AN ACT relating to universal recognition of occupational licenses.

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AN ACT relating to universal recognition of occupational licenses. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 335B IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 7 of this Act: 5
(1) "Board" means a government agency, board, department, or other government 6
entity that regulates a lawful occu pation and issues an occupational license or 7
government certification to an individual; 8
(2) "Government certification" means a voluntary, government -granted, and 9
nontransferable recognition to an individual who meets personal qualifications 10
related to a la wful occupation. Upon the government's initial and continuing 11
approval, the individual may use "government certified" or "state certified" as a 12
title. A noncertified individual may also perform the lawful occupation for 13
compensation, but may not use the ti tle "government certified" or "state 14
certified." "Government certification" shall not be synonymous with 15
"occupational license," and shall not include credentials that are prerequisites to 16
working lawfully in an occupation; 17
(3) "Lawful occupation" means a course of conduct, pursuit, or profession that 18
includes the sale of goods or services that are not themselves illegal to sell 19
irrespective of whether the individual selling them is subject to an occupational 20
license; 21
(4) "Military" means the Armed Forces of the United States, including the Air 22
Force, Army, Coast Guard, Marine Corps, Navy, Space Force, National Guard, 23
and all reserve components and auxiliaries. "Military" also includes the military 24
reserves and militia of any United States territory or state; 25
(5) "Occupational license" means a nontransferable authorization in law for an 26
individual to perform exclusively a lawful occupation based on meeting personal 27
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qualifications, including military occupational specialties. In an occupation for 1
which an occupational license is required, it is illegal for an individual who does 2
not possess a valid occupational license to perform the occupation; 3
(6) "Other state" or "another state" means any territory or state of the United St ates 4
other than this Commonwealth; and 5
(7) "Scope of practice" means the procedures, actions, processes, and work that a 6
person may perform under an occupational license or government certification 7
issued in this Commonwealth. 8
SECTION 2. A NEW SECTION OF KRS CHAPTER 335B IS CREATED TO 9
READ AS FOLLOWS: 10
(1) Notwithstanding any other law, a board in this Commonwealth shall issue an 11
occupational license or government certification to a person or military spouse 12
upon application if all of the following apply: 13
(a) The person holds a current and valid occupational license or government 14
certification in another jurisdiction, including in another state, district, or 15
territory of the United States, or in a location outside of the United States, in 16
a lawful occupation with a similar scope of practice, as determined by the 17
applicable board in this Commonwealth; 18
(b) The person has held the occupational license or government certification in 19
the issuing jurisdiction for at least one (1) year and is in good standing; 20
(c) The board in the issuing jurisdiction required the person to pass an 21
examination, or to meet education, training, or experience standards; 22
(d) The person does not have a disqualifying criminal record as determined by 23
the applicable board in this Commonwealth; 24
(e) A board in another jurisdiction has not revoked, and the person has not 25
surrendered in another jurisdiction, an occupational license or government 26
certification because of negligence or intentional misconduct relat ed to the 27
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person's work in the occupation; 1
(f) The person does not have a complaint, allegation, or investigation pending 2
before a board in another jurisdiction which relates to unprofessional 3
conduct or an alleged crime. If the person has a complaint, all egation, or 4
investigation pending, the applicable board in this Commonwealth shall not 5
issue, and shall not deny, an occupational license or government 6
certification to the person until the: 7
1. Complaint, allegation, or investigation is resolved; or 8
2. Person otherwise meets the criteria for an occupational license or 9
government certification to the satisfaction of this Commonwealth's 10
board; and 11
(g) The person pays all applicable fees of the Commonwealth. 12
(2) If another jurisdiction issued the person or mil itary spouse a government 13
certification but this Commonwealth requires an occupational license for the 14
same job, the applicable board in this Commonwealth shall issue an occupational 15
license to the person if the person otherwise satisfies all the requirements. 16
SECTION 3. A NEW SECTION OF KRS CHAPTER 335B IS CREATED TO 17
READ AS FOLLOWS: 18
(1) Notwithstanding any other law, a board in this Commonwealth shall issue an 19
occupational license or government certification to a person or military spouse 20
upon an application based on work experience in another jurisdiction, if all of 21
the following apply: 22
(a) The person worked in a jurisdiction that does not use an occupational 23
license or government certification to regulate a lawful occu pation, but this 24
Commonwealth uses an occupational license or government certification to 25
regulate a lawful occupation with a similar scope of practice, as determined 26
by the board; 27
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(b) The person worked for at least one (1) year in the lawful occupation; and 1
(c) The person satisfies the requirements of subsection (1)(d) to (g) of Section 2 2
of this Act. 3
(2) A board may require a person to pass a jurisprudential examination specific to 4
relevant state laws that regulate the occupation if an occupational licens e or 5
government certification in this Commonwealth requires a person to pass a 6
jurisprudential examination specific to relevant state statutes and administrative 7
regulations that regulate the occupation. 8
SECTION 4. A NEW SECTION OF KRS CHAPTER 335B IS CREATED TO 9
READ AS FOLLOWS: 10
(1) A board in this Commonwealth shall provide the person with a written decision 11
regarding the application within thirty (30) days after receiving a completed 12
application. 13
(2) The person may appeal the board's decision to a court of general jurisdiction. 14
(3) The person may appeal the board's: 15
(a) Denial of an occupational license or government certification; 16
(b) Determination of the occupation; and 17
(c) Determination of the similarity of the scope of practice of the occupational 18
license or government certification issued. 19
SECTION 5. A NEW SECTION OF KRS CHAPTER 335B IS CREATED TO 20
READ AS FOLLOWS: 21
(1) A person who obtain s an occupational license or government certification 22
pursuant to Sections 1 to 7 of this Act is subject to the: 23
(a) Laws regulating the occupation in this Commonwealth; and 24
(b) Jurisdiction of the applicable regulatory board in this Commonwealth. 25
(2) Sections 1 to 7 of this Act do not apply to an occupation regulated by the 26
Kentucky Supreme Court. 27
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(3) Sections 1 to 7 of this Act shall not be construed to prohibit a person from 1
applying for an occupational license or government certification under another 2
statute or administrative regulation of this Commonwealth. 3
(4) An occupational license or government certification issued pursuant to Sections 1 4
to 7 of this Act is valid only in this Commonwealth and does not make the person 5
eligible to work in another jur isdiction under an interstate compact or reciprocity 6
agreement unless otherwise provided in law. 7
(5) Sections 1 to 7 of this Act shall not be construed to require a private certification 8
organization to grant or deny private certification to any individual. 9
(6) An applicable board may charge a fee to a person submitting an application 10
under Sections 1 to 7 of this Act to recoup its costs, not to exceed one hundred 11
dollars ($100). 12
(7) Sections 1 to 7 of this Act preempt laws of city, county, and other govern ments in 13
this Commonwealth which regulate occupational licenses and government 14
certifications. 15
SECTION 6. A NEW SECTION OF KRS CHAPTER 335B IS CREATED TO 16
READ AS FOLLOWS: 17
(1) During a declared emergency, the Governor may order the recognition of an 18
occupational license from another jurisdiction as if the license is issued in this 19
Commonwealth. 20
(2) The Governor may expand any occupational license's scope of practice and may 21
authorize any licensee to provide services in thi s Commonwealth in person, 22
telephonically, or by other means for the duration of the emergency. 23
SECTION 7. A NEW SECTION OF KRS CHAPTER 335B IS CREATED TO 24
READ AS FOLLOWS: 25
Sections 1 to 7 of this Act may be cited as the U niversal Recognition of Occupational 26
Licenses Act. 27