2019 -- H 5673

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LC001834

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - SERVICE MEMBER LICENSURE

     Introduced By: Representatives Jacquard, and Chippendale

     Date Introduced: February 27, 2019

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 5-87 of the General Laws entitled "Service Member

Licensure" is hereby amended to read as follows:

CHAPTER 5-87

Service Member Licensure

CHAPTER 5-87

SERVICE MEMBER - OUT OF STATE APPLICANT - LICENSURE

     SECTION 2. Section 5-87-1 of the General Laws in Chapter 5-87 entitled "Service

Member Licensure" is hereby amended to read as follows:

     5-87-1. Service member licensure. Service member - Out of state applicant -

Licensure.

     (a) The director and each member of the examining and licensing boards shall, upon

presentation of satisfactory evidence by an applicant for certification or licensure, accept

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 Naval Militia of any state toward the qualifications to receive the license or certification.

The director and each appropriate examining and licensing board shall promulgate rules to

implement this section.

     (b) Each business/profession related board shall establish a procedure to expedite the

issuance of a license, certification or permit to perform professional services regulated by each

such board to a person who is certified or licensed in another state to perform professional

services in a state other than Rhode Island. The procedure shall include:

     (1) Issuing the person a license, certificate or permit, if, in the opinion of the board, the

requirements for certification or licensure of such other state are substantially equivalent to that

required in this state; or

     (2) Developing a method to authorize the person to perform professional services

regulated by the board in this state by issuing the person a temporary permit for a limited period

of time to allow the person to perform professional services while completing any specific

requirements that may be required in this state that were not required in the state in which the

person was licensed or certified.

     (c) The director and each member of the examining and licensing board shall, upon

presentation of satisfactory evidence by an applicant for certification or licensure, accept

education, training, or service completed by an applicant who has relocated to the state of Rhode

Island, towards the qualifications to receive a license or certification under this title. In

determining whether the applicant has presented satisfactory evidence as required by this

subsection, the director may consider whether:

     (1) The applicant is currently licensed or certified in at least one other state in the

discipline applied for and at the same practice level as determined by the regulating entity and the

license or certification is in good standing in all states in which the person holds a license or

certification.

     (2) The applicant has been licensed or certified by another state for at least one year. If

the person has been licensed or certified for fewer than five (5) years, the regulating entity may

require the person to practice under the direct supervision of a licensee or certificate holder in the

practice area in this state.

     (3) When the applicant was licensed or certified by another state there were minimum

education requirements and, if applicable, work experience and clinical supervision requirements

in effect and the other state verifies that the person met those requirements in order to be licensed

or certified in that state.

     (4) The applicant previously passed an examination required for the license or

certification.

     (5) The applicant has not had a license or certificate revoked and has not voluntarily

surrendered a license or certificate in any other state or country while under investigation for

unprofessional conduct.

     (6) The applicant has not had discipline imposed by any other regulating entity. If another

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jurisdiction has taken disciplinary action against the person, the regulating entity 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 regulating entity may not issue or deny a license until the matter

is resolved.

     (7) The applicant does not have a complaint, allegation or investigation pending before

another regulating entity in another state or country that relates to unprofessional conduct. If an

applicant has any complaints, allegations or investigations pending, the regulating entity in this

state shall suspend the application process and may not issue or deny a license to the applicant

until the complaint, allegation or investigation is resolved.

     (8) The applicant pays all applicable fees.

     (9) The applicant actually relocated to Rhode Island.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - SERVICE MEMBER LICENSURE

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     This act would provide for service member business license reciprocity for applicant's

who have recently established residence in Rhode Island.

     This act would take effect upon passage.

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LC001834

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