Bill Text: NJ A3427 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides for temporary professional or occupational licensure for qualified nonresident military spouses.
Spectrum: Slight Partisan Bill (Democrat 16-6)
Status: (Passed) 2014-01-17 - Approved P.L.2013, c.264. [A3427 Detail]
Download: New_Jersey-2012-A3427-Introduced.html
Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Provides for temporary professional or occupational licensure for qualified nonresident military spouses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning professional or occupational licensure for certain military spouses and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Another jurisdiction" means the District of Columbia, a territory of the United States, or a state other than New Jersey.
"Board" means a professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15) that issues a professional or occupational license, certificate of registration, or certification.
"Nonresident military spouse" means a nonresident of this State who is the spouse of an active duty member of the Armed Forces of the United States who has been transferred to this State in the course of the member's service, is legally domiciled in this State, or has moved to this State on a permanent change-of-station basis.
b. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, each board shall establish criteria for the issuance of a temporary courtesy license to a nonresident military spouse so that the nonresident military spouse may lawfully practice the profession or occupation regulated by that board in this State on a temporary basis, subject to the requirements of subsection c. of this section.
c. A nonresident military spouse who applies for a temporary courtesy license pursuant to subsection b. of this section shall be entitled to receive that license if that person:
(1) holds a current license to practice the profession or occupation in another jurisdiction that the board determines has licensure requirements to practice the profession or occupation that are equivalent to those adopted by the board;
(2) was engaged in the active practice of the profession or occupation in another jurisdiction for at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the federal government shall be credited in the counting of years of service;
(3) has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a license to practice the profession or occupation in this State;
(4) has not been disciplined, and is not the subject of an investigation of an unresolved complaint, or a review procedure or disciplinary proceeding, which was conducted by, or is pending before, a professional or occupational licensing or credentialing entity in another jurisdiction;
(5) pays for, and authorizes the board to conduct, a criminal history record background check of that person pursuant to P.L.2002, c.104 (C.45:1-28 et seq.);
(6) pays any fee the board reasonably requires for the issuance of the temporary courtesy license; and
(7) complies with any other requirements the board may reasonably determine are necessary to effectuate the purposes of this section.
d. A temporary courtesy license issued pursuant to this section shall be valid for a period of one year and may be extended at the discretion of the board for an additional one year upon application of the holder of the temporary courtesy license.
e. Each board shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of this section, except that, notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, each board may adopt, immediately upon filing with the Office of Administrative Law, regulations the board deems necessary to implement the provisions of this section, which shall be effective for a period not to exceed six months and may thereafter be amended, adopted, or re-adopted by the board in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill provides for temporary professional or occupational licensure for qualified nonresident military spouses in New Jersey.
The bill defines "nonresident military spouse" to mean a nonresident of this State who is the spouse of an active duty member of the Armed Forces of the United States who has been transferred to this State in the course of the member's service, is legally domiciled in this State, or has moved to this State on a permanent change-of-station basis.
The bill directs the several professional and occupational licensing boards in the Division of Consumer Affairs to establish criteria for the issuance of a temporary courtesy license to a nonresident military spouse so that the nonresident military spouse may lawfully practice the profession or occupation regulated by that board on a temporary basis, subject to the requirements of the bill.
A nonresident military spouse who applies for a temporary courtesy license pursuant to the bill is entitled to receive that license if that person:
· holds a current license to practice the profession or occupation in another jurisdiction (the District of Columbia, a territory of the United States, or a state other than New Jersey) that the board determines has licensure requirements that are equivalent to those adopted by the board;
· was engaged in the active practice of the profession or occupation in another jurisdiction for at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the federal government is to be credited in the counting of years of service;
· has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a license to practice the profession or occupation in this State;
· has not been disciplined, and is not the subject of an investigation of an unresolved complaint, or a review procedure or disciplinary proceeding, which was conducted by, or is pending before, a professional or occupational licensing or credentialing entity in another jurisdiction;
· pays for, and authorizes the board to conduct, a criminal history record background check of that person;
· pays any fee the board reasonably requires for the issuance of the temporary courtesy license; and
· complies with any other requirements that the board may reasonably determine are necessary to effectuate the purposes of the bill.
A temporary courtesy license issued pursuant to the bill is to be valid for a period of one year and may be extended at the discretion of the board for an additional one year upon application of the holder of the temporary courtesy license.
The bill provides each board with expedited rulemaking authority in order to implement its provisions as soon as practicable.
This bill is consistent with legislative efforts being made in other states across the nation to make it easier for qualified military spouses to maintain their professional or occupational licenses and pursue employment options as they move from one jurisdiction to another across the United States. Temporary licensure can help military spouses to bridge the gap from the time when they move into the State and the time when they can attain full licensure, which can be a time consuming process.
