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2012 SESSION

12104953D
HOUSE BILL NO. 937
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on February 2, 2012)
(Patron Prior to Substitute--Delegate Lingamfelter)
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 54.1 sections numbered 54.1-118 and 54.1-118.1, relating to professions and occupations; expediting the issuance of licenses for spouses of military service members.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 1 of Title 54.1 sections numbered 54.1-118 and 54.1-118.1 as follows:

§ 54.1-118. Expediting the issuance of licenses, etc., to spouses of military service members.

A. Notwithstanding any other law to the contrary and unless an applicant is found by the board to have engaged in any act that would constitute grounds for disciplinary action, a regulatory board within the Department of Professional and Occupational Regulation or the Department of Health Professions or any other board named in this title shall establish procedures to expedite the issuance of a license, permit, certificate, or other document, however styled or denominated, required for the practice of any business, profession, or occupation in the Commonwealth to an applicant whose application has been deemed complete by the board and (i) who holds the same or similar license, permit, certificate, or other document required for the practice of any business, profession, or occupation issued by another jurisdiction, (ii) whose spouse is the subject of a military transfer to the Commonwealth, and (iii) who left employment to accompany the applicant's spouse to Virginia, if, in the opinion of the board, the requirements for the issuance of the license, permit, certificate, or other document in such other jurisdiction are substantially equivalent to those required in the Commonwealth. If a board is unable to make a final determination regarding substantial equivalency with 30 days of receipt of a completed application, the board shall issue a temporary license, permit, or certificate to any applicant who otherwise meets the qualifications set out in this section.

B. The provisions of this section shall apply regardless of whether a regulatory board has entered into a reciprocal agreement with the other jurisdiction pursuant to subsection B of § 54.1-103.

C. Any regulatory board may require the applicant to provide documentation it deems necessary to make a determination of substantial equivalency.

§ 54.1-118.1. Issuance of temporary licenses, etc., to spouses of military service members.

A. Notwithstanding any other law to the contrary, a regulatory board within the Department of Professional and Occupational Regulation or the Department of Health Professions or any other board named in this title shall issue a temporary license, permit, or certificate to any applicant who holds a substantially equivalent license, permit, or certification issued by another jurisdiction provided:

1. The license, permit, or certification is valid;

2. The applicant is in good standing with the regulatory entity that issued the license, permit, or certification;

3. The applicant's spouse is the subject of a military transfer to the Commonwealth; and

4. The applicant left employment to accompany the applicant's spouse to Virginia.

B. The provisions of this section shall apply regardless of whether a regulatory board has entered into a reciprocal agreement with the other jurisdiction pursuant to subsection B of § 54.1-103.

C. Any regulatory board may require the applicant to provide documentation it deems necessary to make a determination of substantial equivalency. Any person who receives a temporary license, permit, or certification pursuant to this section shall be subject to the jurisdiction of the regulatory board named in this title that issued the license, permit, or certification.

D. Any temporary license, permit, or certification issued pursuant to this section shall be limited for a period not to exceed six months and shall authorize the applicant to engage in the profession or occupation while completing any specific requirements that may be required in Virginia that were not required in such other jurisdiction.

2.  That the provisions of this act shall become effective on July 1, 2012, except that the provisions of § 54.1-118.1 of this act shall become effective on July 1, 2014.