Bill Text: HI HB782 | 2022 | Regular Session | Amended
Bill Title: Relating To Licensing.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB782 Detail]
Download: Hawaii-2022-HB782-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
782 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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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 National Guard, military reserves, and armed
forces of the United States shall be approved for 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 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[.] or
the period covered under the member's military orders of assignment in the State
of Hawaii."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3050.
Report Title:
Military Licensure; Chapter 436B
Description:
Allows a person who: is married to an active duty member in the National Guard, military reserves, or armed forces; 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. Effective 7/1/3050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
