Professional licensing-military members.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0253

SENATE FILE
NO.
SF0092

Professional licensing-military members.

Sponsored by:
Senator(s) Hastert, Johnson and Martin and Representative(s) Throne

A BILL

for

AN ACT relating to
professions and occupations; providing for issuance of professional licenses, certificates or registration to members of the military or military spouses as specified; providing for applicability and exceptions; granting rulemaking authority;

providing definitions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 33
‑
1
‑
116 is created to read:

33
‑
1
‑
116.

Professional licensing for military.

(a)

Notwithstanding any other provision of this title, an occupational licensing board shall issue a license, certification or registration to a military
service

member
applicant to allow the applicant to lawfully
practice the
applicant's
occupation in this state if the
military service
member
applicant:

(i)

Has completed a military program of training, been awarded a military occupational specialty and performed in that specialty at a level that is substantially equivalent to or exceeds the requirements for licensure, certification or
registration
of the
occupational
licensing board for which the
military service
applicant is seeking licensure, certification or registration in this state;

(ii)

Has engaged in the active practice of the occupation for which the
military service applicant
is seeking a license, certification or registration from the occupational licensing board in this state for at least two (2) of the five (5) years preceding the date of the application under this subsection;

(iii)

Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license, certificate or registration to practice that occupation in this state at the time the act was committed;

(iv)

Completes an application and pays any fee required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.

(b)

An occupational licensing board shall issue a license, certification or registration to a military spouse to allow the military spouse to lawfully practice the spouse's occupation in this state if the military spouse:

(i)

Holds a current license, certificate or registration from another jurisdiction and that jurisdiction
'
s requirements for licensure, certification or registration are substantially equivalent to or exceed the
requirements
for licensure, certi
fi
cation or registration of the occupational licensing board for which the applicant is seeking licensure, certi
fi
cation or registration in this state;

(ii)

Demonstrates competency in the
occupation
in a manner determined by the appropriate occupational licensing board, such as having completed continuing
education
units or having had
relevant
experience for at
least two (2) of the five (5)
years
preceding the date of application under this subsection;

(iii)

Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license, certificate or registration to practice that occupation in this state at the time the act was committed;

(iv)

Is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certi
fi
cate or registration;

(v)

Completes an application and pays any fee required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.

(c)

All relevant experience of a military service
applicant
in the discharge of official duties or, for a military spouse, all relevant experience, including full
-
time and part
-
time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the
calculation of years of practice in an occupation as required under subsection (a) or (b) of this section.

(d
)

A
nonresident
who is
licensed, certified or registered under this section shall be entitled to the same rights and subject to the same obligations as required of a resident licensed, certified or registered by an occupational licensing board in this
s
tate.

(e)

This section shall apply to all professions and occupations for which licensure, certification or registration is required under
W.S. 21
‑
2
‑
802 or under
t
itle 33 of the Wyoming
s
tatutes except chapter 5, attorneys at law, and chapter 26, physicians and surgeons.

(f)

A
n occupational licensing board may issue a temporary practice permit to a military

service
applicant or military spouse licensed, certified or registered in another jurisdiction while the military

service
applicant or military spouse is satisfying the requirements for licensure under subsection (a) or (b) of this section if that jurisdiction has licensure, certification or registration standards substantially equivalent to the standards for licensure, certification or registration of
an occupational licensing board in this
s
tate. The military

service
applicant or military spouse may practice under the temporary permit until a license, certification or registration is granted or until a notice to deny a license, certification or registration is issued in accordance with rules adopted by the occupational licensing board.

(g)

A
professional or
occupational licensing board may adopt rules necessary to implement this section.

(h)

N
othing in this section shall be c
onstrued to prohibit a military
service
applicant or military spouse from proceeding under the existing licensure, certification or registration requirements established by an occupational licensing board in this
s
tate.

(j)

For purposes of this section
:

(i)

"Military service
member
" mean
a
person
currently serving in a capacity described
in W.S.
19
‑
7
‑
402
(
a
)
(i) through (i
ii
)
or who was honorably discharged from such service within the immediately preceding five (5) years
;

(ii)

"Military spouse" means
a person who wa
s married to and living with a military service member
during the member's active military service
.

Section 2.

This act is effective July 1, 2012.

(END)

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SF0092