| Chapter 398 |
| 2023 -- H 5335 AS AMENDED Enacted 08/30/2023 |
| A N A C T |
| RELATING TO BUSINESSES AND PROFESSIONS -- MILITARY SPOUSE LICENSURE |
Introduced By: Representatives Place, Rea, Nardone, and Roberts |
| Date Introduced: February 03, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. The title of Chapter 5-88 of the General Laws entitled "Military Spouse |
| Licensure" is hereby amended to read as follows: |
| CHAPTER 5-88 |
| Military Spouse Licensure |
| CHAPTER 5-88 |
| MILITARY MEMBER AND SPOUSE LICENSE ISSUANCE |
| SECTION 2. Section 5-88-1 of the General Laws in Chapter 5-88 entitled "Military Spouse |
| Licensure" is hereby amended to read as follows: |
| 5-88-1. Military spouse licensure Issuance of professional service license. |
| (a) Except as provided in § 5-88-2, notwithstanding Notwithstanding any other law to the |
| contrary, each business/profession-related board shall establish a procedure to expedite the issuance |
| of issue a license, certification, or permit to perform professional services regulated by each such |
| board to a person: |
| (1) Who is certified or licensed in another state for at least one year to perform professional |
| services in a state other than Rhode Island; |
| (2) Who is a member of the armed forces of the United States, or whose Whose spouse is |
| a member of the armed forces of the United States; |
| (3) Who is subject to military orders for a change of station to a duty station in Rhode |
| Island, or in the process or whose Whose spouse is the subject of a military transfer to Rhode Island; |
| and |
| (4) In the situation of a military member's spouse, the spouse Who left employment to |
| accompany the person's spouse military member to Rhode Island. |
| (b) The procedure shall include: |
| (1) Issuing the person a digitally verifiable license, certificate, or permit that can also be |
| recognized by other states, 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 license, certificate, or permit that is |
| digitally verifiable and can be recognized by other states 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.; |
| (3) Establishing that the person is not subject to a disqualification pursuant to the provisions |
| of § 5-88-2. |
| SECTION 3. Chapter 5-88 of the General Laws entitled "Military Spouse Licensure" is |
| hereby amended by adding thereto the following sections: |
| 5-88-2. Disqualification for license issuance. |
| The provisions of § 5-88-1 shall not apply unless all the following apply: |
| (1) The board in the other state holds the person in good standing; |
| (2) The person does not have a disqualifying criminal record as determined by the board in |
| accordance with § 28-5.1-14; |
| (3) No board in any other state has revoked the person's occupational license, certificate, |
| or permit as a result of negligence or intentional misconduct; |
| (4) The person did not surrender an occupational license, certificate, or permit because of |
| negligence or intentional misconduct; |
| (5) The person does not have a complaint, allegation, or investigation currently pending |
| before a board in another state which relates to unprofessional conduct or an alleged crime; and |
| (6) The person pays all applicable fees in this state. |
| 5-88-3. Decision. |
| The board shall provide the person with a written decision regarding the application for an |
| occupational license, certificate, or permit pursuant to the provisions of § 5-88-1 within sixty (60) |
| days after receiving an application. |
| 5-88-4. Appeal. |
| An appeal of an adverse determination or denial of a license, certificate, or permit |
| application under the terms of this chapter shall be pursuant to the provisions of chapter 35 of title |
| 42, the "administrative procedures act". |
| 5-88-5. Limitations. |
| (a) An occupational license, certificate, or permit issued pursuant to this chapter is valid |
| only in this state. It shall not make the person eligible to work in another state under an interstate |
| compact or reciprocity agreement unless otherwise provided in law. |
| (b) Nothing in this chapter shall be construed to prevent this state from entering into a |
| licensing compact or reciprocity agreement with another state, foreign province, or foreign country. |
| (c) Nothing in this chapter shall be construed to prevent this state from recognizing |
| occupational credentials issued by a private certification organization, foreign province, foreign |
| country, international organization, or other entity. |
| (d) Nothing in this chapter shall be construed to require a private certification organization |
| to grant or deny private certification to any individual. |
| 5-88-6. Military education, training and experience. |
| Notwithstanding any other law, each business/profession-related board shall, in reviewing |
| an application under § 5-88-1 for a license, certification, or permit to perform professional services |
| regulated by each such board, determine whether, the education, training, or experience |
| requirements for an occupational license, certificate or permit issued pursuant to this chapter are |
| completely or partially satisfied, as determined by the regulating occupational licensing board, on |
| presentation of satisfactory evidence that the applicant received substantially equivalent education, |
| training or experience as a member of the United States armed forces or any national guard or other |
| reserve component or, in the case of a military spouse, on presentation of satisfactory evidence that |
| the applicant received substantially equivalent education, training or experience in obtaining |
| licensure in another state. |
| 5-88-7. Public notice. |
| An occupational licensing board shall prominently print the following on all license, |
| certificate, or permit applications, and any communication denying a license, certificate, or permit, |
| and on the board's website: "Pursuant to § 5-88-1 et seq., upon application, this state may recognize |
| occupational licenses, certificates, or permits obtained from other states for military members and |
| their spouses who relocate to this state pursuant to military orders." |
| 5-88-8. Preemption. |
| This chapter preempts rules, regulations and ordinances of any city, town, municipality, |
| and other subdivisions of the state which regulate occupational licenses, certificates or permits. |
| SECTION 4. This act shall take effect upon passage. |
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| LC001098 |
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