SUBMISSION TO THE UNIFORM LAW COMMISSION EXPEDITED PROFESSIONAL LICENSING FOR MILITARY SPOUSES

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1 SUBMISSION TO THE UNIFORM LAW COMMISSION EXPEDITED PROFESSIONAL LICENSING FOR MILITARY SPOUSES Submitted by Pew Center on the States The Pew Charitable Trusts January 10, 2012 During their careers military personnel are frequently deployed to a number of bases around the country or the world for extended periods of time. This places significant burdens on military spouses who must follow behind, often taking over most of the duties of raising a family. This burden is especially large for working spouses. In many occupations they must seek a state license or certification to work in their field, even if they are already licensed in their home state or if their home state does not require any formal approval. State licensing requirements fall harder on military spouses because they must travel frequently, often out of the country; many stop working for several years to raise children. These traits make it more difficult to get authorization in a new state. Finally, the licensing process can take several months. If a spouse needs to be physically present in the state in order to apply, the total period of time during which he or she can practice in a given profession can be reduced by 25 percent or more. This project would promote state legislation to make it easier for spouses to obtain the required approval. Uniformity of state laws is desirable. Economic markets are increasingly national and even global, so the requirements needed to practice an occupation seldom differ from region to region. Law is a notable exception, because state laws in particular fields such as trusts and estates differ significantly. It is not clear why the proper practice of medicine in Florida would differ from that in California. However, this project would only deal with a narrow part of the licensing laws: that pertaining to military spouses. Uniformity is desirable here because it would it would make it easier for military spouse to know what requirement they face in a new state. It would also make it easier to transfer qualifications if the requirements were the same in each state. Because the main purpose of the legislation is to ease the licensing requirements, any provisions that do this would be welcome, even if they differ from those of other states. Good legislation would have several components: It would apply to as many occupations as possible. It would allow spouses to apply as soon as they found out their spouse was being posted to a base either within the state or nearby. It would provide an quick process for obtaining a temporary license upon a pro forma showing that the spouse would qualify for a permanent one. It would waive background checks.

2 It would entitle military spouses to a permanent license provided that either they were licensed in their home state or their home state did not require a license to practice their particular occupation. It would allow spouses to meet any continuity of practice requirement (for example that the spouse practiced their occupation for three of the prior five years) by showing equivalent experience in a manner satisfactory to the state regulator. We believe that such legislation is realistic. Legislation containing some of these components has already been adopted in one form or another by 11 states and proposed in at least five more. Military personnel and their families typically form a politically powerful group: few legislators like to be seen taking a position against them. On the other hand, military spouses make up a relatively small portion of the people practicing an occupation, so that easing requirements on them would be unlikely to significantly affect any profession. Finally, because the proposed legislation generally requires that the spouse already have received certification from another state or demonstrate sufficient experience, consumers should not be harmed. The need for this legislation is national since military spouses might be deployed to any state for extended time periods. The primary benefit would be to military spouses and their families. We have reason to believe that this would make a significant difference for at least some spouse in terms of both minimizing the impact on their careers and increasing family income. These benefits would increase as more states adopted the legislation. If enacted nationally, spouses would be able to travel freely from deployment to deployment, keeping their right to practice their occupation intact. The military has made it one of ten legislative priorities at the state level this year. Consumers would also benefit from more qualified providers. Existing providers would be slightly hurt by the marginally increased competition, but economic theory tells us that the total social gains would be positive. As stated above 11 states have already enacted legislation. Unfortunately, each state has adopted a different approach. The appendix provides a brief summary of the legislation from each of those states as well as five more where legislation has been introduced but not passed. We believe that part of the reason for the lack of uniformity is that no common language exists that would act as the starting point for legislative efforts. The military has been content to follow the lead of its sponsors in each state. In spite of this several of the pending bills adopt a common approach. This legislation only requires action at the state level. No federal laws or regulations are involved. It is possible that the issue could be dealt with at the federal level through the Commerce Clause of the Constitution, but this would pose serious political problems. The military will strongly support the legislation. It is possible that existing providers will resist changes that make it easier for new providers to move into the state. However, because the military enjoys such strong popular support and because the number of military spouses who 2

