Regular Session 2021-2022 House Bill 1868 P.N. 2652

SENATE AMENDED

PRIOR PRINTER'S NOS. 2113, 2228

PRINTER'S NO. 2652

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1868

Session of

2021

INTRODUCED BY MAKO, HICKERNELL, WHEATLEY, BOBACK, SAINATO,

RIGBY, DELLOSO, SCHMITT, N. NELSON, KINSEY, HENNESSEY,

McNEILL, HILL-EVANS, POLINCHOCK, JAMES, MOUL, MILLARD,

SOLOMON, KERWIN, CIRESI, BERNSTINE, HOWARD, HAMM, R. BROWN,

FITZGERALD, SCHLEGEL CULVER, PISCIOTTANO, NEILSON, MENTZER,

THOMAS, HANBIDGE, HOHENSTEIN, GUZMAN AND HEFFLEY,

SEPTEMBER 15, 2021

SENATOR AUMENT, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

IN SENATE, AS AMENDED, JANUARY 25, 2022

AN ACT

Amending Title 63 (Professions and Occupations (State Licensed))

of the Pennsylvania Consolidated Statutes, adding provisions

relating to veterans' licensure by providing for

representation on licensing boards, for expedited license,

for military experience in place of education criteria, for

expedited temporary license, for relevant military

experience, for renewal of license for deployed

servicemembers, for fees and for reports.

AMENDING TITLE 63 (PROFESSIONS AND OCCUPATIONS (STATE LICENSED))

OF THE PENNSYLVANIA CONSOLIDATED STATUTES, PROVIDING FOR

MILITARY AND VETERANS' LICENSURE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 63 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Chapter 33

VETERANS' LICENSURE

Sec.

3301. Definitions.

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3302. Representation on licensing boards.

3303. Expedited license.

3304. Military experience in place of education criteria.

3305. Expedited temporary license.

3306. Relevant military experience.

3307. Renewal of license for deployed servicemembers.

3308. Fees.

3309. Reports.

§ 3301. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bureau." The Bureau of Professional and Occupational

Affairs in the Department of State.

"License." A registration , permit, certificate or license

issued by a licensing board.

"Licensing board." A departmental or administrative board or

commission under the bureau.

"Military Occupational Codes Crosswalk." A module created by

a licensing board to provide guidance when evaluating

servicemembers' and veterans' applications for licensure to

identify skills, experience, credentials and education that have

been obtained in the military and crosswalking those skills,

experience, credentials and education into substitute licensure

requirements.

"Military spouse." The spouse of a servicemember or veteran.

The term includes an unmarried spouse of a deceased

servicemember where the servicemember died within one year prior

to the date an application for a license is submitted to a

licensing board.

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"Qualified applicant." A servicemember, veteran or military

spouse who has submitted an application for a license.

"Servicemember." An active duty member of the armed forces

of the United States, a reserve component or the national guard

of a state.

"Veteran." A former servicemember who was discharged from

active duty under circumstances other than dishonorable.

§ 3302. Representation on licensing boards.

The Governor shall provide preference to and strive to

achieve the goal of one servicemember, veteran or military

spouse serving on each licensing board in this Commonwealth. The

servicemember, veteran or military spouse shall be a public

member of the licensing board.

§ 3303. Expedited license.

(a) Application question.--A licensing board shall include a

question on applications for licensure, renewal and reactivation

whether the individual submitting the application is a

servicemember, veteran or military spouse.

(b) Processing.--If an applicant is deemed as a qualified

applicant, the licensing board shall:

(1) Request that the qualified applicant submit

documentation to the licensing board demonstrating status as

a servicemember, veteran or military spouse.

(2) Upon submission, expedite the processing of the

application.

§ 3304. Military experience in place of education criteria.

A licensing board shall issue a license to a qualified

applicant who does not meet the educational requirements for the

license so long as the qualified applicant:

(1) Submits an application and fee as prescribed by the

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board by regulation.

(2) Passes all exams required for licensure.

(3) Has completed a military program and was awarded a

military occupational specialty.

(4) Performed in that occupational specialty at a level

that is substantially equivalent to the academic requirements

for the license that the qualified applicant applied.

