A5158

An Act concerning professional and occupational licensure for nonresident military spouses, and amending P.L.2013, c.264.

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

1. 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] seven 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;

(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. If a board concludes an applicant is to sit for an examination, the applicant shall be issued a temporary license that expires after 30 days, during which time the applicable board shall make its best efforts to provide the opportunity for the applicant to sit for the required examination. At the discretion of the board, a 30-day temporary license may limit an applicant to performing only certain services; 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 be extended at the discretion of the board for an additional one year upon application of the holder of the temporary courtesy license] the period of time until the next renewal period. An applicant shall be allowed to apply for licensure renewal, if applicable.

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.).

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

2. This act shall take effect immediately.

STATEMENT

This bill addresses the ability of nonresident military spouses of active duty members of the Armed Forces of the United States to apply for a professional or occupational license. Under the bill, a nonresident military spouse is to demonstrate two years experience in the past seven years in the profession or occupation in which licensure is sought instead of the past five years. Additionally, if a board concludes that an applicant is to sit for an examination, the applicant is to be issued a temporary license that would expire after 30 days, during which time the applicable board is to make its best efforts to provide the opportunity for the applicant to sit for the

required examination. At the discretion of the board, a 30-day temporary license may limit an applicant to only performing specific services. Additionally, any courtesy license granted a nonresident military spouse is to be valid for the period of time until the next renewal period. The nonresident military spouse is allowed to apply for licensure renewal, if applicable.