3 would take advantage of this change is relatively small in proportion to the total number of suppliers, they may not take a position. We do not think the legislation would require significant resources to draft. Some of the legislation already exists and the issue is fairly simple. Assuming that the ULC accepted the project and the military continued to make it a priority, we believe resources would not be a constraint. Jeremy Smith, Director, Strategic Initiatives Pew Center on the States The Pew Charitable Trusts 901 E. Street NW, Tenth Floor, Washington, DC Ph: cell: jsmith@pewtrusts.org 3

4 APPENDIX SUMMARY OF STATE LEGISLATION AS OF JANUARY 1, 2012 Enacted Statutes Alaska HB 28 Signed into law 6/27/2001 Allows regulators to grant a temporary license to a military spouse of a member on active duty and stationed in that state who holds a current license in good standing from another state with equivalent requirements to Alaska. The license is valid for 180 days and may be extended for one additional 180-day period. This section does not apply to the practice of law. Exempts military personal in combat zones or hazardous duty areas from fees or other requirements to maintain licenses in good standing. Arizona SB 1458 Signed into law 4/25/2011 Awards a license to any military spouse married accompanying a member of the armed forces to an official permanent change of station located in the state. The spouse must have a current license in good standing from another state for at least one year. If the license is less than five years old the regulator may require the spouse to practice under the direct supervision of another license holder. The law apparently requires that the home state have minimum education requirements and, if applicable, work experience and clinical supervision requirements, but it does not require that they be as strict as Arizona s. The person must also have passed an exam required for the license. These provisions create some uncertainty about how the law would apply to occupations that are not licensed in the spouse s home state. The law also authorizes regulators to enter into reciprocity agreements with other states. However, these can only be made if the other state s standards are at least as strict as Arizona s. The law does not supersede any licensing compacts with other states. 4

5 Colorado HB 1162 Approved March 19, 2008 HB 1175 Approved March 29, 2010 HB 1162 amends Section of the Colorado Revised Statutes to require the Department of Education to issue an interim authorization to a military spouse who seeks employment as a teacher, special services provider, principal, or administrator. The spouse must be licensed or eligible to be licensed in another state and meet all other requirements. The interim authorization lasts for one year and may be renewed for an additional year. The period also counts toward the three year probationary period that education professionals normally have to serve in the state. The interim authorization essentially allows the spouse to avoid Colorado s assessment of professional competencies. The department must grant authorization within 90 days of application. Finally, the spouse may apply in anticipation of being transferred to Colorado. HB 1175 amends Section and other parts of Colorado Revised Statutes to create an alternative option for demonstrating professional competency in the health and other professions. The changes do not require an applicant to be a military spouse in order to benefit. The means for demonstrating competency will presumably be spelled out in regulatons. Includes a general provision allowing applicants for certification, registration, or licensure by endorsement to demonstrate competency in their specific occupation or profession in lieu of having to prove that they worked or practiced in that occupation or profession for a period of time prior to their application. Contains sections dealing with specific health care professions; chiropractors, dentists, dental hygienists, nursing home administrators, optometrists, and physical therapists. For each profession the act requires the relevant professional board to issue a license once the applicant has demonstrated competency in that field. The option of demonstrating competency is in lieu of having to show that the person worked in the field for a certain proportion of the last few years. The applicant must still meet any other requirements of licensure. Florida HB 713, Signed May 26, 2010 HB 1319 Signed May 31, 2011 Section 5 of HB 713 amended Section of the Florida Statutes to allow the Department of Business and Professional Regulation to issue a temporary professional license to the spouse of an active duty member of the Armed Forces who fills out an application containing: proof of marriage to an member of the Armed Forces on active duty; proof that the applicant holds a valid license for the profession issued in the United States 5

