, or veterinary technician; or
(B) Is in a profession or vocation not included in subparagraph (A) for which the licensing authority of this State has determined that the licensure requirements of the other jurisdiction are equivalent to or exceed those of this State;
(3) Has been licensed or certified by another jurisdiction of the United States for at least one year, and the license or certification is current, active, and in good standing 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; provided that if another jurisdiction has taken disciplinary action against the person, the licensing authority of this State shall determine if all terms and conditions of the discipline, if any, are satisfied and the matter resolved; provided further that if the terms and conditions of discipline have not been satisfied in that jurisdiction, the licensing authority may deny or refuse to issue a license applied for under this section until the terms and conditions of discipline are satisfied;
(8) Has not surrendered membership on any professional staff in any professional association, society, or faculty while under investigation or to avoid adverse action for acts or conduct that would constitute grounds for disciplinary action in this State;
(9) Pays all applicable fees;
(10) Does not have a disqualifying criminal history as determined by the licensing authority; and
(11) Submits with the application a signed affidavit stating that the application information, including evidence of requisite education, exam, and experience, prior employment, and criminal history record check, is true and accurate; provided that, 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 shall be subject to the laws regulating the person's practice in this State and shall be subject to the jurisdiction of the licensing authority of this State.
(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.
(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.
(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[ .]
or the period covered under the military member's orders of assignment in
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2022.
Military Dependents; Military Servicemembers; Government Employment; Temporary Professional License; Expedited Licensure Process
Exempts dependents of military servicemembers from state residency requirement for government employment if the military servicemember is in Hawaii on bona fide military orders. Allows a spouse of an active duty service member in the military who accompanies the service member 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. Effective 1/1/2022. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.