MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Military Affairs

By: Representatives Hopkins, Rushing, Eubanks, Brown (20th), Foster, Crawford, Williamson

House Bill 1510

(As Passed the House)

AN ACT TO AMEND SECTION 73-50-1, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS APPLICABLE TO THE ISSUANCE OF OCCUPATIONAL LICENSES TO APPLICANTS WHO ARE MEMBERS OF THE MILITARY OR MARRIED TO OR DEPENDENTS OF MEMBERS OF THE MILITARY, TO MAKE IT EASIER AND FASTER FOR THOSE APPLICANTS TO RECEIVE OCCUPATIONAL LICENSES IN MISSISSIPPI; TO PROVIDE THAT THIS SECTION SHALL BE KNOWN AS THE "MILITARY FAMILY FREEDOM ACT"; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-50-1, Mississippi Code of 1972, is amended as follows:

     73-50-1.  (1)  This section shall be known as the "Military Family Freedom Act."

     ( * * *12)  As used in this section, the term:

          (a)  "License" means any license (other than a privilege license), certificate, registration or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation.

          (b)  "Occupational licensing board" means any state board, commission, department or other agency in Mississippi that is established for the primary purpose of regulating the entry of persons into, and/or the conduct of persons within, a particular profession or occupation, and which is authorized to issue licenses.  For the purposes of this section, the State Department of Education shall be considered an occupational licensing board when issuing teacher licenses under Section 37-3-2.

(c)  "Military" means the Armed Forces or Reserves of the United States, including the Army, Navy, Marine Corps, Coast Guard, Air Force, and the reserve components thereof, the National Guard of any state, the military reserves of any state, or the naval militia of any state.

     ( * * *23)  Notwithstanding any other provision of law, an occupational licensing board shall issue a license * * *, certification or registration to a military‑trained applicant to allow the applicant to lawfully practice the applicant's occupation in Mississippi to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, if, upon application to an occupational licensing board, the applicant satisfies the following conditions:

          (a)  The applicant has been awarded a military occupational specialty, * * *and has done all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure, certification or registration of the occupational licensing board from which the applicant is seeking licensure, certification or registration in this state: completed a military program of training, completed testing or equivalent training and experience * * * as determined by the board, and performed in the occupational specialty * * *.;

          (b)  The applicant holds a current and valid license in another state in an occupation with a similar scope of practice, as determined by the occupational licensing board in Mississippi and has * * *engaged in the active practice of the occupation for which the person is seeking a held this license * * *, certification or permit from the occupational licensing board in * * *this the other state for at least * * *two (2) of the five (5) years preceding the date of the application under this section one (1) year * * *.;

          (c)  The applicant has not committed any act in * * *any jurisdiction the other state that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in * * *this state Mississippi at the time the act was committed, the occupational licensing board in the other state holds the applicant in good standing, and the applicant does not have a disqualifying criminal record as determined by the occupational licensing board in Mississippi under Mississippi law * * *.;

          (d)  The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's work in the occupation in another state;

(e)  The applicant does not have a complaint, allegation or investigation pending before an occupational licensing board or other board in another state that relates to unprofessional conduct or an alleged crime.  If the applicant has a complaint, allegation or investigation pending, the occupational licensing board in Mississippi shall not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved, or the applicant otherwise satisfies the criteria for licensure in Mississippi to the satisfaction of the occupational licensing board in Mississippi; and

          ( * * *df)  The applicant pays * * *any all applicable fees * * *required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state in Mississippi.

     ( * * *34)  * * *Notwithstanding any other provision of law, an occupational licensing board shall issue a license, certification or registration to a military spouse to allow the military spouse to lawfully practice the military spouse's occupation in Mississippi if, upon application to an occupational licensing board, the military spouse satisfies the following conditions: Notwithstanding any other law, the occupational licensing board shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, upon application based on work experience in another state, if all the following apply:

          (a)  * * * Holds a current license, certification 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, certification or registration of the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state. The applicant worked in a state that does not use a license to regulate a lawful occupation, but Mississippi uses a license to regulate a lawful occupation with a similar scope of practice, as determined by the occupational licensing board;

          (b)  * * *Can demonstrate competency in the occupation through methods as determined by the board, such as having completed continuing education units or having had recent experience for at least two (2) of the five (5) years preceding the date of the application under this section. The applicant worked for at least three (3) years in the lawful occupation; and

          (c) * * *Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in this state at the time the act was committed. The applicant satisfies the provisions of paragraphs (c) through (f) of subsection (3) of this section.

 * * *(d)  Is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certification or permit.

  (e)  Pays any fees required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.

(4)  An occupational licensing board issuing a license, certification or registration to a military spouse pursuant to subsection (3) of this section shall issue or deny the license, certification or registration within four (4) months of the military spouse's application if the spouse's orders are in Mississippi for thirty‑six (36) months or less.

     (5)  * * *All relevant experience of a military service member 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 (2) or (3) of this section. An occupational licensing board may require an applicant to pass a jurisprudential examination specific to relevant state laws in Mississippi that regulate the occupation if the issuance of a license in Mississippi requires an applicant to pass a jurisprudential examination specific to relevant state statutes and administrative rules in Mississippi that regulate the occupation.

     (6)  * * *A nonresident 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 state. The occupational licensing board shall provide the applicant with a written decision regarding the application for a license within sixty (60) days after receiving an application.

     (7)  (a)  * * *An occupational licensing board may issue a temporary practice permit to a military‑trained applicant or military spouse licensed, certified or registered in another jurisdiction while the military‑trained applicant or military spouse is satisfying the requirements for licensure under subsection (2) or (3) 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 state.  The military‑trained 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. The applicant may appeal any of the following decisions of an occupational licensing board to a court of general jurisdiction:

(i)  Denial of a license;

(ii)  Determination of the occupation;

(iii)  Determination of the similarity of the scope of practice of the license issued; or

(iv)  Other determinations under this section.

(b)  The court shall determine all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an occupational licensing board, without regard to any previous determination that may have been made on the question in any action before the occupational licensing board.

     (8)  An occupational licensing board shall prominently print the following on all license applications, any communication denying a license, and on the board's website: "Pursuant to the provisions of the Military Family Freedom Act, Mississippi shall recognize occupational licenses obtained from other states for military members and their families."  An occupational licensing board shall prepare and place on the board's website an annual report detailing the number of applications submitted to the licensing board under this section during a calendar year and the actions taken by the board on the applications.

     ( * * *89)  An occupational licensing board shall adopt rules necessary to implement this section by January 1, * * *2020 2021.  In addition, an occupational licensing board shall make all reasonable efforts to issue a license to an applicant for a license under this section.

     ( * * *910)  Nothing in this section shall be construed to prohibit a military * * *‑trained applicant * * *or military, spouse or dependent from proceeding under the existing licensure * * *, certification or registration requirements established by an occupational licensing board in * * *this state Mississippi.

     (11)  Nothing in this chapter shall be construed to prevent Mississippi from entering into a licensing compact or reciprocity agreement with another state, foreign province or foreign country. A license issued under this section is valid only in Mississippi. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in Mississippi law.

     ( * * *1012)  Nothing in this section shall be construed to apply to the practice of law as regulated under Section 73-3-1 et seq.

 * * * (11)  An occupational licensing board issuing a license, certification or registration pursuant to this chapter is encouraged to reduce the fees required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.

(13)  This section preempts any ordinances of any municipality, county and other political subdivisions of the State of Mississippi that regulate licenses.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.

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