AN ACT TO EXPEDITE OCCUPATIONAL LICENSURE FOR MILITARY SPOUSES; TO PUBLICIZE LICENSURE INFORMATION; TO REPORT DATA REGARDING APPLICANTS WHO ARE MILITARY SPOUSES AND APPLICANTS THAT HAVE MILITARY TRAINING, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE; AND TO ESTABLISH THE INTERSTATE COMPACT FOR THE PRACTICE OF AUDIOLOGY AND SPEECH PATHOLOGY. SL 2020-87. Enacted July 2, 2020. Part 1 is effective December 1, 2020. Part II is effective when at least 10 states have enacted the Interstate Compact for Audiology and Speech Pathology set forth in Section 3. Part III is effective July 2, 2020.
Bill Summaries: H1053 PED/MILITARY OL & AUDIOLOGY INTERSTATE COMPCT. (NEW)
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Bill H 1053 (2019-2020)Summary date: Jul 2 2020 - View Summary
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Bill H 1053 (2019-2020)Summary date: Jun 22 2020 - View Summary
Senate amendment makes the following changes to the 3rd edition.
Part I
Amends the proposed changes to GS 93B-15.1 regarding licensure for individuals with military training and experience and licensure by endorsement for military spouses. Deletes new subsection (l), which proposed to toll the issuance or notification time periods for boards requiring applicants to submit to a criminal background check until the board receives the completed record check.
Makes organizational and technical changes.
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Bill H 1053 (2019-2020)Summary date: Jun 18 2020 - View Summary
Senate committee substitute makes the following changes to the 2nd edition.
Part I
Deletes the previous content of Part I and now provides the following.
Amends GS 93B-15.1 regarding licensure for individuals with military training and experience and licensure by endorsement for military spouses. Expands the statute to include licensure by State agency licensing boards. Shortens the time period by which an occupational licensing board or state agency licensing board must either issue a license, certification, or registration, or notify a military-trained applicant when their military training or experience does not satisfy the necessary criteria, from 30 days to 15 days after receiving an application. Also shortens the time by which the board must notify an applicant when the applicant has a pending complaint from 30 days to 15 days following the board receiving written notice of the disposition of the pending complaint. Makes the same changes to the those time periods as they apply to military spouse applications. Establishes similar provisions regarding applications by military spouses. Requires temporary practice permits to a military-trained applicant or military spouse meeting the specified requirements to be issued within 15 days after receiving an application. Requires the practice permit to be issued using the same information provided by the applicant in the licensure application. Allows a temporary practice permit to be denied or revoked for a pending complaint after providing the required notice. Additionally, requires the Secretary of the Department of Military and Veterans Affairs to publish on the Department’s website both documents occupational licensing boards are required to publish on its website under the statute (previously, required licensure criteria to be published on the Department’s website, but did not place this responsibility on the Secretary). Tolls the issuance or notification time periods for boards requiring applicants to submit to a criminal background check until the board receives the completed record check.
Amends GS 93B-2 regarding annual reporting requirements for occupational licensing boards and State agency licensing boards. Adds to the required contents of the annual reports, requiring boards to report on the following data for both military-trained applicants and military spouses: the number of applicants, the number granted a license, the number denied a license for any reason, and a summary of the reasons for denial. Prohibits disclosure of any identifying information of any applicant in reporting this information. Additionally, amends GS 93B-15.1 to require the State Board of Education to report this same information regarding teacher licensure for military-trained applicants and military spouses. Lastly, amends GS 93B-2 to require all boards to annually electronically file the information collected on military-trained applicants and military spouses with the Secretary of the Department of Military and Veterans Affairs.
Requires each occupational licensing board and State agency licensing board, by October 31, 2021, to include the data now specified under GS 93B-2, for fiscal year 2019-20 in the required annual reports.
Part II
Makes technical changes to proposed Article 2, Interstate Compact for Audiology and Speech Pathology, in GS Chapter 93B. Changes the effectiveness of Part II, now conditioned on at least 10 states enacting the Compact (was, effective on the date the act becomes law). Directs the Board of Examiners for Speech and Language Pathologists and Audiologists to report to the Revisor when this qualifying event occurs.
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Bill H 1053 (2019-2020)Summary date: Jun 4 2020 - View Summary
House committee substitute makes the following changes to the 1st edition.
Places the previous content in new Part I.
Makes organizational changes to GS Chapter 93B to place existing statutes in new Article 1, Occupational Licensing Boards.
Part II adds the following new provisions.
