2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 35 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED) (63 PA.C.S.) - MILITARY AND VETERANS' LICENSURE

Session of 2022

No. 2022-35

 

HB 1868

 

AN ACT

 

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

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, 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 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 (relating to relevant military experience).

(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.

(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 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.

(c)  Extension of continuing education.--A licensing board 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.

§ 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 chairperson and minority chairperson of 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.

 

APPROVED--The 7th day of July, A.D. 2022.

 

TOM WOLF