Regular Session 2019-2020 Senate Bill 0356 P.N. 0864

PRIOR PRINTER'S NO. 479

PRINTER'S NO. 864

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

356

Session of

2019

INTRODUCED BY BOSCOLA, COSTA, FONTANA, ARGALL, BREWSTER,

COLLETT, HAYWOOD, TARTAGLIONE, AUMENT, BAKER, GORDNER,

HUTCHINSON, MARTIN, SCAVELLO, J. WARD AND K. WARD,

MARCH 25, 2019

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL

LICENSURE, AS AMENDED, JUNE 4, 2019

AN ACT

Providing for portability of professional and occupational

licenses for military spouses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Military

Spouse License Portability Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Licensing board OR COMMISSION." A professional or

occupational licensing board or commission of this Commonwealth,

including:

(1) Navigation Commission for the Delaware River and its

Navigable Tributaries.

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(2) State Architects Licensure Board.

(3) State Board of Accountancy.

(4) State Board of Auctioneer Examiners.

(5) State Board of Barber Examiners.

(6) State Board of Certified Real Estate Appraisers.

(7) State Board of Chiropractic.

(8) State Board of Cosmetology.

(9) State Board of Crane Operators.

(10) State Board of Dentistry.

(11) State Board of Examiners of Nursing Home

Administrators.

(12) State Board of Funeral Directors.

(13) State Board of Landscape Architects.

(14) State Board of Massage Therapy.

(15) State Board of Medicine.

(16) State Board of Nursing.

(17) State Board of Occupational Therapy Education and

Licensure.

(18) State Board of Optometry.

(19) State Board of Osteopathic Medicine.

(20) State Board of Pharmacy.

(21) State Board of Physical Therapy.

(22) State Board of Podiatry.

(23) State Board of Psychology.

(24) State Board of Social Workers, Marriage and Family

Therapists and Professional Counselors.

(25) State Board of Examiners in Speech-Language

Pathology and Audiology.

(26) State Board of Vehicle Manufacturers, Dealers and

Salespersons.

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(27) State Board of Veterinary Medicine.

(28) State Real Estate Commission.

(29) State Registration Board for Professional

Engineers, Land Surveyors and Geologists.

"Military spouse." A person who is married to a member of

the armed forces of the United States or a reserve component of

the armed forces of the United States under the laws of the

jurisdiction where the marriage took place.

Section 3. Requirements for license.

(a) General rule.--Notwithstanding any other law, a

licensing board OR COMMISSION shall issue a license,

CERTIFICATE, REGISTRATION OR PERMIT to a military spouse to

allow the military spouse to practice the military spouse's

profession or occupation in this Commonwealth if, upon

application to the licensing board OR COMMISSION, the military

spouse satisfies all of the following conditions:

(1) Holds a current license, certificate, registration

or permit from another state, and that state's requirements

are substantially equivalent to or exceed the requirements

for a license in this Commonwealth.

(2) Demonstrates competency in the profession or

occupation through methods determined by the licensing board

OR COMMISSION, including having completed continuing

education units or having experience in the profession or

occupation for at least two of the five years preceding the

date of the application under this act.

(3) Has not committed any act in any state that would

have constituted CONSTITUTES grounds for refusal, suspension

or revocation of a license, CERTIFICATE, REGISTRATION OR

PERMIT to practice that profession or occupation in this

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Commonwealth at the time the act was committed. UNLESS THE

LICENSING BOARD OR COMMISSION DETERMINES, IN ITS DISCRETION,

THAT THE ACT SHOULD NOT BE AN IMPEDIMENT TO GRANTING OF A

LICENSE, CERTIFICATE, REGISTRATION OR PERMIT TO PRACTICE IN

THIS COMMONWEALTH.

(4) Is in good standing and has not been disciplined by

the jurisdiction that issued the license, CERTIFICATE,

REGISTRATION OR PERMIT.

(5) Pays any fees required by the licensing board from

which the applicant is seeking a license OR COMMISSION

IMPOSED BY REGULATION.

(b) Rights and obligations.--A military spouse who is not a

resident of this Commonwealth and who is issued a license,

CERTIFICATE, REGISTRATION OR PERMIT under this act shall have

the same rights and obligations as a resident of this

Commonwealth who is issued the same type of license,

CERTIFICATE, REGISTRATION OR PERMIT.

Section 4. Provisional license.

(a) General rule.--Notwithstanding any other law, a

licensing board OR COMMISSION may issue a provisional license,

CERTIFICATE, REGISTRATION OR PERMIT to a military spouse who is

licensed, certified, registered or issued a permit in another

state while the military spouse is satisfying certain

requirements, as determined by the licensing board OR

COMMISSION, for a license, CERTIFICATE, REGISTRATION OR PERMIT

in this Commonwealth under section 3.

(b) Limited period.--A military spouse may practice under a

provisional license issued under subsection (a) until any of the

following occurs:

(1) A license, CERTIFICATE, REGISTRATION OR PERMIT is

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granted or denied by the licensing board OR COMMISSION under

section 3.

(2) The provisional license expires.

(3) The holder of a provisional license fails to comply

with its terms.

Section 5. Alternative procedure for licensure.

This act may not prohibit a military spouse from proceeding

under other licensure, CERTIFICATE, REGISTRATION OR PERMIT

requirements established by a licensing board. OR COMMISSION.

NOTHING IN THIS ACT IS INTENDED TO SUPERSEDE OR REPLACE EXISTING

STATUTORY PROVISIONS RELATING TO LICENSURE BY ENDORSEMENT OR

LICENSURE BY RECIPROCITY APPLICABLE TO LICENSING BOARDS AND

COMMISSIONS THROUGH THEIR RESPECTIVE ENABLING STATUTES.

Section 6. Rules and regulations.

A licensing board may adopt rules or regulations necessary to

implement this act. FINAL REGULATIONS SHALL BE PROMULGATED BY

EACH LICENSING BOARD OR COMMISSION WITHIN 18 MONTHS OF THE

EFFECTIVE DATE OF THIS ACT.

Section 7. Effective date.

This act shall take effect in 60 days.

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