New Jersey-2020-S279-Introduced

An Act concerning licensure and certification of military spouses, amending various parts of statutory law, and supplementing P.L.2013, c.68.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2013, c.68 (C.18A:26-2.14) is amended to read as follows:

1. a. As used in this section, "nonresident military spouse" means a person (1) whose spouse is an active duty member of the Armed Forces of the United States who is the subject of a military transfer to New Jersey, and (2) who has left employment in another state to accompany such spouse to New Jersey.

b. Notwithstanding any other provision of law to the contrary, the State Board of Education shall establish a procedure for the issuance of a temporary instructional certificate to a nonresident military spouse that authorizes a board of education to employ the nonresident military spouse as a teacher if, at the time of application, the nonresident military spouse:

(1) Holds a valid and current license or certificate to teach issued by another state for which there is an equivalent and currently-issued New Jersey grade level or subject endorsement;

(2) Demonstrates competency in teaching in a manner determined by the State Board of Examiners, such as having taught successfully under the out-of-State license or certificate for at least three years, as documented by a letter of experience from a past supervisor or authorized district representative; having met the New Jersey grade point average requirement for an instructional certificate under State Board of Education regulations; or having completed continuing education units; and

(3) Pays [any applicable fees] a criminal history record check fee if required by the State Board of Examiners.

c. A temporary instructional certificate issued under this section shall be valid for [180] 365 days and [may] shall be extended at the discretion of the State Board of Examiners for another [180 days] four years on application of the holder of the temporary instructional certificate provided that the holder demonstrates progress towards obtaining a New Jersey standard instructional certificate in a time and manner as determined by the board. The temporary instructional certificate shall authorize the nonresident military spouse to be employed as a teacher by a board of education on a temporary basis while completing any specific additional requirements for an instructional certificate in New Jersey that were not required in the other state in which the nonresident military spouse holds a license or certificate to teach.

d. Nothing in this section shall be construed to prohibit a nonresident military spouse from obtaining a New Jersey certificate of eligibility, certificate of eligibility with advanced standing, or standard certificate under State Board of Education regulations, including the regulation for interstate reciprocity.

e. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section.

(cf: P.L.2013, c.68, s.1)

2. (New section) The Department of Education shall establish procedures to expedite the processing of an application submitted by a nonresident military spouse, as defined in subsection a. of section 1 of P.L.2013, c.68 (C.18A:26-2.14), for a New Jersey standard instructional certificate. Nothing in this section shall be construed to authorize the issuance of a standard instructional certificate to a nonresident military spouse who has not met the applicable State requirements for the certificate.

3. Section 1 of P.L.2013, c.264 (C.45:1-15.5) is amended to read as follows:

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 person who is not domiciled in 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 law, rule or regulation to the contrary, each board shall issue, upon application, a license to a nonresident military spouse who meets the requirements of this section, so that the nonresident military spouse may practice lawfully the person's profession or occupation. At the discretion of the board, a nonresident military spouse shall receive a license under this subsection:

(1) pursuant to any law, rule, or regulation providing for licensure by endorsement or reciprocity in the profession or occupation regulated by the board; or

(2) pursuant to an application for a temporary courtesy license pursuant to subsection d. of this section.

c. 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 d. of this section when applicable.

d. A nonresident military spouse who applies for a temporary courtesy license pursuant to paragraph (2) of 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.) if such check is required to practice the occupation or practice regulated by that board;

(6) [pays any fee the board reasonably requires for the issuance of the temporary courtesy license] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill);

(7) has satisfied any continuing education requirements in the jurisdiction where that person holds a current license to practice the profession or occupation, and, at the discretion of the board, completes such continuing education hours or credits as may be required by the board within the time frame the board may establish;

(8) at the discretion of the board and if applicable, successfully completes a New Jersey jurisprudence examination required of resident applicants or any other examination specifically predicated on New Jersey law required for practice in the profession or occupation; and

(9) complies with any other requirements the board may reasonably determine are necessary to effectuate the purposes of this section.

e. A nonresident military spouse who holds a temporary license pursuant to paragraph (2) of subsection b. of this section shall be entitled to the same rights and be subject to the same obligations as provided by the respective board for New Jersey residents, except that revocation or suspension of a nonresident military spouse's license in the nonresident military spouse's state of residence or any jurisdiction in which the nonresident military spouse held licensure shall automatically cause the same revocation or suspension of the person's temporary courtesy license in New Jersey if that revocation or suspension was on the basis of a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.

