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An Act to amend and reenact §
54.1-205
of the Code of Virginia, relating to Department of Professional and Occupational Regulation; universal license recognition.
Be it enacted by the General Assembly of Virginia:
1. That §
54.1-205
of the Code of Virginia is amended and reenacted as follows:
§
54.1-205
. Universal license recognition.
A. For purposes of this section
,
:
"Another state" or "other state" means any state, territory, possession, or jurisdiction of the United States.
"Neighboring state" means the District of Columbia, Maryland, North Carolina, Kentucky, Tennessee, or West Virginia.
B. Except as provided in subsection D, the regulatory boards within the Department of Professional and Occupational Regulation shall, upon application by an individual, recognize licenses or certificates issued by another state as fulfillment of qualifications for licensure or government certification in the Commonwealth if the following conditions are met:
1. The individual holds a current and valid professional or occupational license or government certification in another state in a profession or occupation with a similar scope of practice, as determined by the board in the Commonwealth;
2. The individual has held the professional or occupational license or government certification in the other state for at least
three years
one year
;
3. The board in the other state or state of original licensure required the individual to pass an examination and to meet certain standards related to education, training, or experience;
4. There are no pending investigations or unresolved complaints against the individual, and the board in the other state holds the individual in good standing;
5. The individual does not have a disqualifying criminal record as determined by the board in the Commonwealth in accordance with §
54.1-204
;
6. No board in another state has imposed discipline on the licensee, except for discipline involving only a financial penalty and no harm to the health or economic well-being of the public; and
7. The individual pays all applicable fees.
C. Except as provided in subsection D, the regulatory boards within the Department of Professional and Occupational Regulation shall, upon application by an individual, recognize work experience in another state as fulfillment of qualifications for licensure or government certification in the Commonwealth if the following conditions are met:
1. The individual worked in another state that does not use a professional or occupational license or government certification to regulate a profession or occupation, but the Commonwealth uses a professional or occupational license or government certification to regulate a profession or occupation with a similar scope of practice, as determined by the board;
2. The individual has worked in the profession or occupation for at least three years;
3. The individual passes any examination required by the board of applicants for licensure or certification; and
4. The individual satisfies the conditions outlined in subdivisions B 5, 6, and 7.
D. The Real Estate Appraiser Board, the Real Estate Board, the Board for Waste Management Facility Operators, and the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals shall, upon application by an individual, and without examination, immediately recognize the licenses or certificates issued by a neighboring state as fulfillment of qualifications for licensure in the Commonwealth if the following conditions are met:
1. The individual holds a current and valid professional or occupational license or government certification in a neighboring state in a profession or occupation with a similar scope of practice, as determined by the board in the Commonwealth;
2. There are no pending investigations or unresolved complaints against the individual, and the other state holds the individual in good standing;
3. The individual does not have a disqualifying criminal record as determined by the board in accordance with §
54.1-204
; and
4. No other state has imposed discipline on the licensee, except for discipline involving only a financial penalty and no harm to the health or economic well-being of the public.
E. The regulatory boards within the Department of Professional and Occupational Regulation may require an individual seeking a professional or occupational licensure or government certification pursuant to this section to pass a jurisprudential examination specific to relevant state laws and administrative rules that regulate such profession or occupation if such an examination is required of other applicants for the same license or certification.
F. This section shall not apply to any professional services, as defined in §
2.2-4301
.