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Introduced Version House Bill 4037 History

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H. B. 4037

 

(By Delegates Iaquinta, Longstreth, Fleischauer,

Jones, Stephens, Walker and Azinger)

[Introduced January 12, 2012; referred to the

Committee on Veterans’ Affairs and Homeland Security then the Judiciary.]

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §30-1-6a and §30-1-6b, all relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States; requiring consideration of military education, training and experience for qualification for professional licensure; providing legislative findings; requiring acceptance of certain military education, training and experience toward qualification for licensure or registration; providing rule-making authority for licensing or registration boards; providing exceptions; and requiring the extension of licenses and the waiver of certain requirements for licenses or registration of persons and accompanying spouses on active duty in the Armed Forces of the United States.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §30-1-6a and §30-1-6b, all to read as follows:

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-6a. Consideration of military education, training and experience for licensure or registration.

    (a) The Legislature finds that many members and former members of the United States Armed Forces have had extensive professional and occupational training and experience while in the Armed Forces in various professions and occupations; that in many instances, the level of academic education, training and experience may be comparable to or may exceed what is required to qualify for licensure or for examination for licensure in this state for a similar occupation or profession; and that certain training, education and experience of members and veterans of the Armed Forces should be sufficient to be applied toward meeting the requirements for licensure or registration in a comparable profession or occupation. The Legislature further finds that military veterans have expended and sacrificed a significant portion of their most productive earning potential working years of their life to the service of their country and should be given the opportunity to take advantage of their military education, experience and training toward pursuing a purloined career in licensed professions and occupations requiring licensure or registration in this chapter. The Legislature further finds that the state may be experiencing a shortage of qualified candidates for licensure for these various professions and occupations. Therefore, it is in the public interest of this state to accommodate and attract persons with the appropriate military education, training and experience, to apply for licensure in a profession or occupation in West Virginia. However, the Legislature further finds that the licensing boards and commissions in this chapter have the particular expertise necessary to evaluate and determine what military education, training and experience is adequate to be acceptable toward meeting the qualifications for licensure or registration and whether it is necessary that the competency of those persons be determined and evaluated by examination before they are so licensed or registered. This section is enacted in view of these findings and shall be liberally construed in the light of these findings.

    (b) Except as provided in subsection © of this section, all boards referred to in this chapter shall, upon presentation of satisfactory evidence by an applicant for licensure or registration, accept education, training or experience of an individual as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, the military reserves of any state toward the qualifications to receive the license or registration. Boards referred to in this chapter may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to implement the provisions of this section. The proposed rules may establish criteria or requirements for military education, training and experience that qualify the applicant to take an examination for licensure or registration or for a waiver of any examination requirement to be licensed or registered.

    © The provisions of this section do not apply to the boards referred to in this chapter whose license requirements are subject to the provisions of article twenty-four of this chapter.

§30-1-6b. Licensure or registration of persons and spouses of persons on military active duty; extension of licenses or registration; waiver of certain license or registration requirements.

    Notwithstanding any other provision of this chapter to the contrary:

    (1) The license or registration of a person licensed or registered by a board referred to in this chapter, during periods when the licensee or registrant is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, continue in good standing and shall be renewed without:

    (A) Payment of any dues or fees for the maintenance or renewal of the license or registration; and

    (B) Meeting continuing education requirements for the license or registration when:

    (I) Circumstances associated with military duty prevent the individual from obtaining the required continuing education, and a waiver request has been submitted to the appropriate board, which circumstances include, but are not limited to, deployment outside of the United States or in any combat area; or

    (ii) The individual performs the licensed or registered profession or occupation as part of his or her military duties as annotated in Defense Department Form 214 (DD214).

    (2) The license or registration of a person licensed or registered by a board referred to in this chapter, during periods when the licensee or registrant is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, continue in good standing and shall be renewed without:

    (A) Payment of any dues or fees for the maintenance or renewal of the license or registration; and

    (B) Meeting continuing education requirements for the license or registration when circumstances associated with military duty prevent the individual from obtaining the required continuing education, and a waiver request has been submitted to the appropriate board, which circumstances include, but are not limited to, deployment of the spouse outside of the United States or in any combat area.




    NOTE: The purpose of this bill is to require the consideration of military training, experience and education toward qualification for professional or occupational licensure. The bill also provides for the extension of licenses and the waiver of certain requirements for licenses or registration of individuals, and accompanying spouses, while on active duty in the Armed Forces of the United States.


    All sections in this bill are new; therefore, it has been completely underscored.


    This bill was recommended for introduction and passage during the 2012 Regular Session of the Legislature by the Select Committee on Veterans’ Affairs.

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