(5) Has engaged in active practice for at least two of

the previous five years before submitting the application. A

qualified applicant's relevant military service experience of

the qualified applicant's official duties must be credited in

the calculation of the number of years the qualified

applicant has practiced in the profession.

(6) Meets all other noneducational requirements for

licensure.

§ 3305. Expedited temporary license.

(a) Requirements of temporary license.-- A licensing board

shall issue an expedited temporary license to a qualified

applicant who meets the criteria of subsection (c) .

(b) Expiration.--The expedited temporary license shall be

valid until the earlier of one of:

(1) Six months after the date of issuance of the

temporary license by the licensing board.

(2) The date a nontemporary license is granted.

(3) The date a notice to deny a license is issued under

subsection (f).

license shall include the following documentation that the

applicant:

(1) Is a servicemember, veteran or military spouse.

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(2) Holds a valid license in good standing issued in

another state.

(3) Is assigned to a duty station in this Commonwealth

or has established legal residence in this Commonwealth.

(4) Has submitted a full application for licensure.

(d) State equivalent.--Except as provided for in subsection

(e), before issuing an expedited temporary license to a

qualified applicant under this section, the licensing board

shall determine that the requirements for licensure in another

state the qualified applicant is licensed are substantially

equivalent to or exceed the requirements for licensure in this

Commonwealth.

(e) Not substantially equivalent.--If a licensing board

determines that the requirements for licensure in another state

the qualified applicant is licensed are not substantially

equivalent to licensure in this Commonwealth, the licensing

board may issue an expedited temporary license for a limited

period of time at the discretion of the licensing board while

the qualified applicant completes additional requirements for

licensure in this Commonwealth.

(f) Denial of temporary license.--A licensing board may not

issue an expedited temporary license if the issuance of the

license poses a risk to public health, safety or welfare.

(g) Publication.--The process for obtaining an expedited

temporary license shall be published on a licensing board's

publicly accessible Internet website.

§ 3306. Relevant military experience.

(a) Years of experience.--Notwithstanding any other

provision of law, in calculating a qualified applicant's years

of practice or experience in an occupation or a profession, a

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licensing board shall give credit to the qualified applicant for

relevant experience obtained as a servicemember or veteran.

(b) Training or education provided by military.--A licensing

board shall give credit for training and education provided by

the military and completed by a qualified applicant toward

training or education requirements for licensure, if the

training or education is determined by the licensing board to be

substantially equivalent to the training or education required

for licensure in this Commonwealth.

board shall use the Military Occupational Codes Crosswalk to

facilitate the acceptance of military practice or experience if

training or education requirements for licensure are incomplete.

§ 3307. Renewal of license for deployed servicemembers.

(a) Renewal application submission before deployment.--

(1) A servicemember who is scheduled to be deployed

outside this Commonwealth may apply for renewal of a license

if the deployment will occur when the license is eligible for

renewal.

(2) The servicemember may submit to the licensing board

all requirements for renewal prior to deployment.

(3) The licensing board shall provide a review of the

application and information received.

(4) If the licensing board finds that a requirement is

not met, the licensing board may notify the servicemember of

the deficiency but may not process the renewal until the

biennial renewal cycle begins.

(b) Late renew after deployment.--A licensing board may

renew a license of a servicemember after the expiration of the

license without penalty if the late renewal is a direct result

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of deployment.

extend a requirement to complete continuing education or

continued competency requirements for up to three months after

deployment of a servicemember if the servicemember meets all

other requirements for license renewal.

(d) Military spouse.--This section shall apply to a military

spouse if the military spouse travels with the servicemember

during deployment.

§ 3308. Fees.

A licensing board may not assess a fee for an initial

licensure of a military spouse who relocated to this

Commonwealth as a result of the servicemember's military orders.

§ 3309. Reports.

The bureau shall submit an annual report once for six years

to the chairperson and minority chairperson of the Consumer

Protection and Professional Licensure Committee of the Senate

and the chairperson and minority chairperson of the Professional

Licensure Committee of the House of Representatives. The report

shall include:

(1) The number of qualified applicants.

(2) The number of qualified applicants who were approved

for licensure.

(3) The number of qualified applicants who were denied

licensure including data on the reasons for denial.

(4) Data on the licensing board's application processing

times for qualified applicants including reasons for delays.

