Amends TCA Title 4, Chapter 3, Part 13; Title 62; Title 63 and Title 68, Chapter 1, Part 1.

This bill replaces the present law provisions governing expedited licensure procedures for certain professions for a member of armed forces and a member's spouse, to instead provide certain licensure exemptions for armed services members (including Tennessee national guard members) and their spouses, as discussed below.<br /> <br /> PRESENT LAW<br /> <br /> Generally present law requires each board attached to the division of regulatory boards, each health related board, and the emergency medical services board to establish a procedure to expedite the issuance of a license, certification or permit to perform services regulated by each such board to a person: <br /> <br /> (1) Who is certified or licensed in another state to perform services in another state; whose spouse is a member of the armed forces of the United States; whose spouse is the subject of a military transfer to this state; and who left employment to accompany the person's spouse to this state; or<br /> (2) Who, as a member of the armed forces of the United States, carries a current license or certification in another state to perform substantially similar services in a state other than Tennessee; and who applies for a license in this state within 180 days of retiring from the armed forces of the United States, receiving any discharge other than a dishonorable discharge from the armed forces of the United States, or being released from active duty into a reserve component of the armed forces of the United States.<br /> <br /> This bill replaces the above provisions with the following, which will be applicable to occupations and professions governed by a state board, agency, or commission attached to the division of regulatory boards only [SEE NOTE]: <br /> <br /> Under this bill, the following persons may engage in the practice of an occupation or profession, without being licensed under this state's law governing licensure:<br /> <br /> (1) A member of the armed forces while the person is stationed within this state, if:<br /> (A) The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction recognized by the department as having equivalent requirements for licensure; and<br /> (B) The license is current and the person is in good standing in the state or jurisdiction of licensure; and<br /> (2) The spouse of a member of the armed forces while the member is stationed in this state, if:<br /> (A) The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction recognized by the department as having equivalent requirements for licensure; and<br /> (B) The license is current and the spouse is in good standing in the state or jurisdiction of licensure.<br /> <br /> This bill defines "member of the armed forces" as a member of the U.S. armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States.<br /> <br /> NOTE: It appears that the reference to "the division of regulatory boards, as listed in section 4-3-1304" in SECTION 3(a)(3) of this bill should instead refer to "the division of health related boards, as listed in section 68-1-101," since the remaining section language refers to licensing under title 63, and all professions under title 63 are either under that authority of a health related board and not a board attached to the division of regulatory boards. <br /> <br /> ON MARCH 25, 2019, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 384, AS AMENDED.<br /> <br /> AMENDMENT #1 retains a present law provision, which this bill would have deleted, that allows reservists and guard members who are called to active duty to renew a license that expires while the person is activated upon their return from active duty.<br /> <br /> This amendment changes this bill's definition of "license" to clarify that this bill applies only to licenses issued to individuals and not licenses issued to business entities, firms, physical locations, and supervisory personnel.<br /> <br /> This amendment makes this bill's exemption from licensure applicable to professions issued under Titles 16 (courts), 46 (funeral services), 55 (motor and other vehicles), 62 (occupations and provisions regulated by the division of regulatory boards), and 68 (health, safety and welfare).<br /> <br /> This amendment adds that, in order for a member of the armed forces or spouse of such person to qualify for an exemption from licensure under this bill, the person must:<br /> <br /> (1) Agree in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and<br /> (2) Provide notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice.<br /> <br /> This amendment adds a requirement that the commissioner of commerce and insurance and each regulatory board, upon application for certification or licensure, accept military education, training, or experience completed by a person toward the qualifications to receive a license or certification if such education, training, or experience is determined by the commissioner or board to be substantially equivalent to the standards of this state.<br /> <br /> ON APRIL 8, 2019, THE HOUSE SUBSTITUTED SENATE BILL 384 FOR HOUSE BILL 304, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 384, AS AMENDED.<br /> <br /> AMENDMENT #2 revises the standard for recognizing another state's license, as described above in the bill summary in (1)(A) and (2)(A) to require that the other state or jurisdiction "have reasonably similar standards for licensure" instead of being "recognized by the department as having equivalent requirements for licensure." <br /> <br />