HOUSE BILL REPORT

SB 6290

As Passed House:

March 1, 2012

Title: An act relating to military spouses or registered domestic partners occupational licensing status during deployment or placement outside Washington state.

Brief Description: Concerning military spouses or registered domestic partners occupational licensing status during deployment or placement outside Washington state.

Sponsors: Senators Kilmer, Swecker, Conway, Shin, Rolfes and Chase; by request of Department of Veterans Affairs.

Brief History:

Committee Activity:

Business & Financial Services: 2/16/12 [DP].

Floor Activity:

Passed House: 3/1/12, 95-1.

Majority Report: Do pass. Signed by 12 members: Representatives Kirby, Chair; Kelley, Vice Chair; Bailey, Ranking Minority Member; Buys, Assistant Ranking Minority Member; Blake, Condotta, Hudgins, Hurst, Kretz, Pedersen, Rivers and Ryu.

Staff: Jon Hedegard (786-7127).

Background:

The Department of Health (DOH) and various boards and commissions regulate a variety of health professions. Each profession is subject to its own unique credentialing standards including requirements regarding education, examinations, and clinical training. The DOH licensees include:

• denturists;

• dispensing opticians;

• ocularists;

• pharmacy assistants;

• physician assistants;

• osteopathic physician assistants;

• emergency medical technicians;

• radiologic technologists;

• nursing assistants;

• respiratory care practitioners;

• health care assistants;

• surgical technologists;

• dental assistants;

• expanded function dental auxiliaries;

• physical therapists; and

• physical therapy assistants.

The Department of Licensing (DOL) regulates a broad array of businesses and professions. A business or profession may be regulated directly by the DOL or under a board or commission or other authority that may have sole or shared jurisdiction with the DOL. Each regulated business and profession has a separate set of laws. Licensees of the DOL include:

• architects;

• auctioneers;

• bail bond agents;

• camping resort salespersons;

• cosmetologists, barbers, manicurists, estheticians, and instructors/operators;

• court reporters;

• driver training instructors;

• engineers;

• land surveyors;

• embalmers and funeral directors;

• geologists;

• home inspectors;

• landscape architects;

• notary publics;

• on-site wastewater treatment system designers and inspectors;

• professional athletic announcers, chiropractors, inspectors, judges, managers, matchmakers, participants, physicians, promoters, referees, seconds, timekeepers;

• real estate brokers, salespersons, and land development representatives;

• real estate appraisers;

• security guards;

• body art, body piercing, or tattoo practitioners; and

• timeshare salespeople.

Both the DOL and the DOH have provisions in law that put a moratorium on the expiration of a valid license beginning at the time a licensee enters service in the armed forces or the merchant marines of the United States and continuing until the service is ended. Upon payment of the current renewal fee, the DOL and the DOH must renew the license of every person who applies for renewal of a license within six months after being honorably discharged from such service.

Summary of Bill:

Service in the United States Public Health Service Commissioned Corps is added to the list of services that qualifies for a moratorium on the expiration of a license for DOH and DOL licensees.

License moratoriums parallel to the moratoriums for service members are created for the spouse or registered domestic partner of a service member while the service member is deployed or stationed outside of the state. The licensed spouse or registered domestic partner status may have their license placed on inactive status until the service is ended.

The DOH must return the license of the spouse or registered domestic partner of a service member to active status if the spouse or registered domestic partner:

• applies to activate a license within six months after the service member is honorably discharged from service; and

• pays the current renewal fee.

The Secretary of the DOH may adopt rules to implement this act for DOH licensees.

The DOL must return the license of the spouse or registered domestic partner of a service member to active status if the spouse or registered domestic partner:

• applies to activate a license within six months after returning to the state; and

• pays the current renewal fee.

The Director of the DOL and the various boards and commissions may adopt rules to implement this act for DOL licensees.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) This bill is part of an ongoing process to help the people who serve in our military and their families. It builds on previous legislative efforts. Last year, bills were passed that related to licensees that serve in the military. Subsequent issues were addressed in a bill that was passed in special session. One-third of military spouses have professional licenses. This state is acknowledged as a leader in the area of helping military families. This bill will help military families throughout the state. Downsizing of the military means that more people will be deciding where to spend their post-military lives. Those former service members and their families may move into the state and bring additional revenue and skills.

(Opposed) None.

Persons Testifying: Senator Kilmer, prime sponsor; and Ted Wicorek, Veterans Legislative Coalition.

Persons Signed In To Testify But Not Testifying: None.