(5) Recommendations on ways to improve the licensing

board's ability to meet the licensing needs of

servicemembers, veterans and military spouses.

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Section 2. This act shall take effect in 60 days.

SECTION 1. TITLE 63 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 33

MILITARY AND VETERANS' LICENSURE

SEC.

3301. DEFINITIONS.

3302. BUREAU REQUIREMENTS.

3303. LICENSING FOR MILITARY APPLICANTS.

3304. RELEVANT MILITARY EXPERIENCE.

3305. RENEWAL OF LICENSE FOR DEPLOYED SERVICEMEMBERS.

3306. FEES.

3307. REPORTS.

§ 3301. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BUREAU." THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL

AFFAIRS IN THE DEPARTMENT OF STATE.

"LICENSE." A REGISTRATION, PERMIT, CERTIFICATE OR LICENSE

ISSUED BY A LICENSING BOARD.

"LICENSING BOARD." A DEPARTMENTAL OR ADMINISTRATIVE BOARD OR

COMMISSION UNDER THE BUREAU.

"MILITARY APPLICANT." A SERVICEMEMBER, VETERAN OR MILITARY

SPOUSE WHO SUBMITS AN APPLICATION FOR A LICENSE AND

DOCUMENTATION DEMONSTRATING STATUS AS A SERVICEMEMBER, VETERAN

OR MILITARY SPOUSE.

"MILITARY OCCUPATIONAL CODES CROSSWALK." A MODULE CREATED BY

THE BUREAU TO PROVIDE GUIDANCE WHEN EVALUATING SERVICEMEMBERS'

AND VETERANS' APPLICATIONS FOR LICENSURE TO IDENTIFY SKILLS,

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EXPERIENCE, CREDENTIALS AND EDUCATION THAT HAVE BEEN OBTAINED IN

THE MILITARY AND CROSSWALKING THOSE SKILLS, EXPERIENCE,

CREDENTIALS AND EDUCATION INTO SUBSTITUTE LICENSURE

REQUIREMENTS.

"MILITARY SPOUSE." THE SPOUSE OF A SERVICEMEMBER OR VETERAN.

THE TERM INCLUDES AN UNMARRIED SPOUSE OF A DECEASED

SERVICEMEMBER WHERE THE SERVICEMEMBER DIED WITHIN ONE YEAR PRIOR

TO THE DATE AN APPLICATION FOR A LICENSE IS SUBMITTED TO A

LICENSING BOARD.

"SERVICEMEMBER." AN ACTIVE DUTY MEMBER OF THE ARMED FORCES

OF THE UNITED STATES, A RESERVE COMPONENT OR THE NATIONAL GUARD

OF A STATE.

"VETERAN." A FORMER SERVICEMEMBER WHO WAS DISCHARGED FROM

ACTIVE DUTY UNDER CONDITIONS OTHER THAN DISHONORABLE.

§ 3302. BUREAU REQUIREMENTS.

THE BUREAU SHALL:

(1) INCLUDE A QUESTION ON AN APPLICATION FOR LICENSURE,

RENEWAL AND REACTIVATION ASKING WHETHER THE INDIVIDUAL

SUBMITTING THE APPLICATION IS A SERVICEMEMBER, VETERAN OR

MILITARY SPOUSE.

(2) EXPEDITE AN APPLICATION FOR A MILITARY APPLICANT WHO

SUBMITS DOCUMENTATION DEMONSTRATING STATUS AS A

SERVICEMEMBER, VETERAN OR MILITARY SPOUSE.

(3) UPDATE THE MILITARY OCCUPATIONAL CODES CROSSWALK AS

NECESSARY TO ACCOMMODATE CHANGES IN A LICENSE OR MILITARY

SKILLS, EXPERIENCE, CREDENTIALS AND EDUCATION.

(4) DEVELOP CRITERIA FOR TEMPORARY LICENSURE AT THE

DISCRETION OF EACH LICENSING BOARD SPECIFIC TO A MILITARY

APPLICANT.

(5) SUBMIT TO THE LEGISLATIVE REFERENCE BUREAU FOR

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PUBLICATION IN THE PENNSYLVANIA BULLETIN AND POST ON EACH

LICENSING BOARD'S PUBLICLY ACCESSIBLE INTERNET WEBSITE THE

LICENSURE PROCESS FOR MILITARY APPLICANTS.