6 or abroad; proof that the applicant s spouse is assigned to duty in Florida with the applicant; fingerprints for a background check; and a fee The temporary license expires after six months and is not renewable. In order to keep working, the applicant must fulfill all of the normal state requirements by the time the temporary license expires. The provision applies to all occupations governed by the Department. It does not apply to the practice of law, which the legislature has deemed to be a judicial function governed by the Florida Supreme Court. The Health professions are subject to a companion law, HB Section 1 of HB 1319 added new subsection 3 to Section of the Florida Statutes. Chapter 456 of the Statutes deals specifically with health professionals and occupations. The new section authorizes a similar temporary license for these professions with three significant changes: 1. The applicant must provide proof that they hold a valid license for the profession issued in the United States. Foreign licenses will not qualify. In addition, the applicant cannot be subject to any disciplinary proceeding in any jurisdiction in which they hold a license; 2. The applicant must show that they meet all the other requirements for licensure; 3. The temporary license is valid for one year rather than six months. Kentucky HB 301 Signed into law 3/17/2011 Delays the expiration of any license while a person is on active duty. Also waives continuing education requirements when prevented by military service or done as part of service. Entitles military spouses to a temporary license within 30 days of applying. Spouses must be married to an active duty member, hold a valid license issued by another state, and be assigned to a duty station in Georgia. The spouse must meet all statutory requirements. The temporary license expires in six months. The licensing body apparently has the option of issuing a regular license instead. Missouri HB 136 Signed into law 7/14/2011 Provides that a military spouse if not disqualified from collecting unemployment benefits if they quit their job to relocate with a military member on active duty to a new residence from which it is impractical to commute and if they remained employed as long as was reasonable prior to the move. Requires regulators to establish criteria under which military spouses who are stationed in the state may obtain a temporary license. Spouses must hold a license in good standing issued by 6

7 another state with licensure requirements equivalent to those of Missouri and have been engaged in the occupation for at least two of the five preceding years. The temporary license expires after 180 days but may be extended for an additional 180 days. The provision does not apply to the practice of law. Montana HB 94 Signed into law April 1, 2011 Sections 1 and 2 allow regulators to issue a license without examinations to a person licensed in another state if that state s standards are substantially equivalent or great than Montana s and there is no reason to deny the license under Montana laws. The license may be granted upon the applicant s affirming that he has requested verification form the granting state and is not subject to any disciplinary actions. Regulators also have authority to enter into reciprocity agreements with states that have substantially equivalent standards. This provision is not limited to military spouses. Section 21 allows a person holding an engineering license from another state or foreign country may to obtain a license if the granting state had requirements at least as strong as Montana s. Section 22 enacts a similar provision for land surveying. Neither is limited to military spouses. Oklahoma HB 1275 Signed into law 4/25/2011 Section 8 of the new law gives a military spouse who has an active, unencumbered license from another state that is not in disciplinary status and who is relocating to Oklahoma pursuant to military orders 120 days after submitting an application. During this time, the nurse is not considered to be covered by the licensure requirements. Tennessee HB 968 Signed into law 5/20/2011 Directs each regulatory board to establish a procedure for expediting the issuance of a license to military spouses who are already licensed in another state and who are stationed in Tennessee. Indicates that the spouse must have left employment in order to accompany the service member. The spouse will get a license if the home state s requirements are substantially equivalent to Tennessee s otherwise a temporary license will be granted in order to allow the spouse to complete any additional requirements. Texas SB 1733 Signed into law 6/17/2011 7

8 Requires regulators to adopt rules granting an license to any military spouse of a member on active duty who holds a current license issued by another state with substantially equivalent licensing standards. A license is also granted if the spouse had a Texas license within the previous five years and that license expired while the spouse lived in another state for at least six months. The rules must include provisions to allow alternative demonstrations of competency to meet the requirements for obtaining the license. Utah HB 384 Sent to Governor 3/16/2011 Allows the regulator to waive education or licensing requirements if a veteran demonstrates military education and training and successfully passes any required exam. Allows the Construction Services Commission to accept qualifications earned at military educational and training programs. Exempts spouses from licensure requirements while they are stationed in the state provided they hold a current license in good standing from another state. 8

