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21LSO-0135
ORIGINAL Senate
ENGROSSED
File No
.
SF0018
ENROLLED ACT NO. 13,
SENATE
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session
AN ACT relating to professions and occupations; amending professional licensing requirements for military spouses; providing for the issuance of professional and occupational licenses to qualified applicants from other states; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 33
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1
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120 is created to read:
33
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1
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120.
Professional and occupational licensure for qualified individuals licensed in other jurisdictions.
(a)
As used in this section:
(i)
"Active" means a status of occupational or professional licensure which has not been suspended, revoked or terminated and which is not otherwise inactive;
(ii)
"Applicant" means a natural person seeking licensure from a professional or occupational licensing board of this state;
(iii)
"Good standing" means a status of occupational or professional licensure which is in compliance with all requirements imposed by the issuing licensing, certification or registration authority;
(iv)
"License" means any license, certificate or registration required to practice an occupation or profession.
(b)
A professional or occupational licensing board shall issue a license to an applicant to allow the
applicant to lawfully practice a profession or occupation requiring licensure in this state if the Wyoming licensing board determines that the applicant:
(i)
Holds a relevant, active occupational or professional license in good standing from another state that mandates substantially equivalent or more stringent educational, training, examination and experience requirements for licensure than the licensing entity in this state. Substantial equivalency shall be determined pursuant to rules adopted by the licensing board in Wyoming provided that:
(A)
The educational equivalency shall be determined by whether the degree required is a doctorate, master, bachelor, associate or other degree with curriculum deemed substantially equivalent by the licensing board;
(B)
If the Wyoming licensing board requires an examination for licensure, the substantially equivalent examination requirement may be met by passing the same or an earlier version of the exam.
The Wyoming licensing board shall waive this requirement if the individual has been licensed for more than ten (10) years;
(C)
In evaluating any work experience requirements the provisions of subsection (c) of this section shall apply;
(D)
In addition to any exam required under subparagraph (B) of this paragraph the Wyoming licensing board may require an examination relating to the specifics of Wyoming law and regulations regardless of the length of time the individual has been licensed.
(ii)
Demonstrates competency in the occupation or profession for which the applicant seeks licensure. Competency shall be determined pursuant to rules that shall be adopted for that purpose and may include consideration of continuing education credits, recent work experience, prior licensing examinations, disciplinary actions taken against the applicant in other states and other appropriate factors;
(iii)
Has not engaged in any act that would constitute grounds for refusal, suspension or revocation of the occupational or professional license sought in this state; and
(iv)
Has completed all required application procedures and paid any required fee.
(c)
All relevant work experience of an applicant, including full
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time or part
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time experience, regardless of whether in a paid or volunteer capacity, may be credited in any work experience requirement adopted by an occupational or professional licensing board.
(d)
This section shall apply to all applications for licensure under W.S. 21
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802 or under title 33 of the Wyoming statutes except for the following:
(i)
An application to be an attorney at law under chapter 5 of title 33;
(ii)
An application to any board which represents a profession with prescriptive drug authority, but only with respect to the profession with the prescriptive drug authority.
(e)
Nothing in this section shall be held to limit the rights or privileges of a military service member under W.S. 33
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116.
Section 2.
W.S. 33
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117(b)(intro), (i), (e) and by creating a new subsection (g) is amended to read:
33
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117.
Temporary permits for military spouses.
(b)
A professional or occupational licensing board shall issue
a
an expedited
license to a military spouse to allow the military spouse to lawfully practice a profession or occupation requiring licensure in this state if the military spouse:
(i)
Holds a relevant, active occupational or professional license in good standing from another state
;
which state mandates substantially equivalent or more stringent educational, training, examination and experience requirements for licensure.
Substantial equivalency shall be determined pursuant to rules which shall be adopted by the licensing board from which the military spouse applicant seeks licensure;
(e)
Pursuant to rules which may be adopted for this purpose, a professional or occupational licensing board may issue a temporary practice permit to a military spouse applicant who meets the requirements of paragraph (b)(i) of this section and who has applied for a professional or occupational license under this section.
The military spouse applicant may practice under the temporary permit for a period not to exceed
one hundred twenty (120) days
three (3) years provided the military spouse is making progress toward satisfying the unmet licensure requirements,
or until the professional or occupational
license for which they have applied has been either granted or denied, whichever first occurs.
A board shall not charge a military spouse any fees for a temporary permit under this subsection.
(g)
On each licensure application or renewal form, a professional or occupational licensing board shall inquire and maintain a record of whether an applicant is a member of the military or military spouse. If an applicant self
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identifies as and provides the board with satisfactory proof that the applicant is a military spouse, the board shall immediately commence the process of issuing a license
or temporary permit.
Section 3.
Professional and occupational licensing boards shall adopt rules necessary to implement this act.
Section 4.
(a) Except as provided in subsection (b) of this section, t
his act is effective July 1, 2021.
(b) Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
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