§ 3303. LICENSING FOR MILITARY APPLICANTS.

(A) ISSUANCE.--A LICENSING BOARD MAY ISSUE A LICENSE TO A

MILITARY APPLICANT WHO DOES NOT MEET THE EDUCATIONAL

REQUIREMENTS FOR A LICENSE IF THE MILITARY APPLICANT:

(1) SUBMITS AN APPLICATION AND FEE AS PRESCRIBED BY THE

BOARD BY REGULATION.

(2) PASSES ALL EXAMS REQUIRED FOR LICENSURE.

(3) HAS ENGAGED IN ACTIVE PRACTICE FOR AT LEAST TWO OF

THE PREVIOUS FIVE YEARS BEFORE SUBMITTING THE APPLICATION.

RELEVANT MILITARY SERVICE EXPERIENCE AND OFFICIAL DUTIES

SHALL BE CREDITED IN THE CALCULATION OF THE NUMBER OF YEARS

OF PRACTICE IN THE PROFESSION.

(4) MEETS ALL OTHER NONEDUCATIONAL REQUIREMENTS FOR

LICENSURE.

(5) MEETS NECESSARY QUALIFICATIONS OUTLINED IN SECTION

3304.

(B) TEMPORARY LICENSE.--THE FOLLOWING SHALL APPLY:

(1) A LICENSING BOARD MAY ISSUE A TEMPORARY LICENSE TO A

MILITARY APPLICANT WHO:

(I) IS ASSIGNED TO A DUTY STATION IN THIS

COMMONWEALTH OR HAS ESTABLISHED LEGAL RESIDENCE IN THIS

COMMONWEALTH.

(II) COMPLIES WITH THE LICENSING BOARD'S

REQUIREMENTS FOR TEMPORARY LICENSURE FOR A LIMITED PERIOD

OF TIME AT THE DISCRETION OF THE LICENSING BOARD WHILE

THE MILITARY APPLICANT COMPLETES ADDITIONAL REQUIREMENTS

FOR LICENSURE IN THIS COMMONWEALTH.

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(2) THE TEMPORARY LICENSE SHALL BE VALID UNTIL THE

EARLIER OF:

(I) SIX MONTHS AFTER THE DATE OF ISSUANCE OF THE

TEMPORARY LICENSE BY THE LICENSING BOARD;

(II) THE DATE A LICENSE IS GRANTED; OR

(III) THE DATE A NOTICE TO DENY A LICENSE IS ISSUED.

§ 3304. RELEVANT MILITARY EXPERIENCE.

A LICENSING BOARD SHALL USE THE MILITARY OCCUPATIONAL CODES

CROSSWALK TO FACILITATE THE ACCEPTANCE OF MILITARY PRACTICE OR

EXPERIENCE IF TRAINING OR EDUCATION REQUIREMENTS FOR LICENSURE

ARE INCOMPLETE. THE MILITARY OCCUPATIONAL CODES CROSSWALK SHALL

INCLUDE:

(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN

CALCULATING A MILITARY APPLICANT'S YEARS OF PRACTICE OR

EXPERIENCE IN AN OCCUPATION OR A PROFESSION, A LICENSING

BOARD SHALL GIVE CREDIT TO THE MILITARY APPLICANT FOR

RELEVANT EXPERIENCE OBTAINED AS A SERVICEMEMBER.

(2) A LICENSING BOARD SHALL GIVE CREDIT FOR TRAINING AND

EDUCATION PROVIDED BY THE MILITARY AND COMPLETED BY A

MILITARY APPLICANT TOWARD TRAINING OR EDUCATION REQUIREMENTS

FOR LICENSURE, IF THE TRAINING OR EDUCATION IS DETERMINED BY

THE LICENSING BOARD TO BE SUBSTANTIALLY EQUIVALENT TO THE

TRAINING OR EDUCATION REQUIRED FOR LICENSURE IN THIS

COMMONWEALTH.

§ 3305. RENEWAL OF LICENSE FOR DEPLOYED SERVICEMEMBERS.