9 Pending Statutes Kansas HB 2178 Introduced 2/7/2011 Passed House on 3/30 and referred to Senate Federal and State Affairs Provides that any licensing body shall issue a license to a non resident military spouse. In order to qualify, the spouse must hold a current license in another state with requirements equivalent to those of Kansas and have been engaged in the active practice of the occupation for at least two of the preceding five years. Full-time experience in the discharge of official military or agency duties qualifies as active practice. The prior license must be in good standing. The spouse will receive a probationary license upon receipt of an application stating that the information being submitted is true. New York HB 1332 Introduced 1/5/2011 and referred to the Higher Education Committee. No action taken. Part A directs state agencies to help military spouses transfer teaching certificates or professional certifications to their new home state. Sets up a working group to make recommendations on licensing requirements for workforce shortage areas whether comparable military training could substitute for current licensing requirement. Part B requires Commissioner of Education to issue a one-year nonrenewable teaching certificate for primary or secondary school to any person who has attained certification by an alternative teacher certification organization. Provided that they participate in the mentoring program required by these programs, recipients can apply for a regular teaching certificate. Alternative teacher certification programs must be founded with grant funding from the U.S. Department of Education and developed pursuant to the passport to Teaching Program administered by the American Board for Certification of Teacher Excellence. They must require candidates to hold a bachelor s degree, pass a professional teaching knowledge exam, pass a subject are exam and pass a background check. They much also provide access to workshops, an experienced teacheradvisor and optional access to comprehensive subject matter refresher courses as well as intensive mentoring and induction program. Part C enacts the Interstate Nurse Licensure Compact under which a license to practice as either a registered nurse or licensed practical nurse issued by one party state will be recognized by all other party states. Nurses must comply with specific state practicing laws and party states remain free to limit or revoke an individual s license. Sets up a coordinated licensure information system to exchange data about individual practitioners among party states. So far 24 states have joined the Compact 9

10 Part D provides that any military spouse who applies for a license to practice a profession in the state is allowed to submit satisfactory evidence of licensure to practice an equivalent occupation issued by any other state in lieu of the normal requirements. The licensing state s standards must not be lower than New York s. Similar provisions apply to the specific professions of insurance agents and brokers and real estate broker, seller, and home inspectors. There is no requirement that the applicant s spouse be stationed in New York. North Carolina HB 799 Introduced on 4/6/2011 Passed House on 6/6/2011 referred to Senate Finance Committee Requires licensing boards to issue a license to a military-trained applicant how has completed a military program of training, been awarded a military occupational specialty and preformed in that specialty at a level that is substantially equivalent to the North Carolina requirements. The applicant must have engaged in active practice of the occupation for at least two of the preceding five years and not have committed any act that would disqualify him from North Carolina law. Also requires licensing boards to issue a license to any military spouse who holds a license in good standing from another jurisdiction with requirements substantially equivalent to North Carolina s. The spouse must be able to demonstrate competency in the occupation such as by completing continuing education credits or having practices for at least two of he preceding five years. All relevant experience, including full-time or part-time work, paid or unpaid is credited toward the practice requirement. Neither provision applies to the practice of law or to the North Carolina Medical Board. The licensing board may issue a temporary license to a spouse who is licensed in another state while they complete the other requirements (presumably gaining experience) provide the home state has requirements that are substantially equivalent to North Carolina s. Ohio HB 196 Introduced on April 12, 2011, referred to the Veterans Affairs Committee. No action taken. Provides that members of the military or their spouses may automatically receive a renewal of a previous license granted by Ohio if the original license was not renewed because military service resulted in their absence from the state. Renewal is only granted within six months of discharge. It does not help families still on active duty. Also allow any agency to grant a temporary license or certificate to a military spouse who holds a valid license for the profession issued by another state or foreign jurisdiction provided that the individual s spouse is stationed in the state. The license expires after six months. Requires background check. 10

11 Also requires that any licensing body to consider relevant education, training, or service completed by a military individual as part of their service toward the qualifications required for the degree. Successful completion of any military experience that is already recognized by a relevant state or nationally accredited entity counts toward these qualifications. Finally, the act allows agencies to grant advanced educational standing reflecting an individual s prior relevant military experience and coursework. This standing shall be applied toward the completion of any degree. South Carolina H 3710 Introduced 2/17/2011, referred to Committee on Labor, Commerce and Industry Allows regulatory boards to issue a temporary license to a military spouse stationed in the state. The applicant must hold a valid license issued in another state or foreign jurisdiction and submit to a background check. The temporary license expires after six months and may not be renewed. Covers most occupations including attorneys and health care physicians, but not educators. 11