Enacts new Article 2, Interstate Compact for Audiology and Speech Pathology, in GS Chapter 93B. States the purpose and objectives of the Interstate Compact for Audiology and Speech Pathology (Compact), and sets forth 24 defined terms. Grants audiologists and speech-language pathologists the privilege to practice in Compact states, subject to the requirements and restrictions provided in the Compact. Requires states to use procedures for considering criminal history records for initial privileges, including fingerprinting or similar biometric-based procedures to obtain criminal history records from the FBI and the respective state's criminal history database. Details further requirements of states regarding criminal background checks of applicants. Describes detailed procedures remote states must follow upon receiving applications for privileges to practice, including distinct requirements for audiologist and speech-language pathologists. Establishes that the privilege to practice is derived from the home state license, and provides for the jurisdiction of the remote member state in regards to practicing laws and licensure. Authorizes member states to charge a fee for granting a compact privilege.
Sets forth seven qualifications audiologist and pathologists must be to exercise the compact privilege, including holding an active license in the home state, having no encumbrance on any state license, having not had any adverse action against any license or compact privilege within the preceding two years, payment of applicable fees, and notifying the Audiology and Speech-language Pathology Compact Commission of compact privilege application and non-member state adverse action. Limits audiologists and pathologists to one home state license at a time and provides for privilege validity until expiration of the home state license. Sets forth detailed parameters regarding application and practice in remote member states. Allows remote state regulatory authorities to remove a compact privilege, impose fines, and take other adverse actions. Also authorizes remote states to issue subpoenas for hearings and investigations. Restricts authority to take adverse action against a license issued by the home state to the home state. Mandates loss of privilege in any remote state if a home state license is encumbered until the home state license is no longer encumbered and two years have elapsed from the date of the adverse action, subject to initial privilege requirements. Requires member states to recognize the privilege to practice by telehealth. Provides for active duty military personnel and their spouses' home state designation. Establishes parameters for adverse actions, investigations, and required notifications.
Establishes the Audiology and Speech-Language Pathology Compact Commission (Commission) as a joint public agency created by member states. Provides for Commission membership, voting, meetings, powers and duties, executive committee, financing, recordkeeping, and member qualified immunity, defense, and indemnification. Among the 19 powers and duties charged of the Committee, includes prosecuting legal proceedings and actions, and the acquisition and disposal of property. Requires the Commission to provide for the development, maintenance and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in members states. Provides for reporting, access, and removal of specified information by member states. Provides for Commission rulemaking procedures and effect, as well as member state rejection of a Commission rule. Details dispute resolution procedures between member states and Compact enforcement.
Provides for the Compact to become effective upon enactment in the 10th member state. Details initial Commission powers, effect of Commission rules on joining states, member withdrawal procedures, and Compact amendment parameters.
Deems the provisions of the Compact severable and advises on its construction and effect on other laws.
Changes the act's titles.
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Bill H 1053 (2019-2020)Summary date: Apr 30 2020 - View Summary
Amends GS 93B-15.1 regarding licensure for individuals with military training and experience or military spouses. Makes organizational changes to separate the notification requirements for occupational licensing boards that find the military trained applicant or the military spouse applicant does not satisfy the licensure, certification, or registration requirements; however, the existing requirements remain for both applicants. Adds that an occupational licensing board must notify a military spouse applicant who has a pending complaint with the respective licensing agency in another jurisdiction within 30 days of the board's receipt of written notice of the disposition of the pending complaint.
Further amends the statute by adding to the information each occupational licensing board must publish to its website, currently limited to licensure, registration, or certification criteria, to include a document that contains a summary of the opportunities available to veterans and military spouses under the statute’s provisions. Additionally, requires the Secretary of the Department of Military and Veterans Affairs to publish on the Department’s website both documents occupational licensing boards are required to publish on its website under the statute (previously, required licensure criteria to be published on the Department’s website, but did not place this responsibility on the Secretary).
Amends GS 93B-2 regarding annual reporting requirements for occupational licensing boards. Adds to the required contents of the annual reports, requiring occupational licensing boards to report on the following data for both military trained applicants and military spouses: the number of applicants, the number granted a license, the number denied a license for any reason, and a summary of the reasons for denial. Prohibits disclosure of any identifying information of any applicant in reporting this information. Additionally, amends GS 93B-15.1 to require the State Board of Education to report this same information regarding teacher licensure for military trained applicants and military spouses. Lastly, amends GS 93B-2 to require all occupational licensing boards to annually electronically file the information collected on military trained applicants and military spouses with the Secretary of the Department of Military and Veterans Affairs.
Requires each occupational licensing board to include the newly required reporting criteria under GS 93B-2, as amended, for fiscal year 2019-20 in annual reports by October 31, 2021.
Effective December 1, 2020, and applies to applications for licensure received on or after that date.