(A) RENEWAL APPLICATION SUBMISSION BEFORE DEPLOYMENT.--THE

FOLLOWING SHALL APPLY:

(1) A SERVICEMEMBER WHO IS SCHEDULED TO BE DEPLOYED

OUTSIDE THIS COMMONWEALTH MAY APPLY FOR RENEWAL OF A LICENSE

IF THE DEPLOYMENT WILL OCCUR WHEN THE LICENSE IS ELIGIBLE FOR

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RENEWAL.

(2) THE SERVICEMEMBER MAY SUBMIT TO THE LICENSING BOARD

ALL REQUIREMENTS FOR RENEWAL PRIOR TO DEPLOYMENT OUTSIDE THIS

COMMONWEALTH.

(3) THE LICENSING BOARD SHALL PROVIDE A REVIEW OF THE

APPLICATION AND INFORMATION RECEIVED.

(4) IF THE LICENSING BOARD FINDS THAT A REQUIREMENT IS

NOT MET, THE LICENSING BOARD SHALL NOTIFY THE SERVICEMEMBER

OF THE DEFICIENCY.

(5) THE LICENSING BOARD SHALL PROCESS THE APPLICATION

UPON THE OPENING OF THE NEXT LICENSING RENEWAL.

(B) REACTIVATION AFTER DEPLOYMENT.--A LICENSING BOARD MAY

REACTIVATE A LICENSE OF A SERVICEMEMBER AFTER THE EXPIRATION OF

THE LICENSE WITHOUT PENALTY IF THE RENEWAL PERIOD OCCURRED

DURING DEPLOYMENT OUTSIDE OF THIS COMMONWEALTH. THE

SERVICEMEMBER MUST SEEK REACTIVATION OF THE LICENSE WITHIN ONE

MONTH FOLLOWING THE END OF THE DEPLOYMENT.

SHALL EXTEND A REQUIREMENT TO COMPLETE CONTINUING EDUCATION OR

CONTINUED COMPETENCY REQUIREMENTS FOR UP TO SIX MONTHS AFTER THE

END OF DEPLOYMENT OUTSIDE OF THIS COMMONWEALTH OF A

SERVICEMEMBER IF THE SERVICEMEMBER MEETS ALL OTHER REQUIREMENTS

FOR LICENSE RENEWAL.

(D) MILITARY SPOUSE.--THIS SECTION SHALL APPLY TO A MILITARY

SPOUSE IF THE MILITARY SPOUSE RESIDES WITH THE SERVICEMEMBER

DURING DEPLOYMENT OUTSIDE OF THIS COMMONWEALTH.

§ 3306. FEES.

A LICENSING BOARD MAY NOT ASSESS A FEE FOR AN INITIAL

LICENSURE OF A MILITARY SPOUSE WHO RELOCATES TO THIS

COMMONWEALTH AS A RESULT OF THE SERVICEMEMBER'S MILITARY ORDERS.

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§ 3307. REPORTS.

(A) SUBMISSION AND CONTENT.--THE BUREAU SHALL SUBMIT AN

ANNUAL REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

CONSUMER PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE OF THE

SENATE, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

PROFESSIONAL LICENSURE COMMITTEE OF THE HOUSE OF

REPRESENTATIVES, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE

SENATE AND THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS

COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL

INCLUDE:

(1) THE NUMBER OF MILITARY APPLICANTS.

(2) THE NUMBER OF MILITARY APPLICANTS WHO WERE APPROVED

FOR LICENSURE.

(3) THE NUMBER OF MILITARY APPLICANTS WHO WERE DENIED

LICENSURE, INCLUDING DATA ON THE REASONS FOR DENIAL.

(4) DATA ON THE LICENSING BOARD'S APPLICATION PROCESSING

TIMES FOR MILITARY APPLICANTS INCLUDING REASONS FOR DELAYS.

(5) RECOMMENDATIONS ON WAYS TO IMPROVE THE LICENSING

BOARD'S ABILITY TO MEET THE LICENSING NEEDS OF

SERVICEMEMBERS, VETERANS AND MILITARY SPOUSES.

(B) EXPIRATION.--THIS SECTION SHALL EXPIRE SIX YEARS AFTER

THE EFFECTIVE DATE OF THIS SECTION.

SECTION 2. THIS ACT SHALL TAKE EFFECT IN 120 DAYS.

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