Sec. 1091. Improvements relating to portability of professional licenses of servicemembers and their spouses
645 words·~3 min read·
/bill/118/s/4638/rs/section-1091A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 705A of the Servicemembers Civil Relief Act is amended to read as follows: In a case in which a servicemember or the spouse of a servicemember has a covered license and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in the jurisdiction of the licensing authority that issued the covered license, such covered license shall be considered valid at a similar scope of practice, and in the discipline issue for , in the receiving jurisdiction if such servicemember or spouse submits an application to the licensing authority for the receiving jurisdiction that includes the following:
Proof of such military orders or proof of military service, as the case may be. In a case in which the applicant is a spouse of the servicemember who is subject to the military orders or military service, a copy of a marriage certificate to a servicemember. A notarized affidavit affirming, under the penalty of law, the following: The applicant is the person described and identified in the application. All statements made on the application are true and correct and complete. The applicant has read and understands the requirements for licensure and certification and certifies that the applicant meets those requirements.
The applicant is in good standing in all jurisdictions in which the applicant holds or has held a license or certification. Such documentation as may be required by the licensing authority in the receiving jurisdiction for the purposes of background checks and maintaining standards of practice, discipline, and fulfillment of any continuing education requirements. Except as provided in paragraph (2), a licensing authority that receives an application for a license that is submitted under subsection
(a)and meets all of the requirements set forth in such subsection, shall issue, not later than 30 days after receiving the application, a license of similar scope of practice as the covered license of the applicant. In a case in which a licensing authority is required to issue a license under paragraph
(1)but is unable to issue the license within 30 days as required by such paragraph, the licensing authority shall issue a temporary license that confers the same rights, privileges, and responsibilities as a permanent license, until the permanent license is issued. If, in a case described in subsection (a), the receiving jurisdiction is located in a State that is a member of an interstate compact that is in effect and the servicemember or spouse is applying for a license that covers a particular profession or occupation that is covered by the membership of the State in the interstate compact, the servicemember or spouse shall be subject to the requirements of the interstate compact. In this section: The term covered license means an active license that, with respect to a similar scope of practice— has not been revoked or had discipline imposed by any jurisdiction; does not have a complaint, allegation, or investigation relating to unprofessional conduct pending in any jurisdiction relating to it, or otherwise in a status that in any manner restricts the activity of the license holder; and has not been voluntarily surrendered while under investigation for unprofessional conduct in any jurisdiction. The term license means any license, certificate, or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation. The term licensing authority means any State board, commission, department, or agency that— is established in the State for the primary purpose of regulating the entry of persons into or the conduct of persons within, a particular profession or occupation; and is authorized to issue licenses. The term scope of practice means defined parameters of various duties or services that may be provided by an individual with specific credentials. .