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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. SMITH, BRADFORD, READSHAW, BRENNAN, CALTAGIRONE, COHEN, D. COSTA, DALEY, EVERETT, GABLER, GEORGE, GODSHALL, GOODMAN, HALUSKA, HARPER, HELM, HESS, HORNAMAN, JAMES, KORTZ, KULA, MAHONEY, MANN, MARSHALL, MICOZZIE, MIRABITO, MURT, PARKER, PASHINSKI, ROEBUCK, SCHMOTZER, STABACK, TALLMAN, WATERS, WILLIAMS AND JOSEPHS, JULY 31, 2012 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 31, 2012 |
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| AN ACT |
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1 | Providing for portability of professional and occupational |
2 | licenses for military spouses. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Military |
7 | Spouse License Portability Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Licensing board." A professional or occupational licensing |
13 | board or commission of this Commonwealth, including, but not |
14 | limited to: |
15 | (1) State Architects Licensure Board. |
16 | (2) State Board of Accountancy. |
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1 | (3) State Board of Auctioneer Examiners. |
2 | (4) State Board of Barber Examiners. |
3 | (5) State Board of Certified Real Estate Appraisers. |
4 | (6) State Board of Chiropractic. |
5 | (7) State Board of Cosmetology. |
6 | (8) State Board of Crane Operators. |
7 | (9) State Board of Dentistry. |
8 | (10) State Board of Examiners of Nursing Home |
9 | Administrators. |
10 | (11) State Board of Funeral Directors. |
11 | (12) State Board of Landscape Architects. |
12 | (13) State Board of Massage Therapy. |
13 | (14) State Board of Medicine. |
14 | (15) State Board of Nursing. |
15 | (16) State Board of Occupational Therapy. |
16 | (17) State Board of Optometry. |
17 | (18) State Board of Osteopathic Medicine. |
18 | (19) State Board of Pharmacy. |
19 | (20) State Board of Physical Therapy. |
20 | (21) State Board of Podiatry. |
21 | (22) State Board of Psychology. |
22 | (23) State Board of Social Workers, Marriage and Family |
23 | Therapists and Professional Counselors. |
24 | (24) State Board of Speech-Language and Hearing |
25 | Examiners. |
26 | (25) State Board of Vehicle Manufacturers, Dealers and |
27 | Salespersons. |
28 | (26) State Board of Veterinary Medicine. |
29 | (27) State Commission for the Delaware River and its |
30 | Navigable Tributaries. |
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1 | (28) State Real Estate Commission. |
2 | (29) State Registration Board for Professional |
3 | Engineers, Land Surveyors and Geologists. |
4 | "Military spouse." A person who is married to a member of |
5 | the armed forces of the United States or a reserve component of |
6 | the armed forces of the United States under the laws of the |
7 | jurisdiction where the marriage took place. |
8 | Section 3. Requirements for license. |
9 | (a) General rule.--Notwithstanding any other law, a |
10 | licensing board shall issue a license to a military spouse to |
11 | allow the military spouse to practice the military spouse's |
12 | profession or occupation in this Commonwealth if, upon |
13 | application to the licensing board, the military spouse |
14 | satisfies all of the following conditions: |
15 | (1) Holds a current license, certificate, registration |
16 | or permit from another state, and that state's requirements |
17 | are substantially equivalent to or exceed the requirements |
18 | for a license in this Commonwealth. |
19 | (2) Demonstrates competency in the profession or |
20 | occupation through methods determined by the licensing board, |
21 | including having completed continuing education units or |
22 | having experience in the profession or occupation for at |
23 | least two of the five years preceding the date of the |
24 | application under this act. |
25 | (3) Has not committed any act in any state that would |
26 | have constituted grounds for refusal, suspension or |
27 | revocation of a license to practice that profession or |
28 | occupation in this Commonwealth at the time the act was |
29 | committed. |
30 | (4) Is in good standing and has not been disciplined by |
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1 | the jurisdiction that issued the license. |
2 | (5) Pays any fees required by the licensing board from |
3 | which the applicant is seeking a license. |
4 | (b) Rights and obligations.--A military spouse who is not a |
5 | resident of this Commonwealth and who is issued a license under |
6 | this act shall have the same rights and obligations as a |
7 | resident of this Commonwealth who is issued the same type of |
8 | license. |
9 | Section 4. Provisional license. |
10 | (a) General rule.--Notwithstanding any other law, a |
11 | licensing board may issue a provisional license to a military |
12 | spouse who is licensed, certified, registered or issued a permit |
13 | in another state while the military spouse is satisfying certain |
14 | requirements, as determined by the licensing board, for a |
15 | license in this Commonwealth under section 3. |
16 | (b) Limited period.--A military spouse may practice under a |
17 | provisional license issued under subsection (a) until any of the |
18 | following occurs: |
19 | (1) A license is granted or denied by the licensing |
20 | board under section 3. |
21 | (2) The provisional license expires. |
22 | (3) The holder of a provisional license fails to comply |
23 | with its terms. |
24 | Section 5. Alternative procedure for licensure. |
25 | This act shall not prohibit a military spouse from proceeding |
26 | under other licensure requirements established by a licensing |
27 | board. |
28 | Section 6. Rules and regulations. |
29 | A licensing board may adopt rules or regulations necessary to |
30 | implement this act. |
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1 | Section 7. Effective date. |
2 | This act shall take effect in 60 days. |
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