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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