f. A board may require a nonresident military spouse who has not been engaged in the active practice of the profession or occupation in another jurisdiction during the two years immediately preceding the application to undergo additional training, testing, mentoring, monitoring or education should the board deem it necessary.

g. A temporary courtesy license issued pursuant to this section shall be valid for a period of one year and [may] shall be extended [at the discretion of the board for an additional one year] indefinitely provided the applicant's spouse is stationed in this State upon application of the holder of the temporary courtesy license.

h. 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.).

i. Each board shall establish an expedited licensing process for the issuance of temporary courtesy licenses to nonresident military spouses pursuant to this section.

(cf: P.L.2013, c.264, s.1)

4. Section 1 of P.L.2012, c.76 (C.45:11-26.2) is amended to read as follows:

1. a. As used in this section:

"Another jurisdiction" means a state or territory of the United States other than New Jersey, or the District of Columbia.

"Board" means the New Jersey Board of Nursing.

"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 or regulation to the contrary, the board shall establish criteria for the issuance of a temporary courtesy license to practice nursing to a nonresident military spouse so that the nonresident military spouse may lawfully practice nursing 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 such a license if that person:

(1) holds a current license to practice nursing in another jurisdiction [that the board determines has licensure requirements to practice nursing that are equivalent to those adopted by the board];

(2) was engaged in the active practice of nursing 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 nursing in this State;

(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 such fee as the board reasonably requires for the issuance of the temporary courtesy license] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill); and

(7) complies with such other requirements as the board may reasonably determine 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] shall be extended [at the discretion of the board for an additional year] indefinitely provided the applicant's spouse is stationed in this State upon application of the holder of the temporary courtesy license.

e. The 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, the board may adopt, immediately upon filing with the Office of Administrative Law, such regulations as 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.).

f. The board shall establish an expedited licensing process for the issuance of temporary courtesy licenses to nonresident military spouses pursuant to this section.

(cf: P.L.2012, c.76, s.1)

5. Sections 1 and 2 of this act shall take effect immediately. Sections 3 and 4 shall take effect on the first day of the third month next following the date of enactment, except that the New Jersey Nursing Board and a professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15) may take any anticipatory administrative action in advance of that date as shall be necessary for the implementation of this act.

STATEMENT

This bill revises the requirements and process for the issuance of temporary courtesy licenses and certificates to nonresident military spouses.

Current law, P.L.2013, c.68 (C.18A:26-2.14), provides a process for an individual who is licensed to teach in another state and is married to an active duty member of the military, who has been transferred to New Jersey, to obtain a temporary instructional certificate to be employed as a teacher in New Jersey on a temporary basis while completing any additional requirements for a New Jersey instructional certificate. The temporary instructional certificate is valid for 180 days and may be extended by the State Board of Examiners for another 180 days. This bill amends current law to provide that the temporary instructional certificate will be valid for 365 days and will be extended by the State board for another four years if the holder demonstrates progress towards obtaining a standard instructional certificate in a time and manner as determined by the board. The bill also provides that the applicant need only pay a criminal history record check fee.

The bill supplements existing law to require the Department of Education to establish procedures to expedite the processing of an application submitted by a nonresident military spouse for a New Jersey instructional certificate.

Also under current law, the New Jersey Board of Nursing may grant a temporary courtesy license to a nonresident military spouse only if the applicant holds a current license to practice nursing in another jurisdiction which the board determines has licensure requirements to practice nursing that are equivalent to those adopted by the board. This bill removes the provision that the board is required to determine whether the out-of-State license held by the applicant has requirements equivalent to those adopted by the board. The bill also clarifies that the board may only charge fees related to conducting a criminal history record check. Additionally, the bill requires the board to establish an expedited licensing process for the issuance of temporary courtesy licenses to nonresident military spouses.

This bill clarifies that a professional or occupational board may only charge fees related to conducting a criminal history record check to nonresident military spouses. The bill would also require each board to extend indefinitely temporary courtesy licenses to nonresident military spouses so long as the applicant's spouse is stationed in New Jersey. Additionally, the bill requires each board to establish an expedited licensing process for the issuance of temporary courtesy licenses to nonresident military spouses.